Loading...
110507 CC Reg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, NOVEMBER 5, 2007 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Lizee called the meeting to order at 7:05 P.M. A. Roll Call Present. Mayor Lizee; Councilmembers Callies, Turgeon, Wellens and Woodruff; Attorney Keane; Administrator Dawson; Finance Director Burton; Director of Public Works Brown; and Engineer Landini Absent: None B. Review Agenda Administrator Dawson stated at a Council work session held earlier this evening Council requested Item 9.D, Proposed Policy Regarding Council's Annual Appreciation Event, be added to the agenda. Wellens moved, Woodruff seconded, Approving the Agenda as Amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Joint City Council /Planning Commission Meeting Minutes, October 16, 2007 Woodruff moved, Turgeon seconded, Approving the Joint City Council /Planning Commission Meeting Minutes of October 16, 2007, as presented. Motion passed 5/0. B. City Council Public Forum Minutes, October 22, 2007 Turgeon moved, Woodruff seconded, Approving the City Public Forum Minutes of October 22, 2007, as presented. Motion passed 5/0. C. City Council Regular Meeting Minutes, October 22, 2007 Callies moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of October 22, 2007, as presented. Motion passed 5/0. Councilmember Woodruff questioned when Council would receive an update on what had been done to address the concerns brought to Council's attention during Matters from the Floor at its October 22, 2007, regular meeting. Administrator Dawson stated he would email Council that information later in the week. SHOREWOOD CITY COUNCIL REGULAR MEETING November 5, 2007 Page 2 of 9 D. City Council Special Meeting Minutes, October 29, 2007 Turgeon moved, Woodruff seconded, Approving the City Council Special Meeting Minutes of October 29, 2007, as presented. Motion passed 5/0. E. City Council Work Session Minutes, October 29, 2007 Turgeon moved, Wellens seconded, Approving the City Council Work Session Minutes of October 29, 2007, as amended in Item 4, Page 5, Paragraph 5, add "Councilmember Woodruff indicated he had many comments to discuss with Engineer Landini later.". Motion passed 5/0. 3. CONSENT AGENDA Mayor Lizee reviewed the items on the Consent Agenda. Wellens moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List as amended to add invoice number 8232007 for the quarterly liquor liability insurance for an amount equal to $2,394.25. B. Staffing - No action required C. Accepting Low Quote and Awarding Contract for 2007 Sanitary Sewer Main Line Televising (This was moved to Item 10.B under Engineering/Public Works.) D. C-1 Zoning Text Amendment Approving ORDINANCE NO. 440, "An Ordinance Amending the Shorewood Zoning Code to Re-establish Lot Requirements, Setbacks and Building Requirements in the C-1, General Commercial Zoning District." E. Shorewood Village Shopping Center Conditional Use Permit for Signage (This was moved to Item 8.A under Planning.) F. Terminating Amlee Road, Manitou Lane, Glen Road Street Reconstruction Project, City Project 07-O1 (This was moved to Item 10.A under Engineering/Public Works.) G. Resolution Proclaiming November 10-17, 2007 to be Housing Awareness Week Adopting RESOLUTION NO. 07-071, "A Resolution Proclaiming November 10 - 17, 2007 to be Housing Awareness Week 2007." Motion passed 5/0. 4. MATTERS FROM THE FLOOR Joe Lugowski, 24710 Glen Road, asked Council to reconsider its stated direction to terminate the Amlee Road, Manitou Lane, Glen Road Street Reconstruction Project. He believed the feedback Council had received from the property owners was based on incorrect information. He related at the October 22, 2007, Council regular meeting, Jim Hoban stated if the City were his broker he would say "no deal" on the project and he asked the Councilmembers to vote their conscience. Lugowski stated based on SHOREWOOD CITY COUNCIL REGULAR MEETING November 5, 2007 Page 3 of 9 neighborhood meetings he had attended (which were also attended by Councilinember Woodruff, and neighbor and Councilmember Turgeon), he did not understand how Mayor Lizee and Councilmembers Callies and Wellens could vote no. He questioned if a no vote was the right vote. He stated he had recently spoken with staff from four neighboring cities regarding how they handled funding for improvements, and reviewed his findings. Chanhassen assessed 40 percent of street improvements. Excelsior assessed for 60 percent of sidewalk improvements for residential property owners and 100 percent for business property owners. Mound had two ways to do it; one resident stated she was assessed $4,000 for the improvements in her neighborhood. Tonka Bay was assessing for improvements on Woodpecker Road. He stated if he were a broker and considered the cost of what the assessments could be today ($20,000 - $30,000 based on what the other cities do) he would say $10,000 would be a bargain and maybe that cost would be unreachable in the future. Mr. Lugowski then stated he would like to see Staff draft a letter explaining how storm water runoff would be channeled through a specified size pipe and also how it would be directed to a pond by another specified size pipe. The letter should also explain what the construction easements were for, and the possible damage and reclamation of that easement area. It should explain the reason for the road being in the center of the right-of--way. He stated everyone understood the potential for tree loss. He stated from his vantage point the project would be a good project not only to help resolve his water issue (which was made worse with the addition of Christopher Road), but it would also benefit the property owners in many other ways. Mayor Lizee stated the termination of the Amlee Road, Manitou Lane, Glen Road Street Reconstruction Project had been removed from the Consent Agenda for the evening and it would be discussed as Item 10.A. 5. REPORTS AND PRESENTATIONS A. Lake Minnetonka Conservation District (LMCD) Representative, Tom Skramstad Report on LMCD Activities LMCD Board Chair Skramstad provided an update on LMCD activities, as detailed in the report distributed to Council. Chair Skramstad stated with regard to the Milfoil Demonstration Project two of the areas treated had positive results; the results for third area treated were not as good. Based on the results of the project it appeared that the treatment would not be a one-time application; it would probably have to be done every few years. The cost for the demonstration project was $20,000 for the very small portion of Lake Minnetonka which was treated; to treat a larger portion of the Lake would take a great deal of money and there was no funding available for that at this time. He then stated what, if any, next steps would be taken in treating the Lake would be one of the outcomes of the Lake Vegetation Management Plan (LVMP). Financing for the effort would need to come from the fourteen LMCD member cities, Lakeshore owners, businesses (e.g., charter boat operations, marinas, etc.), and recreational users of the Lake. With regard to the LVMP, Chair Skramstad stated three public meetings had been held and the feedback from those meetings would be tabulated. The turnout for the meetings was modest. After the tabulations were done the participating agencies would then prepare the LVMP. He would provide Council with a date for when the LVMP was estimated to be completed when it was available. SHOREWOOD CITY COUNCIL REGULAR MEETING November 5, 2007 Page 4 of 9 With regard to the Internet Landing Installed Device Sensor (ILIDS) program, Chair Skramstad stated preliminary indications were the program was successful based on on-site surveys conducted. People stated they were more attentive to not transporting exotic species on their boats because signs informed them that they were being observed. Councilmember Turgeon questioned if there was any statistical information available to prove the program was successful. Skramstad stated there were some data but he did not have that at the moment. Councilmember Turgeon stated she had read that the Department of Natural Resources (DNR) may consider relaxing its eight-foot maximum dock width regulation. Chair Skramstad stated he did not think the DNR would relax that regulation; the DNR may not actively enforce it. In response to a question from Mayor Lizee, Chair Skramstad stated that in most of Shorewood for a residential lakeshore property owner to have more than four boats (boats with a motor greater than ten horsepower), one must have enough lakeshore (fifty feet per boat) and one must get a multiple dock license. Lizee questioned if the LMCD had considered revising its ordinance regarding number of boats so that personal watercraft may be counted differently; the ordinance was put in place prior to the influx of personal watercraft. Skramstad stated the LMCD Board was reviewing its current ordinances to ensure they were still relevant. Chair Skramstad suggested the City consider appointing its representative to the LMCD Board for a three-year term. He explained when the State created the LMCD it stated that the LMCD Boardmembers would have athree-year term; Shorewood appointed its Boardmember for aone-year term. Mayor Lizee stated Council would discuss that before the position was posted in December. Mayor Lizee stated Chair Skramstad was not going to apply for the City's LMCD Boardmember position at the end of the year. She then stated Skramstad had served the City well in that capacity and that he had been a fabulous LMCD Board Chair. She thanked him for his efforts. 6. PUBLIC HEARING None. 7. PARKS No report was given because there had not been a Park Commission meeting since the last City Council Regular meeting. 8. PLANNING No report was given because there had not been a Planning Commission meeting since the last City Council Regular meeting. A. Shorewood Village Shopping Center Conditional Use Permit for Signage This item was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated he had spoken with Director Nielsen on Friday, November 2, regarding the draft resolution for a Conditional Use Permit for Signage for the Shorewood Village Shopping Center and during that conversation they had concluded there were some modifications needed to the draft SHOREWOOD CITY COUNCIL REGULAR MEETING November 5, 2007 Page 5 of 9 resolution. He then stated Nielsen had recommended this item be continued to the November 26, 2007, Council meeting. Woodruff moved, Turgeon seconded, continuing the matter of the resolution granting a conditional use permit for multiple signs to Shorewood Village Center to a November 26, 2007, Council meeting. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Proposal for Additional CSO Services by SLMPD for 2008 Budget Administrator Dawson stated at its October 30, 2007, meeting the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee recommended that its member city councils approve the proposal for expanded services through community services officers (CSOs). He explained the member city councils reviewed the proposal this past summer, but none took action to include it in its 2008 budget at that time. The councils requested further information and they had agreed to consider the proposal in the fall. He stated SLMPD Chief Litsey had provided the additional information as requested. He noted that the Tonka Bay city council had approved the services for 2008 provided the other member cities' councils also approved the proposal. He explained a small portion of expanded CSO services would be used to provide animal control (approximately 15 percent of the additional 2080 hours of service per year); the remaining hours could be used to do many activities now done by sworn officers (sworn officers would be able to spend more time on activities that required a license to perform them), and the CSOs could also assist the member cities directly with activities such as nuisance violations. In response to a question from Councilmember Turgeon, Chief Litsey explained that under the current Orono contract for animal control services for three of the member cities, many of the animals are first transported to the SLMPD where they were kept overnight. He then explained under this proposal for the short-term stays animals would be kenneled at the SLMPD and the owner would be charged a fee for that. For longer-term stays (e.g., 3 - 4 days) the plan was to retain the Mound Police Department to quarantine the animals. Mound also charged $16 per day for an animal which the owner had to pay when they retrieved the animal. If the owner did not retrieve the animal, the appropriate city would have to pay the fee. In response to another question from Councilmember Turgeon, Chief Litsey explained the SLMPD used a full-sized vehicle to patrol the trails along with the cities' parks for ordinance violations. During the summer bikes would be used. Turgeon stated the Three Rivers Park District had its park patrol do similar activities from March through November each year. Litsey explained the park patrol was not available to do those activities most of the time. Woodruff moved, Wellens seconded, approving the South Lake Minnetonka Police Department proposal for expanded Community Service Officer coverage, and that it be included as a basic service to be provided by the SLMPD. Motion passed 5/0. B. Amendment to Title 400, Liquor Regulations and Title 1300, Municipal Fees, of the Shorewood City Code Administrator Dawson stated because the Council had decided to sell the City's liquor stores, the City's Liquor Ordinance needed to be updated to abolish Municipal Liquor Stores and allow for the off-sale of SHOREWOOD CITY COUNCIL REGULAR MEETING November 5, 2007 Page 6 of 9 alcoholic beverages by license. Also, an off-sale liquor license applicant fee and investigation fees needed to be established. Dawson then thanked Deputy Clerk Panchyshyn for shepherding the effort. Panchyshyn had reviewed the City's ordinance and identified ways the Code could be made significantly easier to understand. She also reviewed the Minnesota League of Cities' model ordinance, contacted the State, worked with people at the City Attorney's office, and reviewed other cities' ordinances. She also updated the ordinance to be compliant with State Statute. He then highlighted the changes to the ordinance. He related that the City Attorney thought the amended ordinance looked absolutely great. In response to a comment from Councilmember Turgeon, Administrator Dawson stated it was his understanding that liquor could be served at the Southshore Center provided it was not sold. Wellens moved, Woodruff seconded, Approving ORDINANCE NO. 441, "An Ordinance Amending Title 400, Chapters 401 through 404 of the Shorewood City Code Relating to Liquor" as amended in Section 401.18 Subd. 2 delete "and no person shall consume liquor in any place" Motion passed 4/1 with Lizee dissenting. Wellens moved, Turgeon seconded, Approving ORDINANCE NO. 442, "An Ordinance Titled `License, Permit, Service Charges and Miscellaneous Fees'." Motion passed 4/1 with Lizee dissenting. Wellens moved, Turgeon seconded, Adopting RESOLUTION NO. 07-072, "A Resolution Approving Publication of Ordinance No. 441 and Ordinance No. 442 by Title and Summary." Motion passed 4/1 with Lizee dissenting. C. Selection of Architect for City Hall Project Administrator Dawson stated in August 2007 the Council decided to pursue a concept that would remodel/renovate City Hall, and likely would move Council Room activities to an off-site location. As part of its decision, the Council also directed Staff to start the process to retain architectural services for the project. Three firms that responded to the City's Request for Proposals (RFP) were interviewed by Staff in mid-October and two were requested for a final presentation/interview on October 29. Collaborative Design Group (CDG) and Oertel Architects presented to Mayor Lizee, Councilmember Turgeon, Director Nielsen, Director Brown and him on that date. The City's team reached a quick consensus to recommend that Council authorize the services of Collaborative Design Group. Councilmember Turgeon stated she went to East Bethel to take a look at a city hall project CDG did. The East Bethel City Staff was pleased with CDG's work, the project came in under budget, and the facility was very mce. Councilmember Callies questioned if CDG had any continents or questions about the City's remodel/renovation project. Councilmember Turgeon stated CDG did not express any apprehension about the City's project. Turgeon said CDG appeared to have creative ideas about the ADA compliance part of the project, and CDG had a strong interior design group and they thought the focus of the project would be on the interior of the building. Turgeon went on to state CDG intended to have City Ha11 portray a small town image. Councilmember Wellens commented the report of CDG stated City Hall "was structurally sound and well suited to renovation". SHOREWOOD CITY COUNCIL REGULAR MEETING November 5, 2007 Page 7 of 9 Mayor Lizee stated during the interview process it became apparent that one of CDG's greatest strengths was creative problem solving. She then stated until the structure of the building was inspected in depth it would not be possible to know the quality of the structure. Turgeon moved, Woodruff seconded, authorizing the services of Collaborative Design Group, Inc., for the City Hall project per its proposal of October 2007, and authorizing the execution of an agreement for services subject to the approval of the City Attorney. Motion passed 5/0. D. Proposed Policy Regarding Council's Annual Appreciation Event Administrator Dawson stated the proposed policy for the Council's annual appreciation event had been discussed at a work session earlier that evening. At the work session Council requested the policy be placed on the meeting agenda for adoption. Callies moved, Wellens seconded, adopting the proposed policy for the Council's annual appreciation event as part of an employee recognition program. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Terminating Amlee Road, Manitou Lane, Glen Road Street Reconstruction Project, City Project 07-O1 This item was removed from the consent agenda at Councilmember Turgeon's request. Engineer Landini stated at the October 22, 2007, Council meeting a Public Hearing was held to take public comment regarding the Amlee Road, Manitou Lane and Glen Road Street Reconstruction Project. The majority of the property owners present were in opposition to the project. He then stated a few of the adjacent property owners opposed granting the City the necessary temporary and permanent easements to construct the improvements. That opposition would have forced the City to begin condemnation proceedings. Therefore, Council directed Staff to prepare a resolution terminating the Amlee Road, Manitou Lane and Glen Road Street Reconstruction Project. Councilmember Turgeon stated she requested this item be pulled from the consent agenda so she could recuse herself from voting on this resolution because she owned property in the proposed project area. She then stated she had forwarded a letter to Administrator Dawson for Council from one of the property owners (John Miller, 24925 Glen Road) which requested the City form a committee comprised of property owners, members of the staff, and members of the Council to discuss other alternatives for doing the project. Councilmember Callies stated she was not opposed to the property owners forming a committee of their own to explore alternatives. She then stated the reason she will vote to terminate the project was because of the unwillingness of some of the property owners to grant the necessary easements. She went on to state she was reluctant to have Staff spend more time on the project unless there was a commitment by the property owners to grant the necessary easements. She noted the City had already spent more than $60,000 on consulting engineering services on the project. Councilmember Woodruff stated during his tenure the Council there had been many discussions about the project, and in the last 60 days an emotional peak had been reached by affected parties. He then SHOREWOOD CITY COUNCIL REGULAR MEETING November 5, 2007 Page 8 of 9 stated if a committee were to be formed he suggested there be a 90-day cooling off period before discussions would begin. Mayor Lizee stated she appreciated Councilmember Woodruff's perspective; but, she thought it prudent that the property owners commit to granting the easements before Staff spent any more time on the project. She then stated there were other areas in the City where projects could be done and the projects would be welcomed. She thought the project should be terminated, and if the circumstances changed the project could be considered at another time. Councilmember Wellens stated he did not think Staff should spend any more time on the project unless the property owners were willing to make the necessary commitments. He suggested Staff focus its time on other projects. Mayor Lizee stated the Council, Staff, and property owners had learned many things on this project that would prove valuable in future projects. Woodruff moved, Wellens seconded, Adopting RESOLUTION NO. 07-070, "A Resolution Terminating the Amlee Road, Glen Road and Manitou Lane Reconstruction Project." Councilmember Callies stated she was very sorry that the project had to be terminated, but it was not feasible to acquire the necessary easements through eminent domain. She then stated the roads would not be improved and City water would not be installed in the project area unless something was to change on the part of the property owners. Motion passed 4/0/1 with Turgeon recusing. B. Accepting Low Quote and Awarding Contract for 2007 Sanitary Sewer Main Line Televising This item was removed from the consent agenda at Councilmember Woodruff's request. Councilmember Woodruff stated he request this item be removed from the consent agenda because there was only one firm that responded to the request for bid. The quote received was for $100,619 for the entire project. Staff recommended the project scope be reduced to $50,000 to meet the statutory quote limit. He questioned what Staff's expectation was regarding the cost of the total project. He also questioned what the plan was to do the remainder of the project. Engineer Landini stated Staff thought the quote for the main line televising portion of the project was close to what Staff would have anticipated, and that portion of the project had to be done to determine the scope of the chemical grouting component of the project. He then clarified some chemical grouting would be done as part of the downsized project; if there was more chemical grouting required than could be done within the $50,000 project limit additional funds would have to be authorized for that effort. Woodruff moved, Turgeon seconded, Adopting RESOLUTION NO. 07-069, "A Resolution Accepting Quote and Awarding Contract for 2007 Sanitary Sewer Jet Vacuum Cleaning, Main Line Televising, Structure Inspection, Lateral Inspection and Internal Chemical Grouting Project." Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING November 5, 2007 Page 9 of 9 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated the Southshore Center working group met on November 2, 2007. The group established committees to discuss what the vision of the Southshore Center should be for the community with the understanding it would be a community center and not just a senior center, and to discuss management structures. The next meeting of the working group was scheduled for November 27, 2007. He then stated the new financial software had been installed and the training on the use of the software had been completed. Director Brown stated with regard to the Radio Read Meter Project all but eleven of the 305 meters in the east project area had been installed, and the installers had already spent 3.5 weeks installing meters in the west project area. He then stated resident feedback received to date had been very positive. B. Mayor & City Council Mayor Lizee recessed the meeting to an Executive Session at 8:23 P.M. 12. RECESS TO EXECUTIVE SESSION A. Litigation regarding Ascending Praise Church B. Labor Agreement Negotiations /AFSCME 13. RECONVENE TO REGULAR CITY COUNCIL MEETING Mayor Lizee reconvened the City Council regular meeting at 8:50 P.M. Callies moved, Woodruff seconded, approving the labor agreement with AFSCME. Motion passed 5/0. Administrator Dawson stated the Council discussed the litigation situation with Ascending Praise Church; the discussion was regarding working toward a settlement. 14. ADJOURN Woodruff moved, Wellens seconded, Adjourning the City Council Regular Meeting of November 5, at 8:47 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Christine Lizee, Mayor ATTEST: ~~ ~ ~ Craig~W, ?`Dawso i, city Administrator/Clerk t