City Council Meetings and Work Sessions

City of Excelsior City Council Meeting MINUTES Monday, November 16, 2020 6:30 P.M. OATHS OF OFFICE Mayor Carlson administered the Oaths of Office to Councilmember Ann Hersman and Councilmember Lou Dierking. 1. CALL TO ORDER Mayor Carlson called the meeting to order at 6:41 p.m. This meeting was a remote meeting conducted via Zoom. 2. ROLL CALL City Council: Mayor Carlson and Councilmembers Caron, Dierking, Hersman and Kurschner Absent: None Also Present: City Manager Luger, City Attorney Staunton, Public Works Superintendent Amundsen, City Engineer Dawley, Planning Director Becker, and Finance Officer Potter Attorney Staunton stated in accordance with the requirements of Minnesota Statutes Section 13D.021, the Mayor, the City Manager and the City Attorney have determined that an in-person meeting is not practical or prudent because of the “COVID-19 Health Pandemic” emergency declared under Chapter 12 of the Minnesota Statutes. All staff and City Council members will be participating by telephone or other electronic means. All actions votes will be recorded as roll call votes. 3. APPROVAL OF MINUTES (a) November 2, 2020 Work Session Minutes Caron moved, Dierking seconded, to approve the November 2, 2020 Work Session Minutes. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. Minutes City Council Minutes November 16, 2020 Page 2 (b) November 2, 2020 City Council Minutes Caron moved, Dierking seconded, to approve the November 2, 2020 City Council Minutes. On a roll call vote, Caron, Dierking Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. 4. OPEN FORUM None 5. CITY COUNCIL COMMUNICATIONS, QUESTIONS and REPORTS (a) Excelsior-Lake Minnetonka Chamber of Commerce Update Jen Weiss, Excelsior-Lake Minnetonka Chamber of Commerce, gave an update on the operations of the Chamber. (b) Christkindlsmarkt City Attorney Staunton provided information on Governor Walz’s most recent executive order with regards to holding Christkindlsmarkt. (c) 2019/2020 Project Update Public Works Superintendent Amundsen gave an update on the 2019 and 2020 Street and Utility Projects. (d) State of the Cities Mayor Carlson recognized the State of the Cities event that occurred last week. 6. AGENDA APPROVAL (a) Meeting Agenda Kurschner moved, Hersman seconded, to approve the November 16, 2020 Meeting Agenda with the addition as 10(a) City Hall COVID-19 Update. On a roll call vote, Kurschner, Hersman, Caron, Dierking and Carlson voted yes. Motion carried 5/0. Minutes City Council Minutes November 16, 2020 Page 3 (b) Consent Agenda Kurschner moved, Caron seconded, to approve the consent agenda removing Items 6(b)3 and 6(b)7. On a roll call vote, Dierking, Caron, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. 1. Review Verified Claims Under $20,000 and Approve Verified Claims over $20,000 Action – Reviewed verified claims under $20,000 and approved verified claims over $20,000. 2. Mount Calvary Stormwater Easement Action – Approved the Easement Agreement and Stormwater Maintenance Plan for Mount Calvary Church. 4. Approve the Construction Manager Agreement for the Bandshell Action – Approved the Initial Agreement and authorized execution by the City Manager. 5. Extension of Local Emergency Declaration Action – Adopted Resolution No. 2020-69 Extending the Local Emergency Declaration. 6. Water Street Tree Replacement Action – Approved payment to Odessa II for the amount of $24,960 for phase 2 of the Water Street Tree Replacement project to be funded from the Capital Improvement Project fund. 8. Ord. No. 621 – Extension of Ord. No. 606 for Business Support Action – Waived the first reading of Ord. No. 621 extending Ord. No. 606 and scheduled the second reading for December 7, 2020. Minutes City Council Minutes November 16, 2020 Page 4 9. Approve Pay Voucher No. 13 2019 Street & Utility Imp. Project L2019 Action – Approved Construction Pay Voucher No. 13 for the 2019 Street and Utility Improvement Project and authorized payment in the amount of $70,975.61 to Northdale Construction Co., Inc. 10. Approve Pay Voucher No. 6 2020 Street & Utility Imp. Project Action - Approved Construction Pay Voucher No. 6 for the 2020 Street and Utility Improvement Project and authorized payment in the amount of $342,196.47 to Northdale Construction Co., Inc. 3. Approve City Architect Contract Dierking moved, Caron seconded, to approve the Consulting Agreement between the City and Brian Larson. On a roll call vote, Dierking, Caron, Hersman, and Carlson voted yes and Kurschner voted no. Motion carried 4/1. 7. Obstruction of Water Street Parking Spaces for Portable Domes Kurschner moved, Dierking seconded, to waive the first reading and adopt Ord. 620. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. 7. PUBLIC HEARINGS (a) 2019 Project Assessment Hearing Mayor Carlson opened the public hearing at 7:39 p.m., hearing no comments, Mayor Carlson closed the public hearing at 7:39 p.m. Dierking moved, Caron seconded to adopt Resolution No. 2020-70 – Resolution Adopting the Assessment Roll for the 2019 Street and Utility Improvement project. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. Minutes City Council Minutes November 16, 2020 Page 5 8. PETITIONS, REQUESTS and COMMUNICATIONS (a) Excelsior Bandshell 60% Construction Drawings Dan Johnson and Eric Snyder, Representatives from the Project Advisory Committee (PAC), reviewed the 60% construction drawings with the Council. Caron moved, Dierking seconded, to direct the PAC to come back with full renderings of the design decisions and a use analysis, and to continue to work on the construction drawings. The PAC will advise the Council on when they will bring back the final renderings. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. (b) Agreement with Tommy’s Tonka Trolley Dean and Becky Salita, Owners of Larry’s Dairy Bar dba Tommy’s Tonka Trolley, commented on the proposed agreement. Kurschner moved, Caron seconded, to continue the agreement with Larry’s Dairy Bar dba Tommy’s Tonka Trolley to the December 7, 2020 City Council meeting. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. (c) Request by 318 Café to Reduce Liquor License Fee Dierking moved, Hersman seconded, to deny the request based on precedence setting and that the business has the opportunity to remain open with the portable domes and has chosen not to. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. Minutes City Council Minutes November 16, 2020 Page 6 9. ORDINANCES and RESOLUTIONS (a) Administrative Penalties Ordinance Kurschner moved, Dierking seconded to waive the first reading and schedule the second reading of Ord. 618 amending the administrative penalties ordinance to allow administrative penalties for violations of additional portions of the City Code and adopt Resolution 2020-68 setting forth administrative penalty fees with the modified fee structure. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. (b) Appendix E Ordinance Amendments Kurschner moved, Hersman seconded, to waive the first reading and schedule the second reading of Ord. 619 amending Articles 2,12,14, and 36 of Appendix E of the Zoning Code. Kurschner withdrew the motion and Hersman withdrew the second. Kurschner moved, Hersman seconded, to waive the first reading with clarifications and schedule the second reading of Ord. 619 amending Articles 2,12,14, and 36 of Appendix E of the Zoning Code. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. 10. REPORTS of OFFICERS, BOARDS and COMMITTEES (a) City Hall COVID-19 Update City Manager Luger provided an update on City Hall’s COVID-19 protocols. 11. UNFINISHED BUSINESS (a) None Minutes City Council Minutes November 16, 2020 Page 7 12. NEW BUSINESS (a) None 13. ADJOURNMENT Dierking moved, Kurschner seconded, to adjourn the meeting at 9:50 p.m. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. Respectfully submitted, Kristi Luger, City Manager