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021102 CC Reg Min ,. . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 11, 2002 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 Garfunkel, Lizee, and Turgeon; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Zerby B. Review Agenda Mayor Love reviewed the Agenda for this evening, noting there would be an Executive Session immediately prior to adjournment regarding ongoing litigation. Administrator Dawson requested a Report on the Joint Public Safety Facility be added as Item 9A5, and a Report on Land Use Regulation Voting Requirements be added as Item 9A6 on this evening's Agenda. . Lizee moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 28, 2002 Turgeon moved, Lizee seconded, Approving the City Council Special Meeting Minutes of January 28, 2002, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, January 28, 2002 Garfunkel moved, Turgeon seconded, Approving tJie City Council Regular Meeting Minutes of January 28, 2002, as presented. Motion passed 4/0. C. City Council Work Session Minutes, January 28, 2002 Turgeon moved, Garfunkel seconded, Approving the City Council Work Session Meeting Minutes of January 28, 2002, as presented. Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: . A. Approval of the Verified Claims List CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 11, 2002 Page 2 of6 . B. Adopting RESOLUTION NO. 02-017, "A Resolution Supporting Continuation of Hennepin County Community Development Block Grant Funding for Senior Community Services." C. Adopting RESOLUTION NO. 02-018, "A Resolution Appointing Tad Shaw as City Representative on the Minnetonka Community Education and Services (MCES) Advisory Board D. Adopting ORDINANCE NO. 379, "An Ordinance Amending the Shorewood Zoning Code Regarding Hard Cover Limitations for Properties Outside the Shoreland District. " E. Establishing May 18, 2002 as Spring Clean-Up Day F. Approval of a Massage Therapist License for Catherine Fogarty G. Approval of Full-Time Liquor Clerk Job Description and Authorization to Hire Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. . 5. PARKS Commissioner Callies reported on matters considered and actions taken at the January 8, 2002, Park Commission Meeting (as detailed in the minutes of that meeting). Commissioner Callies noted no meeting had taken place since that date; however, a Park Commission meeting was scheduled for February 12,2002. . Mayor Love questioned whether any further developments had arisen regarding a proposal for services for the Year 2002 from Minnetonka Community Education Services (MCES). Commissioner Callies responded no such proposal for Park Management Services had been received. Administrator Dawson stated a proposal was believed to be forthcoming from MCES, however, it was not yet completed. In addition, he stated it was his recollection that a plan had been made at the Joint Meeting of the Park Commission and the City Council on December 11,2001, to allow MCES to handle the Park Scheduling Services for this year, and then consider other options for the following year. Councilmember Turgeon stated this was not her recollection of events of that evening. Commissioner Callies stated the issue of in-house scheduling events within the City's parks was part of the February 12, 2002, Park Commission Meeting Agenda. Mayor Love asked Engineer Brown for his knowledge of events relating to this issue. Engineer Brown responded a proposal had not been received from MCES for Park Management Services, and he believed the item could possibly be continued to the next Park Commission Meeting, as issues related to . enforcement had not been resolved. Also he noted various dates had been considered for meeting with CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 11,2002 Page 3 of 6 . sports organizations to share City policies and regulations regarding continued use of the parks. He suggested an organizational meeting be held on Wednesday, March 13,2002, to share that information. Commissioner Callies questioned what the role of the Park Commission should be at the organizational meeting with the sports organizations. Councilmember Turgeon stated she believed the timing of this issue was critical as girls' sports teams were forming, and it was imperative to know whether adequate field time could be scheduled prior to mid-March of this year. She stated this issue had been discussed for the past 1.5 years. Further, she stated, in a similar situation a lack of respect demonstrated by a service provider would not be allowed to continue. She also expressed serious concern for the lack of diverse users within the City's park system. She stated she did not want old cycles of use to continue which left out other sports organizations. In addition, it was important to move the issue of scheduling and Park Management Services forward. She recommended the Parks Commission make a recommendation to Council regarding this matter. Mayor Love stated he did not disagree and shared her concerns; however, he did not believe questions had yet been answered regarding the current use of the parks. In addition he was concerned that various groups of users were not being recognized. He stated he believed this to be a large problem without a quick solution. He stated it was important to demonstrate expectations and set priorities. Councilmember Turgeon stated the Koegler study of the Parks found all park users could be accommodated with accurate usage of time spent on the fields shared by the sports organizations. . Mayor Love stated he did not disagree with these concerns; however, it was his understanding MCES would provide scheduling services this year. However, future plans beyond this year were questionable. Councilmember Lizee stated it was important to enable the Park Commission to deal with this issue. She did not think park users and additional sports organizations needed to be restricted by the current system of scheduling and park usage by various sports organizations. She thought it important for the Park Commission to be allowed to discuss this Agenda item and move forward. She stated to keep the status quo for another year would clearly be wrong. Mayor Love stated he did not believe the intention for this year was to handle scheduling in-house. Commissioner Callies commented the Park Commission was also having difficulty arriving at consensus regarding this issue. She did not believe expectations had been defined by the Park Commission in terms of a progression of events relating to this matter. Councilmember Garfunkel agreed with the Mayor, noting until a decision was made regarding what to do and requirements established of what was needed, he did not think it prudent to change the current process of park management. He stated it was important to establish a comprehensive listing of priorities and expectations and present those to the sports organizations regardless of whether the scheduling of events was handled internally by Staff or externally by MCES. Mayor Love stated he was annoyed with the lack of a proposal being presented by MCES at this point in time, and questioned Engineer Brown as to the history of this request. Engineer Brown stated he met with two representatives from MCES approximately three weeks ago. These representatives thought a proposal for services could be completed by this date. He had tried contacting these representatives four . days prior to this meeting, and no phone calls had been returned as of this date. . . . CITY COUNCn.. REGULAR MEETING MINUTES FEBRUARY 11,2002 Page 4 of6 Mayor Love stated he would be willing to contact these representatives regarding this matter, as he was annoyed and believed the City was not being treated appropriately with a prompt response. Councilmember Turgeon requested a deadline for a proposal being presented for consideration. Councilmember Lizee stated she believed the Park Commission had stated conclusions, and MCES had had ample time to respond to a previously established timeline. She stated she did not believe any more time should be given to preparing a proposal and suggested a 24-hour deadline. Turgeon moved, Garfunkel seconded, allowing 5 business days for a proposal to be submitted from MCES. Motion passed 3/1, with Lizee dissenting due to her belief a deadline of February 12, 2002, was ample time for a proposal. Council thanked Commissioner Callies for her comments and report. Engineer Brown stated there were no other Parks issues to bring forward at this time, however, when the proposal from MCES arrived, he would place it concurrently on the Park Commission and City Council agendas for consideration. 6. PLANNING Commissioner Pisula reported on matters considered and actions taken at the February 5,2002, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Approval of Subdivision Ordinance Revision Director Nielsen stated the following two items were related as the Planning Commission had recently spent a great deal of time reviewing and redrafting the Subdivision Regulations. He stated he would answer any questions Council may have of him regarding this matter. Turgeon moved, Lizee seconded, Adopting ORDINANCE NO. 380, "An Ordinance Adopting the Shorewood Subdivision Regulations. Motion passed 4/0. B. Approving the Publication of the Subdivision Ordinance Revision by Title and Summary Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 02-019, "A Resolution Approving the Publication of the Subdivision Ordinance Revision by Title and Summary." Motion passed 4/0. Mayor Love thanked the Planning Commission and Staff for all hard work dedicated to this revision. 7. GENERAL There was nothing further to report at this time. 8. ENGINEERINGIPUBLIC WORKS A. Inter-Agency Utility Agreement with the City of Tonka Bay . . . CITY COUNCll., REGULAR MEETING MINUTES FEBRUARY 11, 2002 Page 5 of 6 Engineer Brown reviewed a utility agreement between the Cities of Shorewood and Tonka Bay for provision of municipal sanitary sewer and water services from the City of Tonka Bay to certain Shorewood properties. He noted these areas within the City were impractical to serve by Shorewood sanitary sewer or water service, due to topographical constraints or lack of an installed water system within proximity to these lots. Previously, the Cities had permitted lots adjacent to the City of Tonk a Bay municipal boundary to connect into the Tonka Bay systems to obtain services. This agreement stated a residents desiring the use of Tonka Bay facilities would be charged at the same rate as the residents in Tonka Bay receiving the same benefit. Mayor Love thanked Engineer Brown, as well as the Shorewood and Tonka Bay staff, for efforts regarding this agreement. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 02-020, "A Resolution Authorizing the Mayor and City Administrator to Enter into a Cooperative Agreement with the City of Tonka Bay for Utility Services." Motion passed 4/0. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson reported a Cooperative Agreement would be discussed at the February 28, 2002, Minnehaha Creek Watershed District Meeting regarding Gideon Glen. 2. County Road 19 Intersection Engineer Brown reported design plans had been submitted to Hennepin County for review and redesign if needed. He noted the timing of right-of-way issues to be critical to completion of the project in a timely manner. 3. Liquor Committee Update Councilmember Garfunkel reported on a meeting held with the Tonka Bay Liquor Committee, represented by City Administrator Rob Rys, regarding plans for remaining in partnership with the City for operations of a municipal liquor store. He explained, while this issue had not been formally agreed upon, Shorewood held a strong commitment to retain a presence in the area regarding the sale ofliquor. 4. Smithtown Road Engineer Brown requested this item be moved to the Work Session Agenda for discussion, as there was a scheduling conflict for the March 21, 2002, Public Meeting regarding this matter. Without objection from Council, this matter was moved to the Work Session Agenda for this evening as Item 6. 5. Report on the Joint Public Safety Facility Administrator Dawson reported all Councils, with the exception of Tonka Bay, had taken action regarding moving forward with the plans for the Joint Public Safety Facility at 24140 Smithtown Road. He noted this matter was sla~ed for the February 12, 2002, Tonka Bay City Council Meeting. . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 11,2002 Page 6 of6 6. Report on Land Use Regulation Voting Requirements (This item was moved from Item 5 on this evening's City Council Work Session Agenda.) Attorney Keane reported an opinion had been solicited from the State's Attorney General's office regarding previous legislation allowing cities to reduce voting requirements from approval by a super majority: to approval by a simple majority when considering land use regulations. He recommended the City's ordinances be updated to reflect the outcome of this opinion. Council directed staff to prepare such resolutions and ordinances. B. Mayor & City Council Administrator Dawson noted there would be a Community Visioning Workshop Thursday, February 21, 2002, at the Southshore Community Senior Center. Mayor Love recessed the meeting to Executive Session to discuss ongoing litigation at 8:04 P.M. C Executive Session Mayor Love convened the Executive Session at 8:16 P.M. Mayor Love, Councilmembers, Garfunkel, Lizee and Turgeon, Administrator Dawson, Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen were in attendance. Council held a discussion with the City Attorney regarding ongoing litigation. Garfunkel moved, Lizee seconded, to close the Executive Session and return to the Regular Session ofthe City Council Meeting at 8:22 P.M. Motio~ passed 4/0. Mayor Love reconvened the Regular City Council Meeting at 8:22 P.M. 10. ADJOURN .... Turgeon moved, Garfunkel seconded, adjourning the Regular City Council Meeting of February 11, 2002, at 8:22 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Wood