072604 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 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, Turgeon, and Zerby, Administrator
Dawson; Attorney Keane, Engineer Brown; Finance Director Burton; and Planning
Director Nielsen (arrived 7:23 P.M.)
Absent:
None
B.
Review Agenda
Lizee moved, Garfunkel seconded, Approving the Agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Work Session Meeting, July 12, 2004
Turgeon moved, Garfunkel seconded, Approving the City Council Work Session Meeting on July
12, 2004, as presented. Motion passed 5/0.
B. City Council Regular Meeting, July 12, 2004
Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting on July 12,
2004, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Love reviewed the items on the Consent Agenda. Councilmember Turgeon requested
clarification of an item on the Verified Claims List as part of Item 3A.
A. Approval of the Verified Claims List
Councilmember Turgeon requested clarification of an overtime cost for the SLMPD. Finance Director
Burton stated this item would be pulled for comment and review at the next Regular City Council
Meeting.
B. Staffing
C. Authorize Expenditure of Funds - Water Service Installation
Motion passed 5/0.
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4.
MATTERS FROM THE FLOOR
Elizabeth Van, 24710 Amlee Road, stated she was quite concerned for the reckless driving taking place
on County Road 19 in the vicinity of the LRT crossing. She stated she had observed careless drivers
passing on the left and right shoulders in that area, and would like to see additional law enforcement of
these issues in that area of the City. To that end, she had contacted a number of governmental agencies,
such as the Minnesota Department of Transportation (MnDOT) and Hennepin County Department of
Transportation ( hereafter referred to as the County), regarding options for making the trail crossing a
pedestrian crosswalk. She also stated, at the direction of County officials, she and her sons had obtained
approximately 50 signatures from local residents in support of making the trail crossing a crosswalk. She
also noted representatives of both MnDOT and the County agreed additional law enforcement of this
issue would help the situation.
Ms. Van stated the County had agreed to provide the official crosswalk signage, repaint the lines, place
signs on the LRT trail, and a flashing crosswalk sign approximately 500 feet from the crosswalk to alert
motorists in the area of the crosswalk. The City's responsibility would include maintenance of the
painted crosswalk and City enforcement of the reckless driving issues. Ms. Van also stated she would
like to see notification of citizens regarding the illegality of driving on the shoulders of the roadway to
avoid pedestrians in the crosswalk, and would also request that the City support the County's plans for
installation of the crosswalk across County Road 19.
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Mayor Love thanked Ms. Van for her family's efforts, and noted the City had inquired about making
changes to the crosswalk to enhance pedestrian safety to little avail in the past.
Engineer Brown stated City Staff would be willing to work with the County Staff to bring the crosswalk
to fruition; however, he was not aware of the County's interest in providing advance warning flashers as
in the past the County had been concerned with placement of the flashing signal. He also stated he
would work with the City ofTonka Bay to enhance the safety of the crosswalk area.
Councilmember Turgeon stated it was her recollection that this issue has arisen during the plan stages for
the County Road 19 intersection project, and at that time, the County had not wanted to make the trail
crossing a crosswalk due to impediment of the traffic flow in that area. She stated she thought the City
was getting mixed messages, and she was very surprised and pleased to hear of the County's intention to
provide signals and flashers.
Councilmember Zerby thanked Ms. Van for her efforts. Ms. Van stated it was the efforts of her two sons
that actually brought the crosswalk to fruition as they had obtained the necessary signatures that provided
the impetus for the County to pursue the crosswalk.
Administrator Dawson stated he would follow up on this matter with South Lake Minnetonka Police
Department Chief Litsey.
5. REPORTS AND PRESENTATIONS
There were no reports or presentations this evening.
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6.
PUBLIC HEARING
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JULY 26, 2004
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None.
7. PARKS
A. Report on Park Commission Meeting Held July 13, 2004
Commissioner Farniok reported on matters considered and actions taken at the July 13, 2004, Park
Commission Meeting (as detailed in the minutes of that meeting).
In response to Mayor Love's question, Engineer Brown stated the deterioration of equipment for the
Southshore Community Skate Park was very similar to that of other cities' skate parks.
Councilmember Turgeon questioned whether the City should return to other member South Lake
Minnetonka cities for additional funding for replacement of the equipment as they had helped to purchase
the original equipment for the park.
Engineer Brown stated Carver County had requested consideration of a one-time donation to initiate a
dog park in Minnewashta Regional Park. He stated additional information would be reported at a future
meeting.
Planning Director Nielsen arrived 7:23 P.M.
8. PLANNING
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Commissioner Gagne reported on matters considered and actions taken at the July 20, 2004, Planning
Commission Meeting (as detailed in the minutes of that meeting).
A. Approval of Preliminary Plat for Sleepy Hollow Woods
Applicant: Tradewinds Concepts, Inc.
Location: 5610 and 5650 Grant Lorenz Road
Director Nielsen explained the history of the case, noting the most significant issue for the project was
the drainage for the project. He stated the developer had adjusted the plat, through a revised drainage
plan, to intercept the drainage to direct it toward to swales on the north and south portion of the
properties that would then direct the water to the nearby creek. Engineer Brown stated he had reviewed
the pond size for the project and found it to be adequate. Additionally, he had reviewed the outlet
structure, and the Minnehaha Creek Watershed District had reviewed the case and found no wetland
existed on the site.
Director Nielsen stated the Planning Commission had requested a tree preservation plan, and no word
had been received from the Minnewashta Elementary School principal regarding placement of the trail.
He stated the Park Commission also would need to provide input on a trail for the project as well.
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Charles Melcher, Quality Site Design, stated the MCWD had approved the project last week. With
regard to drainage issues, he explained, the culvert downstream under Noble Road was half full of dirt.
He stated revised plans included relocation of a ditch on the property that would provide a 3: 1 slope and
would include a wood fiber blanket to establish vegetation to decrease the silt and debris in the culvert.
He stated he believed the ditch would be made considerably better by these efforts and erosion control
would improve as a result. The issues remaining with the preliminary plat regarding the existing
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retaining wall were being resolved through drain tiling, and other appropriate solutions. Mr. Melcher
stated the homeowner to the northwest of the project remained concerned about increased drainage from
the property, and Mr. Melcher stated the runoff from the site would be decreased after the development
due to the efforts being made for the project.
William Ruoff, 26365 Noble Road, stated he represented four other neighbors in the area, and he wanted
to reiterate his concerns that he had shared with the Planning Commission regarding this case. He
explained he and his neighbors had approached the past owner of the property to try to obtain ownership
of the property for land conservation purposes as there was a great deal of wildlife residing on the
property. He stated he was concerned about water ponding from the ditch under Grant Lorenz Road, and
had presented photos to the Planning Commission of that area during the spring and fall seasons showing
overflow conditions. He stated he thought the developer was following the process appropriately and
behaving pro actively, and he believed most of the drainage concerns would be eliminated after the
construction of the proj ect.
Director Nielsen provided clarification about the grading plan in that it would alleviate surface water
runoff but would not eliminate a perched groundwater.
Engineer Brown stated the developer had a done a good job of directing water to the ditch, and noted this
issue was separate from the culvert issue.
In response to Councilmember Garfunke1's question, Mr. Melcher explained the trail could be placed in
either location at the discretion of the school district.
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Councilmember Lizee questioned who would be responsible for maintenance of the NURP pond on the
site. Engineer Brown stated this issue would be revisited during the final plan review and should the
drainage be part of a regional tributary area than the City would be responsible for maintenance and if the
drainage was specific to the lot, the homeowner's association for the project would be responsible.
Councilmember Zerby questioned whether the culverts beneath Noble Road needed to be upgraded.
Engineer Brown explained approximately 28 acres worth of drainage flowed through the culvert, and that
specific culvert was larger than what the road grade would allow, thus, the culvert would need to be
submerged and would always have some amount of silt in it in order for it to function. He also stated he
suspected water would overtop Noble Road in the future without jeopardy to homes in the area. Part of
. the problem with runoff in the area was also attributable to having approximately 2000 feet of drainage
way with only a one foot drop until the water reached the wetland prior to running into Lake Minnetonka.
Director Nielsen clarified the pond on the property was a rate control retention pond not a NURP pond as
previously discussed.
Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 04-062, "A Resolution Granting
Preliminary Plat Approval for Sleepy Hollow Woods for Tradewinds Concepts, Inc., 5610 and
5650 Grant Lorenz Road." Motion passed 5/0.
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B. Approval of Preliminary Plat for Smith Manor Park
Applicant: Smith Partners, Inc.
Location: 5125 Suburban Drive
Director Nielsen explained the history of the request, stating that Smith Partners, Inc. had arranged to
purchase the lot at 5125 Suburban Drive and proposed to subdivide it into two lots. The property was
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zoned R-1C, Single-Family Residential and contained approximately 40,840 square feet of area. Further,
he explained the developer proposed to demolish the existing buildings on the site and build two new
single-family homes on the lots.
Director Nielsen went on to explain this property was previously divided, at which time the owner sold
approximately one-half acre of land to the City to be combined with Manor Park. Since the Shorewood
Subdivision Code allowed only one minor subdivision per property, this division was being processed
through a formal platting process.
Lot 1 would have 20,091 square feet of area and Lot 2 would have 20,750 square feet, both meeting the
minimum area requirement for the R-1C zoning district. The lots also complied with minimum width and
depth requirements.
Existing trees on the lot were not affected by the subdivision itself. Therefore tree preservation and
reforestation could be addressed at the time someone applied for a building permit.
It was recommended that the preliminary plat be approved subject to the following:
1. The final plat must include the description "Block 1".
2. Drainage and utility easements must be provided, 10 feet on each side of the newly created lot
line. In addition, the applicant had been advised to provide a conservation easement for the
portion of the pond buffer area that extended onto the subject property.
3.
The applicant must provide an up-to-date (within 30 days) title opinion for the property.
4. It was not required that the existing house be removed. However, the barn on the Lot 1 must be
removed, and the northerly driveway loop must be eliminated. If the applicant proposed to
record the final plat before these items could be completed, he should provide cost estimates for
the demolition, from which a letter of credit for one and a half times the estimate must be
provided.
5. Prior to release of a final plat for the subdivision, the applicant must pay $1500 in park
dedication fees and $1200 in local sanitary sewer charges. Credit had been allowed for the lot
with the existing home on it.
6. The applicant had requested the preliminary plat and final plat be processed together. This was
acceptable, provided all of the final plat submission requirements (including mylar drawings)
were met by the time the application went to the City Council. In any event, the applicant must
submit the final plat within six months of the Council's approval of the preliminary plat. Once a
final plat had been approved, the applicant must record it within 30 days of Council approval.
Philip Smith, 26000 West Lafayette Road, Orono, and representing Smith Partners Incorporated, stated
his firm would be taking action as directed on these items.
Council had no further questions on this case.
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Zerby moved, Garfunkel seconded, Approving the Preliminary Plat for Smith Manor Park,
subject to Staff recommendations, for Smith Partners, Inc., 5125 Suburban Drive. Motion passed
5/0.
C. Conditional Use Permit - Propane RefIll Tank
Applicant: Tonka Bayt
Location: 5680 County Road 19
Director Nielsen explained John Townsend, the applicant and operator of Tonka Bayt at 5680 County
Road 19, had applied for a conditional use permit for a propane refill station on the north side of the
property. His request was explained in a letter including a photo of a standard propane refilling station.
dated June 1,2004, submitted to the Planning Department.
Director Nielsen then reviewed the site plan for the request, noting that originally the Planning
Commission had numerous concerns regarding the aesthetics, setbacks, and fire department standards.
Recently, however, the applicant had agreed to bury the propane tank, thus making the issues of concern
moot in this case. He stated landscaping of the control box should take place as soon as possible and
curb and gutter should be implemented with the County Road 19 project.
In response to Mayor Love's question, Director Nielsen stated he was unfamiliar with environmental
standards associated with burying a propane tank; however, he would report back on this matter at an
upcoming Council meeting.
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Councilmember Turgeon stated she would like to see ''No Parking" signs posted near the tank's control
box to avoid potential back-ups onto County Road 19.
Zerby moved, Garfunkel seconded, Directing Staff to Prepare Findings of Fact Approving a
Conditional Use Permit for a Propane Refill Tank, for Tonka Bayt, 5680 County Road 19.
Mr. Townsend stated there did not appear to be any issues with burying the tanks that he was aware of.
While the Environmental Protection Agency noted mild concerns, propane tanks were buried regularly
without issue. He stated to include No Parking signage would be difficult should a Winnebago wish to
access the site for gas purposes.
Motion passed 5/0.
Mayor Love questioned Director Nielsen regarding the erosion control fencing near the Barrington site
on Excelsior Boulevard. Director Nielsen stated he would visit the site in the next week to determine if
appropriate measures were being taken as directed by the City in that case.
9. GENERALINEW BUSINESS
A. Authorize Services for Updates in the Human Resources System
Administrator Dawson stated one of the items on the City Administrator's work plan for the year was to
perform a significant update of the City's human resources system. He noted several objectives to be
accomplished in this undertaking, and stated it would be logical to use the services of someone with
. expertise in this discipline, and who could provide objectivity regarding the City staff. He noted the
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City's longstanding relationship with Labor Relations Associates, mc. (LRA) and its acknowledged
expertise in these issues throughout the state of Minnesota.
He went on to state LRA has provided a proposal for services for $12,135 for the project, and funds were
available
Councilmember Turgeon expressed concern for monies expended previously and questioned the gain.
Mayor Love stated he appreciated the concern; however, monies expended previously were for some
positions and this proposal would include all of the Staff in a macro-scale undertaking for the
organization. Administrator Dawson stated the proposal included the Public Works Department and the
Liquor Store staffs as well.
Zerby moved, Garfunkel seconded, Authorizing Labor Relations Associates Inc. to perform
services related to the City's human resources system per its proposal of June 16, 2004, not to
exceed $12,135. Motion passed 5/0.
B. Excelsior Fire District 2005 Budget
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Administrator Dawson explained Council had considered the Excelsior Fire District's (EFD's) proposed
2005 budget on July 12, 2004. At that time, Council expressed several concerns with the proposal,
specifically the use of revenue from the Orono contract to be used for recurring expenses, and secondly,
not addressing the low level oftheEFD's undesignated operating fund balance. The Council directed its
representative to the Board to bring these concerns to the Board at its next meeting. As of July 19,2004,
three of the five member cities' Councils had approved the budget, thus binding all member cities per the
Joint Powers Agreement. Mayor Love had shared the concerns of the Shorewood Council at the July 21,
2004, EFD Board meeting, and the City's expectation that these concerns would be considered seriously
when the Board develops the 2006 budget.
Councilmember Turgeon stated she did not like this budget and would not approve it. She stated fund
balances were too low and the entire budget was thus fiscally irresponsible. She went on to state the
process was flawed since the Board members had acted on behalf of the City Councils and she thought
this was wrong. She stated the budget was flawed and the other Councils that had approved it should be
ashamed of their actions. She stated she was not certain why respect was not shown to Councils in the
process and she did not think the Governing Board should be acting in this capacity.
Councilmember Garfunkel agreed, and questioned who would be responsible for these actions. Mayor
Love stated he thought there should be another step in the review process, and he was ultimately
responsible for taking the action to approve the budget. He stated he appreciated the support of the
Council in all matters, including this one.
Councilmember Zerby stated he also agreed with Councilmember Turgeon's comments directed toward a
lack of review by the city councils in the approval process.
Turgeon moved, not to approve the 2005 Excelsior Fire District Budget.
Councilmember Garfunkel requested clarification of options for address of this issue prior to a motion.
. Turgeon withdrew the motion.
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Administrator Dawson explained options present before Council related to this matter.
Turgeon moved, Garfunkel seconded, not to approve the 2005 Excelsior Fire District Budget.
Councilmember Garfunkel stated this motion was about the budget and processes involving in its
consideration and approval, not about the services provided by the District or any of the valuable
firefighters. He also stated he believed this action was about accountability.
Mayor Love stated he could not disagree as he believed the budget undermined the councils'
commitment to the firefighters regarding a financial arrangement to the Firefighter's Relief Association.
Motion passed 5/0.
C. Work Session Schedule for CIP, Budget
Through consensus, the Council indicated a Work Session should be scheduled for August 9,2004.
10. ENGINEERINGIPUBLIC WORKS
A. Accept Feasibility Report for Woodhaven Well
Engineer Brown explained a feasibility report had been requested of WSB and Associates, the City's
Engineering Consulting firm, regarding the Woodhaven Well. Engineer Brown then reviewed the
options and associated costs for the well project.
Lizee moved, Zerby seconded, Accepting the Feasibility Report and Directing Staff to Explore the
Option of Connecting Municipal Water services to the City of Excelsior for the residents currently
part of the W oodhaven Well system. Motion passed 5/0.
Mayor Love recessed the meeting at 8:42 P.M. and reconvened the meeting at 8:52 P.M.
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
Engineer Brown stated the plans for the project had not changed, and Hennepin County representatives
continued to finalize right-of-way negotiations.
B. Mayor & City Council
Mayor Love stated he had brought the concerns forward from the Council to the EFD Board. He also
briefly summarized the highlights of the July 21, 2004, EFD Board meeting.
1. SLMPD 2005 Budget Proposals
Administrator Dawson stated the Coordinating Committee of the South Lake Minnetonka Police
Department (SLMPD) met in work session on July 21, 2004, to review budget scenarios for 2005 that
had been prepared by Police Chief Litsey. Committee members preferred to have an opportunity to gain
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some feedback from their city councils before they met at a regular meeting to recommend a budget and
the resulting contributions from the member cities. Three budget scenarios were discussed, each with
some variation within them. This approach was designed to identify what array and levels of services
can be expected as a city council considered what its contribution would be for 2005. In this manner, the
Coordinating Committee would not have to wait for councils to set their funding levels, and then decide
what services could be provided.
Administrator Dawson then explained the three scenarios and associated costs for the City.
Councilmember Turgeon stated she believed the budget should reflect a minimal increase this year only
in order to restore solidarity between the member cities bound by the Joint Powers Agreement.
Councilmember Zerby stated he needed the information presented more concisely in a spreadsheet format
prior to making a decision. Councilmember Turgeon agreed.
Discussion ensued regarding the various scenarios presented and implications of each.
Mayor Love stated he thought the budget was never brought out as an issue itself, rather the issue of the
funding formula continued to be controversial. He stated he believed it would be a long time before the
issues surrounding the budget were restored to previous levels. He stated he was concerned for low ratio
of officers per population currently existing for the SLMPD cities.
Councilmember Turgeon stated it might make more sense to add in the cost of all services to be provided
for the cities by the SLMPD and ask cities to "identify" services believed not important.
Councilmember Garfunkel questioned why an "a la carte" method should be considered as an option for
cities in the next budget cycle.
Mayor Love stated he too wanted to keep the budget low, but questioned whether the level of service was
already too low. He stated he would like to see all parties present at the table and he believed general
support from other cities to return together to the same level of services would be a significant goal.
Councilmember Zerby stated he was concerned for the timing of the schedule for this budget, and stated
it might be prudent to extend the deadline in order to bring all parties to the table to discuss returning to
the same level of service.
12. ADJOURN
Lizee moved, Turgeon seconded, Adjourning the Regular City Council Meeting of July 26, 2004, at
9:42 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recordin2 Secretary
Woody Love, Mayor