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102405 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 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 7:03 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Engineer Brown, and Planning Director Nielsen Absent: Finance Director Burton B. Review Agenda Tnrgeon moved, Lizee seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, October 10, 2005 Wellens moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of October 10, 2005, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, October 10,2005 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of October 10, 2005, as amended, on Page 3, Item 9B, Paragraph 2, Sentence 1, change "among various residents and" to "Commissioners and," and in Sentence 2 of the same Item and Paragraph, omit "within the community." And change the motion for that item to "Callies moved, Lizee seconded, to End the Obligation of the Shorewood Parks Foundation to Contribute $100,000 toward the Eddy Station debt." Motion passed 5/0. 3. CONSENT AGENDA Wellens moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - Liquor Store Staff C. Adopting RESOLUTION NO. 05-094, "A Resolution Approving Licenses to Retailers to Sell Tobacco Products." CITY OF SHOREWOOD REGULAR COUNCIL MEETING October 24, 2005 Page 2 of5 . D. Adopting RESOLUTION NO. 05-095, "A Resolution Authorizing Signing of the 2005-2007 Municipal Recycling Grant Agreement Between the City of Shorewood and Hennepin County." E. Adopting RESOLUTION NO. 05-096, "A Resolution Supporting the Application of Thomas B. Wartman for the Hennepin County Environmental Response Fund Grant for Lake Virginia Woods Property." Motion passed 5/0. 4. MATTERS FROM THE FLOOR Robert Gagne, 24850 Amlee Road, and President of the Friends of the Southshore Senior Conununity Center Board, stated there were three items he wished to make Council aware of that required repair as a result of recent activity near the Center. First, he noted the lawn sprinkler system had been damaged as part of the County Road 19 Intersection Project, and as a result of vandalism, the wooden railing slats had been removed on the walking bridge near the Center in recent days. In addition, he stated the parking lot lights were not functional and questioned whether temporary lighting could be made available for the Center as soon as possible. Engineer Brown stated the sprinkler system would be repaired as part of the ongoing County Road 19 project, and the lights were being fixed as part of the Badger Well project. Both items would be taken care of as soon as projects allowed. He thanked Mr. Gagne for his input on these matters. . 5. REPORTS AND PRESENTATIONS A. Report by Tom Skramstad, LMCD Representative Tom Skramstad, Lake Minnetonka Conservation District (LMCD) Chair and Shorewood representative, provided a report on recent activities of the LMCD. He presented issues associated with milfoil harvesting; the Zebra Mussel Prevention Program; the Boat Density Conunittee; an "outreach initiative" where the LMCD started efforts to develop better working relationships with others that have an interest in the lake area community, such as realtors, dock installers, charter boat owners, marinas, and others. He also reported on issues associated with solar lights, boat density and user attitude surveys, annual LMCD Board appointments, water patrol statistics associated with the Sununer of 2005, and new regulations developed by the LMCD. Mr. Skramstad noted the new regulations pertained to high water emergencies, dock dimensions, deicing permits, bridges, and signage associated with winter use of the lake. In addition, Mr. Skramstad explained several situations that provided recent activity for the LMCD, such as a dock request from a Shorewood resident on Enchanted Island, new sewer lines in the area that would impact potential projects, and regulation changes for structures being built close to the shoreline in member cities. For further information, Mr. Skramstad noted residents could access the LMCD website at htto://www.1mcd.org. Councilmember Turgeon stated it was nice to see that the regulations that governed the lake area actually held water in terms of being enforced. 6. PUBLIC HEARING . There were no public hearings scheduled for this meeting. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING October 24, 2005 Page 3 of 5 7. PARKS A. Report on Park Commission Meeting Held October 11, 2005 Commissioner Westerlund reported on matters considered and actions taken at the October 11, 2005, Park Commission Meeting (as detailed in the minutes of that meeting). 8. PLANNING Director Nielsen noted there had not been a meeting of the Planning Conunission since the most recent Regular City Council meeting; thus, there was nothing to report on at this time. 9. GENERAL/NEW BUSINESS A. Approval of Certification of Delinquent Utility Charges Administrator Dawson explained the City Code provided for annual certification of delinquent utility bills against the properties served. Each property owner was given an opportunity to object to this proposed certification of delinquent accounts and as part of the appeal process, might request a hearing in front of the Council. He then briefly explained the process to be utilized this evening, noting one resident wished to address Council on this matter. Ron Johnson, 5355 Shady Hills Circle, stated he attended a meeting of the City Council in January of 2005, requesting a review ofthese utility charges and had heard nothing to date. He went on to state the Council had taken an oath of office to uphold Constitutional amendments as part of their role in office and he did not believe Council was doing so. He noted the City had allowed additional drainage to flow onto his property from a neighbor. He also stated the United State Supreme Court made it perfectly clear that any minute intrusion caused by government shall be compensated for that intrusion and he did not believe this was taking place. Mr. Johnson then stated he believed he was being treated unequally from other residents in the City due to this intrusion on his land. Councilmember Turgeon stated this surcharge was a sump pump surcharge against Mr. Johnson's property because his property had not been able to be inspected for a connection, and this surcharge had nothing to do with additional water being discharged onto his property. Administrator Dawson explained this property was the only property within the City that had not been allowed to conduct an inspection of the property related to this sump pump surcharge. Councilmember Wellens questioned the original ordinance, noting that it seemed an assumption of guilt by the City if the City was not certain if a sump pump was located on the property. Administrator Dawson went on to explain that without an opportunity to inspect the property, there was no way to verify that a sump pump did not exist on the property. He also stated this regulation had been enforced in this manner since the inception of the program. Attorney Keane stated this process of enforcement had been tested by the State and federal courts as well. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING October 24, 2005 Page 4 of 5 Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-097, "A Resolution Directing Delinquent Sewer Charges, Storm Water Utility Charges, Water Charges, Recycling Charges, City Clean-Up Charges, Dry Hydrant Charges, and Sump Pump Charges be Placed on the 2006 Property Tax Rolls." Motion passed 4/1, with Wellens dissenting. 10. ENGINEERING/PUBLIC WORKS A. Acceptance of Letter Withdrawing Petition for Timber Lane Watermain Engineer Brown stated the City of Shorewood had been in process of a project petitioned by the residents along Timber Lane, for consideration of the extension of municipal water service along Timber Lane. The project was brought through a public bidding process, and rejected due to the high bid costs received, It was the intent of Staff that the project would be re-bid in conjunction with the proposed Southeast Area-Amesbury Interconnect project currently under design. It was anticipated that the pricing would be lower due to the economies of scale with the larger project. After this process, total engineering costs were approximately $34,000, which could be charged to the property owners. Mr. Steve Haskins, author of the petition, had since requested that the petition be formally withdrawn due to cost concerns. After Staff review, and without objection, this item was continued to the November 7, 2005, City Council work session for additional consideration. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown stated the County Road 19 Intersection project continued to move forward with paving of the roadways nearing completion for the season this week. In addition, he extended special thanks to the South Lake Minnetonka Police Department for its vigorous enforcement of the speed limits in the construction areas along County Road 19. He also explained Hennepin County had declined requests at this time to extend the sidewalk associated with the project to the H.C.R.R.A. trail at the northerly Shorewood municipal border and to construct a walking pedestrian tunnel under County Road 19 in the vicinity of the Southshore Senior Community Center. Administrator Dawson stated the City had accepted a resignation letter from the Recording Secretary Sally Keefe, due to her family's relocation. He thanked her for her efforts on behalf of the City and noted she would be missed. Mayor Love presented Recording Secretary Keefe with a plaque of appreciation for her years of service, noting she had provided the City with professional services with humor and grace. Recording Secretary Keefe thanked the Council and City Staff for the fine plaque, stating she would miss everyone very much. She stated she had learned a great deal in this position, and she wished everyone the best, personally and professionally, in the future. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING October 24, 2005 Page 5 of5 B. Mayor & City Council Mayor Love noted there would be a meeting of the Excelsior Fire District Governing Board and the South Lake Minnetonka Police Department Coordinating Committee this week for any Councilmembers and residents that wished to attend. 12. ADJOURN Attorney Keane stated there would be an Executive Session meeting after the adjournment of the Regular Council Meeting. He noted the reasons set forth for the Executive Session were outlined in an affidavit submitted to Council at this time. Wellens moved, Turgeon seconded, Adjourning the Regular City Council Meeting of October 24, 2005, at 8:20 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary