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071204 CC Reg Min .... . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 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 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby, Administrator Dawson; Attorney Keane, Engineer Brown; and Finance Director Burton Absent: Councilmembers Zerby and Planning Director Nielsen B. Review Agenda Lizee moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Executive Session, June 28, 2004 Garfunkel moved, Lizee seconded, Approving the City Council Executive Session Meeting Minutes of June 28, 2004, as presented. Motion passed 4/0. B. City Council Regular Meeting, June 28, 2004 Turgeon moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of June 28, 2004, as presented. Motion passed 4/0. C. City Council Work Session, June 28, 2004 Turgeon moved, Lizee seconded, Approving the City Council Work Session Meeting Minutes of June 28, 2004, as presented. Motion passed 4/0. 3. CONSENT Garfunkel moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing C. Land Conservation Easements and Gifts of Land Policies D. Southshore Center Insurance . . . CITY COUNCIL REGULAR MEETING MINUTES JULY 12, 2004 Page 2 of 5 E. Park Coordinator Services Agreement F. Setting a Date for a Public Information meeting for Storm water Issues to be held on August 4,2004, from 5:30 P.M. to 8:30 P.M. at the Shorewood City Hall. G. Adopting RESOLUTION NO. 04-061, "A Resolution Authorizing Signing of the 2004 Municipal Recycling Grant Agreement Between the City of Shorewood and Hennepin County." Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented. 5. REPORTS AND PRESENTATIONS A. Report by LMCD Representative Tom Skramstad Tom Skramstad, City representative to the Lake Minnetonka Conservation District (LMCD), presented a quarterly report of activities undertaken and issues discussed by the LMCD in the past three months. He reported on issues related to milfoil harvesting efforts, Howard's Point Marina, a Boat Density Study, Zebra Mussels, Six Mile Creek, and Resolutions Adopted by the City of Deephaven. Discussion ensued regarding the resolution proposed by the City of Deephaven requesting that the Minnehaha Creek Watershed District (MCWD) assume responsibility of the mil foil harvesting on Lake Minnetonka. Mr. Skramstad reported it would be unlikely this would occur, as the MCWD would not fund a program without full responsibility of the program in its entirety, nor would it provide harvesting efforts for one lake and not for any others within the District. With regard to another resolution passed by the City of Deephaven stipulating cities be granted thirty days to review and comment on any issues that might be pertinent to the member cities, Mr. Skramstad reported efforts such as the one proposed have been a matter of practice for the LMCD. Council thanked Mr. Skramstad for his efforts to bring Council the most recent information regarding policy decisions and issues impacting the LMCD. With regard to Six Mile Creek and recent legislation, Mayor Love stated he was quite concerned for establishing riparian access rights outside of a previously designated process. While he appreciated the numerous complexities of the argument involved in this legislation, he stated the LMCD had been formed in 1967 so that jurisdictional processes could be established and followed for Lake Minnetonka's assumed growth in future years. He stated if the LMCD was best able to determine riparian access than he wondered what agency would be better suited for this determination. Council thanked Mr. Skramstad for his continued efforts in providing information to Council on a quarterly basis. 6. PUBLIC HEARING None. 7. PARKS CITY COUNCIL REGULAR MEETING MINUTES JULY 12, 2004 Page 3 of5 . Engineer Brown reported there would be a meeting of the Park Commission on July 13, 2004, thus there was nothing to report this evening. Councilmember Turgeon stated kudos belonged to the Park Commission for its successful Music in the Park event on July 9, 2004. She noted many residents were in attendance, and she was impressed with the turnout. She stated she had thoroughly enjoyed the time spent at the concert. 8. PLANNING Commissioner Gagne reported on matters considered and actions taken at the July 6, 2004, Planning Commission Meeting. 9. GENERAL/NEW BUSINESS A. Approval of Excelsior Fire District Capital Equipment Program Excelsior Fire District (EFD) Chief Mark DuCharme explained he had recently been asked to present the EFD Capital Equipment Plan (CEP) to member Councils for approval. The CEP scheduled the replacement, refurbishment, or addition of major capital equipment for the years 2002-2022, so that capital outlays may be included. He stated, as required by the Joint Powers Agreement (JP A), the required majority of the Councils had already approved the revisions proposed to the CEP for this year. . Chief DuCharme also explained the major change from past years dealt with City contributions being decreased, in effort to keep funds positive without a surplus of monies in those funds. This proposed strategy allowed cities to retain the money versus allowing the monies to accrue in a fund account designated for CEP purposes until it was needed. Other changes included establishment of a 25-year benchmark for equipment and the possibility of examining used utility vehicles for use at the East Side Station in future years. Mayor Love stated the EFD Governing Board had also stipulated an explanation of rationale and factors utilized in determining funding issues and changes would be included as part of the CEP for future Board reference. He also stated a maintenance log would be supplied for all equipment apparatus for the same purpose, but would also be reviewed yearly to determine if the benchmarks required modification. Council member Turgeon encouraged the District to consider acquisition of alternative fuel vehicles when practical. Garfunkel moved, Lizee seconded, Approving the Excelsior Fire District Capital Equipment Plan. Motion passed 4/0. B. 2005 Proposed Budget, Excelsior Fire District Administrator Dawson explained Chief DuCharme would also be presenting the 2005 Proposed Operating Budget for the Excelsior Fire District. He explained that the Joint Powers Agreement required member cities' councils to vote on the following year's budget prior to September 1 of each year, with approval of a simple majority of the councils being binding for all. Chief DuCharme presented the proposed 2005 Operating Budget for the EFD. He stated member cities' . cost for the overall budget increase for the year would be approximately 1.15%. He reviewed changes to CITY COUNCIL REGULAR MEETING MINUTES JULY 12, 2004 Page 4 of5 . the Personal Services, Supplies, Professional Services, Capital Outlay, and other Services and Charges detailed in the proposed budget. Administrator Dawson stated Shorewood's' contribution to the EFD had been reduced to 41.77 percent from 42 percent last year. He also explained there were a number of areas of concern with regard to the proposed budget. He specifically noted the proposed year-end fund balance was low compared to the recommendations made by the auditors each year. He also expressed concern for the change in the CEP financing philosophy whereby major pieces of equipment would be purchased through equipment certificates. When this philosophy was combined with the low balance in the Operating Fund, he believed financial risk was unduly exacerbated. Thirdly he was concerned that the monies received from the Orono three-year service contract were being utilized to subsidize operations. Discussion ensued regarding the intent of the EFD Board with regard to the Operating Budget and related CEP. Mayor Love and Councilmember Turgeon stated they shared Administrator Dawson's concerns in consideration of the Operating Budget, noting it would be very difficult for cities to attempt to make up any subsidies in the budget in upcoming years without notice through the CEP and Operating Budget. Chief DuCharme stated he thought the CEP was the first round in effective financial management of the EFD and the proposed budget was creative and flexible to handle the demands being placed upon it at this time. He stated the EFD Board remained committed to reexamining reserves and dedicated funding options. . Turgeon moved, Garfunkel seconded, Requesting EFD Staff Review and Enhance the Operating Budget with regard to concerns heard this evening, and report back at a later date. Motion passed 4/0. 10. ENGINEERINGIPUBLIC WORKS A. Authorize Expenditure of Funds for Feasibility Report for Boulder Bridge Storm water Lift Station Engineer Brown stated Staff had received a petition form residents abutting Boulder Bridge Lane requesting the City address high water issues within the storm water pond located between the cul-de- sacs of Boulder Bridge Lane. He went on to explain the pond was constructed as part of the Boulder Bridge Subdivision, as a percolation pond. As such, he believed the percolation rates had decreased substantially due to compaction within the pond. He noted the Public Works Department had pumped the pond on numerous occasions. He stated initial analyses performed indicated a storm water lift station might be required to maintain a manageable level for the basin. He then shared a proposal from WSB & Associates, the City's Engineering consulting firm, with regard to such a project. He noted if feasible, costs for the study, design, and improvement would be assessed against the benefiting property owners. He reviewed the process for approval in this matter. Turgeon moved, Lizee seconded, Approving the Authorization of Funds from the City's Storm water Fund for preparation of a feasibility report. Motion passed 4/0. Mayor Love requested an update on the Shorewood Oaks stormwater issues since there were several . people in the audience wishing to hear this report. . . . CITY COUNCIL REGULAR MEETING MINUTES JULY 12, 2004 Page 5 of5 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson reported a memorandum had been received summarizing what happened today during proceedings in front of Judge Alton with regard to litigation involving the City. 1. County Road 19 Intersection Engineer Brown reported condemnation proceedings had begun on various properties along County Road 19 related to the intersection project. B. Mayor & City Council Councilmember Lizee reported on the wonderful Fourth of July event held in Excelsior recently. She wished to thank all volunteers for donate time and efforts to the event. She specifically wished to thank the Shorewood Public Works Department and the South Lake Minnetonka Police Department for making the event safe and fun. Mayor Love stated he also thought the event to be a success this year as in past . years. Mayor Love declared Council would recess at 8:22 P.M so the Economic Development Authority Board could meet. Mayor Love reconvened the meeting to Regular Session at 8:55 P.M. Councilmember Lizee departed at 8:56 P.M. 12. RECESS TO EXECUTIVE SESSION A. City Administrator Performance Assessment Turgeon moved, Garfunkel seconded, Recessing the Meeting to Executive Session with the City Administrator to discuss the interim performance assessment at 8:57 P.M.. Motion passed 3/0. The Council reconvened to Regular Session at 9:28 P.M. 13. ADJOURN Garfunkel moved, Turgeon seconded, Adjourning the Regular City Council Meeting of July 12, 2004, at 9:29 P.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor