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012405 CC Reg Min . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 24, 2005 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 Turgeon, Callies, and Wellens; Administrator Dawson; Associate Attorney Mayeron for Attorney Keane; Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: Councilmember Lizee B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Administrator Dawson requested Items 9C, South Lake Minnetonka Police Department (SLMPD) Issues, and 9D, A Resolution Commending the SLMPD, be added to the Agenda for the evening. . Wellens moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, January 10,2005 Turgeon moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of January 10,2005, as presented. Motion passed 4/0. 3. CONSENT AGENDA Turgeon moved, Callies 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. Setting May 21, 2005, for Spring Clean-up Day D. Adopting RESOLUTION NO. 05-004, "A Resolution Authorizing Submittal of the 2005 Hennepin County Grant Application for Municipal Source Separated Recyclables. " . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES January 24, 2005 Page 2 of7 E. Adopting RESOLUTION NO. 05-005, "A Resolution Approving Subdivision and Combination of Real Property for Francis Zucco." Motion passed 4/0. 4. MATTERS FROM THE FLOOR John Garfunkel, 5665 Grant Lorenz Road, stated his pleasure to speak before the new City Council this evening, as he represented thirteen past and present advisory Commissioners. He explained all parties involved had submitted a letter to Council requesting reconsideration of the ward system of representation as these residents were concerned it may not have been the right course of action for the City. He then read the letter into the record. He stated these residents believed the amount of public education and comment that took place prior to the Council's decision on this issue was inadequate. He also stated these residents requested the issue be place upon the 2005 Work Plan for the current Council as they believed a progressive, open government should not be afraid to question past decisions. He thanked the Council for its time this evening. Mayor Love stated the letter presented was well written and held legitimate concerns. He stated while he supported the ward system currently in place, he agreed it was always important to review issues at any time. Mr. Garfunkel stated the concerned residents responsible for the letter wanted to be certain all issues of concern were put forward when considering the ward system, and they were also requesting an annual review of the ward system of representation into the future as well. He stated he thought it important to consider the fundamental need for the change, as well as the process itself. He further stated it was extremely important to allow the community at large to provide input on the issue. Mayor Love, without objection from Council, directed Staff to notify all thirteen residents of this item each time it would be placed on the Agenda for Council review and consideration. 5. REPORTS AND PRESENTATIONS A. Sump Pump Surcharge - Ron Johnson Administrator Dawson explained Mr. Ron Johnson, 5355 Shady Hills Circle, had requested a "First Amendment Petition for 'Sump Pump Penalty' Hearing." The payment was due January 31 of each year before surcharges would accrue, and Mr. Johnson had wished to address Council prior to that date. He also stated the surcharge in Mr. Johnson's current utility bill was not in the amount certified as delinquent in 2004. He also noted Staff had been enforcing the City's ordinance regarding sump pump surcharges, and in the past, the Council had been consistent in applying its ordinance when Mr. Johnson had appealed delinquent charges. Mr. Johnson stated he had requested to be placed on the Agenda for this meeting so that the "new" Council could review the situation regarding the sump pump "penalty". He stated he was not pursuing this issue for naught as each time he had gone through the process new legal suits had developed. He requested Council not take action this evening, but suggested that it discuss the matter in a future Executive Session. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES January 24, 2005 Page 3 of 7 He then shared his interpretations of his current sump pump surcharge situation for the Council, noting it was important for this Council to review a brief he had submitted previously regarding this matter. Specifically, he noted several communications regarding plans for construction near his property and his interpretations of those communications. Mayor Love stated he was unclear about how these interpretations impacted the surcharge issue. Mr. Johnson stated the information presented related to an uncompensated taking with water being directed to storm sewers and draining on his property. Mayor Love requested Mr. Johnson summarize his points related to this matter, and Council would discuss this issue at an Executive Session meeting in the future. Mr. Johnson stated drainage water was going to where excavation was taking place adjacent to his property. He questioned whether Council had visited the site as there had been a fence placed on the site without any notice. Mayor Love stated Mr. Johnson's comments would be made part of the record on this matter. 6. PUBLIC HEARING There were no public hearings scheduled for this meeting. 7. PARKS A. Report on Park Commission Meeting Held January 11, 2005 Commissioner Westerlund reported on matters considered and actions taken at the January 11, 2005, Park Commission Meeting (as detailed in the minutes of that meeting). Councilmember Turgeon questioned the status of the wetland restoration project. Engineer Brown stated the project was completely dependent on grant funding, and to date, none had been received. He went on to explain Staff would continue to seek out grant opportunities and a report would be made at a later time. Mayor Love suggested, since the area was a potential regional ponding area, further grant opportunities be explored with a regional ponding focus with the Minnehaha Creek Watershed District as well. Commissioner Westerlund stated she believed there would certainly be opportunities for partnering with the MCWD in this project. Engineer Brown stated the feasibility report for the project should be placed on the Park Commission Work Program for 2005. 8. PLANNING Commissioner Meyer reported there had not been a meeting of the Planning Commission since the most recent regular City Council meeting. A. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Tom and Tina Verburgt Location: 5310 Elm Ridge Circle CITY OF SHOREWOOD REGULAR MEETING MINUTES January 24, 2005 Page 4 of 7 . Director Nielsen explained the history of the case, noting Sharratt Design, representing Tom and Tina Verburgt, was in the process of remodeling the home on the property located at 5310 Elmridge Circle. Part of the remodeling project included the addition of a new attached garage on the southeast comer of the house. The garage was designed with a storage area adjoining the garage that would technically be counted as part of the dwelling. Since the owner had decided to make this space part of the garage, and since the area of this space, added to the garage, exceeded 1200 square feet, the change required a conditional use permit pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. Director Nielsen went on to explain the property was zoned R-WS, Single-Family ResidentiaVShoreland and contained approximately 57,350 square feet in area. The garage was angled to conform to the shape of the lot, currently contained 1200 square feet of area, and would be 1325 square feet of area with the proposed change. The proposed home contained 2208 square feet on the main level alone, with even more space on the second level. With regard to analysis of the case, Director Nielsen stated the request complied with all criteria for a conditional use permit. He noted the heavy vegetation on the site, thus, there was not a need for additional landscaping. Council had no questions regarding this case. Callies moved, Wellens seconded, Adopting RESOLUTION NO. 05-006, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space for Tom and Tina Verburgt, 5310 Elm Ridge Circle." Motion passed 4/0. . 9. GENERAL/NEW BUSINESS A. Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2005 Administrator Dawson explained each year Council made annual appointments to various liaison positions for Commissions and Boards within the City, as well as other represented city positions such as weed inspector. He then read through the list of positions and Councilmembers willing to accept each appointment for the Year 2005. He further noted Council had agreed to remove a position for Liaison to the Friends of the Southshore Senior Community Center from the list of appointments as anyone was welcome to participate on this Board. Wellens moved, Turgeon seconded, Adopting RESOLUTION NO. 05-007, "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2005, subject to the condition that Item M. on the appointment list be stricken from the resolution granting such appointments." Motion passed 4/0. B. Making MCES, LMCC, and LMCD Board Representative Appointments . Administrator Dawson explained appointments of representatives to the Minnetonka Community Education Services (MCES) Board, the Lake Minnetonka Communications Commission (LMCC), and the Lake Minnetonka Conservation District (LMCD) were typically done in January of each year. The City had advertised these volunteer board opportunities to residents, with the current representatives being the only residents to express an interest in serving as representatives for the City to these Boards. The current CITY OF SHOREWOOD REGULAR MEETING MINUTES January 24, 2005 Page 5 of 7 . representatives were Tad Shaw, 5580 Shore Road, for the MCES Board; Patrick Hodapp, 26195 Shorewood Oaks Drive for the LMCC; and Tom Skramstad, current chair of the LMCD residing at 28020 Woodside Road. He also noted the Minnetonka School District had reorganized Community Education and the MCES Board, with some shift in representation to the Advisory Board being requested. Each of the candidates had expressed an interest in continuing to serve on the respective Boards for the remainder of this year. Councilmember Turgeon questioned the term of the appointments for each candidate, as she had believed there was a specific requirement for either Councilmembers or Staff to participate on the MCES Advisory Board as outlined by Minnetonka School District Staff in a previous presentation to Council earlier in the year. Administrator Dawson stated he would check on this issue and report back at the next Regular City Council meeting. Council indicated consensus for continuation of representation for a one year term for each candidate. Administrator Dawson clarified Patrick Hodapp would then be appointed to the LMCC for a one-year term, as would Tom Skramstad for a one-year term to the LMCD. Council agreed. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 05-008, "A Resolution Making an Appointment to the Lake Minnetonka Communications Commission." Motion passed 4/0. . Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 05-009, "A Resolution Making an Appointment to the Lake Minnetonka Conservation District." Motion passed 4/0. C. South Lake Minnetonka Police Department (SLMPD) Issues Administrator Dawson explained the SLMPD Operating Committee, comprised of the member cities city administrators/managers had developed a process, supported by the SLMPD Coordinating Committee, that would bring together representatives from each city to attempt to bring resolution to the long outstanding SLMPD issues. He noted a facilitator would be hired to work through this process with local representatives, and a second portion of the process included a suggestion that the City of Excelsior put forth $42,500 to meet the funding requirements for the SLMPD Year 2005 Operating budget expenses. Administrator Dawson reported the City of Excelsior had met in a Wark Session meeting and indicated support for the process but would not, however, put forth any additional monies for the year. Mayor Love stated he had, through a number of informal conversations with Mayor Ruehl of Excelsior, noted a sincere desire to bring all member cities together to work through resolution this year. He noted the Joint Powers Agreement (JP A) would be part of the discussions with all municipalities to consider either disillusionment options or how to improve relations to allow for only one level of service being funded and supported for the SLMPD. He stated he remained optimistic as he had seen all parties interested in resolution this year. Councilmember Wellens stated he believed this discussion to be worthwhile, and he thought all member cities should provide funding as specified in the JP A with one level of service being supported for the SLMPD. Councilmember Callies agreed. . CITY OF SHOREWOOD REGULAR MEETING MINUTES January 24, 2005 Page 6 of 7 . Councilmember Wellens stated he thought it would be prudent not to put forth any funding for a facilitator for the process until such time as the City of Excelsior identified its remaining issues of concern in writing to provide motivation for bringing the process to a realistic starting point. Administrator Dawson stated motivation did exist as the Operating Committee, in its process had outlined a deadline for resolution of Memorial Day of 2005. Mayor Love stated a second representative from each City was required for the process, and to that end, he suggested Councilmember Turgeon, given her history with the issues and her professional background in negotiations. Councilmember Turgeon indicated she would be willing to represent the City in this process. Council indicated consensus for Councilmember Turgeon acting on behalf of the City of Shorewood as a second representative to the resolution process outlined by the Operating Committee. D. A Resolution Commending the SLMPD Councilmember Wellens explained he had requested this item be placed on the Agenda this evening. He then read the resolution commending the SLMPD for its exemplary police work in bringing the case of Vermont "Ike" Isaacson to resolution. . Wellens moved, Turgeon seconded, Adopting RESOLUTION NO. 05-010, "A Resolution Commending the South Lake Minnetonka Police Department for its Thorough Investigation of the 2003 Murder of Bait Shop Owner Vermont "Ike" Isaacson." Mayor Love stated he thought the resolution wonderfully addressed the issue in this matter. He also noted he wished to express sincere gratitude for the countless volunteer hours by the SLMPD that were part of this case, and he thanked Councilmember Wellens for bringing the resolution forward this evening. Motion passed 4/0. 10. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was nothing to report at this time. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown explained the project had been placed on hold for the remainder of the winter months due to frost issues associated with construction. 2. Radisson Road Update . Engineer Brown explained the City would be sending a notice to Radisson Road residents regarding input received as well as continued input via email and U.S. mail on the project slated for that area. He stated he would report back more information on this project at the next Regular City Council meeting. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES January 24,2005 Page 70f7 Administrator Dawson stated he had received word from the MCWD regarding bids on the Gideon Glen project. . The bids for the project were within expected ranges so the project would be moving forward in the near future. B. Mayor & City Council Mayor Love noted the next meetings of the SLMPD Coordinating Committee as well as the next Excelsior Fire District Governing Board Committee meeting. Councilmember Turgeon requested Engineer Brown explore options for restriping the roadway heading northward on County Road 19 as the old striping had worn away and she had experienced several occasions where northbound drivers were actually driving in the southbound lanes near the Gideon Glen area. Engineer Brown stated he would do so. 12. ADJOURN Turgeon moved, Wellens seconded, Adjourning the Regular City Council Meeting of January 24, 2005, at 8:09 P.M. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: