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082205 CC Reg Min '. . . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 22, 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 7:05 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Lizee moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Work Session Minutes, August 4,2005 Wellens moved, Turgeon seconded, Approving the City Council Special Work Session Meeting Minutes for August 4, 2005. Motion passed 5/0. B. City Council Regular Meeting Minutes, August 8, 2005 Turgeon moved, Wellens seconded, Approving the City Council Regular Meeting Minutes of August 8, 2005. Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Wellens seconded, Approving the Motious Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing: Authorization to Hire a Senior Accounting Clerk C. Adopting RESOLUTION NO. 05-073, "A Resolution Approving a Temporary Gambling License for the Friends ofthe Southshore Center." D. Approve Extension of Conditional Use Permit for Gretchen Sebald, 20625 Garden Road E. Authorization for Expenditure of Funds for two 800 MHz. Radios . REGULAR CITY COUNCIL MEETING MINUTES August 22, 2005 Page 2 of 6 . F. Sign Permit Request for Kay Marie & Carol's School of Dance, Shorewood Village Shopping Center Motion passed 5/0. 4. MATTERS FROM THE FLOOR Dick Mueller, Excelsior resident, stated he was present this evening to provide comments to the Council on some issues. Councilmember Wellens had written a recent letter-to-the-editor in an area newspaper. Mueller explained the bandshell in Excelsior Commons had been painted with a flag in 1993 for aesthetic reasons. He also provided information about comments made by CouncilmemberWellens regarding planning decisions made by the Excelsior Council that affected the tax base for that City. He shared opinions regarding the South Lake Minnetonka Police Department budget and stated his belief that Excelsior was being asked to contribute double in certain policing requireqments within the budget. He thanked Council for allowing him the time to speak on this issue. 5. REPORTS AND PRESENTATIONS None. . 6. PUBLIC HEARING None. . 7. PARKS A. Report on Park Commission Meeting Held August 9, 2005 Engineer Brown reported on matters considered and actions taken at the Park Commission Meeting of August 9, 2005 (as detailed in the minutes of that meeting). He noted there would be a "Buckthorn Bust" event slated for November 12, 2005, at Freeman Park to educate residents on buckthorn as well as work to eradicate the buckthorn from the Park. More information would be presented later on this event. Any residents interested in attending should call City Hall for additional information. Engineer Brown also explained the process the Park Commission had undergone regarding the Shirley Rice Memorial to be placed at Manor Park. He briefly reviewed the plans and specifications for the memorial, noting it would be completed by October 2005. B. Acceptance of the Shirley Rice Memorial Turgeon moved, Lizee seconded, Accepting the Plans and Specifications for the Shirley Rice Memorial Garden as presented. . Mayor Love stated he was excited to see the memorial project come to fruition as Shirley Rice was a friend, and he noted the plans seemed a fitting memorial to the family for a wonderful person. . Motion passed 5/0. ". . . . . . REGULAR CITY COUNCIL MEETING MINUTES August 22, 2005 Page 3 of 6 Councilmember Turgeon stated she would like the Council to discuss the subject of City trails and the trail planning process at a Work Session meeting in the near future. 8. PLANNING Director Nielsen explained there had not been a Planning Commission meeting since the most recent Regular City Council Meeting; thus, there was nothing to report on at this time. A. Variance to Build on a Substandard Lot Applicant: Craig Buechler Location: 5655 Eureka Road Director Nielsen explained in January 2003 the City granted a variance to Craig Buechler to build a new house on a substandard lot, located at 5655 Eureka Road. Mr. Buechler had not used the variance within the required one-year deadline and the approval lapsed. He had now submitted a similar variance request with slightly different house plans. Director Nielsen then reviewed the case, noting the issues and analysis from the 2002 Staff report were still valid. He stated the recommendation from the previous request included a condition that plans be modified to comply with the maximum impervious surface requirement (33%). The new site plan complied with both setback and hardcover requirements for the R- 1 C district. Proposed hardcover was 32.7 percent. The only issue remaining for resolution was the height of the structure. He explained the applicant's plan illustrated a three-story structure, 36.5 feet in height, and the Code limited residential structures to 2.5 stories and 35 feet. As such, the building should be adjusted to comply with the maximum requirements of the Zoning Code. Staff recommended that the variance request be approved, subject to the applicant revising the plans to comply with height requirements provided in the Zoning Code. Craig Buechler, 5655 Eureka Road, stated he would be happy to answer any questions Council might have of him. Wellens moved, Lizee seconded, Adopting RESOLUTION NO. 05-074, "A Resolution Granting a Conditional Use Permit and Lot Area Variance to Build on a Substandard Lot to Craig Buechler." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Proposal Regarding SLMPD Interim Funding Administrator Dawson explained at a Work Session meeting on August 4,2005, the City Council had considered several proposals for interim funding of the South Lake Minnetonka Police Department for 2006. These points arose from a proposal by Greenwood Mayor Newman at a July 29 meeting of the SLMPD Coordinating Committee, and subsequent modifications made to it by the Excelsior and Greenwood City Councils in subsequent days. Administrator Dawson then briefly reviewed the "Newman" proposal, a new Excelsior proposal, highlighted changes between the two proposals, and also noted the status of Cities' actions on SLMPD funding for 2006, as well as logistics associated with an amendment to the Joint Powers Agreement (JPA) that currently governed all the cities comprising funding of the SLMPD. '. . . . . . REGULAR CITY COUNCIL MEETING MINUTES August 22, 2005 Page 4 of 6 He noted this most recent proposal was endorsed by the SLMPD Coordinating Committee at its most recent meeting with a vote of 3/1, with Excelsior representatives dissenting. Mayor Love stated he had received a phone call from Mayor Newman of Greenwood on this subject in recent days. He also stated he had looked at the draft of this proposal and believed it to be a good simplification of issues, and he noted the proposal remained silent on the baseline funding issue; however, he encouraged endorsement by this Council of the proposal. Councilmember Callies questioned whether subsequent reiterations and changes would be allowed to this proposal in the future by Excelsior. Administrator Dawson noted there was a special meeting slated for the Excelsior City Council with interim funding on its agenda; however, he also stated the JP A dictated a September 1,2005, deadline for setting funding levels. Mayor Love stated he hoped all four cities would endorse funding levels presented; however, should only three cities do so, he anticipated several courses of action would follow rapidly, with the situation being resolved through legal action or with all four cities moving forward together. Turgeon moved, Callies seconded, Accepting the Newman proposal as presented. Motion passed 4/1, with Wellens dissenting. Councilmember Wellens stated he had voted against the proposal because he did not see anything that had changed substantially since the last vote on this subject. B. Park Commission Appointment Administrator Dawson explained the Council had earlier held interviews with two candidates for an opening on the Park Commission. Callies moved, Wellens seconded, Adopting RESOLUTION NO. 05-075, "A Resolution Making Park Commission Appointments, appointing Steven Loheit, 27915 Woodside Road, to a term to go through February 27, 2007". Motion passed 5/0. On behalf of the City, Mayor Love thanked all both residents for their interest in applying for this position. 10. ENGINEERING/PUBLIC WORKS A. Accept Proposal and Award Contract for Dry Hydrant Relocation Engineer Brown stated Michel Catain, 4550 Enchanted Point Road, had submitted a petition for local improvement, in accordance with the Minnesota State Statute 429, requesting that the City perform an engineering analysis and public works improvement project to relocate a dry hydrant that was located on the subject parcel via a utility easement. Mr. Catain requested the hydrant be relocated outside the current easement on his property. Council had undertaken the appropriate actions to proceed, and this evening was being asked to accept a proposal and award a contract for such relocation. Engineer Brown also explained that since Mr. Catain's legal representative had not yet had an opportunity to review this proposal, nor had the desire of the applicant been confirmed with this proposal .. . . . . . REGULAR CITY COUNCIL MEETING MINUTES August 22, 2005 Page 5 of 6 that would be at his expense, he was requesting that Council approve this action subj ect to approval by the applicant. Councilmember Turgeon questioned the process and responsibility of funding for this project. Engineer Brown explained that process. Wellens moved, Turgeon seconded, Accepting the Proposal and Awarding Contract for Dry Hydrant Relocation, subject to applicant's and legal representative's approval, to G.F. Jedlicki, Inc., in the amount of $47,960.00. Motion passed 5/0. B. Update on the Right-of-Way Acquisition for County Road 19 Engineer Brown reported this update would be given as part of the update in Item 10C. C. Update on Costs for County Road 19 Engineer Brown shared information regarding the costs incurred as part of the County Road 19 Intersection project to date. He noted the construction costs totaled approximately four million dollars currently, and noted it was a daily challenge to ensure additional requests for costs were handled and contained. As an example, he cited the recent issue created by a lack of removal of power poles by Xcel Energy in a timely manner that the general contractor was identifying as an increase in project costs. Councilmember Turgeon thanked Engineer Brown for providing this data, however, she requested additional data be provided demonstrating the breakdown of costs incurred by the City on this County project. Engineer Brown stated he would provide an amended tally to the Council at the next Regular Council meeting. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown thanked the Council for supporting efforts to remove the power poles as part of the recent construction project challenges. He reported the power poles to be gone and noted many positive reports had been received regarding the new "look" without them. He stated efforts would continue to focus on roadway loading issues, as there was a great amount of work to be accomplished in the next eight weeks. B. Mayor & City Council Mayor Love reported he would be attending the Excelsior Fire District Governing Board meeting on Wednesday, August 24,2005, at 7:00 P.M. at the West Side Station. 12. ADJOURN Turgeon moved, Lizee seconded, Adjourning the Regular City Council Meeting of August 22, 2005, at 7:44 P.M. Motion passed 5/0. .. . . . . . REGULAR CITY COUNCIL MEETING MINUTES August 22, 2005 Page 6 of 6 RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ~. Woody Love, Mayor