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021306 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 13, 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 7:05 p.m. A. Roll Call Present: Mayor Love; Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Finance Director Burton; Director of Public Works Brown; and Planning Director Nielsen Absent: None B. Review Agenda Item 3K, Traffic Restrictions on Broms Boulevard was removed from consent and added as Item lOB. Item 12, Recess to Executive Session - City Administrator's Performance Review was continued until the February 27th City Council Meeting. Wellens moved, Lizee seconded, Approving the Agenda as Amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 23,2006 Turgeon moved, Wellens seconded, Approving the City Council Special Meeting Minutes of January 23, 2006, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 23,2006 Turgeon moved, Callies seconded, Approving the . City Council Regular Meeting Minutes of January 23, 2006, as submitted; Motion passed 5/0. C. City Council Work Session Minutes, January 23,2006 Wellens moved, Lizee seconded, Approving the City Council Work Session Minutes as presented. Motion passed 5/0. 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: Item 3E, Approval of the Park Coordinator Services Agreement was removed from the Consent Agenda and renamed Item 9B. Item 3K, Traffic Restrictions on Broms Boulevard, was removed from the consent CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE20F6 Agenda and renamed Item lOB. Item 30, No-Fault Sewer Back-up Insurance Coverage was removed from the Consent Agenda and renamed Item 9C. Lizee 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. Adopting RESOLUTION NO. 06-014 "A Resolution Approving a Temporary Gambling License for Our Lady of the Lake Church event at the Minnetonka Country Club" D. Approval of Electrical Services Agreement E. Approval of the Park Coordinator Services Agreement (This item was moved to Item 9B under GeneralINew Business) F. Adopting ORDINANCE NO. 420 "An Ordinance Amending the Shorewood Zoning Code to Allow Impervious Surface in Excess of Twenty-five Percent for Nonresidential Properties in the "S", Shoreland District"; and Adopting RESOLUTION NO. 06-015 "A Resolution Approving Publication of Ordinance No. 420 by Title and Summary". G. Adopting RESOLUTION NO. 06-016 "A Resolution granting a Conditional Use Permit for Frostad Development Co. at 23505 Smithtown Road". H. Adopting RESOLUTION NO. 06-017 "A Resolution Prohibiting Parking along a portion of Wood Duck Circle". I. Adopting RESOLUTION NO. 06-018 "A Resolution Denying a Minor Subdivision for George Danser at 5840 Christmas Lake Road". J. Approval of Agreement for Engineering Services from WSB & Associates, Inc. K Traffic Restrictions on Broms Boulevard (This Item was moved to Item lOB, Engineering/Public Works) L. Set Public Information Hearing Date for Storm Water Pollution Prevention Program (SWPPP) Public Hearing M. Authorization to Submit Pay Equity Compliance Report N. Approval of AFSCME Council 5 Labor Agreement O. No-Fault Sewer Back-up Insurance Coverage (This Item was moved to Item 9C, GeneralINew Business) CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE 3 OF 6 4. MATTERS FROM THE FLOOR There were none. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS No reports, as the Park Commission will be meeting on February 14,2006. 8. PLANNING Commissioner Gniffke reported that during the Meeting of February 7,2006, the Commission continued its work project discussion of three Zoning Districts, as well as several of the items the Council would be moving this evening. 9. GENERAL/NEW BUSINESS A. Amendments to South Lake Minnetonka Police Department Joint Powers Agreement Dawson reported that the four cities' attorneys had prepared the Fourth Amendment (since 1998) to the JPA (Joint Powers Agreement) and have all expressed their agreement that the new form accomplishes the amendments all four cities had agreed to in concept. Callies questioned why in Section 3 of the proposed Amendment the allocations of the percentages were not applicable and whether the formula on p.5 applies in any situation or merely in disagreements. Dawson stated that the Amendment replaces what had previously existed, though it may repeat some previous provisions. He added that the agreement acknowledges the cities' commitment to honor increases caused by various agreements; however, expenditures or anything beyond those commitments would be subject to the adjustment process. Mayor Love stated that the new Amendment captures the problems faced years earlier with regard to normal operating costs and personnel costs which increase. He pointed out that the percentages to be paid by the cities are the same as those in the existing agreement. Turgeon moved, Lizee seconded, Approving the Fourth Amendment to the Joint Powers Agreement for the South Lake Minnetonka Police Department. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE 4 OF6 B. Approval of the Park Coordinator Services Agreement Callies asked whether Community Rec Resources (CRR) would continue with its current partnership, as one member had relocated, and whether the service provider could foresee not exceeding the original figures proposed in its contract with the City. Kristi Anderson, CRR Representative, stated that the Coordinator Services provided to Shorewood locally would continue with regard to monitoring, communication, etc.; whereas, the out-of-town representative would attend sports information meetings and take an active role in reporting. With regard to the not to exceed portion of the contract, Anderson noted that CRR has continually fallen well below the estimated allocation for time and dollars. In addition, a first-time increase in the CRR hourly fee would not impact the proposed budget amount. Callies moved, Wellens seconded, Approving the Park and Recreation Coordinator Services Agreement with Community Rec. Resources for the year 2006, for the amount not to exceed $20,250. Motion passed 5/0. C. No-Fault Sewer Back-up Insurance Coverage Wellens asked what the deductible for the no fault back-up coverage would be and why the additional insurance is necessary according to staff. Burton stated that although there is a $500 deductible and the last claim took place in September of 2003, the City believes it is important that it be a good neighbor and help with clean-up issues faced by residents. Brown explained that, even though the insurance company ruled that the City was not at fault in the mechanical failure experienced in 2003, it has been the City's practice to help make things right with the customers. When a problem occurs, residents might not concur that the City has no fault; therefore, it has been City practice to help with the clean up, which goes a long way and makes good sense as a policy to avoid potential litigation. Wellens questioned how the coverage might impact a commercial structure, since the coverage would need to be divided among several smaller offices. Brown stated that Public Works checks lift stations daily and has installed a new telemetry system to . alert staffof any problems since 2003. Since the repairs have been completed to avoid such circumstance, Wellens asked why the coverage was necessary . Burton reiterated that in the spirit of being a good neighbor, the City wished to continue its policy and underwent a great deal of underwriting to qualify for the coverage. Brown stated that it has been City practice to have a vendor come in and assist the City with the clean-up. He maintained that, if the system failed and a case arose in which 30 homes were impacted by clean-up needs, the coverage makes good sense. Though she liked the concept of being a good neighbor, Callies pointed out that there were many exclusions to the coverage as presented. CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE50F6 Brown stated that when a back-up in a home occurs, the City goes in and performs an initial investigation. While it is both stressful for the City and the homeowner, the policy has always been to go in and perform the clean-up anyway in order to make it a workable situation for all. Though he was unaware of the policy, Mayor Love commended City staff for taking a leadership position as this would be a classic time to step in as a City to assist residents. Turgeon asked if the City would be able to handle power outages of 72 hours or more and based on exclusions, what determines whether the city would be eligible for FEMA Assistance. While he noted that the City does have back-up generators for each lift station to get them through most power outages up to 72 hours, Brown pointed out that other telemetry and high water alarms are set up to alert staff of most other situations. Wellens moved, Lizee seconded, Adopting RESOLUTION NO. 06-019 "A Resolution Establishing Limited Sewer Back-up Clean up and Property Damage Protection for Municipal Sewer Customers". Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. County Road 19 - Smithtown Road Intersection Cost Projections Brown reported that staff has been working with WSB and Associates, as well as representatives of Hennepin County, to project what the final costs for the project are anticipated to be. While the project remains within the original anticipated budgeted amounts for construction, Brown noted that matters relating to Xcel Energy and burying utilities had not been completed. Brown pointed out that the hold-up for finalization of the right-of-way from the Southshore Center is actually due to the condemnation proceedings of the adjacent car wash. Turgeon asked why there is still a City lien on the Community Center after 10 years. Brown indicated that he would investigate and report back. B. Traffic Restrictions on Broms Boulevard Brown stated that the City authorized staff to make traffic control changes to Radisson Road in order to discourage cut-through traffic from the high schooL The traffic control changes included installing additional signs restricting turning movements onto Broms Boulevard during peak house. As proposed, Brown stated that the signs may be objectionable to the Holiday gas station; therefore, Brown asked that the City Council postpone the establishment of the proposed signs until the next agenda to allow him time to review whether the signs restrict 'thru' movement or turning movement altogether. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff None. CITY COUNCIL REGULAR MEETING MINUTES - FEBRUARY 13, 2006 PAGE60F6 B. Mayor & City Council Mayor Love stated that the Fire Board has held two meetings and will be holding a third next week. He noted that they have been positive, with little controversy thus far, and members have been striving to build on previous successes achieved with previous processes. Interesting to note, Mayor Love stated that the acting Fire Chief pointed out the difficulties any new Chief would face performing his duties as a firefighter when he has been belabored with so many additional administrative responsibilities. Turgeon stated that there is a need to appoint administrative help to the Chief. 12. RECESS TO EXECUTIVE SESSION - CITY ADMINISTRATOR'S PERFORMANCE REVIEW (postponed to February 27,2006) 13. ADJOURN Lizee moved, Wellens seconded, adjourning the City Council Regular Meeting of February 13, 2006, at 7:43 p.m. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary ATTEST: