City Council Meetings and Work Sessions

City of Excelsior City Council Meeting MINUTES Monday, December 7, 2020 6:30 P.M. 1. CALL TO ORDER Mayor Carlson called the meeting to order at 6:32 p.m. This meeting was a remote meeting conducted via Zoom. 2. ROLL CALL City Council: Mayor Carlson and Councilmembers Caron, Dierking (left at 9:00 p.m.), Hersman, and Kurschner (arrived at 6:36 p.m.) Absent: None Also Present: City Manager Luger, City Attorney Staunton, Public Works Superintendent Amundsen, City Engineer Dawley, Planning Director Becker, and Finance Officer Potter Mayor Carlson 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 13, 2020 Canvassing Board Minutes Caron moved, Dierking seconded, to approve the November 13, 2020 Canvassing Board Minutes. On a roll call vote, Caron, Dierking, Hersman, and Carlson voted yes. Motion carried 4/0. (b) November 16, 2020 Work Session Minutes Dierking moved, Hersman seconded, to approve the November 16, 2020 Work Session Minutes. On a roll call vote, Caron, Dierking, Hersman, and Carlson voted yes. Motion carried 4/0. (c) November 16, 2020 City Council Minutes Minutes City Council Minutes December 7, 2020 Page 2 Hersman moved, Dierking seconded, to approve the November 16, 2020 City Council Minutes. On a roll call vote, Caron, Dierking Hersman, and Carlson voted yes. Motion carried 4/0. (d) December 1, 2020 Work Session Minutes Dierking moved, Caron seconded, to approve the December 1, 2020 Work Session Minutes. On a roll call vote, Caron, Dierking Hersman, and Carlson voted yes. Motion carried 4/0. 4. CERTIFICATE OF APPRECIATION WYNNE REECE Mayor Carlson presented a Certificate of Appreciation to Wynne Reece. 5. OPEN FORUM Petra Cripe, 450 West Lake Street, appeared before the Council with concerns regarding code enforcement. 6. 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) Introducing Kevin Swanson of Gardner Builders, Construction Manager for the Pavilion City Manager Luger introduced Kevin Swanson of Gardner Builders, Construction Manager for the Pavilion. Minutes City Council Minutes December 7, 2020 Page 3 (c) 2019/2020 Project Update There was no update on the 2019 and 2020 Street and Utility Projects. (d) Mayor Carlson provided announcements and thanks on various items. 7. AGENDA APPROVAL (a) Meeting Agenda Dierking moved, Caron seconded, to approve the December 7, 2020 Meeting Agenda. On a roll call vote, Kurschner, Hersman, Caron, Dierking and Carlson voted yes. Motion carried 5/0. (b) Consent Agenda Kurschner moved, Dierking seconded, to approve the consent agenda removing Items 6(b)7, 6(b)9, and 6(b)10. 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. Second Reading of Ord. No. 621 – Extension of Ord. No. 606 for Business Support Action – Waived the second reading of and adopted Ord. No. 621 extending Ord. No. 606. 3. Second Reading of Administrative Penalties Ordinance Action – Waived the second reading and adopted 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. 4. Continuation of Second Reading of Appendix E Ordinance Amendments Minutes City Council Minutes December 7, 2020 Page 4 Action – Continued the second reading of Appendix E Ordinance Amendments to the December 20, 2020 meeting. 5. November Building Permit Report Action – Accepted November building permit report. 6. 2020 Liquor License Renewals Councilmember Caron recused herself. Kurschner moved, Dierking seconded to approve Resolution 2020-71 – Approving the 2021 Liquor License Renewals. Motion carried 4/0. Councilmember Caron rejoined the meeting. 7. Extension of Local Emergency Declaration Action – Adopted Resolution No. 2020-75 Extending the Local Emergency Declaration. 8. Approve St. Alban’s Bay Lake Improvement District Assessment Roll Action – Accepted the budget and levy as presented and adopted Resolution 2020-77 – A Resolution Levying the Assessment Roll for the St. Alban’s Bay Lake Improvement District. Caron moved, Hersman seconded, to approve consent agenda Items 6(b)7 and 6(b)9. On a roll call vote, Dierking, Caron, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. 7. Food Truck Discussion Action – Continued the food truck discussion to the April 5, 2021 meeting. Minutes City Council Minutes December 7, 2020 Page 5 9. Pavilion Budget and Schedule Update Action – No action required, Kurschner wanted it noted that more items were requested under Item 8(a) Excelsior Bandshell 60% Construction Drawings than what was noted in the November 16, 2020 City Council minutes. 10. Approve Agreement with Tommy’s Tonka Trolley Hersman moved, Dierking seconded to move this item to 12(b) for discussion. 8. PUBLIC HEARINGS (a) 1,2,3,4,5,6,8,10,12,14,16 Village Lane Easement Vacation Caron moved, Kurschner seconded to approve the easement vacation requests for 1,2,3,4,5,6,8,10,12,14,16 Village Lane and approve Resolution 2020-74. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. (b) 429 Second Street Conditional Use Permit (CUP) for Parking Impact Fee Kurschner moved, Dierking seconded to adopt Resolution 2020-72 approving a Conditional Use Permit for a Parking Impact Fee for eight spaces for the property located at 429 Second Street and approved the Development Agreement for a Parking Impact Fee. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. (c) 366 Highway 7 Sign Variances Gary and Kellie Ringate, the applicants, addressed the City Council. Kurschner moved to adopt Resolution 2020-73 approving variance requests to allow erection of a 20-foot pylon sign for the property located at 366 Highway 7. Motion failed due to a lack of a second. Caron moved, Dierking seconded to adopt Resolution 2020-73 with the condition that the message board not be included on the sign and the Minutes City Council Minutes December 7, 2020 Page 6 removal of finding “j.” On a roll call vote, Caron, Dierking, Hersman, and Kurschner voted yes. Motion carried 4/1. (d) Presentation of 2021 Budget and Acceptance of Public Comments There were no comments from the public; the final budget and tax levy will be presented at the December 21st City Council meeting. 8. PETITIONS, REQUESTS and COMMUNICATIONS (a) None 9. ORDINANCES and RESOLUTIONS (a) None 10. REPORTS of OFFICERS, BOARDS and COMMITTEES (a) None 11. UNFINISHED BUSINESS (a) East Parking Lot Improvements Dierking moved, Caron seconded to authorize a study for undergrounding utilities with Xcel Energy. On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. Councilmember Caron recused herself. Councilmember Caron rejoined the meeting. 12. NEW BUSINESS Hersman moved, Caron seconded to move Item 12(b) ahead of Item 12(a). On a roll call vote, Caron, Dierking, Hersman, Kurschner and Carlson voted yes. Motion carried 5/0. (b) Approve Agreement with Tommy’s Tonka Trolley Minutes City Council Minutes December 7, 2020 Page 7 Dean and Becky Salita, owners of Larry’s Dairy Bar dba Tommy’s Tonka Trolley, addressed the Council. Kurschner moved, Dierking seconded to approve the agreement with Larry’s Dairy Bar dba Tommy’s Tonka Trolley with the terms to be rewritten as discussed and authorize the Mayor and City Manager to sign. (a) Shorewood Sewer Agreement The Council directed Mayor Carlson and Councilmember Kurschner to work with staff on a new water and sewer agreement for the City of Shorewood and on some settlement options for the parcels in Wood Duck Circle. 13. ADJOURNMENT Caron moved, Kurschner seconded, to adjourn the meeting at 9:15 p.m. On a roll call vote, Caron, Hersman, Kurschner and Carlson voted yes. Motion carried 4/0. Respectfully submitted, Kristi Luger, City Manager