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071403 CC Reg Min ~ . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY , JULY 14,2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:03 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 Mayor Love reviewed the Agenda. Engineer Brown requested Item lOA be deleted from the Agenda for this evening. Administrator Dawson requested Item 9A be moved to Item 5A this evening, and that Item SA be changed to 5B. . Garfunkel moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, June 23, 2003 Turgeon moved, Garfunkel seconded, Approving the City Council Executive Session Meeting Minutes of June 23, 2003, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, June 23, 2003 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of June 23, 2003, as presented. Motion passed 4/0. C. City Council Work Session Minutes, June 23, 2003 Turgeon moved, Garfunkel seconded, Approving the Work Session Meeting Minutes of June 23, 2003, as amended, on Page 2, Paragraph 2, Sentence 2, change "Srecent" to "recent." Motion passed 4/0. 3. CONSENT AGENDA , Garfunkel moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: .' . . . CITY COUNCIL REGULAR MEETING MINUTES July 14,2003 Page 2 of 5 A. Approval of the Verified Claims List B. Authorization for Disposition of Equipment C. Approval of the 2004 Budget of the Lake Minnetonka Conservation District D. Reschedule Public Hearing for Partial Street Right-of-Way Vacation - Enchanted Point E. Authorization to Enter into Contract with Safe Assure Consultants Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENT A TIONS A. Sale of Bonds - Presentation by Bond Consultant Paul Donna, Northland Securities Bond Consultant Paul Donna, of Northland Securities, provided a report to Council regarding the 2003 Sale of Bonds for the General Obligation Refunding Bonds at a more favorable rate saving the City approximately $35,000 in interest costs. Mr. Donna also congratulated the City on the upgrade found in the Moody's Investor Services Report showing that the City's bond rating had been upgraded from Al to Aa3. This upgrade also helped to provide the City additional savings in the refunding of bonds. Mr. Donna stated the refunding was considered to be very successful overall. Mayor Love thanked the City Staff and Mr. Donna for the exemplary job completed and report shared in this matter. Garfunkel moved, Lizee seconded, Adopting RESOLUTION NO. 03-058, "A Resolution Awarding the Sale of $815,000 General Obligation Refunding Bonds of 2003." Motion passed 4/0. B. County Road 19 Update Jim Grube, Hennepin County Director of Transportation, provided an update to Council regarding the progress being made on the County Road 19 intersection project. Mr. Grube congratulated the City on its recent successful bond sale, and stated he was present to provide information regarding the progress being made in working with the City of Tonka Bay to obtain control of the liquor store property located at the intersection along County Road 19. Mr. Grube stated the Hennepin County Capital Budgeting Task Force had included the County Road 19 project on its list of priority projects for the 2004-2008 Capital Improvement Plan programming including additional monies being set aside for the project, assuming the CIP would be approved. He also went on to explain the City of Tonka Bay continued to place a greater value on the business aspect of the liquor store than the County had offered. He noted the County was seeking a fourth quarter acquisition of the property so demolition could occur with suspension of utility services taking place prior to the problems that would be incurred in abandonment of property during the winter. He stated the CITY COUNCIL REGULAR MEETING MINUTES July 14, 2003 Page 3 of 5 . City of Tonka Bay wished to reconsider the County's most recent offer and had also requested acquisition of the property take place after the first of the Year 2004. Mr. Grube stated he remained confident remedies could be discussed and negotiations finalized regarding this matter. He went on to state the redesign of the project was now approaching a point where Staff could view it and begin to plan for its inception. Furthermore, he noted, Commissioner Koblick remained interested in bringing a successful closure to this issue so that the two cities could continue to be able to work together to enhance the safety of the community. Mayor Love stated the City of Shorewood had no conflicts with the City of Tonka Bay in this matter, but remained concerned for the safety of all South Lake Minnetonka residents as the intersection continued to pose a grave and serious safety issue that would only worsen in January of 2004 upon the opening of the South Lake Minnetonka Public Safety Facility-West Side. Mayor Love offered the help of the City in bringing quick successful negotiations. Councilmember Turgeon requested Mr. Grube examine other potential safety measures for the intersection that could reasonably be implemented prior to the completion of the intersection project. Mr. Grube stated he recognized the concern for safety in this matter, and would examine all the available options and report back at a future meeting. Mr. Grube assured Council he continued to move forward in negotiations with the City of Tonka Bay noting that resolution would be forthcoming, and he too was concerned for bringing all available options for enhancing the safety of the intersection forward in the near future. Attorney Keane questioned whether the property value had been substantiated through the opinion of an . appraiser. At this point in time, the City Hall lost electrical power due to the severe weather in the area. Mayor Love recessed the meeting at 7:38 P.M., and reconvened the meeting at 7:50 P.M. Engineer Brown reported on the status of the loss of power, and noted Xcel Energy reported it would be approximately 1 to 2 hours prior to the power being returned. Council then discussed the merits and legality of continuing with the meeting given the current circumstances. Administrator Dawson suggested the discussion with Mr. Grube be allowed to finish. Council agreed. Mr. Grube stated the County had received information from the City of Tonka Bay via Staff with that recommendation coming from its financial advisor, and noted the elements of sale of liquor to be an important aspect to the City of Tonka Bay. He also stated he would provide a plan of other options developed with the help of Staffs of Shorewood and Tonka Bay as well as working with Staff to continue redesign of the project. He stated his best intention was to work to complete negotiations with the City of Tonka Bay in the very near future. Mayor Love stated it was with great restraint and patience that the City had taken an observer role in the negotiations related to the project, and he stated he would like to know how best to move negotiations forward. Mr. Grube stated he would continue with his plans and hoped to return with a successful closure of the property negotiations. . Mayor Love recessed the meeting at 7:57 P.M. and reconvened the meeting at 8: 13 P.M. . . . CITY COUNCIL REGULAR MEETING MINUTES July 14, 2003 Page 4 of 5 Since the electricity had not yet returned, Mayor Love requested all items remaining on the Agenda be forwarded to the July 28, 2003, Regular City Council Meeting for consideration and discussion. Council had no objection to this request. Items 6-11 were placed on the July 28, 2003, Regular City Council Meeting Agenda. 6. PUBLIC HEARING A. Consider Revisions to Chapter 903 of the City Code Regulating Water Use and Service 7. PARKS A. Report on Park Commission Meeting Held July 8,2003 8. PLANNING A. Setback Variance and Variance to Expand a Nonconforming Structure Applicant: John O'Donnell Location: 27100 Edgewood Road B. Shorewood Yacht Amendment Applicant: Location: Club Zoning Text Amendment and Conditional Use Permit John and Judy Cross 600 West Lake Street C. Zoning Ordinance Amendment - Fence Height 9. GENERALINEW BUSINESS A. Sale of Bonds - Presentation by Bond Consultant Paul Donna, Northland Securities (This item was moved to Item SA) 10. ENGINEERINGIPUBLIC WORKS A. Authorization for Expenditure of Funds for used Paver This item was deleted from the Agenda for the evening. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection 2. Public Safety Facilities 3. Smith town Road B. Mayor & City Council .. . . . CITY COUNCIL REGULAR MEETING MINUTES July 14, 2003 Page 5 of 5 12. ADJOURN Lizee moved, Turgeon seconded, Adjourning the Regular City Council Meeting of July 14, 2003, at 8:14 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor