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011397 CC Reg Min !,... . . e. e e CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 13, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director AI Rolek. B. Review Agenda McCarty moved, O'Neill seconded to approve the agenda for January 13, 1997. Councilmember Garfunkel requested Item No.6 be tabled to allow for further Council discussion. He suggested a work session may be appropriate. Mayor Dahlberg was in favor of selecting another date for discussion of this matter. It was decided this item will be more fully addressed during consideration of Item 6. Motion passed 5/0. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - December 16, 1996 The City Council Regular Meeting Minutes for December 16, 1996, were approved as submitted. B . City Council Executive Session Minutes - December 16, 1996 The City Council Executive Session Minutes for December 16, 1996, were approved as submitted. C. City Council Special Session Meeting Minutes - January 2, 1997 The City Council Special Meeting Minutes for January 2, 1997, were approved as submitted. D. City Council Special Meeting Minutes - January 6, 1997 The City Council Special Meeting Minutes for January 6, 1997, were approved as submitted. E . City Council Special Meeting Minutes - January 7, 1997 The City Council Special Meeting Minutes for January 7, 1997, were approved as submitted. . . I.. . CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 2 . 3. CONSIDERATION OF A MOTION ADOPTING RESOLUTIONS MAKING APPOINTMENTS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 1997 A . A Resolution Making Appointments for 1997 Garfunkel moved, O'Neill seconded approving RESOLUTION NO. 97-01, "A Resolution Making Appointments for 1997." Motion passed 5/0. Mayor Dahlberg introduced John B. Dean, Kennedy & Graven, who has been appointed to the position of City Attorney. B . A Resolution Making Appointments to Various Commissions to Begin in 1997 Mayor Dahlberg announced the appointment of William Colopoulos and Patricia Amstto the Park Commission as well as the appointment of Christine Lizee and Roger D. Champa to the Planning Commission. Stover moved, McCarty seconded approving RESOLUTION NO. 97-02, "A Resolution Making Appointments to Various Commissions to Begin in 1997." Motion passed 5/0. 4. CONSENT AGENDA . Mayor Dahlberg read the Consent Agenda for January 13, 1997. McCarty moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A . A Motion Establishing the 1997 Local Board of Review Date as Wednesday, April 2, 1997 B. A Motion to Authorize Execution of an Extension of Recording Secretarial Service Agreement C. A Motion Adopting RESOLUTION NO. 97-03, "A Resolution Approving Tree Trimmers' Licenses" D. A Motion Adopting RESOLUTION NO. 97-04, "A Resolution Approving a Variance to Temporarily Allow Two Houses on One Lot for Stan Taube, 27280 Edgewood Road and 5315 Howard's Point Road" E. A Resolution Authorizing Execution of a Corporate Authorization Resolution F . A Motion to Approve Contract for Legal Services for 1997 with Kennedy & Graven Motion passed 5/0. . 5. MATTERS FROM THE FLOOR . . . , CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 3 Tim Keane, Larkin, Hoffman, Daly & Lindgren, appeared to address the Council. Mr. Keane explained he has been the City Attorney for Shorewood since 1991. He thanked the Council for the opportunity he was given to serve the community and stated he has enjoyed his service. He commented the City will be well served by City Attorney John B. Dean. Kirk Rosenberger, 20960 Ivy Lane, congratulated the Council on their election. He stated he had raised questions during the campaign which have not been answered to date. Mr. Rosenberger asked what variance was specifically given to the developer at Watten Ponds. Mayor Dahlberg stated that because this project was a P.U.D., the arrangement was flexible. He noted there had been controversy as to whether the Comprehensive Plan was dominant in that situation versus the zoning laws. Mr. Rosenberger pointed out there had been no variance given. Mr. Rosenberger also inquired where high density is being promoted in Shorewood. Councilmember O'Neill stated high density is a subjective term and a number of people felt that the number of P.U.D.'s and the number of projects which were built were high density. Mr. Rosenberger inquired as to any conflict of interest between Mr. Watten and anyone in the community. Attorney Dean explained that Matters from the Floor is a time for members of the public to state matters to the Council which would ordinarily result in a follow up at a later date. Mayor Dahlberg commented that Mr. Rosenberger was discussing political issues which arose during the campaign. Mr. Rosenberger requested a written response for the questions he raised and went on to inquire as to any special considerations which are given to developers in Shorewood. He explained developers were subject to strict conservation easements, tree preservation requirements more stringent than those which apply to current Shorewood residents, wetland setbacks more stringent than the Minnehaha Creek Watershed District, and assessments for water which are twice the amount the current Shorewood residents are assessed. Mr. Rosenberger noted during the course of the campaign there was considerable talk relative to litigation in which the City is currently involved. He asked if Mr. and Mrs. Johnson and Mr. and Mrs. Bache made financial contributions to the Preservation Team. Mayor Dahlberg stated financial contributions by the Johnsons and the Baches were refused. Mr. Rosenberger felt since they were listed as a part of the campaign committee, there is a perception of a clear conflict of interest. He felt Mayor Dahlberg should excuse himself from any discussion relative to those matters of litigation. 6. PLANNING - Report by Representative Commissioner Turgeon congratulated the Council on their first meeting and wished them the best. She reported on the matters considered and actions taken at the January 7, 1997, meeting of the Planning Commission (as detailed in the minutes of that meeting). A Motion to Adopt a Resolution Denying an Appeal Interpretation of City Code Related to Non-conforming Docks Applicant: James Cabalka Location: 58XX Christmas Lake Road Councilmember O'Neill asked the applicant for input relative to postponing consideration of this matter. Mark Kelly, Attorney for the Cabalkas, asked this matter be considered in March or some later date since the Cabalkas will be out of town, however, he would like it brought to a conclusion. Mayor Dahlberg commented he would like to have the opportunity to discuss this matter in a work session prior to making a decision. . . . " CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 4 Councilmember McCarty asked Attorney Dean if there is a conflict of interest in the event a Councilmember had had contact with the Cabalkas and their attorney prior to being sworn in and if it would be appropriate for that Councilmember to excuse himself. City Attorney Dean did not feel there was a conflict which would disqualify that individual from consideration of this matter. Mayor Dahlberg acknowledged that prior to being sworn in he had contact with Mr. Cabalka relative to this matter as did Councilmember O'Neill. Councilmember McCarty inquired if the Councilmember should excuse himself in the event he had made up his mind relative to this matter beforehand and had possibly given advice to the Cabalkas' attorney. Attorney Dean did not feel there was a conflict of interest given the circumstances. Mayor Dahlberg commented if a reasonable basis for excusing himself from consideration of this issue were to arise, he would certainly do so. Councilmember Garfunkel felt there were pictures the prior Council had reviewed which he would like to view prior to making a decision on this matter. McCarty moved, Garfunkel seconded to defer action relative to the request of James Cabalka, 58XX Christmas Lake Road and directing staff to establish a work session in March or April. Mayor Dahlberg moved to amend the motion to establish a work session in March. The motion failed due to the lack of a second. Motion passed 5/0. 7. CHAPTER 308 - TRANSIENT MERCHANTS, SOLICITORS, PEDDLERS, CANVASSERS AND GARAGE SALES A. Administrator's Report on this Chapter of the Municipal Code City Attorney Dean explained this matter in detail. B . A Motion Regarding Amendment of Chapter 308, Subd. 11 License Limitations Mayor Dahlberg asked for public comment at 8: 17 p.m. Hearing no public comment, Mayor Dahlberg closed the public comment at 8:17 p.m. Stover moved, McCarty seconded approving the amendment to Chapter 308, Subd. 11 License Limitations reflecting the allowable hours to go door to door be from 9:00 a.m. to 9:00 p.m. Motion passed 5/0. 8. CONSIDERATION OF A MOTION REGARDING A RIGHT-OF-WAY PERMIT Applicant: Steve Codden Location: 20840 Forest Drive Mayor Dahlberg asked if the sewer system is fully extended. Planning Director Nielsen explained it extends just a few feet beyond the paved surface of the road. . . . I- CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 5 Councilmember Garfunkel inquired if Mr. Codden would be connecting to the public sewer system. Nielsen stated he will still be putting in a private sewer now, however, if the surrounding property develops a lateral pipe, it would need to be installed down Forest Drive. Mr. Codden's property will be connected to the public sewer system, however, the service would be the responsibility of Mr. Codden with respect to maintenance. Councilmember O'Neill questioned the added expense to the city in removing the pipe connections if the road is extended at some point. Nielsen stated he did not foresee this. Stover moved, O'Neill seconded approving a right-of-way permit for Steve Codden, 20840 Forest Drive, subject to staff recommendations. Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND LEASE AGREEMENT FOR SPRINT SPECTRUM Applicant: Sprint Spectrum L.P. Location: 5500 Old Market Road Councilmember O'Neill inquired as to the size of the antennas to be mounted on the water tower. Chris Traiser of Sprint Spectrum explained the antennas are 2Ix4"x6'. Mayor Dahlberg asked how much revenue the City will generate per annum on this lease agreement. Engineer Brown stated it would be approximately $12,000. City Administrator Hurm pointed out that the Council is also considering the approval of a Conditional Use Permit which is consistent with the goal discussed at the Planning Commission level relative to complying with federal law which requires the City to allow these types of antennas. The Planning Commission recommended the use of the existing water towers as opposed to erecting communication towers. Councilmember O'Neill questioned if the removal of the antennas would result in any damage to the water tower. Brown stated this is provided for in the lease agreement. Councilmember Garfunkel asked if an escrow would be required to assure the tower will be returned to good condition. Brown stated this would not be required. Mayor Dahlberg inquired if the federal requirement would result in additional antennas being placed on the water tower. Nielsen explained federal law prohibits a local government from precluding these facilities, although at this time there are a limited number of licenses. He further explained possibly three to four carriers could be accommodated on each of the water towers. Councilmember Garfunkel asked what would be stored on the steel grating and if there would be any concern relative to high voltage in light of the barbed wire and the chain link fence surrounding this area. Nielsen stated the platform will contain cabinets and that the fencing would be for purposes of vandalism. Councilmember O'Neill inquired if there would be a possibility for children to be injured. Brown pointed out there is a provision in the lease agreement which provides insurance coverage. Brown stated there has been a facility in this area for a number of years and there have been no reported incidents. Mayor Dahlberg asked Mr. Traiser to respond to questions relative to voltage and safety hazards. Mr. Traiser stated he would be comfortable with removing the barbed wire from the fence. Nielsen explained the Planning Commission and the Council had reviewed the fencing ordinance within the last year and addressed barbed wire fencing. The ordinance does provide for security fencing in a commercial development in instances similar to this. . . . -t' CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 6 Councilmember Garfunkel questioned if this equipment would impede any maintenance the City needs to perform on the water tower. Brown did not feel it was intrusive to the point of creating any major problems. In addition, he asked if damage to the equipment as the result of power washing would be the responsibility of the City. Brown noted the City would not be liable. Councilmember O'Neill stated he is not in favor of the six foot fence with barbed wire. Mayor Dahlberg asked Mr. Traiser if Sprint would be in agreement with excluding the use of barbed wire. Mr. Traiser stated Sprint has utilized an 8-foot fence without barbed wire in the past. Councilmember O'Neill suggested an 8-foot fence with barbed wire. Brown noted the facility is located on a hill and the elevation will allow the barbed wire to be visible. At some point, the trees will grow tall enough to obscure this. Mr. Traiser commented Sprint would prefer to have the barbed wire, however, he did not feel it would be an issue. Mayor Dahlberg questioned if the City would be liable for any injuries incurred. Attorney Dean stated there may be liability on the part of the City, however, Sprint has agreed to indemnify the City from this liability. Councilmember McCarty expressed concern children will climb the fence regardless of the height and barbed wire would preclude this. It was the consensus of the Council to utilize an 8-foot fence with barbed wire at the top. McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97 -05, "A Resolution Approving a Conditional Use Permit and Lease Agreement for Sprint Spectrum, L.P., 5500 Old Market Road subject to the understanding City Staff and the Applicant will modify the plans and specifications to show an 8-foot fence with barbed wire on the top of the fence. Motion passed 5/0. 10. ADMINISTRATOR & STAFF REPORTS A. Administrator's Report on Classes Available Administrator Hurm noted the Hennepin County Sheriffs Office will be offering specialized law enforcement training and invites residents of Shorewood and City officials to participate. B. Administrator's Report on the Dissolving of the Joint Powers Agreement with Suburban Alliance Administrator Hurm pointed out the final payment has been made to the Suburban Alliance and the City will now be out of the Suburban Alliance. There is a possibility that Shorewood could receive some money back. C. Report on Upcoming City Council Work Sessions Councilmembers will provide Administrator Hurm with dates they are available for work sessions. 11. MAYOR & CITY COUNCIL REPORTS Councilmembers Garfunkel and Stover met as the Liquor Committee to consider a proposed lease for Store #1. There are points which are being renegotiated. They noted a business plan to be a priority for all the stores. Financials from last year will need to be reviewed. Councilmember Stover commented that a recommended negotiated contract will be brought back to the Council for consideration. . . . .' ~ CITY COUNCIL REGULAR MEETING MINUTES JANUARY 13, 1997 - PAGE 7 Councilmember McCarty inquired with respect to the water tower. Brown stated it was filled as of last Friday. The controls for filling and emptying of the tower are being installed. At this point it is being operated manually. He reminded the residents that City crews do clean the hydrants and asked for the residents' help in keeping the hydrants clear and visible. In addition, if anyone is experiencing low pressure, they should contact City Hall and staff will make adjustments. Mayor Dahlberg asked if any problems have occurred in the Boulder Bridge area relative to the pressure reducing valves. Brown stated pressure reducing valves have been installed in the critical areas. 12. ADJOURNMENT Mayor Dahlberg questioned the checks to liquor store distributors. Finance Director Rolek stated the expenditures were somewhat higher because of the holiday season. Mayor Dahlberg also asked for clarification on the payment to Computer City for a zip drive. Nielsen pointed out this expense includes both a zip drive and ram. Rolek encouraged the Council to feel free to contact him relative to any questions they may have concerning the claims. Garfunkel moved, Stover seconded to adjourn the meeting at 9:09 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: C p 1.:/6J.-i!V\.-V). \./l/l/lIJ/\ JAM C. HURM, CITY ADMINISTRATOR