Loading...
051302 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 13, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00P.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, Turgeon, and Zerby; Administrator Dawson; Attorney Keane, Engineer Brown, and Finance Director Burton Absent: Planning Director Nielsen B. Review Agenda Mayor Love reviewed the Agenda. Engineer Brown requested Item 9A be deleted from the Agenda for the evening. Councilmember Zerby requested Item 3D be removed from the Consent Agenda for further discussion and consideration and moved to Item 8D. Lizee moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Board of Review Meeting, April 22, 2002 Turgeon moved, Garfunkel seconded, Approving the Board of Review Meeting Minutes of April 22, 2002, as presented. Motion passed 4/0/1, with Zerby abstaining due to absence at that meeting. B. City Council Regular Meeting, April 22, 2002 Lizee moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of April 22,2002, as presented. Motion passed 4/0/1, with Zerby abstaining due to absence at that meeting. C. City Council Work Session Meeting, April 22, 2002 Garfunkel moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of April 22, 2002, as presented. Motion passed 4/0/1, with Zerby abstaining due to absence at that meeting. D. City Council Special Meeting, April 30, 2002 Zerby moved, Lizee seconded, Approving the City Council Special Meeting Minutes of April 30, 2002, as presented. Motion passed 5/0. . . . REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 2 of 8 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 02-038. "A Resolution Approving an Intoxicating Liquor License On-Sale Intoxicating Liquor and Special Sunday Sales - Minnetonka Country Club." C. Adopting RESOLUTION NO. 02-039, "A Resolution Approving an Intoxicating Liquor License Sunday and Club for the American Legion Post #259." D. Approval of the Agreement with Minnetonka Public Schools Community Education and Services for Lifeguard Services for Crescent Beach (This item was removed from the Consent Agenda and moved to Item 8D for further discussion and consideration.) E. Adopting RESOLUTION NO. 02-040. "A Resolution Authorizing Advertisement for Bids for Seal Coating." F. Appeal for Additional Time to Comply with Notice to Remove Appellant: Randy Carter Location: 26550 Smithtown Road G. Authorization to Enter into a Contract for Codification Services H. Approval of Position Descriptions for Concession Supervisor and Concessionaire I. Adopting RESOLUTION NO. 02-041, "A Resolution Approving the Permanent Appointment of Boyd Bailey as Engineering Technician ID." J. Adopting RESOLUTION NO. 02-042, "A Resolution Approving the Permanent Appointment of Terry "Red" Tower as Light Equipment Operator." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PRESENTATIONS A. Presentation by the Legacy Foundation Michael Reichart, of the Legacy Foundation, thanked Council for the opportunity to provide information on the Legacy Foundation to the Council. Mr. Reichart explained the mission of the Legacy Foundation was to adopt significant lake-area projects that enhance its livability by providing the leadership, vision, REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 3 of 8 . and ability to marshal the diverse resources available. fu addition the Legacy Foundation would exist to coordinate the necessary inter-jurisdictional approvals and support that were necessary for successful completion of each endeavor. Further, he explained the challenge to each endeavor was to make sure it was consistent with the heritage of the lake area; would further the preservation of the assets the area has to offer; and would, in some way, benefit every resident and visitor, as well as being aesthetically pleasing, environmentally correct, an unequivocal improvement to the entire lake community, and be done within a carefully managed budget. Mayor Love thanked Mr. Reichart for his presentation, noting the goals of the Foundation seemed to mirror those of the Council with regard to blending recreational areas and public services, and to the extent possible, looking for common goals. He stated he appreciated the involvement of the private sector, as he believed it the only way possible to move forward in these endeavors. Councilmember Zerby questioned the status of The Commons project in Excelsior. Mr. Reichart explained the Foundation had undertaken the project of generating consensus regarding revitalizing The Commons. He stated there was consensus for improving the visitor access to the business district and The Commons by boat, and providing dockage for local City residents wanting to dock boats near The Commons. Further, the project included focusing on accommodating visitors to the Excelsior business district. He noted the project also provided the opportunity to work with other lake area cities to provide better access to cities from the lake. . Councilmember Zerby also questioned whether plans had been made to meet with the City's Park Commission. Mr. Reichart stated it was important to seek consensus among the communities and work together to support efforts for the lake area. He stated he would contact Administrator Dawson to set up a meeting with the Park Commission regarding appropriate projects of the Legacy Foundation. Mr. Reichart thanked the Council for its questions and input regarding future projects for the Foundation. 6. PARKS A. Report on Park Commission Meeting Held April 23, 2002 Commissioner Meyer reported on matters considered and actions taken at the April 23, 2002, Park Commission Meeting (as detailed in the minutes of that meeting). Mayor Love commented he was concerned for the implementation of a "dog park" in the City as there was limited green space in the City, and he wanted to be sure all user groups were being benefited by the City's park system. Councilmember Zerby questioned whether interviews had been conducted by the City consultant regarding the Master Plan for the City Parks. Engineer Brown explained that had not been part of the expectation from the consultant. Councilmember Zerby stated he was concerned revisions were being made to the current Master Plan for the Parks with out having a long-range vision from the users of the parks. Park Commission Chair Arnst was in the audience and stated that information was being collected by the Park Commission and would be available in the fall of this year. . Councilmember Turgeon encouraged the Park Commission to keep an open mind when considering all options in planning for needs of all user groups within the City parks. She also stated she was very excited the Park Commission was working on a Master Plan for the City parks that would benefit residents into the future. REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 4 of 8 . B. Accepting Business Plan for "The Depot" at Eddy Station Engineer Brown explained a business plan had been developed for a concession stand located within Eddy Station in Freeman Park. He stated the stand had been named "The Depot", reflecting the local history of Eddy Station and the nearby area. He reviewed demographics of current park users, the potential products to be sold, required equipment, labor costs, and financial considerations for starting a business such as this one. Councilmember Lizee stated the submitted proposal was terrific in its detail for the proposed concession stand. She noted it was exciting to see the amount of detail included in the business report and marketing aspects of the proposal. Further, she noted the research indicated it would be a good endeavor, and she stated she would like to see the concession stand open for business as soon as possible. Mayor Love stated he thought it wonderful, but was concerned for the lack of listing all overhead costs in the start-up phase of the stand. Councilmember Zerby also stated he thought it was a great report. fu addition, he questioned potential risks and liabilities, security at the site, and possible conflicts with other planned events. Councilmember Garfunkel suggested the stand be open on Sundays, in addition to other days of the week. Turgeon moved, Lizee seconded, to Accept the Business Proposal and give the project the highest priority in implementation. Motion passed 5/0. 7. PLANNING . Commissioner Woodruff reported on matters considered and actions taken at the May 7, 2002, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Temporary Sign Permit - Shorewood Market (a.k.a. ICO, a.k.a. Total Gas) Applicant: Ford Thatcher Location: 5680 County Road 19 Administrator Dawson explained, in the absence of Director Nielsen, the next two items were related to the same property. He explained the applicant intended to reopen the formal Total Gas station/convenience store at 5680 Manitou Road and had requested approval of sign permits for the site. fu order to open in the next week, the applicant was requesting a temporary sign permit for a 3' x 8' banner. B. Sign Permit - Shorewood Market Applicant: Ford Thatcher Location: 5680 County Road 19 . With regard to the permanent signage being requested, Administrator Dawson explained the matter became more complex. The sign the applicant proposed complied with size and quantity requirements of the Zoning Code. This site was allowed to have three signs, one of which could be freestanding. The applicant proposed two wall signs to be located on the west side of the building as well as use of the existing freestanding pylon sign structure located in the southeast corner of the site. Administrator Dawson noted the complicating issue was the nonconforming billboard on the site. Director Nielsen had recommended that any approval of the permanent sign permit be subject to the removal of the billboard within 30 days as directed to the billboard company in a letter from the American Legion, as the Legion had entered into a prior lease agreement with the billboard company regarding this signage. Further, . . . REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 5 of 8 Director Nielsen had noted the new signs could not be erected until the City would receive a copy of that letter. Administrator Dawson noted this issue remained unresolved as of this date. Zerby moved, Garfunkel seconded, Approving the Temporary Sign Permit, and to continue consideration of the Sign Permit for permanent signage to May 28, 2002, for Ford Thatcher, of Shorewood Market, 5680 County Road 19. Motion passed 5/0. 8. GENERAL A. Amendment to the Joint Powers Agreement for Excelsior Fire District Administrator Dawson explained in August, 2000, three years of work culminated in the establishment of the Excelsior Fire District as the mayors of the five cities signed the Joint Powers Agreement that created it. ill setting up the new organization, one of the key matters for the City of Excelsior was the commitment of all the cities to providing new facilities for the Fire Department in a relatively short timeframe. Duration and Dissolution of this district was to take place by December 31, 2002, should a Capital Improvement/Finance Plan not be adopted by July 1,2002. Administrator Dawson explained that the City of Excelsior had proposed, and the EFD Board had had recommended approval of, an amendment at this time due to the currently proposed schedule for construction of the Joint Public Safety Facility. Garfunkel moved, Turgeon seconded, Adopting RESOLUTION NO. 02-043, "A Resolution Approving the First Amendment to the Excelsior Fire District Joint Powers Agreement." Motion passed 5/0. B. Establishing Polling Locations for the 2002 Elections Administrator Dawson explained the City must adopt a resolution establishing the location of the polling locations for each voting precinct by June 11, 2002 for the 2002 Elections. He stated the following locations would be used as polling sites with a site needing to be determined for Ward 3, Precinct 1. Ward 1, Precinct 1: Ward 1, Precinct 2: Ward 2, Precinct 1: Ward 4, Precinct 1: LaBore Residence, 4445 Enchanted Point Minnewashta Church, 26710 W. 62nd Street City Hall, 5755 Country Club Road Excelsior Covenant Church, 19955 Excelsior Blvd. With regard to Ward 3, Precinct I, Administrator Dawson stated three possible polling sites had been determined. Of the three sites visited by Staff, he noted the Excelsior United Methodist Church seemed particularly suitable, as it was more centrally located within the precinct. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 02-044, "A Resolution Approving Polling Locations for the City of Shorewood." Motion passed 5/0. ill response to Councilmember Turgeon's question, Administrator Dawson explained, voters would be notified by mail, newsletter, newspaper, and via the City's website about the new polling locations within the City. REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 6 of8 . c. Discussion on Public Safety Facilities Administrator Dawson reviewed progress made on the Public Safety facilities to this point in time, noting the governing boards of the Excelsior Fire District (EFD) and South Lake Minnetonka Police Department (SLMPD) endorsed the fire and police facilities, with the understanding continued efforts be made to reduce the anticipated cost of the plans. A Joint Work Session of the five City Councils was convened on May 1,2002, in order to present the proposal recommended by the governing boards. Through May 14, 2002, each individual City Council would discuss the proposed project. As part of this discussion, the Councils were expected to provide direction to their representative on the public safety governing boards about any changes, parameters, or conditions believed appropriate regarding the project. He also noted the building budget must be approved by June 14,2002, for construction to begin by November 1,2002. Administrator Dawson then briefly reviewed the financing for the project explaining this financing would be secured through the Shorewood Economic Development Authority (EDA), with the use of lease revenue financing. He explained the project costs were based upon the current funding formula and upon 100% ad valorem in 2010, as called for in the Joint Powers Agreement. Next, Administrator Dawson reviewed procedural matters for the EFD and SLMPD, as well as the Cities of Shorewood and Deephaven, and the Shorewood EDA. Administrator Dawson noted the presence ofEFD Chief DuCharme and SLMPD Chief Litsey at tonight's meeting for presentations and questions. . Chief Litsey reviewed the history of the planning process for the Public Safety Facility, the police station, and the need for partnering with the EFD. In addition, he reviewed the proposed plans for the site as well as advantages to the proposed layout of the. facility demonstrating space needs and potential for future use within the building. Chief DuCharme stated the EFD had been assigned the task of designing a fire station that would meet the needs of the community many decades into the future. He explained the proposed design included plans that would allow the EFD to comply with mandated criteria and activities as well as preserve the character of the surrounding neighborhood. He also noted the challenges to the existing topography of the site in the design process. He then reviewed the proposed layout of the EFD portion ofthe building. Mayor Love stated he appreciated the cost analysis that had been prepared for the project, noting the total cost of the main station was expected to be approximately$12,300,000, and the cost of the East Side facility was expected to cost approximately $2,060,000. . Councilmember Turgeon stated she understood the need for the facility, but believed the cost needed to be justified to taxpayers. She questioned whether any comparisons had been conducted with other local cities also building new facilities. Also, she expressed concern for providing information to area residents about the cost of the project, as well as advantages and disadvantages for the proposed design plans. Chief DuCharme explained comparisons had been conducted with the proposed design plans for the new public safety facilities in the Cites of Long Lake and Mound. He explained there were similarities and differences in the proposed facilities for each municipality; however, he anticipated the total cost for the facility in Mound would be approximately the same amount as the EFD West Station. Mayor Love reviewed the process to be utilized for providing information to residents once the final design plans were in place. He also thought it important to point out the impact of insurance ratings on municipalities as the new Public Safety Facility could potentially cause a substantial reduction in home insurance rates, and possibly offset the expenditure for local taxpayers. . . . REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 7 of 8 Councilmember Zerby questioned the next steps in the design process for the member cities of the Joint Powers Agreement, and noted the size of the lobby to be undersized for its intended purpose. Mayor Love explained the requirements of the design process for the Council at this time and thanked the Chiefs for their presentations and presence at this meeting. D. Approval of the Agreement with Minnetonka Public Schools Community Education and Services for Lifeguard Services for Crescent Beach (This item was moved from Item 3D.) This matter was discussed prior to Item 8C on this evening's Agenda. Councilmember Zerby stated he had requested this item be removed from the Consent Agent to receive further discussion and consideration as he wondered about the possibility of having the Park Commission and City handle hiring of lifeguard services for Crescent Beach. Councilmember Lizee noted difficulty in hiring lifeguards for local beaches. In addition, Administrator Dawson explained lifeguards employed by MCES were often rotated among the South Lake Minnetonka area beaches. Zerby moved, Lizee seconded, Approving and Authorizing the City Administrator to Execute the Agreement for 2002 Lifeguard Services with Minnetonka Community Education Services. Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS A. Authorization for Engineering proposal for Smithtown Road Improvement Project This item was removed from this evening's Agenda. Engineer Brown noted it would appear on a later Council Meeting Agenda when a complete proposal was available. 10. REPORTS A. Administrator & Staff 1. Gideon Glen 2. County Road 19 Intersection 3. Glen Road Area Drainage Project Engineer Brown explained the projects discussed as part ofItem lOA were all interrelated. With regard to the Gideon Glen project, He noted the Minnehaha Creek Watershed District was continuing to review the project and a meeting would be scheduled soon to discuss findings. Regarding the County Road 19 intersection project, he stated plans would take approximately six weeks to be reviewed for Minnesota State Aid funding. The Glen Road Area Drainage project plans continued to be reviewed by the Minnehaha Creek Watershed District as well. Engineer Brown stated the tile system in the Glen Road area had been obstructed and had backed up in the recent rainfall. He noted the Public Works crew had been successful in opening the clogged drain tile system and allowed the water to drain in an effort to remedy the situation . . . REGULAR CITY COUNCIL MEETING MINUTES May 13, 2002 Page 8 of8 prior to final design approval by the MCWD. Engineer Brown commended the crew for being inventive and enthusiastic in a messy, nasty job. B. Mayor & City Council Attorney Keane explained a recent ruling of the Minnesota Supreme Court regarding confidentiality issues involved in calling for an Executive Session as part of a City Council Meeting. 11. ADJOURN Zerby moved, Garfunkel seconded, adjourning the Regular City Council Meeting of May 13, 2002, at 10:12 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary