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082602 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGlJLAlll\1EETING MONDAY, AUGUST 26, 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 7:03 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Associate City Attorney Gump for Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Lizee moved, Zerby seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes of August 12, 2002 Garfunkel moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of August 12, 2002, as amended, on Page 3, change the Adjournment vote to 5/0 from 4/0. B. City Council Regular Meeting Minutes, of August 12, 2002 Turgeon moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of August 12, 2002, as presented. Motion passed 5/0. C. City Council Executive Session Minutes of August 12, 2002 Lizee moved, Garfunkel seconded, Approving the Executive Session Meeting Minutes of August 12, 2002, as presented. Motion passed 5/0. D. City Council Work Session Minutes of August 19,2002 Zerby moved, Lizee seconded, Approving the City Council Work Session Meeting Minutes of August 19, 2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA Zerby moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of the Excelsior Fire District and Mound Fire Department Budgets " . . . ., CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 2 of 11 c. Approval of the South Lake Minnetonka Police Department Budget D. Authorizing Submittal of the 2002-2003 Winter Trail Activities Permit E. Adopting RESOLUTION NO. 02-072, "A Resolution Approving Agreements Relating to the Financing of Certain Public Safety Facilities." F. Administrative Sanction for Liquor Violation G. Approval of Demolition Permit for 24140 Smithtown Road H. Accepting proposal for professional design services, County Road 19 streetscape design Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PRESENTATIONS A. Tom Lowe - Gift of Conservation Open Space Director Nielsen explained Tom Lowe proposed donating land to the City as conservation open space. Mr. Lowe owned the property titled Outlot A, Wild Duck Addition. This parcel of property was approximately 2.45 acres in size abutting the south side of Wedgewood Drive, and was a parcel left over from the platting of lots to the west and south of the outlot. Director Nielsen noted proximity to Manitou Park in Tonka Bay and suggested pedestrian access be considered in the future. Mr. Lowe had placed no restrictions on the City's use of the property. The City Attorney, as well as the Land Conservation and Environment Committee, had considered this donation and recommended acceptance of the property. The City Attorney recommended the City require a warranty deed for the land. Mr. Lowe had provided this deed. Councilmember Lizee stated what a nice gesture and gift this was for the City. Lizee moved, Zerby seconded, Accepting the Gift of Conservation Open Space for Outlot A, Wild Duck Addition, from Tom Lowe. Motion passed 5/0. Mayor Love stated while Mr. Lowe had not sought out any publicity for this generous gift, he thought this was an exciting time for the City, and a wonderful gift for the community. Councilrnember Zerby stated he would like to include language to protect this land as open space with the exception of a possible trail traversing the property. Mayor Love stated this matter could be referred to the Park Commission for formal action, including consideration of a trail and language protecting the space except for that use. Motion passed 5/0. . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 3 of 11 . 6. PARKS - Report by Representative A. Report on Park Commission Meeting Held August 13, 2002 Commissioner Young reported on matters considered and actions taken at the August 13, 2002, Park Commission meeting (as detailed in the minutes of that meeting). B. Agreement with South Tonka Little League for South Concession Stand Engineer Brown reviewed the history of the responsibilities and liabilities regarding the South Tonka Little League Concession Stand at the south end of Freeman Park. He noted all parties involved had reviewed and recommended approval of the Operating Agreement. Administrator Dawson noted South Tonka Little League had not yet had an opportunity to execute the agreement, but this action was anticipated in the near future. Lizee moved, Turgeon seconded, Approving the Operating Agreement between the City of Shorewood and South Tonka Little League. Motion passed 5/0. Mayor Love requested an update on the Freeman Park Parking Lot project. Engineer Brown explained due to the high bids submitted for the project, a decision had been made to reject the current bids for the project, and rebid the project in the spring. Staff had reviewed the site and due to drainage concerns for the area, had re-graded the parking lot to direct water to the eastern edge of the lot where there was a drainage system in place to appropriately alleviate the water. Minor work was still needed to touch up . the area to ensure the water would continue to flow in an easterly direction over time. Engineer Brown went on to explain WSB and Associates had submitted a feasibility report for a pedestrian walkway along Lake Linden Drive. Engineer Brown stated he had been disappointed in the product received, and had thus returned the report for further review of the drainage in the area. He stated concern had been noted for the time schedule associated with this project; however, he did not believe complction this year would be in the best interest of all parties concerned. Fu..rther, he explained, due to restoration and erosion anticipated as part of this project in the spring, Staff was recommending additional review. He believed it would be in the best interest of all parties to return with a realistic time schedule for this project. Mayor Love stated he was concerned for the work being submitted from the vendor for review and believed it was appropriate to discuss expectations and commitment of service from the vendor at a future Work Session meeting of the Council. 7. PLANNING . Chair Bailey reported on matters considered and actions taken at the August 20, 2002, Planning Commission Meeting. He complimented Staff for speed in processing this request and stated he appreciated all help given regarding the request for Conditional Use Permit for the Joint Public Safety Facility. He then reviewed concerns of the Planning Commission regarding that project and reviewed solutions posed by the Commission, noting in the final analysis the Commission believed all possible care had been taken in hearing residents concerns and providing solutions where possible. Chair Bailey stated he personally believed there were unconvincing arguments presented regarding the exclusion of a trail running through the property connecting County Road 19 to the LRT trail. He stated he believed it was unfortunate to shut off the potential use of that property as it was public property and as such should be utilized to its potential. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 4 of 11 . Mayor Love thanked Chair Bailey for his report, stated he supported the idea of a trail on that site, and stated more discussion would be taking place regarding the possibility of a trail through the property. He stated he would like to continue the discussion with the Chief of the Excelsior Fire District and the Chief of the South Lake Minnetonka Police Department and appropriate Commissions. Further, he thought to connect the property would make it an integral part of the community and less likely to be vandalized. Councilmember Turgeon agreed. A. C.U.P. For Accessory Space Over 1200 Square Feet Applicant: Jon and Julie Thornberg Location: 5525 Grant Lorenz Road Director Nielsen explained the applicant had applied for a Conditional Use Permit (C.u.P.) to construct a detached garage on his property located at 5525 Grant Lorenz Road. Director Nielsen further explained the floor area of the new garage, when combined with the existing attached garage and another accessory building on the site, brought the total area of accessory space on the property over 1200 square feet. The property was zoned Single Family Residential, and contained 39, 449 square feet of area. The proposed garage measured 24' x 26' and contained 624 square feet bringing the total area of accessory space on the site to 1458 square feet. Access to the new garage was provided from an existing driveway loop in the front of the house. . With regard to meeting four criteria for granting a C.UP., Director Nielsen noted the request met all criteria. However, he also noted the applicant's survey demonstrated impervious surface, as proposed, would reach 36 pereent of the lot area where 33 percent was allowed. Additionally, he noted the survey indicated a significant amount of the landscaped area had plastic under it for weed control. Should that plastic be replaced with landscape fabric, the amount of hardcover would be reduced. Drainage and landscaping were not considered to be issues of eoncern given the size of the property. He also noted the new garage to be similar in character to the existing house and outbuilding. He recommended the C.UP. be granted subject to the reduction of hardcover on the site to at least 33 percent of the lot area. Director Nielsen stated the Thornberg's had clarified the appropriate landscape work had taken place, and the estimated hardcover on site was believed to be at 33 percent currently. Jon and Julie Thornberg, 5525 Grant Lorenz Road, stated they would be available for any questions Council may have had of them. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 02-073, "A Resolution Granting a Conditional Use Permit for Accessory Space Over 1200 Square Feet, subject to Staff recommendations, for Jon and Julie Thornberg." Motion passed 5/0. B. C.U.P. Amendment For Storage Shed Applicant: David Olson, rep. D.C. Wakefield, et. al. Trustees Location: 24000 Highway 7 . Director Nielsen stated the applicant, representing the owners of the office building at 24000 State Highway 7, had requested an after-the-fact revised C.UP. to build a utility shed on the property. The shed was built in the northwest corner of the parking lot at the rear of the building. This location did not meet the setback requirements for the Residential/Commercial zoning district, and the applicant proposed relocating it to the northeastern corner of the western parking lot. Since the office building existed pursuant to a C.U.P. issued in 1981, a revision to the C.U.P. was necessary. Director Nielsen went on to explain the building complied with the zoning district setback requirements. Also, despite differences in calculations shown on the site plan, the shed did not take up required parking area, nor did it adversely CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 5 of 11 . affect the area or additional parking space. He also noted the application afforded the City the opportunity to correct an existing problem on the site as some landscaping on the west side of the parking lot had died, creating a gap in the buffer. He then recommended, as a condition of approval, that this area be filled in with arborvitae, the number and size of which would be determined at the time a building permit was issued for the building. Subject to this requirement, he was recommended approval of this amendment. Dave Olson, representing the owners of the office building, stated he would be available to answer any questions Council may have had of him. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 02-074, "A Resolution Granting a Conditional Use Permit, subject to Planning Commission recommendations, for David Olson, rep. D.C. Wakefield, et. al. Trustees, 24000 Highway 7." Motion passed 5/0. C. c.u.P. For Public Safety Facility Applicant: Shorewood Economic Development Authority Location: 24140 Smithtown Road Director Nielsen explained the history of the planning process for this case, noting the Planning Commission had continued this matter from its August 6, 2002, meeting to its August 20, 2002 meeting, as a result of unresolved areas of concern. He stated many of these concerns had been resolved, and the architects had made application for the necessary Conditional Use Permit for the facility. In addition he introduced Tom Schuelke, architect for the project from TSP One, Inc., noting he was available to answer . questions this evening as well. Director Nielsen stated the subject property measured 249' x 1261', and contained approximately 6.85 acres and was zoned Single and Two-Family Residential. The north half of the site was also subject to provisions of the Shoreland District. Surrounding land uses and zoning to the north were noted to be the LRT Trail, and then Single-Family Residential in Tonka Bay; to the west were noted the Shorewood Public Work Facility and one single-family residence, zoned Single and Two-Family Residential; to the south were noted County Road 19, and then the Southshore Senior Community Center; zoned ResidentiaVCommercial; to the east were noted Shorewood Lane and then two-family residential, zoned Single and Two-Family Residential. He went on to explain the proposed building and accessory parking areas were located on the southerly half of the site. The proposed building contained 28,603 square feet of area on the lower level, including the fire equipment bays. The upper level would have 25,917 square feet, including the parking garage for the police department. The total amount of hardcover proposed for the site was approximately 35 percent, well under the 66 percent allowed for public facilities. Director Nielsen then went on to explain how the Public Safety Facility complied with the requirements of the Shorewood Zoning Code. With regard to setbacks, Director Nielsen stated the proposed site plan complied with all setback requirements for the Single and Two-Family Residential zoning district. The building height complied with the 35-foot height limitation, as it was two stories. This height was noted to be the result of the site topography, tall interior spaces, and the direction to include a pitched roof. Parking on the site plan provided a total of 70 parking spaces, and was considered adequate for the most intense use of the building. . With regard to tree preservation and landscaping, Director Nielsen explained the trees in the middle of the site would most likely need to be removed, as would the smaller trees along the Public Works access drive. He stated consideration should be given to transplanting these smaller trees to other locations on site. The wooded area on the north end of the site would be relatively unaffected, as only one-half the . . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 6 of 11 site was being altered. He went on to explain 56 replacement trees were required under City policy. The landscape plan proposed those fifty-six replacement trees as well as twenty additional five-foot Techny Arborvitae bordering the police parking area. Director Nielsen stated additional landscaping in the form of 13 evergreen trees were being proposed for the easterly side of the site near the entrance drive from Shorewood Lane. These trees were planned in effort to provide additional screening of the site from the residence across the street from the entrance drive. Also, the southeast corner of the site would be planted with primarily deciduous trees, and after speaking with residents would also include evergreen trees to provide maximum screening in that area. Additional landscaping plantings were also planned for mechanical area as well in effort to provide some muffling of sound and further visual screening. He went on to explain a concern had been heard regarding the 100-foot buffer of trees on the northern end of the property. As a result, the Commission had agreed to extend that buffer to a total of 200 feet to allow that portion of the property to remain protected. With regard to the noise issues raised at the recent Public Hearings held by the Planning Commission, Director Nielsen stated the firing range and mechanical areas were of concern. He explained the architect suggested noise levels on the site could be kept to "residential levels" designated by the Minnesota Pollution Control Agency (MPCA) standards that specified a noise level of 60 decibels (dBA) allowed from 7:00 A.M. to 10:00 P.M. and 50 dBA in the nighttime hours of 10:00 P.M. to 7:00 A.M. as measured on the property line of the source. He noted the MPCA was willing to provide testing of these noise levels. He explained the Planning Commission had recommended inclusion of this provision as a condition of the Conditional Use Permit (C.U.P.). He stated the firing range would be separated from the outside of the building by two sets of walls of poured concrete. The remaining concern with this issue was the venting to the outside. The architect had stated the elbows in the venting could be insulated, and would meet the MPCA standards. Furthermore he clarified the dogs contained on site would include the occasional impoundment of strays for a few hours; thus, no outdoor kennels were proposed. With the regard to the issue of the mechanical equipment on the easterly side of the building, he stated the architect had again stated the equipment could be muffled or attenuated to the MPCA standards. He stated the emergency generator would not meet the MPCA standards. He went on to explain the generator would be powered approximately twice a month during daytime hours. The remainder of the facility would be held to the MPCA residential standards. Director Nielsen also cited past concerns with circulation on and near the site. He stated Staff had suggested a small bus stop be created on the east side of Shorewood Lane to allow children to wait for the bus off the street. A short segment of sidewalk was also recommended on the east side of the street so pedestrian traffic would not conflict with the South Lake Minnetonka Public Safety Facility traffic. The Park Commission was also in agreement with this recommendation as it provided enhanced safety measures for local pedestrians. With regard to lighting, he noted it would be necessary for security reasons to have some lighting on the residential side of the building. These lights should be downcast, mounted as low as possible, with cutoff fixtures that would not allow the light source to be seen from adjoining residential properties. Trees along the east side of the building should be strategically planted to minimize the effect of lighting. Refuse containers would be contained in a covered enclosure on the east side of the building. Signage, as indicated as part of the plan, included the location of a monument sign approximately in the middle of the site in front of the southerly parking area. It was also expected some additional directional signage would be necessary. For example, the exit on County Road 19 would be exit-only. Director Nielsen noted the presence of Chief DuCharme of the Excelsior Fire District and Chief Litsey of the South Lake Minnetonka Police Department. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 7 of 11 . Engineer Brown briefly chronicled the background of the 6.85-acre site, noting the site sloped both to the north and south from a high point near the southerly third of the lot. Existing topography varied extensively, and the site was open with mature trees scattered throughout the site. He then reviewed issues related to access, right-of-way, and easements, as well as grading and drainage, and sanitary sewer and water service. Engineer Brown noted the site to be challenging, as it was long and narrow, making it difficult to accommodate the necessary turning movements of the larger fire engines and entry and exit of larger vehicles. In addition, Staff had recommended emergency vehicles leaving the site had to do so by turning onto County Road 19, and not Shorewood Lane, in effort to minimize noise and inconvenience to residents along Shorewood Lane. Furthermore, the entrance drive to the site to be utilized by the firefighters and returning fire equipment trucks needed to remain in that location due to prevent grades on site in excess of five percent. The driveway needed to be aligned with apparatus bays to accommodate the forty-foot aerial truck. Emergency flashing signals were planned on the site and at the County Road 19 intersection to alert motorists traveling on County Road 19 that vehicles would be exiting for emergency purposes. Grading and drainage for the site had also proved challenging. Grading would provide significant amounts of material generated by the placement of the building. In review, Engineer Brown suggested the material be placed further north of the proposed grading in effort to minimize cost by reducing the amount of material to be hauled away from the site. . Engineer Brown briefly reviewed outstanding areas of concern from the last Public Hearing on this matter. He noted many areas were successfully remedied in the past few weeks. With regard to runoff requirements, he explained previous concern for revising the design to maintain the pre-developed runoff rate for the site had been completed. As a result of findings of numerous hydraulic calculations, Staff and consultants from WSB and Associates, Inc., concurred with the findings and recommendation that the detention basin for the Shorewood Public Works facility be utilized for the site, versus constructing a separate basin. He stated contours for that pond demonstrate the pond had more than adequate capacity for the addition runoff in the area. The outlet for the pond would be revised to include a weir structure, to regulate flow leaving the site. As a resulting issue, the storm sewer system along County Road 19 would incur additional drainage. Mr. Ted Whitkowski, hydrologist for WSB and Associates, had reviewed the system and concurred this system had adequate capacity for the added runoff. Engineer Brown also explained sanitary sewer service was available on the south side of County Road 19. Permission needed to be secured from the Metropolitan Council Environmental Services (MCES) division, requesting the ability to make use of the existing utility owned and operated by MCES. In addition, utilities would need to cross the retaining wall on the site as part of the proposed construction plan. Engineer Brown recommended any utility crossing with the retaining wall should be cased a minimum of the height of the wall at the crossing on each side of the wall to permit maintenance or repair, without demolition of the proposed retaining wall. With these discussions and conditions in mind, Staff was recommending approval of the Conditional Use Permit, subject to Staff and Planning Commission recommendations. Both Chiefs stated they would be available to answer any questions; Council may have had of them. Mayor Love questioned whether there was anyone present wishing to address this matter. . Ron Rousar, 5585 Shorewood Lane, expressed concern for the location within the community for the proposed facility. He stated it seemed every step in the planning process included problems to be resolved, leading him to believe this locations was not suitable for the project. He stated he wanted to welcome the EFD and SLMPD to the neighborhood, but was also concerned for the aesthetic loss to the . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 8 of 11 . neighborhood residents. He expressed additional concerns for traffic patterns, children in the area, and considerable landscaping loss. He stated this plan would impact the ecology and many residents as well in an adverse manner, including the noise levels from the mechanical equipment and unobstructed views of the large building. Also, he stated he did not believe nearby residents had been informed adequately of the plans as the process moved forward. Mayor Love stated he respected Mr. Rousar's opinions on the matter, noting a great deal of effort had been shown in the past weeks in direct response to concerns heard from neighborhood residents. He stated the City, EFD, and SLMPD would remain committed to working with residents throughout the planning and construction processes and into the future. Eric Rousar, 5575 Shorewood Lane, stated he and his father were two of the few owner/occupants of the housing along Shorewood Lane. He stated he had similar objections and concerns for the project as stated by his father. He stated he appreciated the efforts of the firefighters, however, he was also concerned for the safety of the families on that street. He also appreciated the efforts presented providing additional landscaping of the site to maximize visual screening and minimize the noise. He stated he appreciated the opportunity to be heard and the efforts of the EFD and SLMPD. . Councilmember Turgeon stated she sympathized with the Rousar families, and also commended the Planning Commission for its continued commitment to following the policies and guidelines set forth by the City, as she knew the Commission had worked diligently to examine and scrutinize the landscaping and noise proposed on site. She stated noise levels were a continued concern in every project, and noted it was difficult as the only actions possible were toward the minimization of the noise. She questioned why the recommendation was made not to post "NO PARKING" signs on Shorewood Lane. Engineer Brown explained these signs would cause additional frustration in the neighborhood as the parking problems would only be moved to another location. Councilmember Turgeon further questioned whether the bus stop could be moved off of County Road 19 to alleviate all concerns surrounding the bus stop. Engineer Brown stated he believed it unlikely as the bus service was under budget restrictions and to move the bus stop to the cul-de-sac area was believed to be cost-prohibitive. Mayor Love stated he believed this situation was unique and offered to meet with representatives of the School District to alleviate this problem. Councilmember Turgeon stated she would also like to participate in those conversations, and should the bus stop be able to be moved, she would like to see the "No Parking" signs placed on Shorewood Lane. Councilmember Turgeon questions whether the mechanical equipment could be moved to another more suitable location on the site versus near the residential homes nearby. Mr. Schuelke stated further options would be explored to move them to the north side of the building. However, in so doing, it would still affect the residents and in some cases more so. In its current location, the noise from the mechanicals was to be muffled due to the topography of the site. The mechanical area would be placed on the lower level, nestled into the hill, with visual screening and sound attenuation methods utilized. In moving the mechanicals to the northern portion of the building, the earthen wall would not be available to muffle the noise. . Councilmember Lizee stated she would like to see the curbs painted around the facility to designate it as a No Parking zone. Additionally, she would like to see the signage for the building, when presented, to be placed closer to the Public Works driveway and utilization of painted lines to help motorists more safely navigate the area. She further stated she would like to see creativity used in making decisions regarding the excess fill, and suggested the potential for additional buffering for neighbors. Further, she requested all efforts be made to quiet the mechanicals on site. . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 9 of 11 . Councilmember Zerby agreed with Councilmember Turgeon in that the planning process can sometimes appear unwieldy. He believed more could be done to the project to keep neighbors informed of the steps in the process; however, he also strongly believed criteria had been thoroughly examined regarding the site. He stated all parties involved remained committed to trying to make the building an asset to the area, and he would like to see additional landscaping of the site as well as moving the mechanicals to a different area of the building away from the residents. Mayor Love sated the Council and Staff had heard the concerns regarding landscaping and he appreciated the concerns stated by the neighbors. He suggested all parties agree to meet with the neighbors at six months and one year post construction of the facility to remedy any remaining concerns. The Chiefs agreed to be part of this meeting and expressed commitment to being good neighbors for the surrounding residents. Mayor Love also stated MPCA standards would be strictly enforced. Councilmember Garfunkel stated he would like to see testing of these standards completed on a regular basis. Councilmember Turgeon cautioned the architects and Council to be sure the equipment could be held to these standards prior to construction. Mayor Love questioned Mr. Schuelke as to the remedies should the standards not be met once the building was constructed. Mr. Schuelke stated additional acoustic materials could be utilized to further attenuate the sound. Councilmember Turgeon questioned why the firing range could not be moved to the western side of the building. Mr. Schuelke stated the firing range required its own ventilation system and existing topography would not allow placement on the western side. . Chief Litsey stated every effort had been made to clarify areas of concern and learn from other projects where problems had occurred. He stated all efforts were being made to be good neighbors, and he was not expecting a problem regarding the sound from the firing range on site. Mayor Love stated he agreed with Councilmember Turgeon concerns for noise, and any complaints of noise would be taken very seriously regarding noise levels and types of noise emanating from the site. Councilmember Turgeon clarified modifications could be made to the Conditional Use Permit should noise levels be exceeded. Mayor Love stated he thought all discussions held would lead him to believed all levels of noise would be property attended and modified to provide minimal noise to the neighborhood. Councilmember Zerby stated he would like to see options remain open for the potential use of excess fill for providing a more gradual slope on the site for the possibility of a trail. Mayor Love agreed, noting Council had indicated it would like to see fmal grading and drainage plans returned for approval. Councilmember Garfunkel requested an annual certification of noise be required as a condition of approval for the Conditional Use Permit. Mayor Love stated he would be interested in seeing an annual certification of noise imposed on all commercial facilities existing in a residential neighborhood. . Garfunkel moved, Zerby seconded, Directing Staff to Prepare Findings of Fact to Approve a Conditional Use Permit, subject to all Staff, Commissions, and Council recommendations, for the Shorewood Economic Development Authority, 24140 Smithtown Road. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 10 of 11 . 8. GENERAL Mayor Love stated the SLMPD budget was being considered as part of regular Council meetings for the City of Excelsior. The possibility existed the budget would be rejected, due to the inability of that city's budget to sustain a 6.5 percent increase. Mayor Love stated the challenge being heard was not to the budget programs or spending, but to the expense that could be sustained in the City's budget. Other options were being considered to bring remedy to the situation if need be. More information would be available at a later date ifneeded. 9. ENGINEERING/PUBLIC WORKS A. Authorization for expenditure of funds for culvert replacement - Eureka Road Engineer Brown explained Staff members of the Public Works Department routinely perform checks on the a culvert serving areas south of Smithtown Road and east of Eureka Road. Over the past two years, Staff had witnessed seven different occasions where water had backed up to the house and garages of homeowners at 5835 and 5865 Eureka Road. Study of the tributary area for this culver indicated the area that flowed to this culver has had a substantial increase in development. The increase in runoff within the tributary area of the culvert had exceeded the capacity of the existing culvert. As a result, flooding had become a routine occurrence Staff was recommending replacement of the existing culvert with a larger culvert. Should the replacement be complete, it would require the closing of Eureka Road for a day. Concern was being given to the impending start of school. It was anticipated the materials, labor and traffic control would not exceed $4500 to complete the project as Public Works Staff would perform . the work. Turgeon moved, Lizee seconded, Authorizing Expenditure of Funds for Culvert Replacement for Eureka Road. Motion passed 5/0. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated there was nothing new to report for this project, as design by the Minnehaha Creek Watershed District was still taking place. 2. County Road 19 Intersection Engineer Brown stated there was nothing new to report at this time, as more information would be shared as part of the Liquor Committee Report to follow. 3. Public Safety Facilities Administrator Dawson stated financing for the project was scheduled on a timely basis, and an aggressive schedule would be followed to allow for groundbreaking to take place this year. . 4. Liquor Committee Report Councilmember Garfunkel stated the Committee had met earlier this evening to discuss a potential exit strategy for the Tonka Bay municipal liquor store operations. He stated a minimum of thirty days would . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 26, 2002 Page 11 of 11 . need to be given should this exit strategy require implementation, and resolution was anticipated prior to year-end. He noted many options were still being considered for the location and operation of this liquor store, as the concern was not for the current partnership, but rather the logistics of location and budget for the upcoming year. He suggested an exit strategy be implemented no later than year end if need be. Mayor Love thanked the Liquor Committee for its efforts in this matter. B. Mayor & City Council Mayor Love stated preliminary plans for the East Side Fire Station in Deephaven, were being reviewed, and noted the protection of the entire community depended on the efforts of bringing both stations to fruition. Councilmember Turgeon stated she appreciated the efforts of the Planning Commission regarding the difficult questions and concerns presented as part of the hearing process for the Public Safety Facility. 11. ADJOURN Turgeon moved, Lizee seconded, Adjourning the Regular City Council Meeting of August 26, 2002, at 9:30 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, . Sally Keefe, Recording Secretary .