2012 cc agendas.xls

WAYZATA CITY COUNCIL MEETING AGENDA
Wayzata City Hall Community Room, 600 Rice Street Thursday, February 9, 2012
WORKSHOP FOR STAFFING & SUCCESSION PLANNING - 5:30 PM
LAKE STREET SIDEWALK DISCUSSION - 6:30 PM
CITY COUNCIL MEETING - 7:00 PM
Roll Call
Public Forum - 15 Minutes (3 min/person)
Approval of Minutes
New Business
a. Swearing-In Ceremony for New Firefighters b. 100 Year Celebration of the Wayzata Fire Department c. Consider Res. #07-2012 Approving Heritage Preservation Board Appointment d. Municipal Licenses Which Received Administrative Approval (Informational Only) City Manager's Report and Discussion Items
Public Forum (as necessary)
Adjournment
Meeting Rules of Conduct:
Turn in white card for public forum and blue card for agenda item Upcoming Meetings:
Planning Commission -February 27 & March 5 WAYZATA CITY COUNCIL
MEETING MINUTES
January 17, 2012
AGENDA ITEM 1. Call to Order and Roll Call.
Mayor Willcox called the meeting to order at 7 p.m. Council Members present: Amdal, Bader, Mullin and Tanner. Also present: City Manager Orsen, City Planner Gadow, Public Works Director Dudinsky, and City Attorney Schelzel. Mr. Willcox announced that pursuant to Minn. Stat. Sec. 13D.05, subd. 3(b), the Wayzata City Council held a closed special meeting on January 17, 2012, to discuss confidential, attorney- client privileged, litigation strategies with the City's legal counsel relative to the case of Unitarian Universalist Church of Minnetonka vs. City of Wayzata. He indicated the specifics of the proposed settlement agreement remain under negotiation; therefore, it cannot be considered tonight. Once finalized, it will be presented at a Council meeting. AGENDA ITEM 2. Public Forum - 15 Minutes (3 minutes per person).
AGENDA ITEM 3. Approve Minutes of January 3, 2012.
Mr. Amdal made a motion, seconded by Ms. Bader, to approve the January 3, 2012, minutes as presented. The motion carried 4/0/1 (Mullin). AGENDA ITEM 4. New Business.
Action on Lakefront Task Force Report
Mr. Gadow presented the draft resolution to adopt the Lakefront Task Force report and address funding, if desired by the Council. It was noted the report had been presented to the Council prior Mr. Mullin stated the presentation was televised, would be rebroadcast, and the Task Force report will be posted to the City's website. He requested Council input on the appropriate direction, if the report is accepted, to proceed with drafting an RFP and authorize $100,000 from the Lakefront Capital Improvement Plan (CIP) to forward a planning process. Mr. Tanner explained the funding would allow proceeding with an RFP process but the funds would not be used unless approved by the Council. He supported moving forward. Mr. Amdal stated his support to have a plan in hand and move forward with an RFP to keep the momentum going. However, he would like funding approval contingent upon every effort being made to secure outside funding and/or grant sources. Mr. Tanner stated Mr. Gadow had mentioned the opportunity to make application for a Ms. Bader indicated she was a little uncomfortable moving forward on funding tonight and would like to allow time for community feedback. She asked what projects the City will forego if $100,000 was funded from the Lakeshore CIP and indicated she does not want to short change any other planned improvements. Mr. Orsen stated that would not happen. Mr. Willcox stated he favors this effort because the current Lake Street waterfront was not laid out in the highest and best uses. He agreed a well thought out and conceived plan is needed and he wants to assure it includes the cost of constructing and maintenance over time. Mr. Willcox agreed that outside expertise is required and TIF dollars are available and earmarked in this general area. He stated this project is worth pursuing because it would not result in an additional tax burden but he would support language indicating: "not exceeding $100,000" and assuring staff looks for other grant funding. Ms. Bader stated the Task Force did a fine job of presenting its work and asked if members will remain involved. She indicated concern with how "the community" is being defined and supported the Council playing a role in determination community involvement. Mr. Mullin explained the first initiate was the RFP and once the advisor is selected by the Council, it could invite the current Task Force to continue participation as well as the community. The Task Force would like to leverage the expertise of the advisor to address what is missing in the report. The Council may also decide to add or change Task Force members. Mr. Tanner stated some current Task Force members want to remain involved but there may be a change in some membership. The advisor will be asked for a recommendation in how Mr. Willcox noted there are some lakefront issues that do not need a ten-year plan, such as increasing the number of City docks. Mr. Mullin suggested that scope be laid out in the RFP with short-term and long-term initiatives. Mr. Tanner stated they will seek private funding, where possible, and some short-term projects have been supported by other stakeholders. Mr. Mullin reviewed steps going forward to direct staff to seek outside funding and grants and authorize staff to prepare an RFP. He suggested the Council give direction on those two initiatives and agree to earmark the funding source so it is not used by other projects. The Council would then take action in March/April when the RFP comes back and consider release of Mr. Gadow advised that the Hennepin County grant will look for a matching grant from the City. He noted it may be enough to identify the funding source. Mr. Mullin made a motion, seconded by Mr. Tanner, to adopt Resolution No. 06-2012, authorize staff to seek and apply for grant funding for this planning cycle, accept the Lakefront Task Force report into the record, authorize staff to draft an RFP for distribution in March, and to "fence" $100,000 out of the 2013 CIP, line item Lake Improvement Fund, toward this effort. The Consider Resolution No. 02-2012 Gianni's Restaurant Sidewalk Café CUP
Mr. Gadow presented the draft resolution, noting the conditions added per Council direction at its Mr. Willcox stated he had received comments that the umbrellas are positioned too close to the walkway so pedestrians have to duck under them and the seven-foot walkway is not adequate for pedestrians to pass each other. Mr. Gadow stated umbrellas are to have a seven-foot clearance and the walkway is two feet wider than code requires. Mr. Tanner asked what happens if the owner of the property changes hands. Mr. Schelzel stated under the current language, approval is tied to this particular operator but the underlying property owner could change. The Council discussed whether the condition should be expanded to include change of the property owner but it was agreed that the intent is to retain the current The Council discussed whether the closing date should be extended and a fee charged. Mr. Gadow indicated it had been the Council's intent that a more global analysis of the City's fee policy was needed along with research of what other cities are doing. Ms. Bader stated she supports applying a fee, in principal, for use of public rights-of-way. Mr. Amdal noted the applicant is cooperative in being able to remove the equipment within 48-hours and asked if that condition should be included. Mr. Gadow indicated a tenth Ms. Bader made a motion, seconded by Mr. Tanner, to adopt Resolution No. 02-2012, approving a conditional use permit (CUP) for an outdoor sidewalk café at 641 Lake Street East, as amended to add a tenth condition to require removal of the sidewalk café and sidewalk extender within 48 hours of notice. The motion carried 5/0. Consider Resolution No. 04-2012 Wayzata Yacht Club (WYC)
Mr. Gadow presented the draft resolution directing staff and the Planning Commission to review portions of the application, make findings and report on both options (variances or potential text amendment to the City's existing PUD ordinance) as expediently as possible. Staff also drafted potential ordinance language if the Council wanted to pursue a change to the PUD ordinance to address deviations to the planning standards. A correction was noted to the resolution to correct the term: "Wayzata Community Sailing Center." The Council discussed the option to amend the PUD ordinance, the resulting impact when considering a nonresidential PUD within a residential zone, and how the language can be more restrictive. Mr. Gadow indicated that when the Council is acting in a legislative capacity, it can add a condition that would apply under certain circumstances. Mr. Schelzel explained the wording indicated if it is a nonresidential PUD the Council would have discretion to apply the appropriate standards. In the case of the WYC application, the Council could use standards it deems to be appropriate. In the case of a residential PUD in residential district, the language would not apply. Mr. Willcox stated with a nonresidential PUD in a nonresidential zone he would want the previous PUD standards to apply without flexibility. He does not want to "water down" the normal PUD statute being applied in nonresidential zone. Mr. Schelzel stated if the draft language is too broadly tailored, it can be further constrained. Mr. Mullin suggested the Planning Commission be given specific direction about what to provide recommendation on so its discussion does not become mired in policy decisions that are not its prevue and delays the application. Mr. Gadow advised this is a PUD process and if the Council wants to entertain the variance option, the Planning Commission should be asked to address the merit of each variance and provide perspective on other uses to which this PUD could Mr. Mullin stated it is a known fact that his children go to the Sailing School. He indicated he had talked with the Sailing School Director and learned it is exclusive of the Yacht Club even though being combined somewhat in the application. Mr. Mullin recommended the Council look at the land use as the only symbiotic relationship. It was noted the applicant had granted the City a time extension to the development review period to March 20, 2012 for the remaining components of the application that were not Mr. Mullin made a motion, seconded by Ms. Bader, to adopt Resolution No. 04-2012, acknowledging withdrawal of Wayzata Yacht Club request for new PUD ordinance and extension of time to consider other requests, and directing Planning Commission to review and advise on new PUD application and changes to PUD Ordnance. The motion carried 5/0. Mr. Willcox reordered the agenda as follows: Item 3e, 3f, 3d, 3g. Consider Resolution No. 03-2012 Approving Appointment of Fire Department
Officers for 2012
Mr. Orsen presented the recommended 2012 appointments for Fire Department officers. Mr. Tanner made a motion, seconded by Ms. Bader, to adopt Resolution No. 03-2012, approving appointment of Wayzata Fire Department Officers for 2012. The motion carried 5/0. Consider and Approve Municipal Licenses
Municipal licenses, administratively approved, were presented to the Council. Consider Resolution No. 05-2012 Approving Mn/DOT Roadside Landscaping
Partnership Program
Mr. Dudinsky explained the City and Mn/DOT have been working with residents of Hollybrook Road relating to a landscaping partnership with Mn/DOT. Residents signed a letter of understanding to pay the estimated cost of $25,000 for the plantings. The City then offered to pay for the two-year maintenance required by Mn/DOT, estimated at $30,000, plus associated items. Mn/DOT's commitment is to reimburse the City for associated materials, estimated at Mr. Tanner asked who takes on maintenance after the first two years. Mr. Dudinsky indicated it would be the City's responsibility. He explained that to address the marginal right-of- way fence along Hollybrook Road, Mn/DOT paid to plant more vines to provide screening. This project was undertaken because residents did not support a sound wall but did want some Mr. Amdal made a motion, seconded by Ms. Bader, to adopt Resolution No. 05-2012, Community Roadside Landscape Partnership Program authorizing application and primary contract person for landscaping adjacent to Hollybrook Road on TH 12. The motion carried 5/0. Consider AFSCME 2012 Union Contract
Mr. Orsen summarized the main points of the AFSCME one-year union contract with the same wage increase of 1.5% as the police contract and recommended approval. Mr. Tanner made a motion, seconded by Ms. Bader, to approve the AFSCME 2012 AGENDA ITEM 5. City Manager's Report and Discussion Items.
Mr. Orsen advised the snow removal budget is in excellent shape. The Patch property has been involved with interrogatory court proceedings and the City Attorney will be asked to provide an update. Mr. Gadow stated he has not yet had time to look into the Big Woods parking issue. Mr. Amdal reported the Met Council unanimously approved of the City's scenic byways Comprehensive Plan amendment. The City's traffic engineers are doing a peer review of the most recent plan, which the Task Force will include in its report back to the Council. Peggy Douglas, Chamber of Commerce, announced upcoming community events and State of the City address by Mr. Willcox. Mr. Willcox referenced the letter from Sheriff Stanek indicating cities using the County's 911 service may be charged for the new dispatch headquarters and asked staff to orchestrate a Mr. Willcox extended the City's appreciation to retiring Planning Commissioners Gruber, Merriam, and Winton for their fine work. AGENDA ITEM 6. Public Forum Continued (if necessary).
AGENDA ITEM 7. Adjourn.
Mr. Tanner made a motion, seconded by Mr. Amdal to adjourn. There being no further business, Mr. Willcox adjourned the meeting at 8:19 p.m. TimeSaver Off Site Secretarial, Inc. RESOLUTION NO. 07-2012
RESOLUTION APPROVING HERITAGE PRESERVATION BOARD APPOINTMENT
BE IT RESOLVED by the City Council of Wayzata, Minnesota as follows: Section 1. BACKGROUND 1.1 Vacancy. At the end of 2011, the terms of two members of the Wayzata Heritage Preservation Board (the "HPB") will expire. This creates a total of two vacancies on the HPB. Applicants. In October and November of 2011, City Council requested applications from those who wished to be considered by the Council to fill the vacancies on the HPB. A total of four applications were received, and three applicants attended interviews with the City Council. Appointments. On December 20, 2011, the City Council appointed Ms. Irene Stemmer, and Ms. Kathleen Kasprick to fill the two vacancies. Resignation. On January 14, 2012, Ms. Kathleen Kasprick resigned from her position on the HPB. HPB Recommendation. The HPB recommends the City Council appoint Ms. Sue Sorrentino, President of the Wayzata Historical Society, and former liaison to the HPB, to fill the open term. City Council Appointment. Section 18 of the Revised Charter of the City of Wayzata empowers City Council to create and appoint a HPB. Section 3. CITY COUNCIL ACTION 3.1 The City Council of Wayzata hereby finds the following person eligible to serve as members of the Wayzata Heritage Preservation Board and appoints them members of the Board as follows: Sue Sorrentino shall serve a full term to expire on December 31, 2013. Adopted by the Wayzata City Council this 9th day of February, 2012. ATTEST: __________________________________ City Manager Allan Orsen
ACTION ON THIS RESOLUTION:

Motion for adoption:
Seconded by:
Voted in favor of:
Voted against:
Abstained:
Absent:
Resolution: Adopted
I hereby certify that the foregoing is a true and correct copy of Resolution No. 07-2012 adopted by the City
Council of the City of Wayzata, Minnesota, at a duly authorized meeting held on February 9, 2012.
_________________________________
Deputy City Clerk Becky Malone
SEAL
2012 Gas Fitters License
2012 Tree Removal and Treatment License
Special Event/Itinerant Food License - Chilly Open
Roger Fazendin RealtorsRBA Consulting; Manhattan Beach LodgeBMW of MinnetonkaAnchor BankWells Fargo BankGreater Wayzata Area Chamber of Commerce 086941 12/30/2011 ALLEGRA PRINT & IMAGING 12/30/2011 IMPACT MAILING & FULFILLMENT 12/30/2011 IMPACT MAILING & FULFILLMENT 086994 1/11/2012 ASSOC.OF MN EMERGENCY MGRS. 1/11/2012 C.E.L. PUBLIC RELATIONS, INC.
1/11/2012 C.E.L. PUBLIC RELATIONS, INC.
087013 1/18/2012 AMERICAN SOCIETY OF COMPOSERS 087020 1/19/2012 ADVANCED IMAGING SOLUTIONS 087020 1/19/2012 ADVANCED IMAGING SOLUTIONS 087020 1/19/2012 ADVANCED IMAGING SOLUTIONS 087020 1/19/2012 ADVANCED IMAGING SOLUTIONS 087020 1/19/2012 ADVANCED IMAGING SOLUTIONS 1/19/2012 PLANT & FLANGED EQUIPMENT CO.
1/19/2012 SOUTHERN WINE & SPIRITS OF MN 1/19/2012 SOUTHERN WINE & SPIRITS OF MN 1/19/2012 WIRTZ BEVERAGE MN WINE & SPIRI 1/19/2012 WIRTZ BEVERAGE MN WINE & SPIRI 1/19/2012 WIRTZ BEVERAGE MN WINE & SPIRI 1/19/2012 WIRTZ BEVERAGE MN WINE & SPIRI 087121 1/26/2012 ADVANCED IMAGING SOLUTIONS 087140 1/27/2012 AEM FINANCIAL SOLUTIONS 1/30/2012 C.E.L. PUBLIC RELATIONS, INC.
1/30/2012 C.E.L. PUBLIC RELATIONS, INC.
2/2/2012 C.E.L. PUBLIC RELATIONS, INC.
2/2/2012 C.E.L. PUBLIC RELATIONS, INC.
2/2/2012 CITY VIEW PLUMBING & HEATING 2/2/2012 PLANT & FLANGED EQUIPMENT CO.
2/2/2012 SOUTHERN WINE & SPIRITS OF MN 2/2/2012 WIRTZ BEVERAGE MN WINE & SPIRI 2/2/2012 WIRTZ BEVERAGE MN WINE & SPIRI 2/2/2012 WIRTZ BEVERAGE MN WINE & SPIRI 2/2/2012 WIRTZ BEVERAGE MN WINE & SPIRI 086963 1/5/2012 ADVANCED IMAGING SOLUTIONS

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