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092203 CC Reg Min ,-- . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 22,2003 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 Lizee, Turgeon, and Zerby; Attorney Keane; Engineer Bro-wn; and Finance Director Burton Absent: Councilmember Garfunkel; Administrator Dawson; and Planning Director Nielsen B. Review Agenda Lizee moved, Zerby seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 8, 2003 . Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of September 8, 2003, as presented. Motion passed 4/0. B. City Council Work Session Minutes, September 8, 2003 Turgeon moved, Lizee seconded, Approving the City Council Work Session Meeting Minutes of September 8, 2003, as presented. Motion passed 4/0. 3. CONSENT AGENDA Lizee moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS . None. , , REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 Page 2 of5 . 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Meeting Held September 9, 2003 Engineer Brown reported on the Park Commission Meeting of September 9, 2003 (as detailed in the minutes of that meeting). Councilmember Zerby requested clarification about capital improvement expenditures slated for next year as these expenditures related to the Operating Budget for the Year 2004. Engineer Brown provided clarification on these items. Councilmember Zerby expressed concern for the process utilized in placing items on the CIP as well as the need for documented discussions on these items. 8. PLANNING None. 9. GENERAL/NEW BUSINESS A. Refuse and Yard Waste Pick-up . Engineer Brown presented a draft ordinance that served to revise the current ordinance that governed refuse and yard waste pick-up taking place one day per week. Noted exceptions to the current ordinance in need of revision included language allowing refuse pickup schedule changes during weeks containing a holiday. Councilmember Turgeon questioned whether the City should consider limiting the days of special pickup loads of refuse as well. Mayor Love requested Staff monitor complaints from residents during the next six months regarding the revised ordinance to see if further revision would be necessary. Turgeon moved, Zerby seconded, Adopting ORDINANCE NO. 399, "An Ordinance Amending Section 507 of the Shorewood City Code Relating to Refuse Collection." Councilmember Lizee clarified the word "lower" in the proposed draft ordinance should read "mower." The maker and seconder of the motion agreed to the amendment. Motion passed 4/0. B. Approval of Lake Minnetonka Communications Commission Budget, and Report by Sally Koenecke, LMCC Administrator . Sally Koenecke, Administrator for the Lake Minnetonka Communications Commission (LMCC), presented the annual budget, noting a majority of the 16 member cities must approve the annual budget per the joint powers agreement governing the LMCC. Ms. Koenecke noted the LMCC was not funded by tax dollars as its operating budget was derived from cable franchise fees and PEG (public, educational, governmental) access fees to cable subscribers. She then summarized the three funds and fund balances associated with each fund for the Council. . . . . . REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 Page 3 of 5 Councilmember Turgeon expressed concern for the audio problems heard when listening to other City's Council meetings broadcast on the LMCC. Ms. Koenecke noted discussions continued for the LMCC Board regarding the responsibility to be placed on each member City to have appropriate technical equipment necessary for providing audible broadcast of respective Council meetings. Councilmember Zerby stated he believed strongly that it was the responsibility of the LMCC to provide all necessary technical advice to each member City and to strongly encourage each City to heed that advice and purchase appropriate equipment. Mayor Love strongly agreed, noting the issue was about communicating with residents, and he likened the broadcasts of Council meetings to City newsletters and other means of bringing information to residents. He also asked Ms. Koenecke if the LMCC would be interested in providing cable broadcasts for the South Lake Minnetonka Police Department (SLMPD) and Excelsior Fire District (EFD) Governing Board meetings. Ms. Koenecke responded affirmatively. Zerby moved, Lizee seconded, Approving the 2004 LMCC Budget as presented. Motion passed 4/0. 10. ENGINEERING/PUBLIC WORKS A. Approve Change Order for Smithtown Road Project Engineer Brown explained a great deal of consideration had taken place regarding the access closure planned for the south end of Freeman Park, slated to take place this year. He noted, while the original plan was to install curb, gutter and pavement, in conjunction with performing the access closure to Highway 7, Council had requested Staff redesign the parking lot to provide a more reasonable expenditure for this closure that would match the funds being contributed by the Minnesota Department of Transportation in the amount of $70,000. He also explained MnDOT had stated the City needed to utilize these contributions this year or risk losing them. Staff had requested an estimate for this work from Midwest Asphalt, the contractor providing services for the Smithtown Road project. Midwest Asphalt representatives had provided an estimate in the amount of $61,547.25, noting the work could be completed as a change order for the Smithtown Road project. Staff was recommending approval of the resolution executing this change order with a contingency that the work conducted should not exceed $66,000 in total cost. Engineer Brown also provided a detailed list of improvements slated as part of the access closure project. Councilmember Zerby requested the history of this project, and also expressed concern that the proposed design would not accommodate peak parking usage needs. Engineer Brown provided history of the project, noting projects were often designed to handle "average" rather than "peak" situations. He also explained the proposed designs met with the recommendations of the Park Commission to maintain as much green space as possible in the project, and reduce the amount of vertical visual elements at that end of the park in order to maintain aesthetics in that area. Discussion ensued regarding the alternatives presented as part of the design process, as well as the impact of the consultant's study regarding parking needs at Freeman Park. Councilmember Zerby stated he was concerned the City had contracted with a consultant to provide advice regarding the parking situation in this area, and that advice was not being heeded in this case. Engineer Brown recommended the City proceed with the project, as there was no reason that the parking lot could not be extended in the future if need be. He also noted the City would ask Community Rec REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 22, 2003 Page 4 of 5 . Resources, the City's Park Coordinator firm, to provide photographs of the parking areas as part of monitoring of the park during tournaments. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-086, "A Resolution Approving Change Order No.2 for Smithtown Road Reconstruction Project, City Project No. 01-07, S.A.P. 216-101-03," subject to consideration of future parking improvements and additional signage designating appropriate parking areas." Councilmember Zerby stated he remained opposed; however, he appreciated the efforts to include additional signage for appropriate parking areas. He was concerned the City was approving a potentially dangerous area for the turning of vehicles in the proposed lot, as well as being unfair to residents wishing to park on the grassy areas in other areas of the park. Motion passed 3/1, with Zerby dissenting. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection . Engineer Brown reported Staff had met with representatives of Tonka Bay, and Hennepin County regarding a potential time schedule for implementation of construction plans for the County Road 19 project. More information would be shared at a later date as it became available. 2. Public Safety Facilities Engineer Brown explained construction was proceeding on the project, with the exterior neanng completion. Pavement of parking areas was expected in the next two weeks. 3. Smithtown Road Engineer Brown stated this project was proceeding nicely. He commended the contractor for being three weeks ahead of schedule. Additionally, he expressed concern for excessive speeds in these construction areas, and noted the placement of "flashers" at the crossing for Minnewashta Elementary School. B. Mayor & City Council Mayor Love reported on the EFD Governing Board Meeting of September 16,2003 (as detailed in the minutes of that meeting). . REGULAR CITY COUNCIL MEETING MINUTES , SEPTEMBER 22, 2003 Page 5 of5 . . . 12. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of September 22, 2003, at 8:32 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor