March 17, 2014 Council Meeting

1. CALL TO ORDER – Alternate Sippel called the meeting to order at 7:30 p.m.
2. ROLL CALL – Bren, Hughes, Sippel. Reinhardt and Williamson excused.
3. INTRODUCTIONS – Sippel introduced the council and staff to the public. Administrator Tolsma, Clerk Lewin, Attorney Beck, Jeanie Brustad and Donna Smith from Gillespie Center, Peter and Tom Emer from Lord Fletchers Restaurant, Greg Nybeck, LMCD.
5. ADOPT AGENDA – Hughes makes a motion and Bren seconds to adopt the agenda. All votes ayes, motion carries.
6. ADOPT CONSENT AGENDA – Hughes makes a motion and Bren seconds to adopt the consent agenda. All votes ayes, motion carries.
a. City Council Regular Meeting Minutes from March 3, 2014
b. Planning Commission Minutes from March 12, 2014
7. PUBLIC FORUM – No one.
a. Donna Smith – Gillespie Center –
Smith said Jeanie Brustad, Gillespie Center president, is along. They want to report on the second year of financial support. She said they are growing their endowment fund and are here to thank Spring Park for their continued support. She said they like to be called the Gillespie Community Center. Brustad said she will give a short presentation of what they do. Brustad went through a slide show about the activities that are supported by the Gillespie Center. She said there are programs that may evolve into learning classes. Brustad said there are several gardens at the facility and they are looking for assistance with the new garden. She said they have musicals and dances and they celebrate all the holidays. They have fund raising events, a golf tournament, and their special Festival of Trees which lasts several days and involves people of all ages. She said their goal is to raise funds and to match the endowment. Brustad said they have one staff member and many volunteers. She said there is collaboration with the schools, grandparents, quilting clubs and activities that interest all groups. She said upcoming there is a fashion show and an Easter egg hunt with St. Boni Fire Department. Brustad said Gillespie wants to say thanks for creating a community to live in for the present and the future. Donna Smith said Williamson is on a committee that oversees the ten year contract and Brustad said it’s going successfully.
b. Greg Nybeck – LMCD –
Nybeck introduced himself and said there is a topic of importance to Lake Minnetonka and to commercial marinas on the lake. Nybeck said last September there was an informal meeting and they had discussion with the marinas about issues both current and future. According to Nybeck, marinas claim their property can be more valuable if they go out of business and sell to real estate developers but they feel marinas are very important to the lake. Nybeck said suggestions were to get something in writing to be presented at a later date. Nybeck said in February the commercial marinas came forward at a workshop. It was determined that commercial facilities could be described as yacht clubs, commercial transit facilities and marinas. He said they would like three changes; to allow a facility to construct 200 feet from the shore, special density licenses to be changed to greater density by providing public amenities and they may be looking for an exemption to this.

Nybeck said right now minor changes can be processed by LMCD staff but marinas are looking at greater latitude for approval at the staff level. He said there is unanimous support to consider the changes. The first group is commercial marinas, second is the yacht club and then commercial transits. Nybeck said they will be looking at impact if granting the requests. He said the action item for council direction is a proposed ordinance and a matrix will be provided to streamline aspects for consideration. He said they have to establish a process to consider ordinance amendments.

Hughes asked what kind of impacts are affecting a city and he wonders about the 200 foot rule and allowing this. Nybeck said directly affected will be those who have special density licenses. Nybeck said it will vary from city to city. Sippel asked about Fifth Street Ventures and The Mist and what they are considered. Nybeck said they are considered to be legal non conforming. Nybeck said as part of their exercise they have to define what a commercial marina is and the difference between that and a place that is a commercial district but doesn’t operate as a marina. Nybeck said typically the LMCD governs the water and the city would govern the land. Bren asked if these proposed changes would directly affect Spring Park. Nybeck said he doesn’t see anything changing other than minor things.

Nybeck said last November there was a boater safety course conducted as a pilot program. He said they will conduct this course in April and again in June and one in the fall. Hughes encourages those who have questions to call Nybeck at the LMCD.
a. Lord Fletcher’s Live Music Permit –
Sippel said the permit application is the same as the past few years. He said hours and days remain the same. Sippel said random noise testing is done by a third party and it’s done periodically. Tom Emer from Lord Fletchers steps to the podium and Hughes asked what Emer thinks is the best operating procedure. Emer said the rules haven’t changed for several years after tweaking it. Hughes asked about the reaction from the customers and Emer said the response is positive. He said their deck is so large that guests can escape the music if they don’t like it. Emer said Lord Fletcher's has their own sound tech so there is consistency with the different bands. Tolsma agreed and said it’s worked well. Hughes makes a motion to approve and Bren seconds. All votes ayes, motion carries.
b. Port of Call –
Sippel asked if this is informational and Tolsma said the council traditionally makes a motion on this. Sippel makes a motion to accept the port of call application for the Bayview Charter Cruises to pick up guests at Lord Fletchers. Bren seconds. All votes ayes, motion carries.
a. Mayor and Council –
• Bren said she went to the forum at the Gillespie Center on domestic abuse. She said she wants to thank everyone who participated and the help that is available and the information was helpful. She said Domestic Abuse, Sojourn and WeCan was in attendance. Bren said the next forum will be on marijuana use in the communities. Bren said as the Planning Commission representative she wants to say they worked very well together on the accessory structure ordinance. Bren said Commissioner Mason mentioned the need to do more with the parks. Bren said the PC made suggestions for park improvements but it didn’t go anywhere. She thinks the council needs to pursue the suggestions brought forward by the PC. She said new picnic tables and perhaps a walkway. Bren said the planters on Shoreline Drive were mentioned and the request that Norlings put in more color for the upcoming year. Hughes said he remembers the park suggestions and he thinks it should go on the next work session agenda. Sippel said bids might be necessary but he doesn’t think anything should be done until the drainage issue is solved. He thinks there might be drain tile that would be necessary. He said it’s one thing to discuss it and another to take action on it. Bren wondered if the drainage was partially done and Sippel said the only drainage that was done was around the ball field and it continues to be a problem in the spring.
• Hughes wants to once again thank Nybeck for attending tonight’s meeting. Hughes wanted to once again mention the boat safety program Nybeck referred to. He said it was a fabulous day, there is no charge and participants will get a certificate. Sippel asked about marketing and Hughes said it’s Save the Lake and it’s the LMCD’s program but through the DNR.
b. City Administrator – nothing.
c. City Engineer – nothing.
d. City Attorney – nothing.
e. Utility Superintendent
a. March 24 – Work Session – 7:00 PM
b. March 26 – LMCD – 7:00 PM
c. April 7 – City Council – 7:30 PM
a. Bills & Payroll –
Sippel asked about the bill from Bienek and wondered if this was the first bill we had received. Tolsma said they don’t bill as frequently as they probably should. Tolsma said 2014 budget for snow removal is already maxed out so it will be interesting in the fall to see how bad this gets. Hughes wondered about revisiting what is done and how frequently. Tolsma said it can be changed at any time. Sippel said it would be helpful to see the guiding policy in place now and then they can look for changes at that time. Sippel wonders if it can be negotiated beyond time and materials and they base it more on the call-out factor depending upon the snow event. Hughes makes a motion and Sippel seconds to pay the bills. All votes ayes, motion carries.
15. MISCELLANEOUS (Information Only)
a. February Fire Department Report
b. Fire Department Press Release
c. WeCAN 2013 Statistics
16. ADJOURNMENT – Hughes makes a motion and Bren seconds to adjourn at 8:21 p.m. All votes ayes, motion carries.