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050498 CC WS Min . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MEETING MONDA Y, MAY 4, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. 1. MINUTES CONVENE CITY COUNCIL WORK SESSION SCMtNED Mayor Dahlberg called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers O'Neill, Garfunkel and Champa; Administrator Jim Hurm; Planning Director Brad Nielsen Absent: Councilmember Stover B. Review Agenda Administrator Hurm suggested deferring Item No.4 until Planning Director Nielsen is able to attend. Councilmember O'Neill suggested briefly discussing this item and passing any concerns on to Nielsen. The agenda was approved as presented. 2. PRESENTATION BY JIM STROMMEN, KENNEDY & GRAVEN, ON USE OF RIGHT-OF-WAY Engineer Brown explained KMC Communications has expressed an interest in installing a fiber optic line through the City. It is their intention to compete with US West in providing communication services. Brown stated there is not currently a clear cut need for fiber optic cable, however, Shorewood will want to be communicating with the other cities. The Council has discussed live interactive meetings in the past and this may be something the City would be interested in at some point. Councilmember O'Neill questioned whether right-of-way is included in the contract which the various cities are negotiating with Triax cable. Administrator Hurm noted this issue is included. He pointed out there is an existing franchise agreement .and the cities are currently negotiating an extension of that agreement. Councilmember O'Neill raised the issue of buried cables. Brown explained typically if there is an area in which there are existing poles, the poles are utilized. In areas where there are no poles, the City requires the cables be buried. Councilmember O'Neill questioned whether the fiber optic lines are intended for poles. Brown noted this is the current intention of KMS Communication. Jim Strommen, Kennedy & Graven, was in attendance and addressed the issues relative to use of right-of-way. He explained there are many different laws governing a city's rights as they relate to telecommunication cables. . CITY COUNCIL WORK SESSION MINUTES MAY 4, 1998 - PAGE 2 . Attorney Strommen discussed the Redwood Falls v. US West case in which the Appellate Court agreed with US West. With respect to KMC Communications coming in to compete with US West, the City will be subsidizing the profits. The taxpayers will incur all of the costs the City incurs when work occurs in the right-of-way. Attorney Strommen stated the City needs to protect the right-of-way as well as the rights of the residents. He noted that the Redwood Falls case has been repealed and no longer applies. Attorney Strommen noted in 1997, the Right-of-Way Act was passed by the Minnesota Legislature. This legislation has resulted in disagreement relative to the meaning of the Act. He pointed out the Act governs the right-of-way of cities and townships. It controls telecommunication right-of-way. This Act includes a provision in which local government units are to treat all utility providers using the right-of-way in the same manner. That expands the scope of the Right-of-Way Act to include electric, gas and municipal utilities. The Public Utilities Commission is currently developing rules regarding right-of-way use and the rights of local government units as they relate to telecommunications providers as well as electric, gas and municipal utilities. Attorney Strommen explained that currently, cities may enact comprehensive right-of-way user ordinances which would apply to telecommunications carriers. He also explained cities cannot treat themselves more favorably than they treat others. Attorney Strommen further explained cities cannot franchise telecommunications providers and cannot collect fees above management costs. Mayor Dahlberg questioned whether the City has the right to charge franchise fees to gas, electric and cable companies. Attorney Strommen stated there should be a provision in the existing franchise agreement allowing the City to determine a franchise fee. . Councilmember O'Neill inquired what would happen in the event a provider had to dig up the roadway to install their lines. Attorney Strommen stated this would be a degradation cost which should be recoverable. One approach would be to address the issue of the shortening of the life of the roadway which is caused by disrupting the roadway. This degradation fee could be charged in addition to the actual road repair. Brown explained the City Engineers Association has drafted a degradation plan. Administrator Hurm asked whether undergrounding could be required. Attorney Strommen stated the City has authority to require undergrounding as long as there is an ordinance in existence and the franchise agreement allows it. Mayor Dahlberg summarized his understanding the City could pass an ordinance which would trigger undergrounding in the event of some sort of construction project. Attorney Strommen stated as the statutes now exist, cities do not have to reimburse those parties they are requiring to do things which are needed for the city to regulate. Mayor Dahlberg suggested an ordinance which would require a utility such as NSP to underground their cables if the City were to satisfy them financially by assessing and paying them for this. Administrator Hurm pointed out the price estimate on Smithtown Road had been approximately $300,000. He pointed out it would require many of the older homes to be re-wired which would be a significant expense to the homes as well. . CITY COUNCIL WORK SESSION MINUTES MAY 4, 1998 - PAGE 3 . Mayor Dahlberg stated he would like further information relative to the cost per household, apart from rewiring, to bury all utility lines along Smithtown Road (as a test case), assuming the City would subsidize or incur the cost of this work. He would then like to poll the neighborhood to determine the support there would be for this. Mayor Dahlberg stated he would like to determine what percentage of the City would be in favor of burying cables given the costs which would be involved. Councilmember Garfunkel inquired how often a franchise agreement would come up for renewal. Mr. Strommen stated it would be renewed every 15 to 20 years. Councilmember O'Neill suggested determining when the City's franchise agreement is up for renewal. Mr. Strommen stated he would anticipate there to be a provision in which the City is free to establish a franchise fee. Hurm reported the NSP franchise fee will expire in the year 2007. Mr. Strommen reviewed the City's existing franchise agreement and noted there is no provision permitting the City to impose a franchise fee. He noted NSP, on occasion, has agreed to amend their franchise agreements. The consensus of the Council was to investigate the idea of renegotiating with NSP relative to a franchise fee in conjunction with the meter replacement project NSP will be undertaking. In the meantime, the Council could considering drafting an ordinance which would state an event, such as a reconstruction, would trigger undergrounding. In addition, the ordinance should establish the City will franchise and this would be negotiated at the time with an indication of where the funds would be spent. . Councilmember O'Neill stated he would like examples of what other cities have done relative to these type of agreements. Attorney Strommen will investigate this matter. He pointed out the City will need to establish a right-of-way ordinance. 3. DISCUSSION ON REQUEST FOR TELECOMMUNICATIONS CONSULTANT PROPOSALS Mayor Dahlberg stated he would like a consultant who is an advocate for the City and will defend the policy of the Council. Councilmember O'Neill stated he would like someone who will be able to locate the least amount of antennas possible in western Shorewood to the satisfaction of the industry. Brown noted it will be important to hire an individual who will work on behalf of the City's rights and be knowledgeable in both the electrical engineering aspects of this as well as the planning aspects. Councilmember O'Neill suggested allowing Engineer Brown to handle this situation since he is aware of the position the Council is taking. Brown suggested reviewing this matter with Planning Director Nielsen and returning to the Council with a list of detailed services they would expect to see. Councilmember Garfunkel pointed out Mr. Nelson has a significant amount of governmental experience while Mr. Lysiak, although very skilled, has worked mostly in the private sector. Councilmember Champa stated he would not want a consultant to come in with the position the water tower is the only viable location. Councilmember Garfunkel pointed out that could be the actual fact of the matter. Mayor Dahlberg stated his perspective any consultant who would come in and tell the Council the water tower is the only location which can be used, would be wrong. Councilmember Champa stated he would like a consultant who would come in and tell the Council what the answer is, but then provide some alternatives. . . . . . CITY COUNCIL WORK SESSION MINUTES MAY 4, 1998 - PAGE 4 4. DISCUSSION ON METHOD COMMISSION MEMBER PLANNING FOR SELECTING Councilmember Garfunkel stated he cannot support any of the applicants on the existing list. Councilmember O'Neill noted his agreement and expressed his belief the commission should be reduced to five members. Councilmember Champa noted his agreement with Councilmember O'Neill and felt a member should be cut from the existing commission. He felt reducing the number of members would result in a more efficient commission. Mayor Dahlberg would be willing to compromise in writing an ordinance reducing the commission to five. He noted two positions on the commission expire in December and at that time, the commission could be reduced to five members. Councilmember Champa suggested not filling the current opening on the commission which would result in a six member commission. Upon expiration of one term in December, the commission would then be reduced to five members. Councilmember O'Neill stated there is a state requirement there be an odd number of members on the commission which would reduce the chance of a tie vote. Councilmember Champa stated he would like to review this requirement, noting there have been tie votes in the past utilizing a seven member commission. Councilmember Garfunkel also noted there is a requirement the commission be comprised of five or seven members. Councilmember O'Neill noted his position is based upon the numerous complaints he has received relative to the length of time the commission spends considering an issue. Mayor Dahlberg suggested rewriting the ordinance to be effective January 1, 1999, reducing the commission to five members. Councilmember O'Neill expressed concern this would abolish the entire commission and it would be necessary to make five appointments. Mayor Dahlberg stated he supports acting decisively to create a five member commission. Councilmember Garfunkel felt there to be considerable logic in reducing the commission to five. Councilmember Champa noted his agreement with Councilmember O'Neill this should be done now as opposed to the beginning of the year. Mayor Dahlberg expressed concern with reducing the Planning Commission at this time and felt if the Planning Commission is to be reduced to a five member commission, this should also apply to the Park Commission. Councilmember O'Neill did not feel this should apply to the Park Commission. He noted the Park Commission operates in a different capacity in that it does not have to comply with a 60-day rule and does not conduct the number of public hearings the Planning Commission holds. Mayor Dahlberg stated he will support this because he is in philosophical agreement. (Councilmember Champa leftthe meeting at 9:20 p.m.) Mayor Dahlberg recessed the meeting at 9:20 p.m. and reconvened at 9:27 p.m. . . . CITY COUNCIL WORK SESSION MINUTES MAY 4, 1998 - PAGE 5 5. DISCUSSION ON RENTAL HOUSING POLICY Administrator Hurm stated this Code is being brought before the Council for their review prior to sending out notices to the landlords advising them to arrange for inspections. Mayor Dahlberg felt this process should proceed as intended. Councilmember Garfunkel was in agreement noting this involves safety issues. 6. DISCUSSION ON LAND USE ISSUES Councilmember O'Neill felt the Council should review the issue of 30 percent hardcover. He would like to know how many properties this will impact financially. Brown pointed out in the course of planning, Nielsen calculates all of the hardcover requirements, however, he felt this would be extremely time consuming. Councilmember O'Neill stated this is not being reviewed simply for purposes of water quality and stormwater run-off, but also as a means to preserving housing stock as well as the character of Shorewood. He pointed out this will, however, affect some property values and/or property rights and felt this issue should be opened up to public input as well. LU3 With respect to the paragraph, "The City shall promote the development of safe, healthy, and affordable housing options," O'Neill expressed concern relative to the phrase, "shall promote development. " Mayor Dahlberg noted his agreement and commented the market forces determine what is happening. Mayor Dahlberg felt this section should read, "The City shall attempt to preserve and promote safe, healthy, and affordable housing options." Councilmember O'Neill noted his agreement. LU5 With respect to the new language, "There remain, however, discrepancies between the Land Use Plan and the existing zoning map. The City intends to resolve such discrepancies in favor of whichever land use tool results in a lower residential density," Councilmember O'Neill felt the Council had decided the discrepancies would be resolved by utilizing the existing zoning. Mayor Dahlberg felt all of the discrepancies had been resolved when the Land Use Plan was reviewed. He suggested, "Any discrepancies between the Land Use Plan and existing zoning would be resolved in favor of the zoning map." Councilmember O'Neill requested there be a reference included relative to current zoning. Hurm suggested this matter be considered at the next work session when Nielsen is available. Mayor Dahlberg suggested each councilmember provide their list of questions and concerns to Nielsen for his review and comment. LU8 With respect to Item No. 13, Mayor Dahlberg suggested adding the language, "such as green space preservation. " Councilmember O'Neill noted the Planning Commission has raised several issues relative to land use which the Council should review and reconsider. He encourage everyone to read the minutes of that Planning Commission meeting. ,.., l, .. , .. ~ ~ .., CITY COUNCIL WORK SESSION MINUTES MAY 4, 1998 - PAGE 6 7. ADJOURNMENT . Dahlberg moved, O'Neill seconded adjourning the work session meeting at 10:04 p.m. Motion passed 3/0. RESPECTFULLY SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial, Inc. , MAYOR A TTES1f~ :1 r k/ 'J1)VV\ JAMES, . . HURM, CITY ADMINISTRATOR 'J! : \ . . . . . CITY OF SHOREWOOD CITY COUNCIL WORK SESSION MONDAY, APRIL 27, 1998 5755 COUNTRY CLUB ROAD CONFERENCE ROOM 6:30 P.M. AGENDA 1 . CONVENE WORK SESSION A. Roll Call B. Review Agenda 2. DISCUSSION WITH PROSECUTING ATTORNEY ON TREE ORDINANCE VIOLATIONS (Att.-#2 Letter From Prosecuting Attorney) 3. ADJOURN No official action is taken at Work Sessions.