Loading...
010906 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 9, 2006 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; Associate Attorney Mayeron; Finance Director Burton; Director of Public Works Brown Absent: Attorney Keane; Planning Director Nielsen B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Administrator Dawson requested Item 8A, Text Amendment of C-3 Zoning District, be continued to a future meeting. Lizee moved, Turgeon seconded, Approving the Agenda as Presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, December 12,2005 Wellens moved, Turgeon seconded, Approving the City Council Work Session Minutes, December 12, 2005, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, December 12, 2005 Turgeon moved, Callies seconded, Approving the City Council Regular Meeting Minutes of December 12, 2005, as Amended, on Page 7, Item 9Al, Paragraph 1, Sentence 5, remove item 2, "... 2) he did not understand how the "Proposal" would benefit the Shorewood residents - Police service would either be based on the outcome of the arbitration or property values, rather than on a per call basis; and renumber numbers 3-6 consecutively as numbers 2-5. Motion passed 5/0. 3. CONSENT AGENDA Wellens moved, Turgeon 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. Adopting RESOLUTION NO. 06-001, "A Resolution Approving Licenses for Tree Trimmers." SHORE WOOD CITY COUNCIL MEETING January 9, 2006 Page 2 of 7 D. Adopting RESOLUTION NO. 06-002, "A Resolution Setting the 2006 Regular City Council Regular Meeting Schedule." E. Approval of the Recording Secretary Services Agreement F. Adopting RESOLUTION NO. 06-003, "A Resolution Approving Supplemental Agreement 5 for the County Road 19 Intersection Reconstruction Project, S.A.P. 216-101-02; S.A.P. 27-619-18." G. Adopting RESOLUTION NO. 06-004, "A Resolution Establishing a Policy for Out- of-State Travel by Members of the City Council." H. Establishing May 20, 2006, as Spring Clean-up Day 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS Director Brown reported there had not been a meeting of the Park Commission since the most recent Regular City Council Meeting; thus, there was nothing to report on at this time. The next meeting of the Park Commission was scheduled for Tuesday, January 10,2006, at City Hall at 7:00 P.M. 8. PLANNING Commissioner White reported on matters considered and actions taken at the January 3, 2006, Planning Commission meeting (as detailed in the minutes of that meeting). A. Text Amendment of C-3 Zoning District Applicant: Lynne Fisher Location: 24285 Smithtown Road The applicant, Lynne Fisher, requested this request be postponed until the Planning Commission had completed its study of allowable uses in the C-3 District. Councilmember Wellens stated at the January 3, 2006, Planning Commission meeting, he had suggested to the Commission that it consider rezoning the C-3 District, in which 24825 Smithtown Road was located, to a C-4 District. SHORE WOOD CITY COUNCIL MEETING January 9, 2006 Page 3 of 7 In response to a comment by Councilmember Callies, Commissioner White explained the Planning Commission had not completed its study of allowable uses in the C-3 District, and the C-2 District had been eliminated. She also stated over time the Planning Commission envisioned the possibility of eliminating the existing C-4 District. Councilmember Turgeon stated she did a site review of 24825 Smithtown Road at the request of the applicants. She stated there were a number of allowable uses in a C-4 District that she would want to discourage in that C-3 District. She noted she was appreciative of both the applicant's and the City's Issues. Mayor Love stated the applicants had proposed a plan that would be very compatible with the site, but not with C-3 zoning regulations. He then stated he agreed with Councilmember Turgeon, the consequences of the zoning change needed to be considered. He concluded the Planning Commission should assess the consequences of changing the zoning from a C-3 District to a C-4 District prior to this item coming before the Council again. 9. GENERAL/NEW BUSINESS A. Wellens moved, Lizee seconded, Adopting RESOLUTION NO. 06-005, "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2006, subject to the following amendments: Park Commission Liaison for January - June 2006 would be Christine Lizee; Planning Commission Liaison for January - June 2006 would be Paula Callies; Liquor Stores Committee - Martin Wellens would replace Laura Turgeon; Minnehaha Creek Watershed District Liaison would be Paula Callies; Riley Purgatory Bluff Creek Watershed District Liaison would be Paula Callies; and Lake Minnetonka Cable Commission would be Martin Wellens." Motion passed 5/0. B. Authorization for Benefits Consultant Services Administrator Dawson stated this item had been continued from a December 12,2005, Council meeting. Council had requested clarification that the services to be rendered by Stanton Group Services, the recommended firm, would include review of benefits communication and the open enrollment process, and identify what improvements should be considered. Dawson explained Stanton Group Services had revised its December 1, 2005, proposal to clarify the scope of work to be done, and there was no increase in cost resulting from the change. Callies moved, Turgeon seconded, authorizing the services of Stanton Group Services to perform an independent review and analysis of the City's employee benefits program, per its proposal of December 1,2005, as revised, subject to the cost not to exceed $5,800. Councilmember Wellens stated the deliverable expectation seemed vague, in particular the assessment of the benefits communication. He questioned what the communication problems were and whether or not a consultant was required to address the problems. In response, Administrator Dawson stated the Employee Benefits Committee had recommended improvements to communication timeliness, the communication effectiveness of benefits changes, and in conducting the open enrollment process. Motion passed 4/1 with Wellens dissenting. SHOREWOOD CITY COUNCIL MEETING January 9, 2006 Page 4 of 7 C. City Hall Space Needs Administrator Dawson stated Council spent the fall of 2005 reviewing options for improvements to City Hall. At a December 12,2005, work session, Council reviewed the space needs plan and sketches which showed additions totaling approximately 3,500 square feet to the upper level for approximately $2.0 million. At that meeting many on the Council indicated an interest in a remodeling/addition to City Hall rather than a replacement of City Hall. Council directed this item be placed on the January 9, 2006, City Council meeting agenda for further discussion. Councilmember Callies stated the original 2003 space needs study estimated a need for an approximately 13,000 square-foot building, and the most recent space needs proposal was for an approximately 12,000 square-foot building. She then stated the square footage for the average City Hall for communities in the area was similar. Callies explained the cost for a 3,500 square-foot remodeling/addition approach (resulting approximately in a 12,000 square-foot building) was roughly $2.0 million and the cost for a 12,000 square-foot new building was about $400,000 more. She expressed her concern with spending $2.0 million for a remodeling/additions improvement approach when $2.4 million would build a new building, and she thought it more fiscally prudent to build a new building. Councilmember Lizee stated she agreed with Councilmember Callies, construction of a new City Hall was the better approach. She stated when the age of the existing City Hall and the needs for decades to come were considered, Council needed to fulfill their stewardship responsibilities in the management of the City finances and the City Hall investment. She cited the Excelsior Library planned retrofit project as an example of a significant capital expenditure for a modest improvement. Councilmembers Wellens and Turgeon expressed their surprise by the change in direction from a remodeling/additions approach to a new building approach since the December 12,2005, work session. Councilmember Turgeon again stated she has not been convinced there was a need for an additional 3,500 square feet of space and the resulting $2.0 million expense. She stated she agreed there was a need for building improvements, a need for some level of remodeling, and a need for some required building maintenance to be done. Councilmember Wellens concurred with Councilmember Turgeon's comments. He expressed concern for a potentially substantial 2007 tax increase if the City were to assume more funding responsibility for the EFD budget, and if the City's financial responsibility to the SLMPD was increased significantly. He expressed concern for the possible cost of a new or improved City Hall. Councilmember Turgeon added the possibility of $1.0 million cost for storm water management improvements. Mayor Love stated consensus had been reached on the need for improvement, and the amount of additional space required to satisfy the need had been an area of contention. He stated he shared the concern regarding return on investment for a remodeling/additions approach. He then stated there would be cost efficiencies lost with the remodeling approach, and there would be additional costs for temporary Staff relocation with the new building approach. Love noted any approval would be for continued planning, and not approval for the project. Callies moved, Lizee seconded, to authorize further planning for improvements to City Hall not to exceed a building of approximately 12,000 square feet of space. Motion passed 3/2, with Turgeon and Wellens dissenting. SHORE WOOD CITY COUNCIL MEETING January 9, 2006 Page 5 of7 Councilmember Turgeon stated, for clarification, the motion did not mean approval for an increase of 3,500 square feet of space. D. SLMPD Arbitration Panel Administrator Dawson stated all four SLMPD member cities approved what had become known as the "Saunders Proposal". The "Proposal" contained a number of amendments to the JPA which would take place prior to entering into one-time binding arbitration regarding SLMPD funding. The JP A amendments were in progress and would be reviewed by the city attorneys of the SLMPD member cities prior to being presented to the Council later in January. The city attorneys had reached a consensus recommendation of retired/former judges/justices to the three-member arbitration panel regarding the funding allocation issue for the SLMPD. The arbitration panel would consist of James H. Gilbert, Marianne D. Short, and Peter J. Lindberg. The Excelsior and Greenwood city councils had approved the selections, and Tonka Bay would consider them at a January 10,2006, Council meeting. Staff recommended Council approve the selections for the arbitration panel. Turgeon moved, Lizee seconded, approving the arbitration panel as recommended by the city attorneys of the SLMPD member cities. In response to a question from Councilmember Wellens, Administrator Dawson stated Council would have the opportunity to review and provide feedback to the arguments being presented to the arbitration panel. Dawson stated there would be a closed session of the Council on January 23, 2006, to discuss the arbitration strategy with Attorney Keane. He then stated he had spoken with another member city's attorney, who had spoken with Mr. Gilbert, and the attorney expected the arguments would tentatively be ready for consideration by the arbitration panel in late March 2006. He stated the location for the arbitration had not been determined, and Council could observe if they so choose. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Review of Draft Storm Water Report Director Brown explained the City had requested WSB & Associates, Inc., review the drainage issues received after the heavy storms on September 4,2005, and October 4,2005. He stated Mr. Steve Gurney, Hydrologist for WSB and Associates who was present at the meeting, had reviewed all of the concerns received, analyzed them, and made priority recommendations for responding to the issues. Gurney compiled the information in a draft report which was presented to Council. Mayor Love complimented Mr. Gurney on the quality of his report. He appreciated that the process provided an opportunity for the resident's concerns to be expressed. Director Brown stated Staff would like Council to review the categories for prioritizing storm water drainage issues and advise on the appropriateness of the categories. He stated it was not the City's responsibility to resolve all drainage issues. The City was responsible for public rights-of-way and regional storm water management issues, and there are times where difficult decisions must be made regarding prioritization and resolving. SHOREWOOD CITY COUNCIL MEETING January 9, 2006 Page 6 of7 Mr. Gurney explained he utilized a prioritization policy for evaluation of the storm water issues that was similar to what the City had used in the past. He then reviewed the prioritization categories used and a description of the categories (as detailed in the draft report). Gurney's draft report documented each issue and assigned a project number. Then each project overview identified the property, the problem, the priority classification, property hydrologic information, alternatives for correcting the problem, recommendations, and costs. Director Brown explained the cost identified for rectify each issue was a concept cost; no preliminary design had been done as of yet. The costs were assigned to aid Staff and Council with the prioritization of the projects. Director Brown stated one of the more difficult decisions Council would need to make dealt with the outlet conditions of Mary Lake. He explained the project would be very costly, and specific project costs needed to be passed on to the benefiting property owners. He also stated various means for financing the project would need to be considered (e.g. financing through the storm water management fund, a special tax district, etc.). He noted this was a high priority project and WSB had been working on a concept plan for the Mary Lake area. Brown provided a bit of history regarding Mary Lake. He noted a few years back, the Mary Lake level bottom had been pierced during a utility installation. At that time the City was required, via court order, to assist in augmenting the lake level through pumping water from the Mary Lake well. The drainage hole was no longer causing a problem; Mary Lake now has a problem with the lake level being too high. Brown explained the City becomes involved with high lake level situations similar to this when houses are endangered. Councilmember Turgeon noted there were a number of residents with storm water problems which are exacerbated by properties owned by Hennepin County, the Minnesota Department of Transportation, the City of Excelsior, etc. She stated it was important the City serve an advocacy role in helping the residents obtain support from these other governing bodies in correcting the storm water problems. Director Brown stated WSB had been in contact with the Hennepin County Regional Rail Authority (HCRRA) regarding storm water problems relating to the Southwest LRT Regional Trail. Brown stated the HCRRA explained correcting the storm water issues would result in significant tree loss along the trail, and residents are not in favor of that. Mayor Love stated the draft report was a good tool for tracking issues and identifying where the culpability was. In response to a question by Councilmember Wellens, Finance Director Burton explained there was need to conduct a storm water rate analysis and stated the City's storm water rates needed to be able to fund the types of issues discussed. In response to a second question from Wellens, Director Brown explained the storm water management fund would not sufficiently fund the identified issues, and the highest priority storm water projects were also the highest cost. Brown stated he could not identify, at this time, what portion of the projects identified in the draft report could be funded through the storm water management fund. Director Brown expressed his desire to adopt the draft report as a template for future management of storm water issues. SHOREWOOD CITY COUNCIL MEETING January 9, 2006 Page 7of7 In response to a question from Councilmember Callies, Director Brown stated category 4 implies the City bears some responsibility to fix the storm water problem, but category 5 does not. He explained the 2006 C.I.P. for storm water management had $30,000 allocated to help resolve private drainage issues. Lizee moved, Wellens seconded, accepting the draft report analyzing the drainage problem areas within the City of Shorewood. Motion passed 5/0. The final report will be presented for consideration of approval at the January 23,2006, Council meeting. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Director Brown stated Staff would present Supplemental Agreement No.6 including costs to Council at the January 23,2006, Council meeting. Administrator Dawson stated the City of Maple Plain had been accepted into the LMCC which brings the total number of cities in the LMCC to 17. Mayor Love reported the next Coordinating Committee meeting was January 18,2006, at 5:00 P.M. and the next EFD Governing Board meeting was January 11, 2006, at 7:00 P.M. He stated he had heard, unofficially, Orono was not interested in renewing its contract for services with the EFD. He stated the EFD Fire Chief DuCharme had tendered his resignation effective January 20, 2006, and there would be farewell open house for DuCharme on January 11,2006, from 4:00 - 6:00 P.M. B. Mayor & City Council 1. Administrator's Review Council established January 23, 2006, as the final date for providing Councilmember Turgeon with performance feedback for the City Administrator. Turgeon stated it would take her three days to consolidate the feedback and provide it to Council. 12. ADJOURN Wellens moved, Callies seconded, Adjourning the Regular City Council Meeting of January 9, 2006, at 8:40 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: