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051203 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 12, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee and Turgeon; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Zerby B. Review Agenda Administrator Dawson requested that Item 7C be added to the Agenda, a Resolution Urging Amendment of the New Conceal-and-Carry Weapons Law. Lizee moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, April 28, 2003 Turgeon moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of April 28, 2003, as presented. Motion passed 4/0. B. City Council Work Session Meeting Minutes, April 28, 2003 Lizee moved, Garfunkel seconded, Approving the City Council Work Session Meeting Minutes of April 28, 2003. Motion passed 4/0. C. Board of Review Minutes, May 5, 2003. Dawson corrected Page 3, paragraph 3, line 7, to read "...235 feet of shoreline compared to 165 feet of shoreline..." Garfunkel moved, Turgeon seconded, Approving the City Council Board of Review Minutes of May 5, 2003, as amended. Motion passed 4/0. 3. CONSENT AGENDA After removing item J from the consent agenda as requested by appellant Aaron Smith, Mayor Love asked for a motion. CITY COUNCIL REGULAR MEETING MINUTES May 12, 2003 Page 2 of7 . Garfunkel moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. B. C. D. E. F. G. H. I. . Approval of the Verified Claims List Adopting RESOLUTION NO. 03-043, "A Resolution Approving a Conditional Use Permit for T. Holmgren 23380 Smithtown Road." Revisions to the AFSCME Agreement. Approval of an Agreement for Meeting Space by and between the City of Shorewood and Lake Minnetonka VFW Post #5919. Adopting RESOLUTION NO. 03-044, "A Resolution Accepting Boyer Lake Minnewashta Addition - Final Plat." Authorization of 2002 Performance Pay - Liquor Operations Manager. Authorization to hire: Accounting Clerk 1 position. Authorization for emergency expenditure of funds for new City Hall furnace. Adopting RESOLUTION NO. 03-045, "A Resolution Approving an Intoxicating Liquor License On-Sale Intoxicating Liquor and Special Sunday Sales - American Legion Post #259." Motion passed 4/0. J. Appeal Notice to Remove - Extension of Deadline to Comply. Appellant: Aaron Smith Location: 5965 Mill Street Nielsen explained that Mr. Smith was sent a "Notice to Remove" letter for zoning violations and has appealed for additional time to correct the violations. Since the appellant has shown a good faith effort to comply, Nielsen indicated that staff has recommended the extension of time. However, Nielsen noted if there is failure to comply with the 30-day extension, the City could take legal action without further notice. Mayor Love asked whether Mr. Smith had any additional comments. He did not. Garfunkel moved, Lizee seconded, to grant the 30-day extension to comply with the Notice to Remove, thereby removals must be completed no later than June 12, 2003, for the appellant Aaron Smith residing at 5965 Mill Street. Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were none. . . . . CITY COUNCIL REGULAR MEETING MINUTES May 12,2003 Page 3 of7 5. PARKS As the Park Commission would be meeting the following evening, Brown indicated that he had nothing new to report at this time. 6. PLANNING Woodruff reported on the May 6,2003, Planning Commission meeting. She stated that the Commission denied the application for 27100 Edgewood Road for variances to construct a second story, potentially a third story, and an attached garage to a nonconforming structure. The Commission approved three CUP's for Accessory Space in excess of 1200 sJ. and two simple subdivisions. Turgeon asked how much and what variances were requested for the Edgewood property. Woodruff indicated that the owner was requesting for substandard sideyard setbacks and potentially a third story addition. She commented that several neighbors spoke on his behalf. Nielsen added that the current home was nonconforming and exists Y2' from one side and 3 Y2' from the other side yard. The addition of a lower level would have raised the structure 7', which might have also constituted a third story. He commented that, currently, it is virtually impossible to maneuver around the home without stepping on neighboring properties. 7. GENERAL A. County Road 19 Project Report: Jim Grube, Hennepin County Transportation Director Jim Grube gave a monthly project report regarding the County Road 19 progress. He indicated that he would comment on three specific fronts: Negotiations, Engineering, and Miscellaneous. With regard to negotiations, Grube stated that ongoing negotiations continue with property owners and the Cities. While the engineering consultant has focused on bringing the plans together, more ROW acquisition is expected in order to allow for left turn lanes. Grube indicated that conversations with the new shopping center owners have been fruitful, and that he believes the County is close to closing the deal with them. He reported that drainage continues to be an issue, as well as a need to relocate the water main in Tonka Bay. Although engineering issues with regard to drainage and the costs of a pond remain, the County is committed to work through the runoff control solutions. He indicated that it would be their intent to solve this issue within the next thirty days, as well as meet with the MCWD. The miscellaneous factors include the sidewalk along the curve near public works and the Truffle Hill Chocolate. Grube stated that Tonka Bay would prefer that the shopping center owners, and those who benefit most from the addition of a sidewalk, incur the greatest cost of its construction. Most of these properties fall within Tonka Bay. Grube believed that this debate was close to being reconciled and that the shopping center owners will support this endeavor. Tonka Bay has been standing by until the County can determine where the shopping center owners stand regarding the sidewalk, curb, and gutter. While the shopping center owners have verbally acknowledged that they would benefit most from the sidewalk, Grube noted that nothing had been received in writing to that extent. Grube stated that the County will begin its negotiations in earnest with the Mayor of Tonka Bay next CITY COUNCIL REGULAR MEETING MINUTES May 12, 2003 Page 4 of? . week. He was confident that as things get closer the County will be able to make something happen with Tonka Bay. Grube added that County Commissioner Linda Koblick had asked him for a progress report as well, after a conversation she had had recently with Mayor Love. He promised to speak with her directly and more frequently to keep her in the loop. He reiterated that things were moving along in a timely fashion and that certain traffic control measures may be taken in the interim. Mayor Love pointed out that Commissioner Koblick had approached him at a recent meeting and asked him what was happening with the intersection. While he stated that his intent was to keep this project out of the political arena, Mayor Love stated that he asked her the same question. He recognized the hard work that Grube had devoted to the intersection and the ongoing negotiations yet to work through. Turgeon asked for the status of the drainage issues. Brown indicated that the preliminary plans have been drawn up and would be reviewed before meeting with Grube to discuss them. Turgeon questioned what would happen if the shopping center owners refuse to bear the cost of the sidewalk. She questioned whether the County had a back-up plan. Grube indicated that 'all his eggs were in one basket', and that he had no contingency plan. . B. Request for Funds for 2003 Lake Minnetonka 4th of July activities, Excelsior Area Chamber of Commerce Linda Murrell, Executive Director of the Excelsior Chamber of Commerce, and Becky Lembrich, Committee Chair, stated that they were working to coordinate one of the finest 4th of July celebrations in the area with the help of numerous sponsors. Sponsors including; Cub Foods, First Minnesota Bank, Beacon Bank, Maynards, Lake Minnetonka Association, Xcel, Wells Fargo, and many others. Mayor Love requested that the Chamber recognize Minnetonka Portable Dredging for their continued donation of the barges every year for the firework display. Murrell stated that, in addition to the Minnesota Orchestra, other forms of music will be offered, such as percussions, bluegrass, rock 'n roll, jazz, blues, and rap. She added that the American Legion will sponsor a 21 Gun Salute as a tribute to men and women in the armed services. The week-long event will kick off on June 29, 2003. Once again, Murrell asked that Shorewood join the ranks of other communities to support this broad based, positive, and fun, community event. While she recognized that budgets are tight, she requested that the City match its $2,000 donation of2002. Although a worthwhile event, Turgeon stated that she was uncomfortable giving $2,000 when the City had recently raised the cost for essential services for its residents. . Lizee disagreed, stating that the entire South Lake community benefits from this event. She supported the contribution wholeheartedly and pointed out that the expenditure had been budgeted for. Lizee moved, to approve the expenditure of $2,000 towards the Excelsior Area Chamber of CITY COUNCIL REGULAR MEETING MINUTES May 12, 2003 Page 5 of7 . Commerce's 4th of July event. Garfunkel seconded. Mayor Love aclmowledged the Chamber for its great job in bringing together residents and City Councils to celebrate the 4th of July as a community. He aclmowledged the numerous volunteers and efforts necessary to bring an event like this to fruition and felt this to be a worthwhile investment in the future. He commented that these community events unite and create strong community spirit. Garfunkel supported the contribution, as money well spent for the overall big picture of the community. While he recognized the concerns expressed by Turgeon, he supported contributing the budgeted amount. Lizee pointed out that since the City has failed to keep its essential service rates up to par, the rate hike is justified despite this contribution. Turgeon maintained that the unlmown future state of the economy concerns her, as do continued state mandates without additional state aid funding. Mayor Love pointed out that unfunded mandates is a different topic altogether, and did not believe the City should fold its tents and deprive its residents of their quality of life in the event these situations occur. Garfunkel argued that the City really does little in this arena to generate community in the grand scheme of things. . Motion passed 3/1, Turgeon dissenting. C. Resolution Urging Amendment of New Conceal-and-Carry Weapons Law Administrator Dawson explained that, effective May 28,2003, Minnesota residents shall be granted permits to carry and conceal handguns. He explained the specific concern that concealed weapons are expressly to be permitted on public property, in parks, at public meetings, etc. It is Shorewood's concern how this new legislation will affect cities and our ability to protect public safety. Dawson indicated that it is also the League of Minnesota Cities desire to amend the law before it takes affect. He had prepared a resultion for Council's consideration. Mayor Love stated that it was not cities' intent to rewrite the law; however, local municipalities must get their point across. He indicated that the parks are filled with kids, and this law will create a huge problem for cities. Garfunkel agreed that cities should have the right to say whether they agree with the legislation or not. Cities have lost their ability to ensure public safety of their employees and citizens. Lizee moved, Turgeon seconded, to adopt RESOLUTION NO. 03-046, "A Resolution stating the City Council's Opposition to Certain Provisions in the 2003 Minnesota Personal Protection Act, and Calling for Amendments to Prohibit Concealed Weapons on City Property." Motion passed 4/0. . . . . CITY COUNCIL REGULAR MEETING MINUTES May 12, 2003 Page 60f7 8. ENGINEERlNG/PUBLIC WORKS A. Resolution RE: NPDES Phase n Brown stated that the Phase II program expands the Phase I requiring additional operators of municipal separate storm sewer systems in urbanized areas. As the City has little choice in the state mandate, Brown stated that staff was recommending approval of the resolution that adopts the NPDES Phase II Plan and authorizes submittal to the Environmental Protection Agency for its review and approval. As the issue of personal responsibility liability has not yet been determined, Brown stated that, at some point, if necessary, he would need to ask the City to defend him in any litigation that takes place. Garfunkel moved, Turgeon seconded, to adopt RESOLUTION NO. 03-047, "A Resolution Adopting the National Pollutant Discharge Elimination System Phase n." Motion passed 4/0. 9. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson noted that item 1 had been discussed earlier. 2. Public Safety Facilities Administrator Dawson reported that the bid opening date is scheduled tentatively for June 10,2003. He stated that progress has been slow on the east station and that he's been informed that the electricians union may go on strike May 15,2003. 3. Smithtown Road Brown reported that the bid opening date had been pushed out to June 11,2003, due to a publishing error in the papers. B. Mayor & City Council Mayor Love commented that the Excelsior Fire District Orientation meeting would be held on Wednesday evening and recommended that Council members try to attend. Mayor Love reported that he had recently attended two meetings, one regarding the occurrence of change orders for the Public Safety Facility, and he noted a follow-up letter submitted by Administrator Dawson citing concerns. The second meeting Councilmember Turgeon and he had attended was one with Excelsior Mayor Johnson and Council member Caron regarding the SLMPD joint powers agreement. He indicated that they shared a frank exchange of opinions in a search for solutions. He stated that Turgeon presented a number of options, though none seemed acceptable to the Excelsior representatives, and maintained that ongoing discussions are underway. Turgeon stated that she and the Mayor presented many ideas, and planned to attend a second meeting on May 20,2003. In the meantime, Turgeon stated that she left several options with the Excelsior Council members to look at and make additional suggestions. One point that was agreed upon, was that mediation language should be added to the document. .. . . . CITY COUNCIL REGULAR MEETING MINUTES May 12, 2003 Page 7 on Mayor Love noted that he and Council member Turgeon had also attended the Shorewood Appreciation Day at the Southshore Center that afternoon, during which he made a short presentation regarding the changes occurring in the area. He mentioned that most of the questions he fielded surrounded the redevelopment of the County Road 19 intersection. Turgeon mentioned that she had attended the Chamber of Commerce breakfast Monday morning, which hosted U.S. Representative Ramstad, who shared many of his views on significant topics. She noted that Tom Berge, Minnetonka Schools District Business Administrator, received the 2003 Minnesota School Business Official of the Year Award and was acknowledged by U.S. Representative Ramstad at breakfast for his efforts. Mayor Love stated that he continues to be impressed by Berge's grasp of the issues, ability to articulate the problems, and suggest solutions. He felt the award to be well deserved. 10. ADJOURN Garfunkel moved, Lizee seconded, Adjourning the Regular City Council Meeting of May 12, 2003, at 8:02 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary