062705 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JUNE 27, 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 Callies, Lizee, Turgeon, and Wellens; Administrator
Dawson; Attorney Keane (arrived 7:05 P.M.); and Engineer Brown
Absent:
Finance Director Burton and Planning Director Nielsen
B.
Review Agenda
Mayor Love reviewed the Agenda for the meeting. Administrator Dawson requested Item 9B,
Discussion on a Date for a Work Session on the Excelsior Fire District Budget, be added to the Agenda
for the evening. He also noted a zoning appeal from the Upper Minnetonka Yacht Club would be on the
Agenda for the July 11,2005, Regular City Council Meeting Agenda, and apologized for any
inconvenience this may have caused anyone.
Lizee moved, Wellens seconded, Approving the Agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes, June 13, 2005
Turgeon moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of June
13, 2005, as presented. Motion passed 5/0.
B. City Council Work Session Minutes, June 13, 2005
Lizee moved, Wellens seconded, Approving the City Council Work Session Meeting Minutes of
June 13, 2005, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Love reviewed the Consent Agenda. Regarding Item 3E, Jeffrey Watson, attorney for the
Raisbecks, clarified the square footage listed in Paragraph 3, in the draft resolution, to be 1948
square feet, rather than 1396 square feet.
Administrator Dawson agreed, and also noted, with regard to Item 3F, in Paragraph 1, the plat
should be known as Parkview in the draft resolution rather than Arbor Creek.
Lizee moved, Callies seconded, Approving the Motions Contained on the Consent Agenda
and Adopting the Resolutions Therein:
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CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 27, 2005
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A.
Approval of the Verified Claims List
B. Staffing - No action required
C. Approving a Sign Permit for Edward Jones, 23480 State Highway 7 (Shorewood
Village Shopping Center)
D. Approving a Sign Permit for Oasis Market, 24365 Smithtown Road
E. Adopting RESOLUTION NO. 05-056, "A Resolution Approving Subdivision and
Combination of Real Property for David and Ellen Raisbeck, 26440 Edgewood
Road," and Adopting RESOLUTION NO. 05-057, "A Resolution Granting a
Conditional Use Permit for Additional Accessory Space to David and Ellen
Raisbeck, 25440 Edgewood Road."
F. Adopting RESOLUTION NO. 05-058, "A Resolution Approving the Revised Final
Plat of Barrington Second Addition for Capestone Builders, Excelsior Boulevard."
G. Adopting RESOLUTION NO. 05-059, "A Resolution Granting a Preliminary Plat
Approval for Parkview, Bridgeland Development Co., 5025/5045/5055/5075
Suburban Drive."
H.
Adopting RESOLUTION NO. 05-060, "A Resolution Accepting Bids and Awarding
Contract for Badger Well House Improvement Project, City Project 98-06."
I. Accepting a proposal for Engineering Services KLM Engineering, Inc for SE Area
Water Tower Rehabilitation
J. Accepting a proposal for Engineering Services Instrument Control Systems, Inc.
K. Adopting RESOLUTION NO. 05-061, "A Resolution Accepting the 2004
Bituminous Overlay Project, City Project 04-06."
L. Accepting a proposal for Engineering Service WSB and Associates, SE Well for
Amesbury Well Interconnection
M. Approving an Extension of Deadline for Notice to Remove for Steve and Barb
Swanson, 5755 Echo Road
Motion passed 5/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor presented this evening.
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CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 27, 2005
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5.
REPORTS AND PRESENTATIONS
A. Community Rec. Resources 2005 First and Second Quarter Report
Engineer Brown reported the City's Park Coordinator service, Community Rec. Resources, had
submitted a quarterly report for Council review, noting the document presented information clearly, and
questioned whether Council had any questions. He noted Sally Keefe, principal of Community Rec.
Resources, was present also to answer any questions from Council.
Councilmember Turgeon thanked the Staff at Community Rec. Resources for providing this service for
the past two years and addressing several problems for City Staff. She also thanked the firm for working
within the schedule to welcome additional user groups to the City's park system.
Ms. Keefe thanked the Council for its continued support in the role of Park Coordinator and noted the
City's Park Equity Policy helped to streamline process issues and provide clarity for park users.
6. PUBLIC HEARING
None.
7. PARKS
Engineer Brown reported there would be a meeting of the Park Commission on Tuesday, June 28, 2005,
and thus, he had nothing to report on at this time.
8. PLANNING
Commissioner White stated there had not been a meeting of the Planning Commission since the most
recent Regular Council meeting; thus, she had nothing to report on at this time.
9. GENERAL/NEW BUSINESS
A. SLMPD Issues Group recommendations
Administrator Dawson explained the South Lake Minnetonka Police Department (SLMPD) Issues Group
began its meetings during the first week of March 2005. The Issues Group worked through the process
agreed upon by all member cities' councils to be completed by May 31, 2005. Over the course of eight
meetings, the Group finished its work on May 26, 2005. Administrator Dawson explained that at the
beginning of the process, the Group agreed that all of its recommendations would be interdependent in
one package. At the conclusion of its process, the Group agreed that the members' city councils would
need to act on this package by June 30, 2005. This action was necessary for the 2006 budget process and
to expedite the preparation of amendments to the Joint Powers Agreement (JPA).
Administrator Dawson also stated communications had been received from the City of Excelsior
regarding a request for continued discussions associated with Issues Group matters that were not fully
discussed or addressed. He noted the City of Excelsior communications included a description actions at
its special meeting of June 25, talking points for further discussion, a summary presentation and minutes
of the last Issues Group meeting and process, as well as a report by a consultant hired by the City of
Excelsior to analyze alternatives for future policing for that city. Administrator Dawson also went on to
summarize the elements of the Issues Group recommendations, financial implications for the City of
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 27, 2005
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Shorewood, and alternatives for the future with regard to public safety. He also noted the representatives
to the Issues Group from the other member cities were present this evening.
Councilmember Lizee stated she would like to expedite the process this evening.
Lizee moved, Callies seconded, Accepting and Approving the SLMPD Issues Group
Recommendations, which included increasing Shorewood's portion of the financial funding
formula for the police operating budget to 49%, with the stipulation that this offer expires on June
30, 2005, at 12:00 midnight and that the City Attorney begin to examine options for dissolution of
the Joint Powers Agreement if all four cities have not approved the recommendations by that time.
Councilmember Wellens stated he was opposed to increasing Shorewood's contribution to SLMPD
operations from 46.0% to 49.0%, because he had not seen any evidence presented that demonstrated
great financial difficulties for the City of Excelsior. Further he stated, it seemed as though City of
Excelsior representatives had not asked for temporary assistance, rather, they had accused the City of
Shorewood of unfairness and then demanded relief. He stated he was very concerned about this attitude.
Councilmember Wellens also stated this attitude had implied prior Shorewood Councilmembers had in
some way cheated the City of Excelsior by accepting the current Joint Powers Agreement and that had
never been the case. Furthermore, he did not believe previous Councilmembers of Excelsior had been
fools to accept previous agreements as had been insinuated with regard to those Excelsior
Councilmembers that had accepted the current agreement. Overall, he stated, neither accusation was
accurate.
. Councilmember Wellens also stated he believed there was an anti-business attitude in Excelsior as
demonstrated by the following examples:
. Ryan Construction was blocked from occupying their building.
. Bill Stoddard withdrew his proposal for a la-unit row house.
. The Nanny and Tutoring business was blocked.
. Simply Nuts was blocked from installing a garage door.
. Excelsior's advertising campaign un-invited Wal-Mart and Starbucks.
. Terry Forbord wanted to put a $4.5 million building but was blocked.
. Most recently, in the Star Tribune, Bill Mason publicly referred to the Heritage Board as the
Hysterical Board.
Councilmember Wellens stated there seemed to be a long history of depressing property values within
the City of Excelsior, which was the basis of its tax revenue, and he was quite concerned because the
complaint from the City of Excelsior was that there was not any revenue. These two issues work
together, and he stated he did not believe it was financial prudent for the City of Excelsior to prohibit so
many projects that could generate revenue, and then turn to the other member Cities to ask for financial
help. He went on to state he did not believe this financial problem should be spread to Shorewood's
residents, and he did not believe the other member cities should be the first resort to fixing the City of
Excelsior's financial problems but it seemed to be what was happening in this matter. He stated he
believed the City of Excelsior was just beginning to feel the consequences of their policies and there was
not any reason Shorewood's Council should seek to spread the financial burden to its residents.
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Councilmember Callies stated she was in favor of approving the tentative agreements with the increased
funding in the formula for Shorewood because all city councils had engaged in the additional work to
meet the deadlines associated with the process. She further stated she did not think another deadline in
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CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 27, 2005
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the process, so that talks could continue, would be of any assistance at this point in time. She agreed
with Issues Group representatives that a compromise had been reached, but she thought there would
likely be no more. She stated the JP A was a partnership and should it not work the City of Shorewood
should begin to examine other alternatives.
Councilmember Lizee stated she had placed the June 30, 2005, deadline in the motion because she would
not support the tentative agreement recommendations with another extension involved. Councilmember
Lizee stated it was important for everyone to understand that good faith efforts had been made in the past
by the City of Shorewood and would be until June 30, 2005, to bring resolution to this situation.
Councilmember Turgeon agreed with the purpose ofthe June 30 deadline in the motion on the table.
Three member cities had extended compromises to the City of Excelsior in the Issues Group process to
no avail. The City of Excelsior had reports that demonstrated policing alternatives to the SLMPD were
cost prohibitive, and the request for information was to continue the time to demonstrate otherwise. She
stated she would support additional meetings for resolution of the remaining issues from the Issues
Group process; however, Excelsior would need to approve the tentative agreements prior to the June 30,
2005, deadline as outlined in the beginning of the resolution process. She stated Excelsior had demanded
35% of the policing services while only wanting to pay for 22.5%. Should the City of Excelsior wish to
lessen the demand it created, the amount paid would certainly follow. She stated the City of Excelsior
wanted the amenities in its city and needed to pay for those amenities. If that could not be maintained,
she suggested reevaluating the kinds of businesses allowed in that city.
Mayor Love stated agreement was not a measurement of listening. A process had been followed, perhaps
abbreviated, but was abbreviated for all parties involved in the resolution process. Concerns from all
representatives and all cities had been heard in that process, and he had sadly realized the member cities
were not one community in spirit any longer. He stated should the City of Excelsior's representatives
believe the funding formula allowed for the subsidization of Shorewood, then dissolution seemed the best
alternative. He went on to state all member cities had entered into negotiations at the request of
Excelsior and followed a process and time line approved by the City of Excelsior's representatives. He
stated the consequences of the outcome of this process would be felt for a long time to come. He
supported the motion only because it would be an effort to help stabilize costs for all member cities for
future planning and public safety.
Mayor Love noted the mayors of Excelsior, Greenwood, and Tonka Bay were all present this evening,
and invited them to speak on this issue.
Mayor Nick Ruehl of Excelsior stated he was not prepared this evening to make a speech; however, as he
had listened this evening it was obvious that representatives of each city present had a different view of
the situation, which was unfortunate. He stated the member cities were policed as one, and he would like
to see the JP A be representative of one community. However, he had learned in the process that demand
was only one of several factors that should affect funding the operating budget. He noted historic trends
in the City of Excelsior, and stated the alternative funding formula presented was not about current
financial crises, but good financial planning. He further stated data that would have more aptly explained
this viewpoint was not allowed to be heard as part of the resolution process. He also believed that
Shorewood's representatives stating 49% as a maximum contribution preempted a great deal of fruitful
discussion of funding factors and related data. Mayor Ruehl stated he did not believe Excelsior's
representatives wanted to dissolve the JP A; however, the cities should look within the JP A to
accommodate services. He requested the Council consider the whole of the situation and the future
options for all.
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 27, 2005
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Mayor Love stated Shorewood had offered to provide the biggest financial efforts to move the process
forward of all member cities. While availability of services was a factor, it was based on past demand.
Councilmember Turgeon thanked the representatives of Greenwood and Tonka Bay for the effort to
provide a 1 % increase in the resolution process as the operating budget represented significant portions
of their city budgets currently. Further, she noted, the City ofTonka Bay had always been willing to
provide contributions that far exceeded their demand for the sake of policing as one community. She
stated it was her understanding in the tentative agreement at the Issues Group's fmal meeting that
Shorewood's 49% contribution would be phased in; however, that was not the case at this point in time
either. She noted all member cities did not get what each wanted, but she believed that if the City of
Excelsior would accept the tentative agreements; all remaining issues would be resolved easily.
Councilmember Callies questioned whether the abbreviated process discussed earlier in this meeting held
any implications for resolution. Mayor Love stated there were several times in the process that people
wished to expound on points of discussion; however, it was the duty of the facilitator to bring the process
to end by the predetermined deadline. He stated he believed all representatives in the Issues Group had
listened to all other representatives in good faith.
Mayor Love called for a roll call vote. Motion passed 4/1, with Wellens dissenting.
B. A Discussion on a Work Session for the Excelsior Fire District Budget
. Administrator Dawson stated the process for consideration of the EFD Operating Budget had undergone
revision this year. As a result, it was recommended by Staff that Council hold a Work Session meeting
on the budget in July of this year.
Staff suggested this meeting be held on Monday, July 18, 2005, at 7:00 P.M. Council agreed.
10. ENGINEERING/PUBLIC WORKS
A. Reject Bids for Timber Lane Water Project
Engineer Brown explained bids had been received and opened for the Timber Lane Water Project that
had been petitioned by area residents. He stated the bids were 43% higher than the anticipated
engineering estimate for this project. For that reason, Staff was recommending the bids for the project be
rejected at this time. He went on to explain the wet weather and competitive bidding climate in the
marketplace contributed to the high bids. He anticipated the project might have more reasonable bids
when bid with another project or when bid later in the fall of this year.
Turgeon moved, Wellens seconded, ADOPTING RESOLUTION NO. 05-062, "A Resolution
Rejecting Bids for the Timber Lane Water Project, City Project 04-05." Motion passed 5/0.
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CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
June 27, 2005
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11.
STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
Engineer Brown stated the progress on County Road 19 was moving along appropriately. The City had
heard recently from several residents regarding the anticipated time line for completion of the current
phase of the project. To better illustrate the difficult and complex working conditions the crews currently
had to deal with as part of this phase, Engineer Brown shared several recent photographs showing the
trench sites for the project. He noted the timing of burying the utilities was proving particularly
challenging; however, he was hopeful the utility companies could complete the necessary service work
by July 1, 2005, if the weather permitted. He stated once this phase of the project was complete, he
anticipated residents could more readily view the progress being made in the project.
B. Mayor & City Council
Mayor Love reported there would be a meeting of the Coordinating Committee in late July, and he
requested a work session be held, if necessary, to help determine a course of action for the City of
Shorewood with regard to the police issues currently unresolved.
Engineer Brown provided clarification for a questions asked by Council member Callies regarding several
anticipated sealcoating projects within the City.
Councilmember Callies also noted there was a meeting of the Lake Minnetonka Communications
Commission on June 28, 2005, on the topic of wireless internet options should any other councilmember
wish to attend in her absence.
12. ADJOURN
Turgeon moved, Wellens seconded, Adjourning the June 27, 2005, Regular City Council Meeting
at 7:55 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor