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101303 CC Reg Min , . . . , CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 13, 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; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; Planning Director Nielsen, and Planning Commission Liaison Woodruff Absent: None B. Review Agenda Lizee moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 22, 2003 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of September 22, 2003, as amended, on Page 3, Item 10, Paragraph 3, add Sentence 2, to read "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." Motion passed 5/0. 3. CONSENT AGENDA Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of the Contract for Fall Clean-up Services C. Setting the Date for the Annual Appreciation Event D. Authorize Expenditure of Funds for a Cab and Chassis E. Adopting RESOLUTION NO. 03-087, "A Resolution Granting Approval of a Registered Land Survey for Previously Approved Minor Subdivision. for Stan Taube, 27280 Edgewood Road." CITY COUNCIL REGULAR MEETING MINUTES October 13, 2003 Page2of8 . F. Adopting RESOLUTION NO. 03-088, "A Resolution Granting Approval of a Temporary Gambling License for Clarence Clofer American Legion Auxiliary Unit #259,24450 Smithtown Road." G. Adopting RESOLUTION NO. 03-089, A Resolution Granting Approval of a Temporary Gambling License for the Southshore Senior Center, 5735 Country Club Road." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS . As there had not been a meeting of the Park Commission since the most recent meeting of the City Council, there was nothing new to report. Engineer Brown invited all Councilmembers to attend the Park Commission Seminar slated for October 14,2003, at the Southshore Senior Community Center from 7:00 P.M. to 9:00 P.M. 8. PLANNING A. Aldenwood PUD - Development Stage Approval Director Nielsen explained that last month Council had approved a concept plan for a four-lot subdivision called Aldenwood Planned Unit Development (P.U.D.) to be located at 20585 and 20675 Minnetonka Boulevard for Mr. Mark Kawell. Due to some outstanding issues of concern raised by Staff, review of the Development Stage had been continued to the October 7, 2003, Planning Commission meeting. The Planning Commission had reviewed the proposed plans at that meeting and recommended approval of the revised plans, subject to Staff recommendations, which included allowing the developer to make use of an existing sanitary sewer service for Lot 1. Director Nielsen also explained requested changes had been made to satisfy Staff s earlier recommendations regarding setbacks, reforestation plans, and sanitary sewer access. . Engineer Brown reviewed remaining concerns regarding roadway, right-of-way, and easements; sanitary sewer and municipal water service; and grading, drainage, and erosion control issues. Engineer Brown also explained it was imperative the sanitary sewer accessing the home be served off the front of the proposed houses; however, he stated he would allow use of the existing sanitary sewer line for Lot 1, as long as the main was extended 10 feet past the property line of Lot 2. CITY COUNCIL REGULAR MEETING MINUTES October 13, 2003 Page 3 of 8 . Engineer Brown reviewed his recommendations for remedy of issues of concern as the following: 1. Sanitary sewer shall be extended up the east and west portions of the loop to adequately serve the proposed lots off the front of each lot. Plan and profile sheets shall be submitted for review and approval ofthe City Engineer. 2. The applicant's Engineer shall submit plan and profile sheets demonstrating the centerline grade for the roadway to the City Engineer for review and approval. 3. Plans shall be revised to increase the entrance and exit radii to Minnetonka Boulevard that will support a WB-50 design vehicle. 4. The grading and drainage plan shall be submitted, along with soil borings, indicating the lowest permitted floor elevation. This was based upon a 2-foot separation between the lowest floor and any known high groundwater table. Councilmember Turgeon requested clarification as to the wetland designation for the potential wetland shown as part of the property. Director Nielsen stated he would check on this matter prior to final approval by Council of the plans for this project. Turgeon moved, Garfunkel seconded, Directing Staff to Prepare Findings of Fact for Approval of Development Stage Plans, subject to Staff recommendations, including the existing sanitary sewer line may serve the house on Lot 1, as long as the main was extended 10 feet past the property line of Lot 2 for the project for Mark Kawell, at 20585 and 20675 Minnetonka Boulevard. Motion passed 5/0. . B. John Pastuck Addition - Preliminary Plat Applicant: John Pastuck Location: Strawberry Lane/Maple Avenue Director Nielsen explained the history of this matter, noting the Council had approved a preliminary plat called Tritch Estates in 2001, for this property. He noted the property currently consisted of three parcels of land located between Church Road and Strawberry Lane, immediately north of Maple Avenue. The original plat proposed six, single-family residential lots. He noted that through time plans had changed, with the end result being that the applicant had purchased the southerly portion of the property and proposed platting it into four lots to be called John Pastuck Addition. He stated although the project had been broken up and reduced in scale, many previous issues of concern remained pertinent. He then reviewed previous areas of concern and their resolutions to this point in time. . 1. The City Engineer has recommended 25 feet of right-of-way dedication on Strawberry Lane that should be shown on the final plat. 2. A revised grading plan had been submitted. The City Engineer expressed concern about the size and lack of control structure of the proposed dry pond shown on the plan. 3. The City Engineer had met with the developer and his engineer to resolve issues relative to municipal utilities. Water service was being extended north to serve the new home being constructed on that property. 4. The applicant has submitted a tree inventory and a calculation of the number of replacement trees required for the plat. In this case the eight trees per acre requirement would be imposed. A reforestation plan had been received earlier in the process. Director Nielsen recommended the majority of replacement trees be placed along the southerly border and along the trail boundary. 5. The applicant had submitted soil tests that were commissioned by the previous property owner. These will be used to evaluate building plans for the future lots. CITY COUNCIL REGULAR MEETING MINUTES October 13, 2003 Page 4 of 8 . Engineer Brown had also reviewed the request, and recommended approval of the request, contingent upon the following engineering conditions: . 1. The Final plat should clearly indicate a 25.0-foot right-of-way west of the centerline of Strawberry Lane along lots 3 and 4 of Block 1. 2. The developer shall obtain a letter of petition from the property owner to the north, petitioning the installation of municipal water service, in addition to an executed right-of- entry onto the property for installation of the service. 3. The applicant shall submit to the City of Shorewood a letter of petitioning connection to the Metropolitan Council of Environmental Services sanitary sewer facility. In return the City shall forward said petition to the Metropolitan Council. 4. The plat for Lot 2 shall be revised to indicate a 10-foot utility easement on each side of the sanitary sewer extension. 5. The grading and drainage plan shall be revised to reflect rate control for the 24 hour-100 year-frequency event. A Registered Professional Engineer shall submit drainage calculations demonstrating the rate control as part of the final plat. 6. Soil boring logs shall be submitted with the final plat that indicates the elevation of groundwater. The grading plans shall be revised to indicate the lowest acceptable floor elevation accordingly. 7. The grading, drainage and erosions control plans shall be revised to include proper erosion controls. 8. The developer's engineer shall work with City Staff to deterrhine the final terminus of the watermain along Strawberry Lane. Lizee moved, Zerby seconded, Directing Staff to Prepare Findings of Fact for Approval, subject to Staff Recommendations, for John Pastuck, Strawberry Lane/Maple Avenue. Motion passed 5/0. Mayor Love thanked Commissioner Woodruff for her report on these matters. 9. GENERAL/NEW BUSINESS A. Council Meeting Schedule for December, 2003 Council directed Staff to schedule the Regular City Council Meeting for December 8, 2003. Administrator Dawson noted there would be only one meeting of the City Council in the month of December. B. Change Order - Shorewood Liquor Store Remodel Project Administrator Dawson stated good progress was being made on the Shorewood Liquor Store remodeling project for Store # 2, located in the Shorewood Village Shopping Center. He noted the Liquor Committee had met this evening, and recommended payment of certain change orders. Councilmember Garfunkel stated it was nice to see the progress being made, and the store should be open for business on Monday, October 20, 2003. . Mayor Love thanked the Staff, Management Staff of the Store, and Liquor Committeemembers Garfunkel and Zerby for efforts put forth in bringing the remodeling project to successful fruition. CITY COUNCIL REGULAR MEETING MINUTES October 13, 2003 Page 5 of 8 . Garfunkel moved, Zerby seconded, Approving Change Order #1 in the amount of $4,700, as well as Change Order #1 to Minnetonka Refrigeration in the amount of $701, and Pay Request #1 from Construction Results Corporation in the amount of $62,118, and Awarding Bid for Beverage Cooler Electrical Services to Dan Fowser Electric, Inc. Motion passed 5/0. C. Alternate Funding for South Lake Minnetonka Police Department Services in 2004 Administrator Dawson explained recent actions taken by the City of Excelsior had prompted a review of options available to other member cities as part of the Joint Powers Agreement governing the contributions to the South Lake Minnetonka Police Department (SLMPD) in the Year 2004. Recent actions taken would provide a revenue shortfall of approximately $85,000 for the Year 2004 Operating Budget for police services. He then reviewed the actions of the SLMPD Coordinating Committee resulting in Approach A and Approach B with regard to funding. Approach A would make use of the $60,000 authorized by the Councils of Shorewood, Greenwood, and Tonka Bay. It would continue, to the extent possible, the level of service these cities would have paid for in 2003. Several service reductions would result for Excelsior in this approach. Approach B would make changes based on an $85,000 shortfall, with service to all cities being reduced. Administrator Dawson went on to explain some Councilmembers were concerned that the path articulated in Approach A might not be in keeping with the intent of how joint powers organizations should operate and provide services. Similarly, councilmembers were also concerned that the SLMPD not be compromised in its ability to maintain scope and quality of services that the majority of its members were willing to fund. . Administrator Dawson also noted the City of Greenwood had recommended approval of Approach A, contingent upon approval of the other three member cities in this matter. He also stated the Coordinating Committee wanted the recommendations of the Councils to know how best to proceed in handling the approaches being proposed at this time. Administrator Dawson noted the attendance of SLMPD Chief Litsey in the audience to answer any questions Council may have had of him. Mayor Love said strong statements were made at the most recent Coordinating Committee that indicated support for examining alternatives to the projected shortfalls and reduced levels of services being provided to South Lake Minnetonka residents. He stated he was concerned for setting a precedent of providing different levels of services among cities. He had hoped there was be a shift of two Councilmembers in one city to allow the budget to progress as recommended by Chief Litsey. Councilmember Turgeon thanked the Chief for his efforts in this matter, and she also thanked Mike Hanks, reporter for the Sun-Sailor, for his coverage of this issue. She stated that language Excelsior Mayor Johnson requested be added to the Joint Powers Agreement regarding mediation in a case such as this one was not proactive enough. She stated she believed mediation was just one part of the solution in this matter. Councilmember Zerby stated he supported a proactive approach to issues like this one in the Joint Powers Agreement so that this consequential action did not happen each year. He also stated he was concerned for the life-threatening implications to lack of support for the 2004 operating budget. . Chief Litsey stated the Coordinating Committee was trying to make the best out of a bad situation by considering alternative funding scenarios. He stated he would find it difficult to shoulder the implications of lesser service for all. He stated he had tried to provide the best options he could for appropriate levels of funding. . . . CITY COUNCIL REGULAR MEETING MINUTES October 13, 2003 Page 6 of 8 Councilmember Turgeon stated she supported Approach A because all cities could continue to receive an appropriate level of service, rather than having levels of service significantly reduced. Councilmember Zerby stated he supported Approach A also, and he thought all steps taken in this matter resulted in "backward steps." Chief Litsey briefly summarized and clarified levels of service impacted as a result of Approach A and B. Councilmember Garfunkel thought the approaches presented were proportional to the actions taken by the City of Excelsior, as most of the impacts would be directed at "Excelsior oriented" services. He went on to state he believed all parties were hurt by the recent Excelsior Council actions, as there were not helpful to anyone in the community as a whole. Further, he was baffled that four of twenty councilmembers had decided public safety was not a high priority for the South Lake Minnetonka area. Chief Litsey stated he was also concerned that the City of Excelsior had taken this action when it had the ability to provide the requested funding level and had chosen not to do so. Councilmember Lizee stated she was extremely disappointed in recent actions taken by the City of Excelsior in this matter. She stated its Council had done a disservice to all of the communities involved, and she believed impacts would be felt by the business and residential communities as result of these actions. Further, she stated it was important the communities work together in such events as the Fourth of July celebration to keep a sense of community strong for their residents. She stated she could not support putting forth anything less than the requested 6.3% increase in operating budget costs, and she strongly encouraged the business and residents of the area to contact the Excelsior City Council. Mayor Love thanked Chief Litsey for his attendance at this meeting, and stated all parties involved were anxious to find resolution in this matter, and act in the spirit of the Joint Powers Agreement. Turgeon moved, Garfunkel seconded, Endorsing the concept in Approach A, and its willingness to appropriate the $39,223 needed from the City of Shorewood to implement Approach A in the 2004 Operating Budget of the SLMPD. Motion passed 5/0. D. Set Public Hearing Date - Right-of-Way Vacation Applicant: James Marso Location: Wedgewood Drive Director Nielsen explained Mr. James Marso was the owner of the property located at 5495 Wedgewood Drive. The property was bounded on its south side by a strip of public right-of-way, 20 feet in width. Mr. Marso had requested the city vacated this right-of-way, in order that it become part of his property. Similarly, there was a small triangle of the right-of-way for Wedgewood Drive adjoining the northerly corner of Mr. Marso's property. He requested this triangle also be vacated, as it was his intent to combine the vacated rights-of-way with his property so that he may be able to subdivide the resulting parcel into two residential lots. Turgeon moved, Zerby seconded, Setting the Public Hearing Date for a Right-of-Way Vacation for November 10, 2003, for James Marso, 5495 Wedgewood Drive. Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES October 13, 2003 Page 7 of 8 10. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was nothing additional to report on at this time. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson stated progress continued in this project, with the bulk of the construction to occur next year should the City of Tonka Bay approve the purchase agreement for the Tonka Bay Liquor Store. Action was scheduled for the October 14 meeting of the Tonka Bay City Council. 2. Public Safety Facilities Administrator Dawson stated landscaping and paving would be starting this week. Occupancy of the building was slated for year-end. 3. Smithtown Road Engineer Brown stated sod work began this morning, and he also requested motorists slow down in the construction zones. 4. Gideon Glen Administrator Dawson stated representatives of the Minnehaha Creek Watershed District, WSB and Associates and the City, had taken place regarding the County Road 19 project and the Gideon Glen project. He noted anticipated wetland restoration efforts would take place in Winter 2004, and completion of the project in Mid-year 2005. B. Mayor & City Council 1. Annual Appreciation Event Administrator Dawson noted the Annual Appreciation Event was scheduled for December 5, 2003. Mayor Love stated the Excelsior Fire District Board had met and expressed support that construction would begin this Fall on the East Side Fire Station. ) CITY COUNCIL REGULAR MEETING MINUTES ". October 13, 2003 Page 8 of8 . . . 12. ADJOURN Garfunkel moved, Zerby seconded, Adjourning the Regular City Council Meeting of October 13, 2003, at 8:26 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recordin2: Secretary