Loading...
011402 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 14, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love convened the meeting at 7: 11 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda. There were no recommended changes or corrections to the Agenda for this evening. Garfunkel moved, Turgeon seconded, approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes of December 10,2001 Lizee moved, Zerby seconded, approving the City Council Special Meeting Minutes of December 10,2001, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes of December 10, 2001 Turgeon moved, Lizee seconded, approving the City Council Regular Meeting Minutes of December 10, 2001, as amended, on Page 1, noting Commissioner Garfunkel's absence at that meeting. Motion passed 5/0. C. Joint City Council/Park Commission Meeting Minutes of December 11,2001 Garfunkel moved, Zerby seconded, approving the Joint City Council! Park Commission Meeting Minutes of December 11,2001, as presented. Motion passed 5/0. D. City Council Special Meeting Minutes of January 7, 2002 Turgeon moved, Zerby seconded, approving the City Council Special Meeting Minutes of January 7,2002, as presented. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES January 14, 2002 Page 2 of7 . 3. CONSENT AGENDA Mayor Love reviewed the Consent Agenda. Mr. John Sulciner requested Item 3G be removed from the Consent Agenda for further consideration and discussion. Lizee moved, Zerby seconded, Approving the Motions Contained on the amended Consent Agenda and Adopting the Resolutions Therein: A. B. C. D. E. F. . G. Approval of the Verified Claims List Adopting RESOLUTION NO. 02-003, "A Resolution Setting the 2002 City Council Regular Meeting Dates." Approval of Posting "No Dumping" signs on Enchanted and Shady Island Adopting RESOLUTION NO. 02-004, "A Resolution Adopting the 2002 Fee Schedule Setting License, Permit, Service Charges, and Miscellaneous Fees." Adopting RESOLUTION NO. 02-005, "A Resolution Approving Tree Trimmers Licenses for 2002." Adopting RESOLUTION NO. 02-006, "A Resolution Accepting Final Improvements for Freeman Park Sewer and Watermain Project." Approve Extension to Deadline for Correcting Zoning Violation (This item was removed from the Consent Agenda and moved to Item 7D.) Appellant: John A. Sulciner, representing Dimensions in Floors Location: 5660 County Road 19 Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 5. PARKS A. Report on Park Commission Meeting Held December 11, 2001 Commissioner Meyer reported on matters considered and actions taken at the December 11, 2001, Park Commission Meeting (as detailed in the minutes of that meeting). 6. PLANNING Commissioner Borkon reported on matters considered and actions taken at the January 8, 2002, Planning Commission Meeting (as detailed in the minutes of that meeting). . Councilmember Turgeon complimented the Planning Commission for its efforts in attempting to maintain scale and character of housing within the City when considering the revision to the City's subdivision ordinance. . . . CITY COUNCIL REGULAR MEETING MINUTES January 14, 2002 Page 3 of7 7. GENERAL A. Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2002 Administrator Dawson explained appointments were made to certain offices and positions within the City of Shorewood each year. Councilmember Turgeon expressed concern for the ambiguity in expectations between Minnetonka Community Education Services (MCES) and the City. She requested the MCES Liaison position requiring appointment be removed from the list of yearly appointments until the City's representative could meet with the City Council regarding matters related to those expectations. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 02-007, "A Resolution Making Appointments to Certain Offices and Positions Within the City of Shorewood for the Year 2002." Motion passed 5/0. With the permission of the maker and seconder of the motion, the motion was amended to remove the MCES Liaison position from the list of Appointments for the Year 2002, and Staff was directed to arrange a meeting with the City's MCES representative and Council prior to naming the MCES Liaison for the Year 2002. B. Establishing the Date, Time and Place for the Local Board of Review Turgeon moved, Zerby seconded, Establishing the Local Board of Review Meeting be held on April 15,2002, at 7:00 P.M., in City Hall Council Chambers. Motion passed 5/0. C. Amendment to Lawn Fertilizer Ordinance Administrator Dawson reviewed background information regarding the City's current Lawn Fertilizer Ordinance. He noted the ordinance would enact restrictions on the use, sale, and commercial application of lawn fertilizers containing phosphorus. In addition, this ordinance specified the restrictions regarding the sale of fertilizers would take effect January 1, 2002. At the time of adoption, in July 2000, it was hoped that State legislation would supersede the City's ordinance As there had been little change in the availability of zero-phosphorus lawn fertilizers to retailers since the ordinance was adopted, it was unrealistic to expect compliance by retailers this year. In addition, Administrator Dawson noted there was a promising effort to enact State legislation to restrict the use and sale of these lawn fertilizers this year. If passed, this legislation would supersede the City's ordinance. For these reasons, he recommended delaying compliance to January 1,2003, and notifying retailers ofthe requirements that would take effect at that time. Mayor Love commented legislative initiatives appear to be supportive of this kind of ordinance throughout the State, and he anticipated full discussions regarding this matter would be taking place at future Council meetings. Zerby moved, Turgeon seconded, Waiving the Reading of the Ordinance and Adopting ORDINANCE NO. 378, "An Ordinance Amending Section 310.04, Subdivision 4, of the City Code." Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES January 14,2002 Page 4 of7 . D. Approve Extension to Deadline for Correcting Zoning Violation (This item was removed from the Consent Agenda for further discussion and consideration.) Appellant: John A. Sulciner, representing Dimensions in Floors Location: 5660 County Road 19 Director Nielsen explained the background regarding this matter, noting late last year the City had received a complaint alleging that boats were being stored behind the carpet store at 5660 County Road 19. Upon inspection, the complaints were found to be accurate, and a zoning violation letter was sent to the owner of the property. ill a letter to the City, dated December 27, 2001, Mr. John Sulciner, representing Dimensions in Floors, requested additional time to comply with the notice. Mr. Sulciner requested the boats be allowed to remain behind the store until "ice-out" on Lake Minnetonka. Since the average "ice-out" date was April 15, this would amount to a 90-day extension. Staff believed this matter could be remedied more expeditiously, and noted that failure to comply with any appropriate deadline would result in the matter being turned over to the City Attorney for legal action. Mr. John Sulciner was present and addressed Council regarding this matter. He stated he would never have placed the boats there had he known they were in violation of City ordinance. He stated he had contacted the City and had been told boats could be stored on property within the City. ill retrospect, he believed the information given to him by City staff was for residential storage, not commercial. He stated it would now be a hardship for him to move the boats, and he requested the boats be allowed to remain on his commercial site until "ice-out" when they could be easily be moved to his location on the lake. . Mayor Love stated he was unclear about the Staff directive given to Mr. Sulciner. Mr. Sulciner stated he could not recall specifically who had given him the information regarding boat storage on his commercial property . Councilmember Turgeon stated she did not understand what hardship was being imposed as a result of moving the boats. Mr. Sulciner stated finding storage at this late date would be difficult as well as expensive to move them at least twice prior to putting them in the lake. He also stated he would not have placed them on the commercial property ifhe had known he would need to move them again. Councilmember Lizee stated she could understand the hardship without having a storage location for them at this point in time. She also stated she thought the City had previously allowed a resident an extension in a similar matter. Director Nielsen stated there was nothing wrong with the storage itself as a matter of principle. However, if the boats were going to be kept there, appropriate snow fencing, screening, and landscaping would need to be placed on the site. ill addition, a request for a Conditional Use Permit would be required. Mayor Love commented this was a commercial site with very large boats being stored there. ill addition, he believed the expense would not be prohibitive, and it could be argued it would be more difficult to move them in the spring due to their size. He stated he was not persuaded by the request for extension until "ice-out." Councilmember Garfunkel stated he had concerns for other issues regarding boat storage on commercial properties. He noted to make an exception in this case could pose potential problems in the future. . Councilmember Turgeon explained she was feeling conflicted regarding this issue as other residents were allowed to store items on their property; however, the ordinance stated there was to be no storage such as . . . CITY COUNCIL REGULAR MEETING MINUTES January 14, 2002 Page 5 of7 this on commercial sites. She stated she believed a compromise was in order, but could not support allowing the boats to remain in violation on site until "ice-out." Garfunkel moved, Turgeon seconded, granting an extension for compliance of a zoning violation for Mr. John Sulciner, representing Dimensions in Floors, 5660 County Road 19, until February 14, 2002. Motion passed 3/2, Zerby and Lizee dissenting. 8. ENGINEERING/PUBLIC WORKS A. Underground Utilities Ordinance Engineer Brown reviewed the conditions of the proposed ordinance regarding depth and location for utilities located within the road rights-of-way. He noted this proposed ordinance was needed due to the design underway for the County Road 19 Gateway Proj ect. He also noted any utilities, such as electrical, telephone, and cable television, located within the public right-of-way to be installed after the effective date of these proposed regulations would be required to relocate their facilities underground as part of this ordinance. In addition, existing overhead utilities within road rights-of-way would be required to be underground, with the exception of existing overhead utilities located on rear or side lot line easements which directly serve adjacent properties. A meeting was conducted on Friday, January 11, 2002, at the Hennepin County Public Works Facility to provide the utility companies an opportunity to share concerns about relocation of their utility lines as part of the County Road 19 intersection improvement project. Councilmember Lizee questioned Attorney Keane about the potential ramifications for the City regarding undergrounding of public utilities. He explained this proposed ordinance was an initial stand regarding what was expected of utility companies within the City of Shorewood. He noted this ordinance proposed all lines other than maj or feeder lines for electrical power would be required to be underground. Also, if a new line was installed, reconstructed, or relocated, it would also be required to be underground. Another issue was who would bear the responsibility of cost for undergrounding these utilities. Xcel Energy had taken the stance the cost of aesthetic enhancement would be borne by the communities, or local ratepayers, or state ratepayers. He noted it was important to establish an ordinance for expectations regarding this undergrounding issue within the City. He also reminded Council of the severe weather in past years when Xcel lost power in the area. He commented utility companies would frequently state overhead lines were more reliable and easier to maintain; however, he suspected there were additional complexities regarding maintenance and cost for union employees that were part of the concern as well. Mayor Love left the meeting, and Councilmember Garfunkel assumed the position of Acting Mayor at 7:50 P.M. Councilmember Zerby stated he was glad to see this proposed ordinance and believed it was a great step forward for the City. Zerby moved, Lizee seconded, Approving ORDINANCE NO. 377, "An Ordinance Relating to the Installation of Utilities and Use of Rights-of-Way." Motion passed 4/0. B. Accepting Proposal for Engineering Services - Lake Linden Drive Trail Engineer Brown reviewed background regarding the request for a trail on Lake Linden Drive and the subsequent feasibility report requested by Council in November, 2001. He noted the feasibility report totaled the cost of the proposed trail to be $4,750. CITY COUNCIL REGULAR MEETING MINUTES January 14, 2002 Page 6of7 . Mayor Love returned and resumed his mayoral duties in running the meeting at 8:03 P.M. Councilmember Lizee requested the western side of Lake Linden Drive be considered for the trail noting difficult topography on the eastern side, and property owners had indicated support for a trail on the western side of the roadway. Lizee moved, Zerby seconded, Accepting the Proposal for Engineering Services Regarding a Trail on Lake Linden Drive. Motion passed 5/0. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson reported a Cooperative Agreement was anticipated from the Minnehaha Creek Watershed District by the end of January, 2002. 2. County Road 19 Intersection . Engineer Brown reported numerous meetings had taken place in the recent past regarding this project. He stated plans were moving forward, and he anticipated the plans would be ready for formal submittal by the end of January, 2002. He noted right-of-way issues were critical, as any condemnation proceedings would potentially delay the project until at least August, 2002. He also stated most property owners were supportive and could see the need for the project as traffic safety concerns in that area had escalated over the past few years. 3. Liquor Committee Administrator Dawson explained work continued on the leases for the municipal liquor stores. Councilmember Garfunkel stated it was becoming imperative for a decision to made regarding continued operations with the City of Tonka Bay in the Smithtown Crossing Liquor Store. He noted it would be beneficial to continue working cooperatively with Tonka Bay; however, he noted the City may need to begin to consider contingency plans as it would not be economically sound to be out of business in that ~~ ' With the approval of Council, Mayor Love introduced Item lOBI, A Report Regarding the South Lake Minnetonka Police Department Facility. B. Mayor and Council 1. South Lake Minnetonka Police Department Facility . Administrator Dawson reviewed the history of the Joint Powers Agreement related to the funding of the new facility proposed for the South Lake Minnetonka Police Department (SLMPD). He also noted the Council had been presented with a Memorandum of Understanding for the purpose of memorializing the understanding shared by the Cities of Excelsior, Greenwood, Shorewood, and Tonka Bay regarding financing that facility. Attorney Keane stated the memorandum was an attempt to balance the tension between the cities involved in the amendment to the Joint Powers Agreement. . . . CITY COUNCIL REGULAR MEETING MINUTES January 14, 2002 Page 70f7 Mayor Love asked Council for an indication of support regarding the document presented this evening. He noted the intent of document was not binding, but rather to strike a spirit based on trust in moving the funding vehicle forward for this project. Councilmembers Turgeon and Garfunkel indicated support for the document, with Councilmember Turgeon noting concern for ambiguity in wording utilized in the memorandum. Councilmember Zerby stated he had concern for issues within the document, noting he found it offensive that these issues of concern regarding funding had not been remedied in the past. Additionally, he was concerned the City was being asked to provide 50-60% of the funding with only 25% influence for the project; however, he believed strongly that a public safety building was necessary and thought the City should move forward in the name of trust and partnership. Councilmember Lizee stated that she was saddened that, in attempting to work cooperatively with other cities to make a commitment to the community, various individuals had decided to bring up issues that should have been previously addressed and were now hindering the process of moving the project forward. 10. ADJOURN Lizee moved, Turgeon seconded, adjourning the Regular City Council Meeting of January 14, 2002, at 8:35 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor