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111003 CC WS Min .. . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 10, 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, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Commission Liaison Borkon Absent: Planning Director Nielsen B. Review Agenda Mayor Love reviewed the Agenda for this evening. Administrator Dawson requested Item 8A, A Building Moving Permit for Our Savior's Lutheran Church, and Item 9A, Proposal from City of Excelsior Regarding the SLMPD 2004 Budget, be added to the Agenda for this meeting. . Zerby moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, October 27, 2003 Turgeon moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of October 27, 2004, as presented. Motion passed 5/0. B. City Council Work Session Minutes, October 27, 2003 Lizee moved, Zerby seconded, Approving the City Council Work Session Meeting Minutes of October 27, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 03-097, "A Resolution Approving the Final Plat of the High Pointe PUD for Lecy Construction, 23520 Highway 7." . C. Authorizing Expenditures of Funds for Dump Truck Box, Sander, and Lights . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 2 of7 D. Approval of the Capitalization Policy E. Adopting RESOLUTION NO. 03-098, "A Resolution Supporting Application by Capestone Builders for a Hennepin County Environmental Response Fund Grant Application." F. Acknowledging a Petition Requesting Use of Public Right-of-Way for Private Extension of Public Water G. Accepting a Petition to Utilize Metropolitan Council Sanitary Sewer Utility Motion passed 5/0. 4. MA TTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Report by LMCD Representative, Tom Skramstad Tom Skramstad, Shorewood's representative to the Lake Minnetonka Conservation District (LMCD), reported on the activities of the LMCD over the past quarter year. He noted discussions had taken place at the LMCD regarding issues pertaining to water patrol deputies, solar lights on buoys, Howard's Point Marina, milfoil harvesting programs, zebra mussels, personnel procedures, and LMCD Board appointments. He noted the "writing campaign" by area municipalities helped to notify the Hennepin County Board of Commissioners of the importance these municipalities placed on funding for an increase of Water Patrol Officers. Mayor Love questioned what more could be done in effort to make the County aware that an increased need as well as subsequent funding of these Water Patrol positions should remain as part of the Year 2004 Budget, and to let the County know an appeal for funding to local municipalities was not available. Mr. Skramstad stated emails to Commissioners Koblick and Vargas in the past had been quite helpful, and he suggested a "writing campaign" where County Commissioners heard from area residents in the next few weeks regarding this issue might also be helpful. Mayor Love stated he believed good faith efforts had been made from local municipalities to fund these positions over the past years with the understanding funding would continue from the County for the future. He stated to have the potential for budget cuts in this area after that good faith effort was unconscionable. Mr. Skramstad noted the County budget included the need for 2.8 million dollars in reductions. Should this amount need to be removed from the Sheriff s budget, reductions would be directed by the Sheriff. Commissioner Turgeon stated she would not support the local cities funding these positions for the future. Mayor Love stated cities were not able to do so, and should the County direct the Sheriff to remove the reductions from Sheriff's department budget, it would be appropriate to contact the Sheriff with concerns regarding funding of these Water Patrol positions. . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 3 of7 Mr. Skramstad then provided history on the permit application from Howard's Point Marina and its denial by the LMCD. Mayor Love thanked Mr. Skramstad for his thorough report. 6. PUBLIC HEARING A. 7:00 P.M.- Approval of Certification of Delinquent Utility Charges Mayor Love opened the Public Hearing at 7:28 P.M. Administrator Dawson stated the City Code provided for annual certification of delinquent utility bills against the respective properties served. He noted consideration was to be given this evening for setting delinquent utility charges and other charges and fees to be certified to Hennepin County as a levy on the property taxes. He reviewed the process to be utilized should any property owner object to this proposed certification of delinquent accounts, and noted as part of the appeal process, one may request a hearing in front of the Council. He stated one such request had been made, and that property owner was present this evening for the hearing. Ron Johnson, 5355 Shady Hill Circle, also known as 5400 Vine Hill Road, stated he had been a longtime resident of Shorewood, and owned a 20-acre hobby farm within the City. Mr. Johnson reviewed the history of his litigation with the City, and believed that the City had made violations of the U.S. Constitution in his case. He provided the Council with a handout of information presented to the Courts on this issue, and an affidavit by former Mayor Thomas Dahlberg. Mr. Johnson stated his situation was not as the City characterized him in being delinquent. He asserted there was a credit from previous administrations that exempted him from payment of these penalties for the duration of the time he was in litigation with the City on this matter. He believed the City had breached a contract in this regard. Mayor Love asked if there were any other persons present wishing to address Council on this matter. Having no one present wishing to address Council on this matter, Mayor Love closed the Public Testimony portion of the Public Hearing at 7:48 P.M. Administrator Dawson stated the action of the Council was to consider the testimony of Mr. Johnson to determine if those statements warrant any change to the proposed certification of the utility charges that have not been collected. Councilmember Garfunkel requested clarification on the Pill numbers listed for consideration. Finance Director Burton explained the Pill numbers listed included all properties included for consideration of the certification. Councilmember Zerby questioned Mr. Johnson whether he had any issue with recycling and City clean- up fees also being certified. Mr. Johnson stated there never had been. Finance Director Burton stated the account with the City of Shorewood did not reflect a credit, and in addition to the sump pump penalties there were stormwater, recycling, spring clean-up charges pertaining CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 4 of 7 . to his properties, including regular sanitary sewer charges, for the past four quarters in the amount of $479.06. She questioned whether Mr. Johnson was disputing those charges. Mr. Johnson stated he believed a credit was due him as presented in the affidavit from Hennepin County. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-099, "A Resolution Directing Delinquent Sewer Charges, Storm water utility charges, Recycling Charges, City Clean-up Charges, Dry Hydrant Charges, and Sump Pump Charges, Be Placed on the 2004 Property Tax Rolls." Councilmember Turgeon asked for clarification whether this resolution was a special assessment. Administrator Dawson stated it was not a special assessment as described in Chapter 429 of the Minnesota Statutes. He noted it is often called a special assessment in casual conversation, but is actually a certification of delinquent charges. Motion passed 5/0. Mayor Love thanked Mr. Johnson for his appearance before the Council this evening. B. 7:15 P.M.- Vacate Right-of-Way Property Applicant: James Marso Location: 5495 Wedgewood Drive Mayor Love opened the Public Hearing at 7:53 P.M. . Engineer Brown explained Mr. Marso was the owner of the property located at 5495 Wedgwood Drive. The property was bounded on its south side by a strip of public right-of-way, 20 feet in width. Mr. Marso requested that the City vacate this right-of-way, in order that it would become part of his property. Similarly, there is 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. 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. Mr. Marso had provided a survey of the property and an opinion from his attorney regarding which property would have a right to the vacated land, since the right-of-way was between two properties. Mr. Marso's attorney indicated the southerly right-of-way was left over from an old Auditor's subdivision, and would legally be divided between Mr. Marso's property and the property to the south. The northerly right-of-way would go with Mr. Marso's property. The northerly right-of-way contained approximately 1271 square feet of area, and the southerly right-of-way contained 3573 square feet. Engineer Brown explained there was no reason not to vacate the property from a planning perspective, and the City was not obligated to vacate the property, he noted the City had not been able to determine how Wedgewood Drive existed within the public right-of-way. Mr. Marso was present, and stated he did not have any objection to further review of this issue. . Mayor Love closed the Public Testimony portion of the Public Hearing at 8:00 P.M., noting a letter had been submitted into record from John and Pat Arnst, 5480 Teal Circle. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 5 of7 . Zerby moved, Turgeon seconded, Continuing this Item to the November 24, 2003, Regular City Council Meeting. Motion passed 5/0. 7. PARKS Engineer Brown stated there had not been a meeting of the Park Commission since the last Regular City Council Meeting thus; there was nothing new to report on at this time. 8. PLANNING Planning Commissioner Borkon reported on matters considered and actions taken at the November 5, 2003, Planning Commission Meeting (as detailed in the minutes of that meeting). A. A Building Moving Permit for Our Savior's Lutheran Church . Engineer Brown explained that in January 2001 Our Savior's Church amended their Conditional Use Permit to add the community center/gymnasium to their building. The site plan approved included a proposed utility building located in the northeast comer of the parking lot. The Church had an opportunity to acquire an existing garage, currently located in Minnetonka. The garage measured 24' x 38' and fit into the space originally set aside on the plan. Engineer Brown noted the City's Building Official had inspected the structure and had suggested a couple of technical corrections, such as additional bracing, and Electrical Code compliance. Overall, the building was relatively new (4-5 years) and in very good condition. He also noted the building fit very nicely into the space originally proposed for a building. He stated that the building would be blocked until next spring, after which a permanent foundation would be constructed. Due to its low height, power lines were not considered to be an issue, nor was the planned route for moving the structure, as the building would be moved in on Highway 7, then directly onto the service road and onto the church property. Councilmember Zerby stated the Planning Commission had expressed concern for the storage items currently being stored on the location of the proposed garage, and had suggested a stipulation be placed upon the permit that the items currently being stored outside be moved inside. To that end, Staff was recommending a stipulation that the foundation be placed under the structure on or before June 15 2004, and also to follow the Planning Commission's recommendation that all non-conforming items be placed inside the garage for storage purposes. Turgeon moved, Zerby seconded, Approving a Building Moving Permit, subject to Staff recommendations and that a foundation be placed under the structure on or before June 15, 2004. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Consideration of a Proposal from the City of Excelsior Regarding the South Lake Minnetonka Police Department (SLMPD) 2004 Budget . Administrator Dawson explained the City of Excelsior had submitted a proposal to the SLMPD Coordinating Committee on November 6, 2003, to address the SLMPD budget for the Year 2004, and its approach to making additional contributions as well as identifying reductions in expenses. He also stated there was a Joint Meeting of the four member cities' Councils on Thursday, November 13,2003, at 7:00 P.M. at the Southshore Community Center to further discuss this issue. . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 6 of7 Mayor Love stated while he did not wish to discuss the content of the proposal submitted by the City of Excelsior, this proposal was the first time he had heard an interest in retaining current levels of service for all member cities. He also stated the City of Excelsior had made a strong declaration of economic troubles, and a discussion pertaining to the proposal seemed to be worthwhile. Councilmember Lizee stated she believed it was a great idea to have all parties together to try to come to resolution on this issue. Councilmember Turgeon stated she would like discussion from the member cities regarding a needed change in the Joint Powers Agreement so that this problem did not continue to arise, as other cities could be similarly affected in other years. She suggested a broader picture of the future and a long-term solution be provided. Councilmember Zerby agreed. Mayor Love stated the Joint Powers Agreement should be a vehicle to support any City in financial trouble, and he thought a long-term solution to be imperative as well. 10. ENGINEERINGIPUBLIC WORKS A. Acceptance of Comprehensive Surface Water Management Plan Engineer Brown explained the City had operated under a draft plan of the Comprehensive Surface Water Management Plan for the past three years. Since that time, this draft had been submitted to a number of appropriate agencies, two of them being the Minnehaha Creek Watershed District (MCWD) and Riley- Purgatory Bluff Creek Watershed District, for review and approval. The approval was delayed due to a stipulation from the MCWD requesting a "Functions and Values Assessment" be provided for all . designated wetlands within the City as part of the Plan. The MCWD then decided their organization would perform the assessment and have each municipality incorporate the study into its Surface Water Management Plan. Engineer Brown further explained the study was designed to assist cities in evaluating the highest and best use for each wetland in the City. With the inclusion of the Functions and Values Assessment, the draft plan was now ready for acceptance and approval by Council, and upon such approval would be forwarded to the Metropolitan Council. Engineer Brown, in response to Councilmember Zerby's question, stated this plan was in synchronization with the City's Stormwater Management Plan as well. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 03-100, "A Resolution Adopting the Comprehensive Water Resource Management Plan." Motion passed 5/0. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown stated the Intersection project continued to move forward in that the former Tonka Bay Liquor Store was anticipated to be razed within the next few weeks. Councilmember Turgeon requested a written update from Hennepin County Director of Transportation, Jim Grube, on the project. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 2003 Page 7 of7 . 2. Public Safety Facilities Administrator Dawson reported the West Side Facility continued to progress on schedule. The Excelsior Fire Department anticipated occupying the facility on December 15, 2003, and the South Lake Minnetonka Police Department occupying their portion of the facility the first two weeks in January of 2004. He also noted a Groundbreaking Ceremony for the East Side Facility in Deephaven on November 22, 2003, at 10:00 A.M. 3. Smith town Road Engineer Brown reported hydroseeding had occuned along Smithtown Road as the project neared completion. He also noted a discussion regarding posting No Parking signs along Smithtown Road would be had at the next Regular City Council Meeting. B. Mayor & City Council Councilmember Lizee stated she had attended a meeting with other South Lake Minnetonka area residents in a Citizens' Advisory Board regarding the library system and a community role for the Excelsior library. 12. ADJOURN . Lizee moved, Zerby seconded, Adjourning the Regular City Council Meeting of November 10, 2003, at 8:43 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: .