Loading...
080904 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 9, 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 7:02 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 Absent: None B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Councilmember Turgeon requested Item 7B, An Appointment to the Park Commission, be added to the Agenda for the evening. Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES ,A. City Council Regular Meeting Minutes, July 26, 2004 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of July 26, 2004, 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 B. Adopting RESOLUTION NO. 04-063, "A Resolution Appointing 2004 Primary and General Election Judges." C. Adopting RESOLUTION NO. 04-064, "A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for Bituminous Overlays Project, City Project 04-06." D. Adopting RESOLUTION NO. 04-065, "A Resolution Accepting Bids and Awarding Contract for the Shady Island and Birch Bluff Station Rehabilitation Project, City Project 04-03." E. Approval of the Second Amendment to the Lease with the Friends of the Southshore Center F. Adopting RESOLUTION NO. 04-066, "A Resolution Approving the Final Plat of Smith Manor Park." CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 2 of7 . G. Approving a Sign Permit Request for South Lake Minnetonka Police Department, 24150 Smithtown Road Motion passed 5/0. 4. MATTERS FROM THE FLOOR Wong Van, 24710 Amlee Road, stated he was present this evening to once again ask for additional police patrol along County Road 19 in the vicinity of the LRT trail crossing due to reckless driving taking place in recent months. He also stated he wanted to remind the City of the need for notification of the trail crossing issue being placed on a City Council Meeting Agenda in the future. Administrator Dawson stated the City had notified South Lake Minnetonka Police Department Chief Litsey of the request for additional patrol after the most recent Regular City Council meeting. Engineer Brown explained he had contacted Bob Byers, of Three Rivers Park District. Mr. Byers stated Hennepin County was indeed willing to install signage at the crossing, but was not willing to fund and install a flashing warning signal. Mr. Byers had also stated the County would be willing to stripe the crossing once, however, the City would then be required to maintain the striping of the crossing for the future. Engineer Brown stated he was awaiting a written response from Chief Litsey and Mr. Byers on this issue. He also noted Mr. Byers was an employee of the Three Rivers Park District and not Hennepin County Department of Transportation; however, efforts were continuing on the issue. . In response to Councilmember Lizee's question, Engineer Brown stated signage does not change the status of a crossing regardless of whether that crossing is a pedestrian crossing on a City street or otherwise. He also questioned whether additional hazards would be placed for motorists if they had to stop for pedestrians crossing County Road 19 to utilize the trail. He stated he was continuing to work through the appropriate communications processes; however, it was a bit confusing at this point. He stated he would provide a report as part of the August 23,2004, Regular City Council Meeting Agenda. 5. REPORTS AND PRESENTATIONS A. Community Rec. Resources Quarterly Report Engineer Brown reported Community Rec. Resources (CRR), the City's consultant for Park Coordinator services, continued to provide excellent services. He summarized a report submitted by the firm noting there had been increased communication with sports organizations due to the inclement weather of spring. He also stated there continued to be some difficulty in obtaining completed documentation from sports organizations prior to field usage, and additional processes were being considered to mitigate those concerns. In addition, Engineer Brown stated CRR had held the Fall Information Meeting on June 21,2004. Mayor Love thanked him for a good report, and noted while two years ago he had been hearing concerns for field use, and he was no longer hearing those same concerns. He thanked CRR and City Staff for efforts given toward mitigating those concerns. . B. Request for Funding Support for the Southshore Senior/Community Center Joyce Flury, Director of the Southshore Senior Community Center, stated she was present this evening to clarify any questions Council may have had regarding a letter requesting funding for the Southshore Senior Community Center from the City in its 2005 Budget. She then reviewed funding sources for the Center and its programming. CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 3 of 7 . Councilmember Zerby questioned why the proposed budget figures for the Center showed operating at a deficit for 2005. Ms. Flury explained additional funding would typically be received from United Way to cover the cost of the deficit; however, the exact amount was uncertain until it arrived. Mayor Love thanked her for being present this evening with her request. 6. PUBLIC HEARING There were no public hearings scheduled this evening. 7. PARKS A. Report on the Park Commission Work Session of July 27, 2004 Engineer Brown reported on matters considered and actions taken at the Park Commission Work Session Meeting of July 27,2004 (as detailed in the minutes of that meeting). B. An Appointment to the Park Commission . Administrator Dawson explained interviews for filling a vacancy on the Park Commission had taken place earlier in the evening at a Special Meeting for this purpose. He stated Council had recommended Todd Wagner of Oak Leaf Trail to fill a vacant Park Commissioner seat for a term to expire on January 31,2006. Lizce moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-067, "A Resolution Making a Park Commission Appointment." Motion passed 5/0. 8. PLANNING Commissioner Conley reported on matters considered and actions taken at the August 3, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Conditional Use Permit - Two Houses on One Lot (Temporary) Applicant: Gretchen Sebald Location: 20625 Garden Road Director Nielsen explained the history of the request, noting in February of 2000, Chris and Gretchen Sebald, 20265 Garden Road, were granted a conditional use permit allowing them to leave their existing home in place while they constructed a new home on the property. The Sebalds did not use the C.u.P. within one year and it had since expired. They had now decided to go forward with the project and had requested that the C.U.P. be approved once again. . He went on to explain the history of the case and noted the issues associated with this request remained the same as in the original report. Director Nielsen stated the subject property was zoned R-IA, Single- family Residential and contained 44,885 square feet of area. The property was currently occupied by the Sebalds existing house and two detached garages. They intended to live in the existing house while a new home was being built. Once the new house was completed, the old one would then be demolished. The two garages located on the east side of the lot were both nonconforming. The southerly garage extended over the east property line, and based upon the proposed site plan, the northerly one would be removed. Director Nielsen also explained that the applicant's were informed that the garage either needed to be removed or brought into conformity with the current Zoning Code. Director Nielsen concluded by CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 4 of7 . stating approval was recommended subject to the conditions previously imposed in the original request for c.u.P. Director Nielsen also stated the resolution for this matter should show a deadline for removal of May 31, 2005. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 04-068, "A Resolution Granting a Conditional Use Permit for Two Dwellings on One Lot for Chris and Gretchen Sebald." Motion passed 5/0. B. Site Plan Approval- Shorewood Village Center Entrance Director Nielsen explained representatives of the Shorewood Village Shopping Center had requested site plan approval to reconfigure the Center's southeast entrance near the intersection of State Highways 7 and 41. At present, this entrance was intended to be a right-in only, with the main entry/exit to the site west of the intersection, directly in front of the CUB Foods store. He noted the southeast entrance had confused motorists and posed safety problems when traffic attempted to exit the site from that location. Signage had proven relatively ineffective in preventing people from exiting there. In addition to improving the safety of the site, the Center had hoped to provide a more convenient entry and exit for the east side of the Center, particularly since there was an intention to locate a drug store on the property in that area in the near future. . He noted there remained issues of concern with regard to circulation and traffic flow in the Center, and a number of complaints had been received regarding how the intersection worked since the Center had been completed. The developer had hired a consultant who had submitted plans to the City for a revision to the entrance. Director Nielsen then reviewed the proposed plan with Council for reconfiguration of the entrance. The City had also requested WSB & Associates review the proposed plan and after review, had suggested more a "T" -style design to the entrance. He went on to explain additional signage would also need to be posted in the area of the proposed entrance, noting there would be a right turn only onto westbound Highway 7 as well as signage noting incoming traffic would not stop. Director Nielsen also explained the Planning Commission had reviewed the proposal and had suggested other options. Those suggestions were currently under review by WSB. Engineer Brown stated his concern that representatives of MNDOT had rejected a design of this style previously, as they had believed it to be ineffective, particularly in the enforcement of the prohibition of exits from the site. Director Nielsen also stated MNDOT was no longer holding authority over the site since the service road maintenance had been returned to the City. Councilmember Turgeon stated she was concerned for people trying to get onto Highway 41 who would be forced to remain in the intersection queuing area due to motorists wanting to access the proposed southeast entrance. She also stated she was concerned for the ineffective signage currently posted in that area, and questioned whether additional signage would be beneficial. Director Nielsen explained signage placed in the area around the Center was consistent with street signage regulations. Discussion ensued regarding the logic of the traffic flow patterns in the area of the Center and how it related to the proposed entrance. . Turgeon moved, Lizee seconded, Approving the Site Plan, subject to Engineer's Review of Final Plans and Specifications, and Council review of Final Plans and Specifications. Motion passed 5/0. C. Tax-Forfeit Property Director Nielsen explained Hennepin County had informed the City that a parcel of land had come up for tax forfeiture. This parcel was part of the Water's Edge 4th Addition, a four-lot subdivision located at CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 5 of7 . . . Manor Road and Vine Street. The parcel was actually under water and constituted a large portion of "Foot Lake," which was not a lake, but a wetland. This parcel was supposed to have a conservation easement placed on it as part of the final plat for Water's Edge. However, there was no record that such an easement was recorded. He went on to explain this was an opportunity for the City to take ownership of conservation open space, and was considered to b every consistent with the City's Land Conservation and Environment Committee report directed toward acquiring land for open space purposes. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 04-069, "A Resolution Making Application for Conveyance of Tax-Forfeited Lands for Public Purposes." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Yard Waste Service Administrator Dawson explained at the April 12, 2004, Work Session meeting, Council had discussed yard waste disposal options for Shorewood residents. Council discussed the options presented at that meeting and concluded the City would provide a spring clean-up service for yard waste in 2004; but would not provide a fall clean-up service in 2004 and also would not provide a spring clean-up service for yard waste starting in 2005. Councilmember Lizee stated she thought the yard waste service was beneficial to City residents, and she did not wish to see the service lost at this time. Administrator Dawson explained specific yard waste collection services were available to residents through their refuse haulers. Also, historically, it was difficult to determine when the appropriate time for collection would be each fall since "leaf drop" varied each year; thus, the service was not cost- effective for the City to provide. Council affirmed yard waste services would not be provided by the City for the Fall Clean-up in 2004. 10. ENGINEERING/PUBLIC WORKS Engineer Brown stated he would cover engineering issues of concern in the next item on the Agenda. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Project Engineer Brown explained bids had been obtained and opened for the County Road 19 project, and there were a number of overages, specifically the project "came in" 33% over estimated cost. WSB & Associates had calculated cost split totals for all parties involved in the project. He stated further review would continue and revenues were being examined to allow the project to move forward. He also stated Staff was meeting with County officials and WSB to determine additional funding sources for the project, and he would report back at the next Regular City Council meeting. He also reported an informational Open House meeting had been held on August 4, 2004, regarding storm water issues within the City. Comments were continuing to be received via emai1 and regular mail, and would be collected for historical documentation and prioritization purposes. Also, another Open <, CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 6 of7 . House meeting had been held regarding the Timber Lane Watermain project and feedback continued to be received by City Staff regarding support for City water in that area. He would report back on these matters at the next Regular City Council meeting as well. B. Mayor & City Council 1. Mayor's Report on SLMPD Coordinating Committee Mayor Love explained at the August 4, 2004, meeting of the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee, the Excelsior City Council had forwarded a proposal to address concerns it had with the Joint Powers Agreement (JPA) for the SLMPD. Administrator Dawson summarized the highlights of the proposal including the idea that Excelsior would pay the pro-rata share remaining in its contribution to receive "enhanced" services provided to the other member cities, but it would not amend its official contribution for 2004. Also, a panel would be appointed with two members from each member city, with no more than one councilmember appointed, and no mayor appointed. A mediator would then work with the Panel. The Panel would evaluate a number of issues including potential conflict resolution mechanisms to be placed within the JP A; governance of the SLMPD; mechanisms for oversight and accountability of SLMPD; the propriety of the current operating budget funding formula; and any other issues any party may have regarding the long- term viability of the JP A. This Panel process would be concluded by November 30, 2004, and would then be forwarded to the member cities for review. He further explained the City of Excelsior requested the member cities review and respond to this proposal. . Mayor Love stated he believed accountability issues would be resolved through televising the meetings, and he further believed binding arbitration would be the best way to resolve issues for member cities. He stated while the funding formula was not perfect, it was good, and every City should have the opportunity to present what was best for that city. Councilmember Turgeon believed the use of residents in the process was a good one; however, she was quite concerned for implementation of the proposed Panel, as elected officials had gotten thus far in the process and should be expected to resolve issues remaining. She also stated elected officials were required to meet in public meetings and a panel such as this one may not have to do so. Furthermore, she did not believe any City would wish to waive its right to participate in the process of resolution, although it was very obvious the dynamics of the Coordinating Committee would not allow resolution to take place. To that end, she proposed the current Coordinating Committee members step aside and allow their alternates to participate. These alternates were fully aware of issues of concern and would be able to bring resolution by the November deadline. Councilmember Garfunkel stated the resolutions presented would still need to be approved by member Councils and he did not see the dynamics changing enough to allow that to happen. He further stated the real issue was, and continued to be, the funding formula for each member cities' contribution. Mayor Love stated while he did not disagree, he believed it important to make the budget whole and separate that idea from funding formula issues that continued to cloud discussions. He stated he would like to see a joint meeting of member Councils to attempt to bring resolution to these issues. He also stated no divisiveness was found in the Coordinating Committee members; however, there remained four . Councilmembers in Excelsior that dissented in making the budget whole. Councilmember Garfunkel stated a Joint meeting of the Councils had taken place and no one capable of bringing resolution would allow discussion on the real issue of the funding formula. r~, '. .. CITY COUNCIL REGULAR MEETING MINUTES August 9, 2004 Page 7 of7 . . . Mayor Love stated he was very willing to look at the formula, but also wanted to look at equity between cities. Utilizing an ad valorem funding mechanism was but one option to consider, noting utilization of this formula and other options could force increased contributions for all cities. Councilmember Zerby questioned whether there were other JP A' s in the State or Country that could be examined for funding ideas. Administrator Dawson stated there were few in the State; most of them were utilized for contractual agreements of services and equipment. There were very few in the United States as well. Mayor Love renewed his request for all Councils to participate in a joint meeting to discuss resolution with binding arbitration available as part of that resolution. Councilmember Turgeon stated she thought the City of Excelsior needed to provide more identifiable items of concern prior to the resolution process taking place. She stated she thought Excelsior should either participate in the JP A wholeheartedly or remove itself from it. She believed all member cities were willing to waive the additional $25,000 payment from Excelsior as all parties seemed willing to participate in resolution at this time, it was time to move forward with binding resolution. Mayor Love stated he thought the Coordinating Committee viewed matters similarly and efforts were being directed at providing public oversight to manage the issues related to resolution so that budgetary efforts could move forward. He stated he would report comments heard this evening to the Coordinating Committee at the next available opportunity, and he thanked Council for their continued support. 12. ADJOURN Zerby moved, Turgeon seconded, Adjourning the August 9, 2004, Regular City Council Meeting at 8:37 P.M. Motion passed 5/0. RESPECTFULLYSUBNUTTED, Sally Keefe, Recording Secretary