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071105 CC Reg Min . . . sc~l\~ CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 11, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Acting Mayor Lizee convened the meeting at 7:03 P.M. A. Roll Call Present: Acting Mayor Lizee, Councilmembers Callies and Wellens; Administrator Dawson; Attorney Keane (arrived 7:05 P.M.); Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: Mayor Love and Councilmember Turgeon B. Review Agenda Callies moved, Wellens seconded, Approving the Agenda as Presented. Motion passed 3/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, June 27, 2005 Callies moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of June 27, 2005, as amended on Item 9A, Page 4, omit Paragraph 4 and insert following Paragraph 3, "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 lO-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. . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JULY 11, 2005 Page 2 of5 . 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." Motion passed 3/0. 3. CONSENT AGENDA Wellens 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. Acceptance of Proposal for Safe Assure Consultants D. Approval of a Sign Permit for Oasis MarketlMarathon Gas, 24365 Smithtown Road (Co. Rd. 19) Motion passed 3/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented at this meeting. 5. REPORTS AND PRESENTATIONS There were no reports and presentations this evening. 6. PUBLIC HEARING None. 7. PARKS . Administrator Dawson stated there had not been a meeting of the Park Commission since the most recent Regular City Council Meeting; thus, there was nothing to report. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JULY 11, 2005 Page 3 of5 8. PLANNING Commissioner Woodruffreported on matters considered and actions taken at the July 5,2005, Planning Commission Meeting (as detailed in the minutes of that meeting). Acting Mayor Lizee stated she appreciated the efforts made by the Planning Commission in the Lake Virginia Woods case to reopen the Public Hearing and answer all questions by the Public as part of the planning process for that case. 9. GENERAL/NEW BUSINESS A. SLMPD Issues Group Recommendation Administrator Dawson stated Councilmember Wellens had requested this item be placed on the Agenda for this meeting for additional consideration, noting the chronological process of actions taken since the completion of the South Lake Minnetonka Police Department Issues Group meeting on May 26,2005. Councilmember Wellens stated he wished to propose a resolution clarifying the decision made by the Shorewood City Council in recent weeks related to the tentative agreements package offered to the other member cities. Wellens moved Adopting RESOLUTION NO. 05-063, "A Resolution Affirming the Decision of the City Council Regarding the Approval ofthe Recommendation by the SLMPD Issues Group." Motion failed for lack of a second. Councilmember Callies stated she believed the minutes from the June 27, 2005, Regular Council Meeting to be quite clear on Shorewood's position on this matter. She stated the recommendation by the Council at that time was clear in its intent to deal with this issue one time only. Since that action had taken place, she stated, she would like to see the process move forward. 10. ENGINEERINGIPUBLIC WORKS A. Accept Feasibility Report and Authorize Preparation of Plans, Specifications, and Engineering Estimate, and Request for Proposals Engineer Brown explained the City of Shorewood was being asked to consider a request for relocation of one of its three dry hydrant systems located on Enchanted Island and Shady Island. He stated these systems were constructed in 1994 as support for the fire department should a fire occur in that area. He further explained the hydrant in this case was initially constructed on the northeast portion of Enchanted Island, at 4550 Enchanted Point. The hydrant was initially installed adjacent to the shoreline of Lake Minnetonka on property previously owned by Gerald and Gretchen Grewe. The City of Shorewood had acquired a permanent easement from the Grewe's for access to the hydrant. Since that time, the property had changed ownership, and the new owner, Michael Catain, petitioned to move the hydrant from his property as he was planning to build a security system, with fencing, on his property. This new system would prohibit access to the dry hydrant, and had thus, necessitated this request. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JULY 11, 2005 Page 4 of5 Engineer Brown went on to explain that the City's Engineering Consultants, WSB & Associates, had been directed to prepare a feasibility report on this project. The report submitted concluded that the extension of a line to meet the needs of the property owner would have little effect on the available fire flow from the hydrant, and would also allow better coverage for other homeowners in the area. For these reasons, Staff recommended accepting this report and adopting the resolution that would allow WSB & Associates to move forward with plans, specifications, and quotes for the project. Engineer Brown then outlined the process for financial responsibility and noted Staff would need to work with Mound Fire District Chief Pederson on this matter, should it be approved this evening. Michael Catain, 4550 Enchanted Point, stated he would appreciate being allowed to move forward with this request. He noted a boater had recently snagged the pump in the lake associated with this hydrant so further investigative efforts would need to be made to determine the pump's current functionality. He also stated it would be beneficial to have the hydrant's flow reach additional homes in the area as a result of the relocation of this hydrant. In response to questions by Councilmember Callies and Acting Mayor Lizee, Engineer Brown stated an easement had been permanently acquired by the City and was still in effect. Director Nielsen stated other property owners in that area had all donated the necessary easements for the dry hydrant system and had been assessed as part of the planning process for such matters. Wellens moved, Callies seconded, Adopting RESOLUTION NO. 05-063, "A Resolution Accepting the Feasibility Report and Ordering Preparation of Plans, Specifications, and Estimate for Relocation of Dry Hydrant System for 4550 Enchanted Point." Motion passed 3/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown reported curb and gutters had been placed along certain portions of roadways associated with the County Road 19 Intersection project in recent weeks. He noted efforts were underway to "dress up" the area for the Excelsior Firefighters Relief Association Dance to be held on July 15,2005. He also stated a report on costs of burying utilities should be presented at the next Regular City Council Meeting. B. Mayor & City Council Administrator Dawson reviewed several upcoming meetings for Council. Acting Mayor Lizee stated she wished to thank the many volunteers that assisted with the Fourth of July Celebration in Excelsior this past week. She noted volunteers had come from as far away as St. Louis, Missouri, to assist with the event, and the weather had cooperated as well to provide spectacular displays. She also complimented Mayor Love for his efforts in providing patrol boats around the fireworks display that evening. In addition, she thanked Engineer Brown and the City's Public Works Department. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JULY 11, 2005 Page 5 of5 12. ADJOURN Wellens moved, Callies seconded, Adjourning the July 11, 2005, Regular City Council Meeting at 7:26 P.M. Motion passed 3/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor