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011204 CC Reg Min " . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 12, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:07 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; and Finance Director Burton Absent: Engineer Brown and Planning Director Nielsen B. Review Agenda Mayor Love reviewed the Agenda for the evening. Administrator Dawson requested Item 9E, Appointment to the Minnetonka Community Education Services (MCES) Board, be added to the Agenda. Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, December 8, 2003 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of December 8, 2003, as presented. Motion passed 5/0. B. City Council Work Session Minutes, December 8, 2003 Zerby moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of December 8, 2003, as presented. Motion passed 5/0. C. City Council Special Meeting Minutes, December 30, 2003 Lizee moved, Garfunkel seconded, Approving the City Council Special Meeting Minutes of December 30, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List , . . .- CITY COUNCIL REGULAR MEETING MINUTES January 12, 2004 Page 2 of 6 B. Adopting RESOLUTION NO. 04-001, "A Resolution Setting the 2004 City Council Regular Meeting Dates for the City of Shorewood." C. Establishing the Date, Time and Place for the Local Board of Review D. Staffing - No action required E. Adopting RESOLUTION NO. 04-002, "A Resolution Approving a License for Tree Trimming Service." F. Adopting RESOLUTION NO. 04-003, "A Resolution Setting the 2004 License, Permit, Service Charges and Miscellaneous Fees." G. Approval to Enter Into an Agreement for Recycling Services Motion passed 5/0. 4. MATTERS FROM THE FLOOR Robert Gagne, 24850 Amlee Road, thanked the Council and City Staff for its efforts with the Opt-Out Transit decision making process that enabled the Metro Mobility buses and office space to be moved to Spring Park, Minnesota. He stated it was especially nice that the buses could have indoor storage during the winter months. He went on to explain the decision to "Opt Out" of the Metropolitan Council busing opportunities had allowed for additional monies to be able to extend bus service, routes, and schedules for seniors in the South Lake Minnetonka area. He again thanked the Council stating he was very happy with the end result. Mayor Love thanked Met Council for its negotiation efforts in this matter that worked to meet the needs of South Lake Minnetonka residents. 5. REPORTS AND PRESENTATIONS A. Park Commissioner Appreciation Mayor Love stated it was with great appreciation and pleasure that the City was able to present to Nancy Palesch, and to Scott Bartlett (who was not able to be present this evening), with plaques of appreciation for serving on the City's Park Commission. He noted serving on the Park Commission demonstrated a generosity of volunteer spirit. Ms. Palesch thanked the City for the plaque and the opportunity to serve on the Park Commission. She stated she had enjoyed this opportunity a great deal and was sorry she was not able to fulfill her term. Mayor Love stated the City deeply appreciated the time she spent serving on the Park Commission, and noted the City would forward Mr. Bartlett's plaque to him. 6. PUBLIC HEARING There were no public hearings scheduled for this evening. , . . . CITY COUNCIL REGULAR MEETING MINUTES January 12, 2004 Page 3 of6 7. PARKS A. Report on Park Commission Meeting Held December 9, 2003 Connnissioner Gilbertson reported on matters considered and actions taken at the December 9, 2003, Park Commission Meeting (as detailed in the minutes of that meeting). Councilmember Turgeon questioned whether a vision plan had been presented by the Park Foundation regarding the bricks to be utilized in the Buy-A-Brick Program. She noted people had not yet received letters of thanks and acknowledgement regarding past brick purchases, and wondered if the plans for the program were still moving forward. 8. PLANNING Commissioner Gagne reported on matters considered and actions taken at the January 6, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Request by Mr. Vanderlinde regarding 5550-60 Shorewood Lane and Public Safety Building Administrator Dawson explained Mr. Vanderlinde owned property at 5550-5560 Shorewood Lane adjacent to the West Public Safety Facility, and had expressed concern in November of 2003 for certain activities taking place during the construction phase of the Public Safety Facility. He went on to explain Mr. Vanderlinde had requested clarification on certain construction aspects of the facility. These answers had been supplied to Mr. Vanderlinde and a series of meetings and discussions had taken place with staff since November. Mr. Vanderlinde had requested the opportunity to address Council on this matter and was now prepared to do so this evening. Allan Vanderlinde, owner of 5550-5560 Shorewood Lane, stated he had viewed the preconstruction plans for the West Side Facility and had noted minimal impacts to his property. As construction progressed on the site, a large pile of dirt had been placed on the northerly side of the site. On October 10, 2003, he noticed trees were being planted on this pile, and was notified the pile of dirt would remain. He questioned Council on the process utilized in making this decision and wondered how this change in plans was handled as part of the process. He further stated he was concerned as the pile of dirt was approximately 22 feet high and extended 130 feet out from the building. He noted the original plans noted a slope should begin approximately 30 feet from the building and this was not the case currently. Additionally, he stated Director Nielsen had noted a slope of 3:1 should be maintained throughout the City in instances like this one; however, Mr. Vanderlinde had measured it personally, and believed it was in excess of this City standard. Mr. Vanderlinde stated he believed the South Lake Minnetonka Police Department and the Fire District did a great job of providing services to area residents, and he had no issue with those departments. He further stated if a person looked at the building from the south, it was a beautiful view of the building and landscaping on the site; however, if a person looked from the north side of the building to the south, the view was one a massive pile of dirt that was not supposed to be there as part of the originally approved plans. He requested the City provide assistance in this matter and follow the original plan. Mayor Love stated a site visit would be in order with City Staff as the site needed to meet all City standards. He went on to state he was aware of the decision made to leave the dirt on the site as he ~ CITY COUNCIL REGULAR MEETING MINUTES January 12, 2004 Page 4 of 6 . served on the EFD and SLMPD governing boards. He questioned whether Mr. Vanderlinde had had positive experiences in working with City Staff on previous site issues. Mr. Vanderlinde responded affirmatively, and despite the issue that remained, he had received answers to his inquiries. He stated it was very frustrating to see the work continue on the site when he had expressed concern earlier in the process. Administrator Dawson stated the City wanted to be certain City standards were applied in this case. He stated there had always been plans to keep excess soil on the site as part of the grading plan; however, there were approximately 2500-3000 additional cubic yards beyond the initial plan. He stated the decision had been made in the fall to move forward with seeding and trees to avoid erosion of materials on site throughout the winter season. Notification to the neighbors was not given as the work needed to be completed quickly due to the onset of winter. He noted the additional landscaping to be an aesthetic improvement from the bare soil, and the City wanted the neighbors to be pleased with the result. To that end, a survey would be needed to verify the slope on the site within the next week or two. Mr. Vanderlinde stated he would like to be present at the time the survey work was being completed. Administrator Dawson stated he would report on this matter at the February 23, 2004, Regular City Council meeting. Councilmember Zerby stated he was quite sympathetic to Mr. Vanderlinde's concerns, as he did not see the actions taken in working on this site as being a "good neighbor." He stated he would like to see the situation rectified and would like to see a compromise for all that would balance the economics of situation with the aesthetics owed to the adjoining neighbors. . Councilmember Turgeon stated she would like Engineer Brown to verify the drainage on the site, given that dirt pile was composed mainly of clay. Also, she stated she would like to see the issue remedied as soon as possible. Mayor Love assured Mr. Vanderlinde no special exceptions had been made for the City in this case, and it was imperative for government to meet its own standards. He appreciated Mr. Vanderlinde's willingness to work with City Staff on this matter to work through his concerns. 9. GENERAL/NEW BUSINESS A. Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2004 Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 04-004. "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2004." Motion passed 5/0. B. Making the Lake Minnetonka Conservation District (LMCD) Board Representative Appointment . Mayor Love stated it had been a pleasure to interview candidates for representation to the LMCD, the LMCC, and the MCES earlier this evening. He noted he was always very impressed with the level of enthusiasm for volunteering demonstrated as part of interview process with the exceptional candidates. He stated he was deeply appreciative of the willingness of the candidates to volunteer their time and talents on these boards on behalf of the City. He thanked all participants in the interview process. . CITY COUNCIL REGULAR MEETING MINUTES January 12,2004 Page 5 of6 . Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 04-005, "A Resolution Making the Lake Minnetonka Conservation District (LMCD) Board Representative Appointment." Motion passed 5/0. This motion appointed Tom Skramstad, 28020 Woodside Road, to a one-year term beginning February 1, 2004 and ending January 31, 2005, on the LMCD Board. C. Making the Lake Minnetonka Communications Commission (LMCC) Board Representative Appointment Administrator Dawson noted this resolution of appointment included two appointments, one to Counci1member Zerby as the City Council representative and one Shorewood resident representative to the LMCC. The appointments would begin February 1,2004 and end January 31, 2005. Garfunkel moved, Lizee seconded, to appoint Councilmember Zerby and Pat Hodapp, 26195 Shorewood Oaks Drive, and Adopt RESOLUTION NO. 04-006, "A Resolution Making the Lake Minnetonka Communications Commission (LMCC) Board Representative Appointment." Motion passed 5/0. D. Gideon Glen Cooperative Agreement . Administrator Dawson stated work on the Gideon Glen project was scheduled to begin in 2004 and finish in 2005. The Gideon Glen project and the County Road 19 Intersection project were intertwined with respect to drainage and water quality management. He noted planning efforts to integrate and coordinate these common elements were completed during the last four months of 2003. To that end, the Minnehaha Creek Watershed District (MCWD) had taken the initiative to prepare a cooperative agreement between itself, the City of Shorewood, and Hennepin County. Administrator Dawson then shared the Cooperative Agreement and noted responsibilities of each participating agency. Councilmember Zerby noted the term of involvement for the MCWD regarding the wetland and plantings was listed as five years. Administrator Dawson stated it was the City's hope that the MCWD involvement would extend past that term and into the future. Councilmember Zerby stated he appreciated all the time and efforts of Staff in bringing this agreement and projects to fruition. Zerby moved, Turgeon seconded, Approving the Cooperative Agreement Regarding the Gideon Glen Water Quality Improvement and Wetland Restoration Project, and Authorizing the Mayor and City Administrator to Execute the Agreement. Motion passed 5/0. E. Making the Minnetonka Community Education Services (MCES) Board Representative Appointment Administrator Dawson noted this resolution would appoint Tad Shaw, 5580 Shore Road, to the MCES Board for a one-year term beginning February 1,2004 and ending January 31, 2005. . Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-007, "A Resolution Making the Minnetonka Community Education Services Board Representative Appointment." Motion passed 5/0. ... . . . . CITY COUNCIL REGULAR MEETING MINUTES January 12, 2004 Page 6 of 6 10. ENGINEERINGIPUBLIC WORKS There was no report given, as Engineer Brown was absent. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson noted the Tonka Bay Liquor Store had been demolished in the past week. 2. Public Safety Facilities Administrator Dawson the West Side Public Safety Facility was occupied the last week in December by the EFD and the SLMPD was moving in currently. He noted there was a great deal of interior detail work to be completed. He also noted the Navarre Fire Station was expected to be operational within the next week as well. He noted an Open House for the West Side Public Safety Facility would be planned in the future for area residents. B. Mayor & City Council Mayor Love reported the City would be receiving an enhanced level of service from the SLMPD that was the same as the cities of Greenwood and Tonka Bay for the next year. 12. ADJOURN Lizee moved, Zerby seconded, Adjourning the Regular City Council Meeting of January 12, 2004, at 8:04 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recordin1!: Secretary ~ Woody Love, Mayor