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082503 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 25, 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, Turgeon, and Zerby (arrived 7:02 P.M.); Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Lizee moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, August 11, 2003 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of August 11, 2003, as presented. Motion passed 4/0. Councilmember Zerby arrived at 7:02 P.M. B. City Council Work Session Minutes, August 11, 2003 Turgeon moved, Lizee seconded, Approving the City Council Work Session Meeting Minutes of August 11, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of Final Plat for Smithtown Estates - this item was removed from the agenda. C. Adopting RESOLUTION NO. 03-069, "A Resolution Granting Approval of a 3.2 Malt Liquor License for Shore wood 2001 L.L.c., DBA Cub Foods, 23800 State Highway 7." . . . REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 2 of 12 D. Adopting RESOLUTION NO. 03-070, "A Resolution Granting Approval of a Tobacco License for Shorewood 2001 L.L.C., DBA Cub Foods, 23800 State Highway 7." E. Authorize Expenditure of Funds for Lawn Mower and Cab F. Authorize Expenditure of Funds for Curb Repair in Boulder Bridge G. Adopting RESOLUTION NO. 03-071, "A Resolution Giving Authorization to Purchase a Beverage Cooler for Liquor Store II, Shorewood Village Shopping Center." H. Authorize Emergency Purchase of Furnace and Air Conditioner for City Hall Motion passed 5/0. 4. MA TTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENT A TIONS A. Lake Minnetonka Communications Commission recognition of Shorewood City Council Administrator Dawson explained the Lake Minnetonka Communications Commission (LMCC) and the Community Television Studio presented a recognition award to the Shorewood City Council for its efforts in the production of programming and volunteer service to Community Television. Mayor Love stated this award truly belonged to the volunteers of the community. He stated the Council wished to present this award to Don Rogers for his exemplary dedication to service displayed in the community in so many ways, but especially for cablecasting the Council meetings. Mr. Rogers thanked the Council for this award. B. County Road 19 Update by Jim Grube Due to the absence of Mr. Grube at this time, this item was placed on the Agenda as part of Item lOA. 6. PUBLIC HEARING There were no Public Hearings this evening. 7. PARKS Engineer Brown reported the Park Commission had not met since the last Regular City Council meeting; thus, there was nothing to report on at this time. REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 3 of 12 . 8. PLANNING Commissioner White reported on actions taken and matters considered at the August 19,2003, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Setback Variance Applicant: Location: Fred and Ellen Johnson 5695 Christmas Lake Point Director Nielsen explained the applicants had proposed a significant remodeling project for their property at 5695 Christmas Lake Point that included the addition of another story of living space over portions of the existing structure. He went onto explain the house was nonconforming with respect to the standards of the R-1C/S zoning district where it was currently located. The lot was very shallow and tapered from 160 feet on the north end of the lot to 64 feet on the south end of the lot, resulting in an extremely limited buildable area. The lot also dropped 30 feet from the northwest corner to the shoreline of Christmas Lake. . The existing house contained approximately 1840 square feet on the main floor, with another 1536 square feet in the basement level. The applicants were attempting to achieve additional living space within the confines of the existing footprint of the house. To do so, they proposed a significantly steeper pitched roof capturing most of the expansion area of the second story with the new roof structure. They also hoped to correct drainage problems associated with the nearly flat pitch of the existing roof. In order to improve vehicular access to the site, the applicants also proposed reorienting the garage doors to the south end of the building. At present, there was barely enough room to park a car in the driveway without having some portion of the car extending into the roadway of Christmas Lake Point. Hardcover reductions had already begun to take place, Director Nielsen noted, with the impervious surface totaling 22.3 percent once the project was completed. He noted the applicants would be reducing the impervious surface on the site by removing two accessory structures and approximately 420 square feet of concrete patio area near the lake. Setbacks from the lake were also improved through the removal of these items. Reorientation of the garage doors was viewed as improvements to the safety and operation of Christmas Lake Point. The driveway would be relocated further south on the street allowing the garage to be accessed from its south end. Director Nielsen recommended the landscaping on this end include at least one evergreen tree that would break up the increased mass of the south end of the building. He also recommend the driveway configuration be modified to include a small pullout on the street side of the driveway to facilitate backing out of the new garage, and the driveway in front of the garage should be at least 20 feet in depth in front of the garage to allow for parking in front of the garage door. Additionally, should the variance be recommended for approval, he stated it was extremely critical the large trees between the house and the lake be well protected and maintained. Also, he suggested the City obtain a conservation easement over the north 25 feet of the site to ensure the future owners of the property do not propose to extend the building into the steep slope. Director Nielsen then stated the City Attorney had recommended a stipulation regarding the future potential for building into the steep slope be restricted as part of the resolution associated with this matter, as it would need to be recorded in Hennepin County. . Ellen Johnson was present this evening, and agreed to answer any questions Council may have had of her. REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 4 of 12 . Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 03-072, "A Resolution Granting a Setback Variance to Fred and Ellen Johnson, 5695 Christmas Lake Point." Motion passed 5/0. B. Conditional Use Permit - Special Home Occupation Applicant: Eileen Hickey Location: 5320 Shady Hills Circle Director Nielsen explained the history of the case, noting the applicant requested a conditional use permit to teach group music lessons in her home at 5320 Shady Hills Circle. Her property was zoned R-1C, Single-Family Residential. As stated in her request letter she currently taught music lessons for one student at a time. Her group lessons would include 3-8 students, taught between the hours of 9:00 A.M. and 1:30 P.M. The lessons would be conducted in the basement of her home. He noted the primary consideration in this type of request was parking. The Code required all parking associated with the home occupation must be accommodated within an existing driveway, with no cars parked within 25 feet of the street. The applicant's property had a circular driveway that appeared capable of holding six cars. He also stated he believed the limited hours proposed by the applicant should pose no problem for the neighborhood with respect to clientele coming to or going from the site. He stated it was imperative the applicant limit her clients' parking to the driveway. Subject to this condition, it was recommended the request be approved. Garfunkel moved, Lizee moved, Adopting RESOLUTION NO. 03-073, "A Resolution Approving a Conditional Use Permit for a Special Home Occupation for Eileen Hickey, 5320 Shady Hills Circle." Motion passed 5/0. . C. R-C District Zoning Text Amendment and Conditional Use Permit Amendment Applicant: M.J. McGregor Location: 21195 Minnetonka Boulevard Director Nielsen explained the applicant was one of the owners of the former Kuempel Chime Clock Studio building located at 21195 Minnetonka Boulevard. A prospective tenant currently doing custom woodworking out of his home wished to locate his business in her building. As explained in Ms. McGregor's letter, dated June 30, 2003, Mr. Rick Johnson made one-of-a-kind furniture and woodwork, and would like to occupy the northerly wing of the building. Since this was not a permitted or conditional use in the R-C, Residential/Commercial zoning district, the applicant had requested a Zoning Code text amendment to include it into the City's Zoning Code, as well as an amendment to a Conditional Use Permit for the property. The property contained approximately 28,455 square feet of area, with the building containing 11,112 square feet, and was currently occupied by a manufacturer's video recording studio and office. The south wing of the building was used for storage. Upon meeting with Mr. Johnson and Ms. McGregor, it was found that the nature of Mr. Johnson's business was not unlike a home occupation that might ordinarily be allowed in a residential district. Director Nielsen stated Mr. Johnson and Ms. McGregor had studied the special provisions in the R-C district and indicated they would have no problem complying with the requirements. . If the City were to consider a change in the Code, Director Nielsen recommended the proposed activity be narrowly defined and regulated based upon Mr. Johnson's proposed use of the property. In addition to the special provisions already listed in the Code, an amendment to Section 1201.19 of the City Code REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 5 of 12 . should also be considered. Director Nielsen then reviewed the special provisions that should become part of the Code upon Council approval. MJ. McGregor was present and stated she would be happy to answer any questions Council may have regarding this smatter. Councilmember Zerby stated the applicant's request seemed to provide a good choice for the current situation and previous concerns regarding noise and light had been addressed through the use of a fence and landscaping on site to act as a buffer to the residential neighborhood adjacent to the site. Director Nielsen stated no complaints had been received regarding the previous use of the building. Zerby moved, Lizee seconded, Adopting ORDINANCE NO. 397 "An Ordinance Amending Section 1201.19, Subd. 4 of the Shorewood Zoning Code to Include a Custom Woodworking Shop as a Conditional Use in the "R-C" Residential/Commercial Zoning District and Adopting RESOLUTION NO. 03-074, "A Resolution Granting a Conditional Use Permit for a Custom Woodworking Shop in the R-C Zoning District." Motion passed 5/0. D. Minor Subdivision Applicant: Location: Rich Anderson and Ted Hanna 20995 Forest Drive . Director Nielsen stated the applicants had arranged to purchase the property located at 20995 Forest Drive. They proposed removing the existing house on the property and subdividing the lot into two building sites. He noted the property was zoned R-1D/S, Single-Family Residential/Shoreland and contained 22,649 square feet in area. The proposed lots would be 11,928 square feet and 10,721 square feet in area. Director Nielsen went on to state both of the proposed lots complied with the requirements of the R-1D/S zoning district. The building pads also complied with setback requirements. Director Nielsen noted two issues were worth raising relative to the proposed building pads: 1) the lots were to be limited to a maximum of 25 percent hardcover; and 2) driveway grades should not exceed eight percent. The hardcover limitation included driveways, decks, sidewalks and patios. Further, he recommended applicants be advised that the size of homes on these lots would need to be modest. According to the applicants' survey, sanitary sewer services were available to each lot, Director Nielsen explained. Also, he noted, many of the conditions placed on approval of the minor subdivision were still in need of remedy as part of the planning approval process. Mr. Anderson and Mr. Hanna were present, and offered to answer any questions for Council regarding this matter. Councilmember Turgeon encouraged the use of modest houses on the proposed sites, preferably without the need for variance as part of the potential building plans for the site. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 03-075, "A Resolution Approving a Subdivision and Combination of Real Property for Rich Anderson and Ted Hanna, 20995 Forest Drive." Motion passed 5/0. . E. Commercial Site Plan Review Applicant: John Sulcinar and John Deters (Dimensions in Floors) Location: 5660 County Road 19 REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 6 of 12 . Director Nielsen explained the history of the case, noting John Sulcinar and John Deters owned the carpet store at 5660 County Road 19, and had requested site plan approval for a proposed warehouse addition to the rear of their building. The existing building was one story in height (12') and contained approximately 2769 square feet in area. The proposed structure was also one story, although taller in feet (18'), and would contain 2004 square feet of area. The new addition would be used for warehousing of flooring products. According to the applicant, Director Nielsen explained, the new structure would be either concrete or masonry construction with a stucco finish that would extend onto the sides of the existing building. The proposed new addition would extend 16 feet further to the north than the existing building in order to make room for an overhead loading door for the addition. Director Nielsen went on to explain the parking lot would be extended back along the north side of the building, with eighteen spaces proposed. He stated it was worth noting that the entry to the site would change at such time as the County Road 19/Country Club Road intersection was done. Access to this site would then come in through the southeast corner of the Gideon Glen site and would not adversely affect the site plan. Director Nielsen noted these parking spaces must be at least nine feet wide and 20 feet deep and the parking lot and driveway must have perimeter poured concrete curbing and striping. Hardcover calculations had not yet been provided, however the applicants had stated they would be able to stay within the allotted 66% allowed by the commercial zoning district. . Director Nielsen went on to explain the applicant had stated the dumpster area would be enclosed with a masonry enclosure and some sort of gate system across the front. With regard to lighting, it was assumed what existed currently would remain; however, Director Nielsen noted the continued use of low wattage lighting should be utilized in the front of the building. Director Nielsen stated some trees would be lost to accommodate the addition and new parking. However, the larger trees on the north side of the property would remain intact, providing a buffer between the parking lot and the Gideon Glen site. He also suggested that some additional evergreen trees be spread across the rear of the lot in lieu of, or in addition to, the deciduous trees that had been proposed, as this was consistent with the recommendations of the Co. Rd. 19 corridor study being prepared by the Planning Commission. With regard to ponding on the site, Director Nielsen stated additional discussions were needed and would be explored as part of the Gideon Glen project. He did not anticipate any change to current signage as a result of this request. Mayor Love stated he liked the regional ponding approach to providing a solution to the ponding issues in this case. Councilmember Turgeon expressed concern the amount of unanswered questions pertaining to this matter. . Councilmember Zerby stated he was concerned with the driveway as the plan presumed additional hardcover would be needed on the site as part of the relocation to the current drive. REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 7 of 12 . Garfunkel moved, Turgeon seconded, Adopting RESOLUTION NO. 03-076, "A Resolution Approving a Preliminary Site Plan, subject to further review by the Planning Commission and Council, for Dimensions in Floors, 5660 County Road 19." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Request from Waste Management regarding refuse pick-up on Christmas Lake Point Road Engineer Brown explained Waste Management had requested a deviation from the City's Ordinance setting Wednesday as a pickup day for refuse on Christmas Lake Point. Christmas Lake Point was a narrow road that was substandard in width. Previously, Waste Management drivers were able to utilize a private drive at the south end of the roadway to turn a large truck around as part of the collection route. Changes had since been made to the private propelty, and as a result, the refuse hauler could no longer turn the truck around on Christmas Lake Point. Therefore, it was being forced to use a smaller truck to collect refuse. The refuse hauler was requesting to change the pickup day to Friday due to the availability of the smaller trucks. Engineer Brown further explained Staff had reviewed the request and found little basis for granting approval of the request, as it would set up a precedent the City had worked diligently to avoid. Councilmember Zerby agreed, noting there were alternative refuse haulers that traversed the same roadway, and he believed the request was primarily due to economics of the refuse hauler. . Councilmember Turgeon expressed concern for the ordinance as she was still noticing two trucks in her neighborhood for refuse collection and compost on different days. Engineer Brown stated the ordinance did not distinguish between refuse collection and compost. Mayor Love stated the intent of the ordinance was to have all collections, both refuse and compost, occur on the same day throughout the City. He agreed with Staff in that it would be prudent to deny the request, as there had been a great deal of thought and input into the refuse collection process that led to the current ordinance. Councilmember Garfunkel and Lizee agreed, stating other options needed exploration and they both believed smaller trucks could be made available. Zerby moved, Turgeon seconded, Denying the Request from Waste Management Regarding Refuse Collection on an Alternate Day on Christmas Lake Point. Motion passed 5/0. B. Approval of the Excelsior Fire District and Mound Fire Department Budgets Administrator Dawson stated the Excelsior Fire District (EFD) Chief was present this evening to present the EFD Budget and Mound Fire Department Budget requests for the Year 2004. He noted three of the five member cities had approved the budget prior to this evening. . EFD Chief Mark DuCharme presented the highlights of the budgets for the next year, noting the most noteworthy occurrence would be the occupation of the new Public Safety Facility, as well as providing fire service to the Navarre area of Orono beginning in January, 2004. He stated the proposed budget reflected a 2.9% increase from the Year 2003. Shorewood's contribution would be $464,129 in 2004, . . . REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 8 of 12 with the Public Safety Facility portion being $241,687 and was not subject to levy limits. With regard to the Mound Fire Department Budget, he noted Shorewood's portion of the budget was $17,500. Councilmember Turgeon requested clarification on items in the budget pertaining to fire prevention, fire supplies, and Relief Association contributions. She stated she was concerned the budget presented was a bit lean for the next year and the introduction of two new Fire Stations. Chief DuCharme provided clarification, and explained the budget was indeed lean as presented. Turgeon moved, Zerby seconded, Approving the 2004 Excelsior Fire District Budget and Mound Fire Department Budget as presented. Motion passed 5/0. C. Approval of the South Lake Minnetonka Police Department Budget Administrator Dawson explained South Lake Minnetonka Police Department (SLMPD) Chief Bryan Litsey had presented the 2004 SLMPD Operating Budget to the Council at a Work Session held on August 11, 2003. He reviewed highlights from the budget, noting Shorewood's contribution would be $662,592 for 2004, which included a 6.3% increase from 2003. In addition, the City would pay $258,077 for their share of the Public Safety Facility West Side Building, and this amount was not subject to levy limits. He also explained that according to the Joint Powers Agreement, all four member cities must approve the budget increase. He stated Staff had learned the City of Excelsior, at their most recent Council meeting, had approved a 0% increase in the 2004 SLMPD budget. As a result of the stipulations in the JPA, this could force continuation of the cunent-year budget (and city contributions) into 2004. He then noted the presence of SLMPD Chief Litsey in the audience. Chief Litsey stated he appreciated the opportunity to present the budget to Council this evening. He reviewed the process of budget review for the 2004 budget, and stated he was concerned for the revenue shortfalls that the department would be encountering into 2004as a result of action taken by the Excelsior City Council for 2003, as well as other shortfalls due to the recent economic climate. He also sited the added responsibility of homeland security and new facility costs as further impacts to the current budget. He stated it was quite difficult to meet the policing needs of each member city, and noted the Joint Powers Agreement frequently worked well when considered in the spirit of partnership. He stated his Staff had carefully scrutinized the proposed budget to try to eliminate any areas that could be forfeited in an effort to cut costs for each member city. He stated he was very concerned with the leanness of the proposed budget, and was not comfortable recommending it this year as it contained less than a 2% increase. He further stated he was uneasy with the presented 2004 budget as reserves were being depleted with no plan to replenish them, and suggested this be taken into account in the future planning for the budget. He stated the SLMPD was not overstaffed, and had gone through an internal validation process of necessary services. He was saddened to have to consider the termination of participation in such valuable programs as the Southwest Drug Task Force in effort to preserve internal operations. Mayor Love stated these efforts were being made in an attempt to hold on to current staffing levels that residents had come to expect from the SLMPD. Chief Litsey affirmed this statement, noting over 80% of the budget went toward personnel and labor costs. In response to Councilmember Turgeon's question, Chief Litsey explained withdrawal from the Drug Task Force would include loss of federal grant monies, as well as loss of cooperation between police agencies, pooling of resources, people, intelligence efforts, and equipment. Also, withdrawal would potentially force the investigative Staff to pursue actions on their own that would lead to overtime cost. REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 9 of 12 . Mayor Love stated, as a member of the SLMPD Coordinating Committee, he had reviewed the budget closely, and the budget spoke for itself; the only thing left to cut was staff. In order to preserve the coverage the South Lake Minnetonka residents had grown accustomed to receiving, the budget requested was quite modest with a 6.3% increase. Mayor Love stated it was quite clear the Chief would do anything to preserve Staff, and with recent actions of other cities, this was clearly at risk. Councilmember Turgeon questioned whether the SLMPD would lose staff as result of a "flat line" budget. Chief Litsey stated he was unsure at this point, as he was hoping to look at other ways to lessen that impact. Mayor Love stated the needs of three member cities were quite similar, and one city had unique policing needs. All Councils had agreed in the Joint Powers Agreement anything that happened had to be borne by all the cities. He also stated all councils, in majority votes, had spoken clearly in support of the proposed 2004 SLMPD budget. Lizee moved, Turgeon seconded, Approving the 2004 SLMPD budget as presented. Motion passed 5/0. Mayor Love stated the spirit of cooperation shown between member cities in the past five years was wonderful in terms of the cities' responsibility to look at the greater good. However, the decision of the Excelsior City Council not to approve the proposed 2004 budget was a decision not to carry its own weight, and he saw the dissenting votes as unconscionable. . Councilmember Garfunkel stated he believed the prime responsibility of a City Council was to promote public safety and this was the second year in a row that this responsibility was secondary to one city in the JP A partnership. He stated he did not understand the actions that considered public safety less than a primary responsibility. Councilmember Lizee agreed, noting she did not believe that the Excelsior City Council was tryIng to serve a greater good in its recent decision to approve a 0% increase in the proposed budget. Councilmember Zerby stated he was quite concerned for unequal representation, as he could not understand why the City had to pay 46% of the budget with only a maximum of 25% of the decision making authority. He stated this concept was ridiculous and thought the JPA was flawed when three cities could approve the budget, and the actions of one city could deter that approval. He also commended the Police and Fire Departments for continuing to provide above average service with below average financing. Mayor Love stated meetings had taken place to remedy the flawed budget approval concept in the JPA, and the City of Excelsior representatives had absolutely refused to come to any agreement on the issue. Further, he noted budget cuts would come at the expense of the residents and businesses. Councilmember Turgeon stated recent actions by the Excelsior City Council were inesponsible, and she suggested the Council make an effort to work toward prioritization of needs for local residents. She stated she thought South Lake Minnetonka residents needed to be aware that various amenity programming was being placed above public safety in that municipality. . Mayor Love stated he would, with the support of this Council, work toward lessening impacts on Shorewood residents. He also stated joint ventures and special units of government were better placed . . . REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 10 of 12 on hold until a spirit of cooperation returned to the Excelsior Council. He suggested local residents contact the dissenting members of the vote regarding the SLMPD budget for 2004. He also noted the demoralizing impact a flat line budget would have on the officers of the SLMPD. Chief Litsey agreed, noting the SLMPD officers had a personal attachment to the area that had been garnered through careful consideration of matching the officers with the organization. It seemed a shame to lose anyone that the department had worked so hard to provide a good fit within the organization. Councilmember Turgeon questioned whether the Council would be interested in examining the possibility of funding the budgeted contribution to the Southwest Drug Task Force so that the program could remain. Councilmember Garfunkel stated he was concemed this would limit the power of the SLMPD Staff to allocate the monies necessary to retain personnel. Mayor Love thanked Chief Litsey for his presentation, and noted Council would be looking forward to working with him to find solutions to preserving the safety of residents of the South Lake Minnetonka area. D. Request from Stan Taube for City Participation in Cost of Drainage Work Related to Lake Linden Trail Director Nielsen explained representatives of the Shorewood Village Shopping Center had received bids for the construction of the trail on Lake Linden Drive. Costs associated with the drainage had nearly doubled the original estimate of the cost of the project. Consequently the owner of the Center, Stan Taube, had requested some City participation in the drainage related items of the project. He noted the development agreement did not stipulate a dollar amount regarding the trail project, it only indicated it needed to be constructed prior to opening the Center. Stan Taube, owner of the Shorewood Village Shopping Center, stated he believed the project was moving forward nicely, and he was proud of efforts completed thus far on the project. He thanked Staff for its cooperation in moving the project forward. He then reviewed the history of the decision to allow the trail to be part of the redevelopment project for the Center, and stated he did not believe it was fair that he was being asked to shoulder a $50,000 trail and drainage project. John Uban, planner for Mr. Taube and the redevelopment project, stated he believed the trail was designed to help alleviate drainage concerns in that area of the City, and he thought the trail would work to enhance the neighborhood; however, this request had gone beyond a simple trail. He stated the project would be happy to include a paved trail surface, but encouraged consideration of cost sharing. Discussion ensued regarding the drainage aspects and impacts as a result of placing a trail on Lake Linden Drive. Engineer Brown noted the current situation without the trail yielded drainage issues in yards and ditches, but it did function, and without the trail, improvements would not be needed. Further, he noted the cost of the estimates were a bit high. Engineer Brown noted the City would be willing to share a five-foot paver for the trail project. Councilmember Zerby questioned the need for a manhole improvement. Engineer Brown stated there would be a benefit to area residents as a result of this improvement. . . . REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 11 of12 Mayor Love stated the City did not mean the trail as a punitive measure, but rather the addition of an amenity provided by the developer. He stated he could support a $5,000 contribution and an "in kind" contribution for the use of the City's paver for the project. Councilmernbers Garfunkel, Lizee, and Turgeon agreed. Zerby moved, Turgeon seconded, Approving Expenditure in the Amount of $5,000 and to Provide "In Kind" services for the Shorewood Village Shopping Center. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Approval of the Preliminary Layout for County Road 19 Redesign Engineer Brown provided a brief history of the project and subsequent redesign plans, noting access to the Shopping Center had been a great concern for the design. Jim Grube, Director of Transportation for Hennepin County, provided an outline of changes from the last time he had presented information to Council regarding the County Road 19 project. He noted negotiations continued with the City of Tonka Bay regarding the value of the Tonka Bay Liquor Store site. In addition, he explained options continued to be explored regarding the best way to manage the traffic flow through the intersection. He thanked Council for its patience and stated he was confident a resolution would be forthcoming allowing the project to move forward. Councilmember Turgeon questioned impacts to trees in the project area, as well as responsibility of easement in the construction area near the Southshore Senior Community Center. Councilmember Zerby expressed concern for the proposed regional pond in the Gideon Glen area. He went on to state he was concerned the City had purchased the wetland as a restoration project, and was now being asked to utilize the pond to handle other municipalities' drainage as a re-sult of increased hardcover in the intersection area. Council requested clarification on traffic flow patterns and related impacts to Smithtown Road and Country Club Road. Engineer Brown stated further review would continue on the project with regard to this issue. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-077. "A Resolution Approving the Revised Geometric Layout for the County State Aid Highway 19/ Smith town Road Intersection Realignment Project." Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection There was nothing additional to report on this matter at this time. . . . REGULAR CITY COUNCIL MEETINGAGENDA August 25, 2003 Page 12 of 12 2. Public Safety Facilities Administrator Dawson stated the Council had toured the West Side Facility construction site this evemng. The bids for the East Side Fire Station were slated to be awarded in October of this year. 3. Smithtown Road Engineer Brown reported the project was entering its most intensive phase of construction in the next few days and the roadway would be closed for approximately three days while construction took place near Eureka Road. All efforts were being made to have asphalt placed ease of Minnewashta Elementary School by the beginning of the school year next week. Engineer Brown commended the contractor for his efforts in working with problems associated with the project. He also had heard comments from residents that the contractor was treating people associated with the ramifications of the project with the utmost respect. B. Mayor & City Council Mayor Love stated he had recently attended a meeting with Minnetonka School District representatives as part of the quarterly communication shared with local municipalities. 12. ADJOURN Zerby moved, Turgeon seconded Adjourning the Regular City Council Meeting of August 25, 2003, at 10:08 P.M. Motion passed 5/0. /' RESPECTFULLY SUBMITTED, Sally Keefe, Recordipg Secretary _ //) ./ 1/ / (i6~ Woody Love, Mayor Attest: