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110804 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 8,2004 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; and Finance Director Burton Absent: Councilmember Garfunkel; Engineer Brown and Planning Director Nielsen B. Review Agenda Lizee moved, Zerby seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, October 25, 2004 Zerby moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of October 25, 2004, as presented. Motion passed 4/0. B. City Council Work Session Minutes, October 25, 2004 Turgeon moved, Lizee seconded, Approving the City Council Work Session Meeting Minutes of October 25, 2004, as presented. Motion passed 4/0. C. Canvassing Board Meeting Minutes, November 3, 2004 Lizee moved, Turgeon seconded, Approving the Canvassing Board Meeting Minutes of November 3, 2004, as presented. Motion passed 3/0/1, with Zerby abstaining due to absence at that meeting. 3. CONSENT AGENDA Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required c. Approval of Sign Permit for Crosstown Sign Co. (on behalf of Shurgard Self Storage), 19395 State Highway 7. CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 2 of7 . Motion passed 4/0. 4. MATTERS FROM THE FLOOR Tom Skramstad, 28020 Woodside Road, stated he thought Shorewood was a great city under terrific leadership, and he wanted to personally thank Councilmembers Garfunkel and Zerby for their many years of service to the residents of Shorewood. He wished them well in their future endeavors. 5. REPORTS AND PRESENTATIONS A. Report from LMCD Representative Tom Skramstad Tom Skramstad, Representative of Shorewood and Chair of the Lake Minnetonka Conservation District (LMCD) Board stated he was present this evening to provide a quarterly report on the recent activities of the LMCD. Mr. Skramstad reported on issues pertaining to the Solar Light Buoy Project, Milfoil Harvesting, Phosphorus Sampling, Zebra Mussel Prevention Program, Boat Density and User Attitude Surveys, a Shoreline Storage Count as well as Howard's Point Marina activities. He also reported on several issues, such as the Sheriffs Department Annual meeting, Six Mile Creek, 2005 Board Appointments, Ongoing Licenses and Permits, and Logistics related to cable casting the LMCD meetings. . In response to Mayor Love's comments on milfoil harvesting and phosphorus issues, Mr. Skramstad stated that due to the heavy land development of areas near wetlands, these wetlands were unable to perform their function in nature's cycle. As a result, substantial amounts of phosphorus were ending up in Lake Minnetonka and helping to encourage the growth of many non-native plants such as rnilfoil. While harvesting was not always considered the best method of milfoil removal with the most benefits, it did provide navigational relief for boaters and was considered somewhat effective in reducing the amount of phosphorus in the lake. He also stated he would share Mayor Love's comments regarding the need for additional funding mechanisms for the harvesting, other than funding from the area cities for this program, with the LMCD Board and the Minnehaha Creek Watershed District. Mr. Skramstad also stated, in response to Councilmembers' questions, he would report back on discussions related to additional funding for the fulltime Water Patrol officers at the Sheriff s Annual meeting, as well as discussions regarding a change in the fee structure for Charter Boat Liquor Licensing. Mayor Love thanked him for his thorough reports and attention to detail. He stated he held the City's relationship with Mr. Skramstad as an example to others on good reporting. 6. PUBLIC HEARING There were no public hearings scheduled this evening. 7. PARKS A. Report on Park Commission Meeting Held November 3, 2004 . Commissioner Meyer reported on actions taken and motions considered at the November 3, 2004, Park Commission meeting (as detailed in the minutes of that meeting). . . . CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 3 of7 With regard to the proposed dog park in Carver County, Mayor Love stated he was aware some residents had concerns that formalizing this frequently used park area might actually restrict usage for dog owners, and he questioned whether the Park Commission was still supportive of the idea. Commissioner Meyer explained the majority of the Park Commission remained supportive at this time, since the acreage was of good size, would be unusable for a specific sporting purpose due to the topography, and there was no room within the City to supply a dog park. She also explained it was the understanding of the Commission that a one-time donation to this park would be the request, and that the funds being requested for site development purposes. Councilmember Turgeon complimented Mr. Qualle, the concessionaire at Freeman Park for the Spring/Summer months on a fine job well done in that position. Mayor Love stated he agreed, and complimented Mr. Qualle on his ability to show profitability with the concessions. 8. PLANNING There were no planning matters to report on at this time. 9. GENERALINEW BUSINESS A. LMCC 2005 Budget Presentation by Sally Koenecke, LMCC Administrator Administrator Dawson explained the Lake Minnetonka Communications Commission (LMCC) Board of Directors approved the LMCC's 2005 Budget in August. According to the LMCC Joint Powers Agreement, the majority of the LMCC member Councils needed to review and approve the budget for it to take effect. He then introduced Sally Koenecke, Administrator for the LMCC. Ms. Koenecke thanked Council for inviting her to speak on this issue and also thanked Administrator Dawson for hosting the "The Tonka Report" show quarterly this year on cable. She also thanked the City for televising the Council meetings, and she was also pleased the LMCD would televising their meetings as well. Ms. Koenecke stated she was present this evening to provide a brief overview of the budget. She explained the budget for the LMCC was not funded through tax dollars, but rather a cable company franchise fee paid annually to the LMCC. She also noted funding was received from a PEG (Public, Educational, Governmental) access fee for community use of the production studio for use this year. She then reviewed the budget funds for 2005, noting there would be a slight dip in the fund balance this year due to the need for additional equipment for the television studio. In response to Councilmember Turgeon's question regarding support of the budget despite the reduction in fund balance, Ms. Koenecke stated approximately $300,000 remained in the fund balance, and each year the LMCC Board attempted to keep close to the original fund balance due to potential yearly changes in funding mechanisms from the State legislature. Mayor Love thanked Ms. Koenecke for her report and stated he appreciated the South Lake Minnetonka Police Department and Excelsior Fire District Governing Boards' meetings being cablecast as well. CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 4 of7 . Zerby moved, Turgeon seconded, Approving the 2005 Budget for the Lake Minnetonka Communications Commission. Motion passed 4/0. B. Approval of Certification of Delinquent Charges Administrator Dawson explained the City Code provided for annual certification of delinquent utility bills against the properties served. He stated each property owner may object to this proposed certification of delinquent accounts and as part of the appeal process, may request a hearing in front of the City Council. This year there was one such request from Ronald Johnson, 5355 Shady Hills Circle, and Mr. Johnson was in attendance this evening. At issue was the sump pump surcharge for the property. Administrator Dawson also stated copies of related correspondence with this property owner were submitted for Council review. Mayor Love welcomed Mr. Johnson and asked whether he would like to share the basis for his appeal on this matter. Mr. Johnson stated his appeal was the same as it was last year, and he questioned whether the surcharge was considered just and equitable in his case. He also stated his disappointment the current Council had never bothered to visit his property, and apparently the Council had not bothered to listen to his requests either as he was being surcharged yet again. . Mayor Love stated the record would show the Council did take the time to listen to his case; however, agreement on the case was a different issue. He stated the Council always listened, but did not always agree with Mr. Johnson. Mr. Johnson then reviewed the history of his case regarding the sump pump surcharge and subsequent legal outcomes as a result of lawsuits brought against the City regarding this matter. He stated the sump pump water being discharged onto his land from other properties constituted a taking by the City and he questioned whether the City was going to pay him for the taking of this land or whether it was going to fix the problem causing it. He stated he thought the Council should postpone this matter until the new Council could be seated early next year. Administrator Dawson stated these issues brought forth by Mr. Johnson were not related to this surcharge. Mr. Johnson cited Minnesota Statute 444, noting charges could only be levied if they were just and equitable. He then questioned how these charges could be considered just and equitable in his situation. He stated he thought the City was taking this action because the City did not like him since he continued to bring lawsuits against the City. He questioned what the just and equitable criteria were in this case. Mayor Love stated with all due respect, the correspondence from Mr. Johnson, dated November 6, 2004, was a matter of record in this case. Furthermore, he stated, the Councilmembers were four independent people and did not take dictated actions from him on any matter. . Councilmember Zerby stated Mr. Johnson had created an unwelcome situation by suing him personally in several lawsuits brought against the City, and he would not likely visit Mr. Johnson due to that circumstance. Also, he noted Mr. Johnson had never contacted him either, despite the fact his phone number was listed in several publications and was a matter of public record. Councilmember Zerby also questioned whether the City had specifically requested neighboring sump pump discharge be directed CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 5 of7 . onto his land. He stated he believed this was a matter to be taken up between Mr. Johnson and his neighbor, and not the City. Councilmember Zerby stated Mr. Johnson was also delinquent in his several other fees as well, even though these fees did not directly pertain to the issues presented this evening. Mayor Love thanked Mr. Johnson for his comments presented this evening. Administrator Dawson stated the City had paid all judgments necessary to Mr. Johnson as court ordered. Statutory language in this case provided "reasonable costs" as the standard, and he noted Shorewood's ordinance related to these charges was similar to what other cities were doing as well. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 04-094. "A Resolution Granting Approval of Certification of Delinquent Charges." Motion passed 4/0. C. Planning Commission Appointments Zerby moved, Lizee seconded, Appointing Scott Williams, 5955 Country Club Road, to a position on the Planning Commission for a term ending on February 28, 2005. Councilmember Turgeon questioned whether the City should try to keep a balance of representation from various parts of the City and thought this goal might be better achieved if the other candidate were appointed. She stated she thought both candidates were very well qualified for the position, and she meant nothing personal toward either candidate in asking the question of representation. . Zerby withdrew his motion. Mayor Love stated he believed both candidates very well qualified, and he also liked to see as much geographic representation on Commissions as possible. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 04-095, "A Resolution Making Planning Commission Appointments by Appointing David Meyer to a position on the Planning Commission for a term ending on February 28,2005." Motion passed 3/0/1, with Lizee abstaining. 10. ENGlNEERING/PUBLIC WORKS A. Radisson Road Report Administrator Dawson explained Chuck Rickart ofWSB & Associates, the City's consulting engineering firm, was present this evening to provide a report on the traffic study completed on Radisson Road. This study had been conducted as a result of a petition of local residents who lived on or near Radisson Road who stated that the subject roadway was being utilized as an alternate route to State Highway 7. . Mr. Rickart stated the Origin Destination study had been completed earlier and a report detailing the findings had been submitted to Council for review. The report had concluded there was a high number of cut-through trips on Radisson Road. Mr. Rickart stated he would present four alternatives, along with cost estimates for each alternative, to minimize traffic on the roadway. With regard to the four alternatives presented, Mr. Rickart stated the issues of safety of the roadway and cut-through traffic were components of each of the concepts for these alternatives. To that end, two of the alternatives were considered "safety alternatives" and two alternatives were considered "operations alternatives." CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 6 of7 . The first option presented included reconstructing or widening Radisson Road. The second alternative included the addition of signing and striping improvements. One of the operations alternatives included closing street access points along the roadway and the final alternative included designating portions of the roadway as a one-way street. Cost estimates for these alternatives ranged from $40,000 to $2,000,000.00. Mr. Rickart explained the next step in this project would be to hold a public meeting with residents in that area to gather input regarding which alternative posed would be suitable for that area. A final report would then be generated and shared with Council prior to implementation of whatever alternative was deemed suitable. Councilmember Turgeon expressed surprise and concern for the significant costs associated with some of the alternatives for remedy of this situation. She stated she did not think striping and signage would provide any significant relief to the situation, but she was curious to hear residents' input on the roadway closure and one-way designation for the roadway. Councilmember Zerby agreed, noting it would be interesting to see a blending of alternatives three and four to determine how costs would be impacted for such a project. Mayor Love agreed with the Councilmembers, and stated he had recollections of these alternatives being discussed by residents at a "neighborhood walk" early in the review process for this roadway. He then thanked Mr. Rickart for his report. . B. Accept Bids and Award Contract - County Road 19/Country Club Road/Smithtown Road Intersection Project Don Sterna, of WSB & Associates, explained that this item had been continued from the October 25, 2004, Council meeting in order to allow staff an opportunity to address financing issues that had unexpectedly arisen as a result of communications from the MnDOT State Aid Office. Since that time, the State Aid Office had been able to make available the $800,000 advance funding that the City had planned to use in order to complete the County Road 19 mtersection Project. m addition bids were relieved and opened on Wednesday, October 20, 2004, for this project. Eureka Construction, me., submitted the lowest responsible bid in the amount of $3,566,322.45. Councilmember Turgeon stated she was experiencing "sticker shock" regarding the total cost for this project. She stated she was quite concerned that the original estimates included three years' worth of the City's Municipal State Aid monies, and now the project necessitated inclusion of six years worth of MSA dollars. She stated it was very unfortunate this increase had taken place and no construction had yet occurred. Mayor Love stated he was pleased to see the partnering efforts in governmental units in order to achieve completion ofthe project. He noted there was an obvious need for the project and he believed all persons traversing the roadway would be pleased with the efforts of all in this matter. . Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 04-096. "A Resolution Accepting Bid and Awarding Contract for the County State Aid Highway 19- Smithtown Road Intersection Improvement Project." Motion passed 4/0. . . . CITY COUNCIL REGULAR MEETING MINTUES November 8, 2004 Page 7 of7 , In response to Councilmember Turgeon's question, Mr. Sterna explained all right-of-way access had been secured at this point in time. Mayor Love thanked all parties involved in bringing this project forward. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Construction Update Administrator Dawson stated there was nothing further to report on this topic at this time. He also noted the City offices would be closed on Thursday, November 11, 2004, due to the Veteran's Day holiday. B. Mayor & City Council Mayor Love reported there would be a meeting for all Councilmembers of the member cities of the Excelsior Fire District on November 3 and November 10,2004, to hear a presentation on the Excelsior Fire District Firefighters' Relief Association pensions and funding mechanisms. All Councilmembers were strongly encouraged to attend. 12. ADJOURN Lizee moved, Zerby seconded, Adjourning the November 8, 2004, Regular City Council Meeting at 8:28 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary / ~ <'~ / / /l( / (j; I / ~ ; Y------ Woody Love, Mayor