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042604 CC Reg Min . . . OCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 26, 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 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, and Zerby, Administrator Dawson; Attorney Keane; Engineer Brown; and Finance Director Burton Absent: Councilmember Turgeon and Planning Director Nielsen B. Review Agenda Zerby moved, Lizee seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, April 12, 2004 Zerby moved, Lizee seconded, Approving the City Council Work Session Meeting Minutes of April 12, 2004, as presented. Motion passed 4/0. B. City Council Work Session Minutes, April 12, 2004 Lizee moved, Zerby seconded, Approving the City Council Work Session Meeting Minutes of April 12, 2004, as presented. Motion passed 4/0. C. City Council Regular Meeting Minutes, April 12, 2004 Zerby moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of April 12, 2004, as presented. Motion passed 4/0. D. City Council Work Session Minutes, April 12, 2004 Lizee moved, Zerby seconded, Approving the City Council Work Session Meeting Minutes of April 12, 2004, as presented. Motion passed 4/0. 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 APRIL 26, 2004 Page 2 of7 B. Staffing C. Sign Permit - Minnetonka Outdoors D. Adopting RESOLUTION NO. 04-039, "A Resolution Setting License, Permit, Service Charges, and Miscellaneous Fees." E. Approving an Appeal of a "Notice to Remove" for Daniel Heiland, 21175 Minnetonka Blvd. Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Presentation by County Commissioner Linda Koblick This item was heard after Item 5B. Commissioner Koblick thanked the Council for the opportunity to speak before the Council this evening. She stated she had been a member of the Hennepin County Board of Commissioners since 2002, and had requested to be placed on the Agenda to speak to her representative cities regarding the purpose and direction the Hennepin County Board, and services and activities provided at the County level of government. She noted it was always a challenge to "feel the pulse" of the communities served and respective needs associated with each one, as well as attempting to serve increased needs with decreased revenues. Commissioner Koblick believed the Lake Minnetonka area to be unique in its needs and services provided in the County, and asked that she relied on residents paying attention to County services in the area to provide feedback to her. She anticipated challenging areas for the upcoming year to include further discussions on budgetary and security issues, and thanked Council for listening to her report. Mayor Love stated representatives of the City and County Staff had met recently to expedite the construction schedule of the County Road 19 Intersection project. He stated he greatly appreciated all efforts made in working cooperatively to solve the problems related to the project, but requested heightened attention be given to improving the public safety aspects of that intersection as quickly as possible. Engineer Brown stated scheduling and funding had been the main topics of the meeting. He complimented County Staff on its efforts, and looked forward to an expedited construction schedule. Commissioner Koblick appreciated the efficacy of Mayor Love in addressing issues in a straight forward manner, so the County was aware of what to anticipate as the project moved forward. She also noted the efforts of the County were designed to ensure the project would be completed, costs were distributed fairly and within budget, and all ancillary issues would be resolved timely and effectively. CITY COUNCIL REGULAR MEETING MINUTES APRIL 26, 2004 Page 3 of7 . Councilmember Lizee stated she also appreciated the efforts of the County in working with the Excelsior Library to iinproveiC She noted the smaller libraries; such as Excelsior, provided a quaint flavor and vibrancy in neighborhoods, and she remained committed to providing monies in the budget for such libraries. In response to Mayor Love's question, Commissioner Koblick stated the County Staff and Commissioners had worked with a task force regarding the potential closure of the district court at the Ridgedale Service Center/Library complex. She noted the group had lobbied hard to dissuade the closure and she believed it to be a successful effort, although with anticipated budgetary issues, more changes would be forthcoming and she would greatly appreciate the cities' support. Mayor Love thanked her for her responsiveness, concern, and involvement with issues that pertained not only to the City of Shorewood or entire South Lake Minnetonka community, but in her district as a whole. Commissioner Koblick thanked the Council and noted the beauty to be found in the City of Shorewood. B. Report by LMCD representative Tom Skramstad . Tom Skramstad, City of Shorewood Representative to the Lake Minnetorika Conservation District, reported on the recent activities of the LMCD, including Hennepin County funding for the Water Patrol Deputies on Lake Minnetonka, solar lights on buoys, issues related specifically to Howard's Point Marina, a boat density study, management plan activities, and an educational program on zebra mussels. He noted with regard to zebra mussels, prevention would be possible through education, to avoid infestation in the local waterways. He shared a report on zebra mussels as well as a detailed education plan for the public. Councilmember Garfunkel stated it would be helpful to add educational information on zebra mussels to the City's website and newsletter for additional public access to this information. Councilmember Lizee stated it would also be helpful to work with local educators in the schools to teach children about prevention measures. Discussion ensued regarding any other potential funding sources for the additional Water Patrol deputies, such as additional monies for licensing and taxation. Mr. Skramstad stated if monies were not available from the County or local cities, private donations would be requested. Councilmember Lizee stated she did not like to ask for private donations for public safety issues. Mayor Love agreed, noting it was the role of government to provide safety for its citizens. Mr. Skramstad stated Commissioner Koblick was a great supporter for this issue, and thanked her for being instrumental in successfully obtaining funding for this program. Council thanked Mr. Skramstad for his report. C. Report by MCES representative Tad Shaw . Tad Shaw, City of Shorewood representative to the Minnetonka Community Education and Services (MCES) Board,(reported on recent MCES Board activities. Specifically he stated the Board was concerned because an internal audit had been authorized by the Minnetonka School District Board with regard to programming issues of MCES. The audit was highly critical of the services and programming . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 26, 2004 Page 4 of7 offered; however, the Board's concern was that the descriptive, but not qualitative, audit and report udemonstrat6dariiriaccuratepictiiieof tliesuccess ofthepfOgrartihiiiig,Withsignificant tepetcussions:A task force had been set up to study the issues surrounding the audit and report further, and the MCES Board remained concerned the school district would act on the report without accurate depictions. Councilmember Lizee stated this information was troubling and she remained very supportive as her family had participated in a number of MCES activities without issue. Mayor Love stated he would bring these concerns forward at the next "Mayors' meeting" with members of the Minnetonka School District, and thanked Mr. Shaw for his excellent report. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Meeting Held April 13, 2004 Commissioner Gilbertson reported on matters discussed and actions taken at the April 13, 2004, Park Commission meeting (as detailed in the minutes of that meeting). He noted a great presentation was heard by local youth, Will Kelsey, regarding needs for the Skate Park, and the Commission had complimented Mr. Kelsey on his creative solutions to these needs. 8. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the April 20, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Conditional Use Permit Amendment - Public Safety Facility Administrator Dawson reviewed the history of the request from the Excelsior Fire District Relief Association regarding an annual dance event to be held at the West Side Public Safety Facility. He noted since this activity would be a change from the original Conditional Use Permit, and an amendment was necessary. He went on to note the process the request had followed, specifically noting the concerns stated by area residents both in opposition and support for the annual dance request. He further stated this event would be considered an annual event, with yearly review and administrative approval based on mitigating concerns of the previous year. Councilmember Zerby stated a trail accessing the Public Safety Facility would be beneficial in this instance, and also expressed concern for Item J in the draft resolution presented this evening. Item J in the conditions would grant administrative review and approval, and he thought this item seemed to "skirt" the normal approval process that a resident of the City would be required to follow. He stated he would like to have the matter reviewed and approved by the Council each year as part ofthe resolution. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 04-040, "A Resolution Amending a Conditional Use Permit for the South Lake Public Safety Facility (West Side), subject to Item J including annual review and approval by Council." Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES APRIL 26, 2004 Page 5 of7 . 9. GENERAL/NEW BUSINESS A. Excelsior Area Chamber of Commerce Request for Support for Fourth of July event Linda Murrell, Executive Director of the Excelsior Area Chamber of Commerce, provided an overview of the activities planned for the Chamber-sponsored Lake Minnetonka Fourth of July celebration. She requested monetary support from the five South Lake Minnetonka cities, and noted there were several contributory levels to choose from in the donation being requested. She also noted there were several additional activities planned for the celebration, including children's entertainment and games such as a sandcastle race, popsicle party, kids' patriotic parade and inflatable jumping apparatus. Popular, clean teen music was also being added to the celebration and the musical group "Rare Medium" featuring a local Minnetonka High School graduate, the Minnesota Pipe and Drums Corps, as well as the Minnesota Orchestra, all on the shores of Excelsior Bay! Lizee moved, Zerby seconded, Approving $2,200 for funding of a silver sponsorship to the Excelsior Chamber of Commerce in support for the Fourth of July Celebration. Mayor Love thanked Ms. Murrell for her efforts on behalf of the Chamber to bring the cohesive spirit of cooperation to each of the member cities during a trying year. Motion passed 4/0. . B. Southshore Senior Comm.unity Center Insurance Finance Director Burton explained she had been working with Bob Gagne, representing the Friends of the Southshore Senior Center, regarding a potential reduction in the amount paid for property and liability insurance premiums for the Center. Mr. Gagne briefly reviewed the eleven-year history related to insurance issues in this matter, and noted currently the insurance premiums carried umbrella coverage of $3 million. The Friends Group had reviewed the premium expenses and questioned the need for coverage of that amount. Mayor Love stated he supported the Southshore Senior Community Center and Friends of the Center; however, he was concerned for the potential exposure to risk without the current level of coverage. He stated more information was needed, and requested Attorney Keane and Director Burton return with an appropriate recommendation on this matter. Attorney Keane stated he had consulted with risk advisors for the League of Minnesota Cities. The recommendation was to balance risk with coverage and premiums. He noted a statutory "cap" existed for public liability issues; however, to reduce the premium might leave the cities with increased exposure. Councilmember Zerby stated it was a good idea for all persons to review insurance needs periodically for savings, and stated he always welcomed other avenues to reduce expenses also. C. Approval of the Spring Clean-Up Contract for Services . Garfunkel moved, Zerby seconded, Awarding the Spring Clean-Up Contract to Waste Technology, Inc., as outlined in the proposal dated April 20, 2004. Motion passed 4/0. . . . .<{ CITY COUNCIL REGULAR MEETING MINUTES APRIL 26, 2004 Page 6 of7 10. ENGINEERING/PUBLIC WORKS There were no additional engineering or public works items to be discussed. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson stated representatives of City Staff and Hennepin County met recently to discuss right-of-way schedules relating to the County Road 19 Intersection Project, slated for construction later this year. Engineer Brown thanked Mike Hanks, reporter from the Sun-Sailor, for coverage on the process the project had taken as he thought it was good for the public to be aware of all elements involved in such a proj ect. Mayor Love stated he appreciated the willingness and cooperative and concerned spirit the County Staff had in working with City Staff on this project. 2. Public Safety Facilities Administrator Dawson noted the East Side Station was nearing completion, and the project continued to move forward. B. Mayor & City Council Mayor Love stated he had toured the East Side Public Safety Facility site as part of a recent Excelsior Fire District Governing Board meeting. He also noted budget discussions would be part of the upcoming agenda for the South Lake Minnetonka Police Department Coordinating Committee Meeting. Mayor Love also complimented SLMPD investigators on the thoroughness of their work recently. 12. ADJOURN Lizee moved, Zerby seconded, Adjourning the Regular City Council Meeting of April 26, 2004, at 8:33 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary (Jf) Woody Love, Mayor