121304 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 13, 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; Associate City Attorney Mayeron for Attorney Keane; Engineer Brown;
Finance Director Burton and Planning Director Nielsen
Absent:
None
B.
Review Agenda
Zerby moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A.
. City Council Regular Meeting Minutes, November 22, 2004
Zerby moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of
November 22, 2004, as presented. Motion passed 5/0.
B. Truth-in-Taxation Meeting Minutes, December 6, 2004
Garfunkel moved, Zerby seconded, Approving the Truth-in- Taxation Meeting Minutes of
December 6, 2004, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Zerby moved, Garfunkel 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.
City Clerk's License Approvals
1. Adopting RESOLUTION NO. 04-099, "A Resolution Approving Licenses
for Refuse Collectors."
2. Adopting RESOLUTION NO. 04-100, "A Resolution Approving Licenses
for Tree Trimmers."
3. Therapeutic Massage
REGULAR CITY COUNCIL MEETING MINUTES
-' December 13, 2004
Page 2 of 12
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D.
Approving Year 2005 Agreements for Animal Control and Animal Impound
Services
E. Adopting RESOLUTION NO. 04-101, "A Resolution Authorizing the Mayor and
City Administrator to Extend the EPDB Conditional Use License Agreement with
Hennepin County."
F. Authorizing the City Administrator to Enter into an Agreement for Computer
Network Services for the Year 2005
G. Authorizing Services for the 2004 Audit
H. Property and Liability Insurance Renewals
I. Adopting RESOLUTION NO. 04-102, "A Resolution Approving Change Order 4
for the Smithtown Road Reconstruction Project and Revising Amount of the Final
Contract, City Project NO. 01-07, S.A.P. 216-101-03."
J. Sign Permit - Barrington
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
. Doug Dahl, 25515 Park Lane, stated he was present this evening to represent the Shorewood Pond
Homeowners Association. He suggested the City consider a reduction in the minimum quantity residents
were asked to pay for in municipal water rates slated for 2005. He explained many residents in the
complex, which is for seniors, used far less than the 10,000-gallon minimum usage rate proposed.
Further, he stated, residents of the Shorewood Pond Association believed with no reduction in the
minimum usage rate, it seemed as though others' water needs were being subsidized. He also suggested
that with a reduction to 7,000-gallon minimum usage rates, residents that were really using the water
would be paying for it.
Finance Director Burton explained that the increased proposal was an increase in the minimum usage rate
and would affect the minimum fee. She noted the City's municipal water rate would be competitive with
other municipalities after this increase. In addition, the City offered a discount program for low-income
seniors. Anyone interested in this program should contact City Hall.
Mayor Love thanked Finance Director Burton for the clarification of this issue, and stated the Council
appreciated the efforts to bring this issue forward.
5. REPORTS AND PRESENTATIONS
A. Gideon Glen Plant Restoration Plan
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Administrator Dawson introduced Jim Hafner of the Minnehaha Creek Watershed District; Dale Claridge
of Wenck & Associates, Inc.; and Peter MacDonagh, and Sean Jergens, of the Kestrel Design Group.
The Kestrel Group was the team of experts primarily responsible for the planting plan design as part of
the Gideon Glen Restoration project.
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REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
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Mr. Claridge explained the Gideon Glen site was comprised of 5.8 acres. There are four components of
the project. He noted the first component was related to water quality in the area. He explained there
would be a grit chamber and stormwater pond runoff. The second component of the project was the
wetland restoration project. With regard to this component, he stated the plans and specifications of this
project were slated to be bid later this month. The restoration plan for the project would allow for the
enhancement of 0.6 acres of degraded wetland. A third component included preservation of the maple
basswood forest on the site. The fourth component was the public education piece including an
interpretive trail and scenic overlooks with information kiosks for educational purposes. All parties
present this evening had been working together with WSB & Associates to coordinate the plans for the
pond on the site as part of the County Road 19 project.
Administrator Dawson explained Mr. MacDonagh, adjunct professor at the University of Minnesota in
the landscape department, was also a part of the Kestrel Design Group.
Mayor Love stated he had the pleasure of working with Mr. MacDonagh on an earlier project, and asked
Mr. MacDonagh to explain the rationale behind the plantings for the project.
Mr. MacDonagh briefly explained a wetland had been delineated, as well as a black ash swamp identified
that was considered a rarity in the area. The current excavation had occurred to increase the capacity of
the basin on the site. Native species would be utilized in the plantings.
Mr. MacDonagh went on to explain the wetland swamp area had been filled in over time. In addition,
thirty to ninety percent of the swamp area on the site was considered a rare black ash swamp. The
swamp had standing water with some open basin areas. Few native species remained and there were
several black ash trees on site. There were also several areas that were full of invasive plants that would
need to be removed.
Mr. Jergens then went on to explain their restoration goals and plans for the project. He stated one of the
first goals would be to eliminate the invasive non-native plants. Also excavation and disposal of twelve
inches of topsoil was part of the plan. It was important, not only to remove the topsoil but also to dispose
of it offsite so that the seeds of invasive plants would be removed from the area. Native plants and
shrubs would be planted in clusters near the black ash trees. Trail overlooks with additional plants,
wildflowers, and grasses would also be incorporated into the project. Bare root shrub plantings would be
utilized in the wetland area since these shrubs would spread and colonize in the wetland area.
Mr. MacDonagh stated he was part of the final review process working with the Minnesota Department
of Transportation on its seed mix varieties. The seed mix to be utilized in the restoration project would
include switch grass, prairie cord, goldenrod, asters, and numerous other species of grasses and
wildflowers. He estimated it would take approximately one to two growing seasons for the entire project
to begin to fill in and resemble a natural area.
Councilmember Turgeon questioned whether any additional landscaping, such as large evergreen trees or
other large deciduous trees were to be utilized in the project to shield the view to the southeast that had
been exposed upon removal of the non-native plants.
Engineer Brown explained there was a need to provide an access road for maintenance of the grit
chamber for the pond as well as providing access to the carpet store on the southeastern edge of the
project. While he remained uncertain as to whether mature plantings were planned in that area, he
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 4 of 12
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explained the property owners on the southern edge were contacted regarding an easement to allow for
placement of such trees along the southerly boundary. He also explained that many people incorrectly
assumed the maple and basswood forest was in the area where the land had been cleared for the pond. ill
actuality, the maple and basswood forest designated for preservation as part of the project was located
west of the interpretive trail, pond, and wetland.
In response to question by Mr. MacDonagh, Mr. Hafner stated this project was a cooperative project
between all parties present this evening and the Minnehaha Creek Watershed District (MCWD). He
noted the MCWD's role was to provide design advice on the pond and wetland portion of the site. He
noted the easterly side of the site was under the jurisdiction of the City and the County; however, the
MCWD would return in the spring to check the site after the restoration had taken place to ensure the
water quality measures had been handled appropriately.
In response to Mayor Love's question, Mr. Hafner explained there had been a "safety shelf' provided in
the pond to be aesthetically pleasing and also to provide additional water. He noted many times people
became alarmed at the size of excavation area needed for the pond as it looked larger once excavation
began than it would actually resemble upon completion. A flat slope was needed in this plan to allow for
appropriate vegetation to grow and for the pond to function appropriately.
Councilmember Lizee suggested the MCWD contact Grade 5 teacher, Mrs. Lisa Numerich, of
Minnewashta Elementary School, since she had been very actively involved in the Wetland Watch
program in the schools, and could provide excellent educational information on the project if needed.
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Councilmember Zerby expressed concern for the pond being placed so far back from the road, and the
subsequent tree removal as a result of that placement. He stated it would be helpful to replant several
trees between the pond and the roadway in effort to buffer the site.
Engineer Brown explained the pond had to be placed as it had been due to the proximity to the
maintenance roadway, store and overall site plan. He noted there was approximately 25 feet of fall in the
topography between the road and the pond. There was also concern for erosion along the ditch area on
the site as well as providing a safe effective slope for plant growth. Often developers questioned him
regarding additional placement of excess trees on residential home sites in the City, and he believed
many of these trees could be added in this area once the project was complete.
Mayor Love stated he thought it important to review the site annually for necessary improvements. In
addition, the MCWD's stewardship in numerous similar projects was outstanding. He noted there were
several projects, such as Cedar Meadows in St. Louis Park, and the Nokomis project near Lake Nokomis
in Minneapolis, that began in much the same fashion. Mayor Love encouraged residents concerned
about the stark nature of the project currently to visit these sites in the spring to see the beautification
results ofthose areas. He noted these projects were eight to ten years old and would provide evidence of
the MCWD's efforts to renew and revitalize areas such as Gideon Glen.
Discussion ensued regarding the scope of the project and mitigation of related drainage Issues In
surrounding neighborhoods.
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Enginee~ Brown explained this project would most likely help the Harding Lane neighborhood that had
been experiencing drainage issues in the past. He also noted while this project would help, it would not
alleviate the problem as effectively as the stormwater system proposed by City Staff and declined by area
residents. He also stated the trees removed as part of the Gideon Glen project were part of the original
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REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
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plan that had been approved by Council, and this was not a case where the contractor had been given any
leniency toward tree removal on the project.
Councilmember Zerby stated he remained concerned as there had been no evidence of this part of the
project taking place prior to the clearing of the trees.
Engineer Brown stated, in response to Councilmember Zerby's question, that the City had gone beyond
the normal process to have surveyors working on site for two days to provide survey work and staking of
each tree to be preserved before the project began for the sediment pond and wetland restoration portion
ofthe proj ect.
Councilmember Zerby stated he was glad to learn the topsoil on the site would be removed.
Mr. MacDonagh stated the wetland pond would have a two-year maintenance component as part of the
bidding for the project as the contractor would be better suited to understand the problematic areas on the
site if the maintenance component was bid.
Mayor Love, on behalf of the Council, thanked all parties present for their efforts in making the project a
great success.
6. PUBLIC HEARING
There were no public hearings this evening.
7.
PARKS
A. Revised Park Priority Policy
Engineer Brown explained representatives of Community Rec. Resources, the City's consulting service
providing Park Coordinator services, had on several occasions indicated a need for revisions to the Park
Priority Policy in order to clarify the documentation collection process and strengthen enforcement issues
associated with this process for park users. He noted these changes would help to streamline the logistics
of the document collection process as the information, as proposed, would be available on line and sports
organizations wishing to secure dedicated field time would have an opportunity to receive their season
schedule at the sports information meetings held seasonally each year. He went on to explain the Park
Commission, City Staff, and Community Rec. Resources Staff had increased the responsibility of each
organization through the revised policy to submit all completed documentation to the City prior to any
field use. He noted sports organizations had been informed of the increased responsibility throughout the
past sporting seasons, and this year the full weight of enforcement would be placed behind the Park
Priority Policy. Engineer Brown stated Community Rec. Resources had done an exceptional job of
providing a documentation collection process as defined in Section 6 of the Park Priority Policy.
Engineer Brown stated, in response to Councilmember Zerby's question, that mailings would be
distributed to all sports organizations to make them aware of the changes to the process. Councilmember
Zerby also suggested signage be placed in the parks directing requests to City Hall to follow this process
as outlined.
Zerby moved, Turgeon seconded, Approving the Revised Park Priority Policy as presented.
Motion passed 5/0.
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8.
PLANNING
Commissioner Gagne reported on matters considered and actions taken at the December 7, 2004,
Planning Commission (as detailed in the minutes of that meeting).
A. Minor Subdivision
Applicant: Lecy Bros. Construction
Location: 5830 Minnetonka Drive
Director Nielsen stated Lecy Bros. Construction had purchased the property located at 5830 Minnetonka
Drive and proposed removing the existing house on the property and subdividing the lot into two
building sites. He noted the property was zoned R-IC, Single-Family Residential and contained 42,409
square feet in area. The proposed lots would be 22,249 square feet and 20,160 square feet in area.
With regard to analysis of this case, both of the proposed lots complied with the requirements of the R-
lC zoning district, and building pads complied with setback requirements. According to the applicants'
survey, one sanitary sewer service was available to the existing lot, and service would be extended via an
easement to the northerly ofthe two lots. A new service would then be installed into an existing manhole
in front of the property. Director Nielsen recommended the minor division be approved subject to
several conditions as stated in the draft resolution for this case.
Council had no questions regarding this case.
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Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-103, "A Resolution
Approving a Subdivision of Real Property for Lecy Bros. Homes." Motion passed 5/0.
B. Zoning Ordinance Text Amendment - Signs in C-1 District
Applicant: Shurgard (Formerly Minnesota Mini-Storage)
Location: 19545 State Highway 7
Director Nielsen explained the applicant had purchased the two Minnesota Mini-Storage properties
located near Highway 7 and Vine Hill Road. Upon making application to change the signage to reflect
the new ownership, it was discovered the existing signage on the westerly site at 19545 State Highway 7
did not comply with the current C-l, Neighborhood Commercial, zoning of the site.
Director Nielsen then went on to explain the applicants had applied for an amendment to the C-l Zoning
District requirements that would allow them to keep the same amount of signage as currently existed. He
then explained the history of the site, noting the original Minnesota Mini-Storage was constructed in
1983. h11985, the City Zoning Code was recodified including an ordinance that reduced the amount of
signage allowed in the C-I District. Signs in existence on the site were allowed to remain non-compliant
due to the history of the site. He also stated the proposed freestanding sign for the westerly site would
contain 56.4 square feet of area.
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When evaluating a request to change the Zoning Code, Director Nielsen stated it was important to
consider the effect the amendment would have on adjoining properties, not only for the subject site, but
for all similarly zoned properties. h1 this case, the subject site was the only property zoned C-I, and very
likely to be the only one so zoned. He also stated the property was sandwiched between C-3, General
Commercial property to the east and the Waterford P.U.D. district to the west. Both of these districts
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REGULAR CITY COUNCIL MEETING MINUTES
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allowed more signage than what was currently allowed in the C-l District. He noted it seemed
reasonable that this site should be subject to the same requirements as the two adjoining districts.
Instead of being limited to 36 square feet, the property would be allowed signage equal to 10 percent of
the area of the building silhouette, as viewed from the street. Since this property was a corner lot, and in
order to prevent an extraordinarily large sign, he stated, the amendment could specify that only one side
of the site could be used for calculating sign area.
Council had no questions regarding this case.
Garfunkel moved, Zerby seconded, Adopting ORDINANCE NO. 410, "An Ordinance Amending
Section 1201.03, Subd. 11.e.(2). (C-1 Signs) ofthe Shorewood Zoning Code." Motion passed 5/0.
C. Zoning Ordinance Text Amendment - P.U.D. Permitted Uses and Size
Director Nielsen explained the rationale for the Zoning Text Amendment as proposed, including the
language changes proposed related to Planned Unit Development (P.U.D.) uses and size. He noted the
Comprehensive Plan suggested that if the current property owner discontinued use of the site, it would be
acceptable for some sort of mixed use development. With regard to the intent of the current section of
the Zoning Code, Staff had discovered all uses allowed in a P.U.D. would be considered and the ones
found acceptable would then be included in a development agreement for the project. Director Nielsen
stated the proposed amendment clarified the language of the section of the Zoning Code as well as
lowering the required land area from twenty acres to four. He also noted the Planning Commission had
unanimously recommended approval of the amendment.
Zerby moved, Garfunkel seconded, Adopting ORDINANCE NO. 411, "An Ordinance Amending
Section 1201.25 Subd. 2. (P.U.D.-Permitted Uses) of the Shorewood Zoning Code." Motion passed
5/0.
D. Reconveyance of City-Owned Property
Director Nielsen explained in June of this year, the City agreed to exchange a parcel of City-owned
property for some land owned by Mr. Francis Zucco on Enchanted Point. As it turned out, the City
property had been acquired through tax forfeiture, and the State would not allow it to be conveyed to a
private party. The State was willing to allow the conveyance, provided the State received the assessed
value of the subject parcel. Mr. Zucco's representative had agreed to pay this amount in order to
complete the transaction.
Bill Zucco, representative for Mr. Francis Zucco, was present, and stated he would like to move forward
in this matter as soon as possible.
Garfunkel moved, Zerby seconded, Adopting RESOLUTION 04-104, "A Resolution Approving
Subdivision and Combination of Real Property." Motion passed 5/0.
9. GENERAL/NEW BUSINESS
A. South Lake Minnetonka Police Department matters
Administrator Dawson explained during the week of November 29, 2004, there were discussion about
ways to make progress on matters of disagreement on the South Lake Minnetonka Police Department
REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 8 of 12
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(SLMPD) and the Joint Powers Agreement for the SLMPD. It had been hoped there would be agreement
between the SLMPD Coordinating Committee and the Excelsior City Council such that the Committee
would not need to identify different levels of service for 2005. Administrator Dawson noted that had not
come to pass. Throughout the previous weeks of November, there had been correspondence sent to the
Coordinating Committee from the City of Excelsior, as well as a separate proposal from the Operating
Committee (comprised of the city managers/administrators ofthe member cities).
Since that time, there discussions among various officials, with indications of possible agreement to
proceed with an earlier Excelsior proposal to contribute $416,400 for 2005 SLMPD operations, and to
make a supplemental payment of $26,159 for services in 2005. Combined, the total would equal the
funding needed for the SLMPD's recommended 2005 budget. The Coordinating Committee's
acceptance of this proposal would be contingent upon Excelsior's agreement with the Operating
Committee's proposal. With these two pieces, all of the SLMPD area would receive the same level of
service and the process regarding dispute resolution could begin to progress quickly.
Administrator Dawson summarized correspondence from the Excelsior City Council, the SLMPD, and
Operating Committee, all designed to bring the issues of disagreement to a resolution process. Various
factors were considered unacceptable by the City Council of Excelsior and discussions were unable to
progress as hoped.
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Mayor Love stated the Coordinating Committee had reviewed the proposal submitted by the Operating
Committee and believed it would be beneficial to all parties involved in this disagreement. He also noted
representatives of the area communities indicated a willingness to meet to work out the disagreement
with the City of Excelsior and were rejected.
Councilmember Turgeon questioned how the efforts of so many people wishing to move forward to bring
resolutioJ? could fail so miserably if all parties involved were focused on resolution, as evidenced by the
City of Excelsior' s offer to may payments as appropriately indicated in the budget.
Administrator Dawson stated the Excelsior Council did not want to see discussions extend into the
middle of next year. Also, the Excelsior Council wanted specificity on issues requiring resolution, and to
take the lead on defining issues for discussion by year-end.
Councilmember Turgeon expressed frustration in this matter, noting it did not appear the issues of
disagreement were related to money as indicated previously by the City Council of Excelsior, since the
City was willing to contract with other more expensive agencies for police services. She stated it was
clearly time for all parties to work toward and through the resolution process with honesty and integrity
until the issues could be completely resolved.
Mayor Love stated a meeting had been held with the Coordinating Committee on December 3, 2004,
regarding this matter, and he believed strongly that all Councils' issues should be allowed to be part of
the resolution process, as the spirit of the Joint Powers Agreement had included the member cities' spirit
of cooperation. He questioned SLMPD Chief Litsey, seated in the audience, about how long it would
take for full service to be restored for all member cities. Chief Litsey responded full service could be
restored on the next shift of police service once resolution and payments were received by each member
city.
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December 13, 2004
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Councilmember Turgeon stated she could not understand why the City Council of Excelsior had chosen
to balk at the proposed process as outlined by the Operating Committee, as it was a fair process with
inclusion of a professional facilitator.
Mayor Love stated one member of the Excelsior City Council had indicated comfort with a multilevel
service approach for the SLMPD budget. Councilmember Turgeon questioned how the intent of the Joint
Powers Agreement could be served without full support of all its Councils. She also requested the City
of Excelsior provide very specific reasons for not accepting the Operating Committee's proposal as well
as any other proposals set forth in the dispute resolution process.
Garfunkel moved, Accepting the Proposal as outlined by the SLMPD Coordinating Committee for
use in a disagreement resolution of issues with the other member cities of the Joint Powers
Agreement.
Councilmember Garfunkel stated he thought the counter-proposal submitted by the City of Excelsior in
response to the Operating Committee's proposal was insulting and unprofessional. He noted the
Operating Committee proposal was very balanced and had been authored by four objective professionals.
He also stated thetimeline presented and inclusion of parties as outlined in the proposal would be
beneficial in moving the process through resolution.
Zerby seconded.
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Councilmember Zerby agreed, stating it was unfair to the other member cities for the Excelsior City
Council to insist upon issues of resolution from a single city. He also stated the word contribution was
used in the correspondence from the City of Excelsior, and he requested that word be clarified for all
persons and changed to the word "payment" as it was the correct term for that financial obligation.
Councilmember Lizee stated she was quite disgusted by the proposal issued by the City of Excelsior in
its most recent correspondence as she believe it an attempt to deter any efforts in resolution the new City
Councils may have, and she looked forward to working with the new members of the Excelsior City
Council.
Mayor Love recessed the meeting at 9:00 P.M. and reconvened at 9: lOP .M.
B. South Lake Minnetonka Police Department Budget
Administrator Dawson explained at its November 22, 2004, Regular City Council meeting, the Council
reviewed the matter of its planned funding for the operating budget for the SLMPD in 2005. The
Council reviewed various scenarios in August, it decided to include $700,000 in the proposed 2005
budget. This level of funding would continue the same levels of multi-tiered service provided to member
cities in 2004. As a result of recent discussions with the Coordinating Committee, and the City of
Excelsior, the cost to the City of Shorewood to fund the committee's recommended budget would be
approximately $718,000. He also noted SLMPD Chief Litsey was present this evening to answer any
questions Council may have of him.
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In response to Mayor Love's question, Chief Litsey explained he did not want to apportion service levels
for 2005 as had been done in the past. He noted the Contingency Option as presented in past
correspondence with the Council would provide necessities for the department, including partial
restoration of funds for the Drug Task Force. In addition, these funds, if approved, would provide critical
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REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
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additional administrative staff. He stated with reduced service level payments the Department was
unable to serve the public as well as it could have in recent years with full funding of the budget. He also
went on to explain administrative staff was needed to assist in fiscal and payroll obligations each year. In
addition, a.n increa.sed payment for 2005 would allow for restoration of the vehicle fleet rotation
schedule. He stated all items proposed in the budget, this year and every year, were necessities for
operating the department effectively and efficiently.
Councilmember Turgeon expressed concern for paying nearly fifty percent of the Operating budget and
receiving one-fourth of the power as outlined in the Joint Powers Agreement.
Mayor Love stated he thought the Year 2005 was the year to bring resolution to the past issues of dispute
associated with the Joint Powers Agreement. He stated he felt the spirit of the JP A had been betrayed at
this point in time, and he thought it time to preserve the intentions of the JP A by working together to
show commitment to the public safety of the area for all.
Councilmember Turgeon stated frustration with the lack of forward movement in dispute resolution
prompted her to suggest no increase be made to the budget at this time as a way to have all cities
continue to receiving the same service level until resolution could be brought to disputed items.
Chief Litsey stated it was important to continue to preserve the core operations in 2005, with this coming
year being a defining year for resolution of the JP A. He stated the Department had worked very hard to
give value to all communities under the multi service levels of recent years.
Councilmember Zerby stated he would not like to see additional service levels necessary as a result of
maintaining current service payments from the City of Shorewood. Chief Litsey recommended the
Council increase the payment for the City of Shorewood to approximately $718,000, in an effort to bring
consistency to the budget for 2005.
Discussion ensued by the Council regarding the options available for payment contributions to the 2005
Operating Budget for the SLMPD.
Mayor Love stated he would like to see the requested additional $18,000 approved by Council as a way
to show support for the SLMPD and to work toward restoration of services for all.
Councilmember Zerby stated he agreed full services levels needed to be restored for all cities; however,
he also thought this payment would be making up for the shortfall caused by the City of Excelsior.
Councilmember Turgeon again expressed frustration with the issue, noting the JP A was not effective if
other cities had to provide full funding of the budget each year. She stated it was time to get to the
principle of what was happening each year with the funding and work to bring resolution. She
questioned what the outcome would be if a different dollar amount would be suggested for funding
purposes. Chief Litsey explained it would add another service level to the current confusing menu of
service levels. Further, he thought this year was going to be a year of definition, and it was not good to
continue the current tiered relationship. He encouraged all cities to work from a partnership philosophy
and make the JP A function as it was intended.
Zerby moved, Garfunkel seconded, Approving $717,861 to the SLMPD 2005 Operating Budget,
and including Increasing the South Lake Minnetonka Police Department funding by $18,000 and
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REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 11 of 12
reducing the transfer to the Stormwater Management Fund in 2005 by a corresponding $18,000.
Motion passed 5/0.
c. ApprOVing the 2005 Blldget..alld Approving the Property Tax Levy Collectible in
2005
Discussion ensued regarding the best way to handle the appropriate transfer of funds for the proposed
SLMPD budget allocations.
Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO 04-105, "A Resolution Adopting
the 2005 Budgets, including Increasing the South Lake Minnetonka Police Department funding by
$18,000 and reducing the Stormwater Management Fund by a corresponding $18,000, and
Approving the 2004 Property Tax Levy Collectible in 2005." Motion passed 5/0.
D. Establishing the 2005 Pay Scale and City Insurance Contribution
Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 04-106, "A Resolution Revising
the City's Wage and Salary Range Chart for 2005 and Setting the Monthly Employer
Contributions Toward the Monthly Insurance Premium for City Employees." Motion passed 5/0.
E. Authorizing the Transfer of Funds
Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-107, "A Resolution
Authorizing the Transfer of Funds, from the General Fund for 2004." Motion passed 5/0.
F. Set 2005 Utility Rates
Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 04-108. "A Resolution Setting
License, Permit, Service Charges and Miscellaneous Fees."
Councilmember Zerby stated he agreed with the issue presented earlier in the evening regarding reducing
the minimum usage gallon rate to 7,000, and he requested this matter be reviewed next year for the
budget. Finance Director Burton agreed this matter would be reviewed at that time.
Motion passed 5/0.
G. Recommendation of Appointments by Hennepin County Board of Commissioners
to the Minnehaha Creek Watershed District (MCWD) Board of Managers
Without objection from the Council, Mayor Love requested this item be placed on the January 10,2005,
Regular City Council Meeting Agenda.
H. Approval of the Prosecuting Attorney 2005 Contract for Services
Zerby moved, Garfunkel seconded, Approving the Prosecuting Attorney 2005 Contract for
Services. Motion passed 5/0.
10.
ENGINEERING/PUBLIC WORKS
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REGULAR CITY COUNCIL MEETING MINUTES
December 13, 2004
Page 12 of 12
A.
Radisson Road Update
Engineer Brown stated a public information meeting held on this matter had been well attended.
C():ri.1fuerits cOritinued to be received by interested parties at City Hall, and a full report would be made in
January of2005.
11. STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. Construction Update
Engineer Brown provided several construction project updates for Council for various projects in the
City. Councilmember Zerby questioned whether conduit for data connectivity could be provided
between the Public Safety Facilities and City Hall since the directional boring work was currently
underway. Engineer Brown stated he would examine the possibility and anticipated it would not be a
problem to do at this time.
Administrator Dawson thanked the Council for the privilege of working with the five of them in the past
years. He stated he had enjoyed the support and confidence of the Council and he would greatly miss
Councilmembers Garfunkel and Zerby in the years to come.
B. Mayor & City Council
Mayor Love stated he also appreciated the intelligence and humor displayed by Councilmembers
Garfunke1 and Zerby in their terms on the Council. He wished them all the best of luck and hoped they
would be involved in City issues in the future.
Councilmember Garfunkel thanked all persons present for a great and rewarding experience as part of the
City Council. He stated he had received more than he had put in to the position of Councilmember over
the past eight years, and the time had passed very quickly.
Councilmember Zerby also stated it had been a pleasure to be part of such a great team of committed
individuals. He stated he had enjoyed his experience on the Council very much and he wished everyone
well in the future.
12. ADJOURN
Zerby moved, Garfunkel seconded, Adjourning the Regular City Council Meeting of December 13,
2004, at 10:24 P.M. Motion passed 5/0.
RESPECTFULLYSUBMUTTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor