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040802 CC Reg Min l . . . ... . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 8, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meting to order at 7:01 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Zerby, and Turgeon; Administrator Dawson; Engineer Brown; Finance Director Burton; Deputy Clerk Panchyshyn Late Arrival: Attorney Keane Absent: Planning Director Nielsen B. Review Agenda Engineer Brown requested to add item #9B, a discussion over the burying of utilities, under Engineering Reports. Administrator Dawson added item #4 under Agenda Item #lOA Administrator and Staff Report. Zerby moved, Garfunkel seconded approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes March 25, 2002 Garfunkel moved, Turgeon seconded, approving the City Council Work Session Minutes of March 25, 2002, as presented. Motion passed 4/0/1, with Lizee abstaining. B. City Council Regular Meeting Minutes March 25, 2002 Zerby moved, Garfunkel seconded, approving the City Council Regular Meeting Minutes of March 25, 2002, as presented. Motion passed 4/0/1, with Lizee abstaining. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 02-027, "A Resolution Approving the Proclamation of Friday, April 26, 2002, as Arbor Day." C. Adopting RESOLUTION 02-028, "A Resolution Denying a Request for a Setback Variance - Jeffrey Johnson, 5830 Club Lane." 'It . . . . CITY COUNCIL REGULAR MEETING MINUTES AprilS,2002 Page 2 of9 D. Approval of the AFSCMEICity Labor Agreement Motion passed 5/0. 4. MATTERS FROM THE FLOOR Tom Kelsey, of 5705 Smithtown Way, informed the Council that Minnewashta School students will be observing the 1st Annual Walk-in in honor of Earth Week to be held on April 23, 2002. Students, the public, and the Council are invited to meet at Manitou Park at 7 A.M., walk to Minnewashta School along the trails, or at 7:30 A.M at Freeman Park to make the short walk down Strawberry Lane to Minnewashta School. Mr. Kelly pointed out that they will have police escorts as they walk the last leg of their journey. 5. PUBLIC HEARING - CONSIDERATION OF ESTABLISHING CITY WARDS Mayor Love opened the Public Hearing at 7:10 P.M., noting the procedures utilized in a Public Hearing. Dawson gave a brief historical summation to make possible the establishment of a ward system for Shorewood. Administrator Dawson reported that at the February 11, 2002, City Council Work Session the Council reviewed and discussed options for implementing the ward system. Although each alternative results in full implementation of the ward systems with the 2004 Elections, two principles were identified in setting up a staggered system. First, Council expressed an interest in a system wherein there would be a west ward and an east ward in each election. Assuming the wards would be numbered one to four on the map, elections for Wards 1 and 3 would be held together, and elections for Wards 2 and 4 would be held two years later. Second, Dawson explained that incumbent councilmembers, by law, must be allowed to complete their terms. Therefore, the terms of Garfunkel and Turgeon would not be affected until the November 2004 election. Dawson presented the three options under consideration for the public hearing: 1. Phase-in ward elections in 2002 and 2004 - * Elect Wards 1 and 3 for four-yr terms in 2002 with Councilmembers Turgeon and Garfunkel continuing to serve on an at-large basis until their terms expire December 31, 2004. Elect Wards 2 and 4 for four-year terms in 2004. * 2. Begin by electing all four council positions by wards at the 2004 election * Elect Wards 1 and 3 to two-yr terms in 2004 * Elect Wards 2 and 4 to four-year terms in 2004 * Elect Wards 1 and 3 to four-year terms in 2006 3. No change from the current at-large system of election * Take no action that would affect the 2002 or 2004 elections * Defer action indefinitely Attorney Keane arrived at 7: 13 P.M. CITY COUNCIL REGULAR MEETING MINUTES April 8, 2002 Page 3 of9 . Jerry Brecke, 27450 Vine Ridge Road, stood up to endorse the ward system. He believed that accountability issues could be strengthened through a ward system and was in favor of proceeding via option 1. He stated that allowing 3 of the 5 Council members to remain intact and phasing in new members would provide needed continuity. Bob Gagne, 24850 Amlee Road, disagreed with the ward system. Although at first glance he was in favor of the concept, after careful consideration, he stated that the idea of an increased likelihood of appointing representatives to Council positions can'ied more negatives than positives. He felt the system should remain as is, option three. Peter Wattson, 5495 Timber Lane, stated that since 1971 he has been working with the Minnesota Legislature on redistricting plans and wanted to attend this evening's forum to observe comment from his own local community. He stated that in the proposed plan, he noticed that the overall range was about 15%, and believed that to be too high in comparison to the state average of 10%. He suggested adjusting the lines between wards 3 and 4 in order to equal out the ward balance and avoid any court challenges to the figure. He voiced his support and encouraged action as soon as possible, even in 2002. . Steven Dzurak, 19570 Vine Ridge Road, felt that going to a ward system would be bad for Shorewood. He stated that the point of the ward system is to make sure that Council members are drawn from all parts of Shorewood. While this is a desirable objective and would work well if people throughout the City were interested in City politics, that's not the case. He stated that few people on his end of town, the east section, were interested in City politics and he was concerned that the ward that represents eastern Shorewood will routinely have no real election. Either one candidate would run unopposed or the Council would have to appoint someone because no one ran for election, either case being bad for Shorewood. Mr. Dzurak was doubtful that going from an at-large to a ward system would produce good results for Shorewood and would cast his vote against the ward system. Mayor Love closed the Public Hearing at 7:23 P.M. and asked for Council feedback. Turgeon declared that initially, she liked the representation the ward system would provide; however, after talking to many residents, she has more reservations now than before. She indicated that these reservations have emerged after having heard many comments similar to those of both Mr. Gagne and Mr. Dzurak this evening. The concerns over getting someone to run or having to appoint someone were the areas she had the most difficulty with. Turgeon believed that if someone wants to run for election they will run no matter how many doors they have to knock on. She pointed out that the City has a hard time getting people to volunteer to serve on a Commission now; why would they be willing to get involved in wards. Turgeon stated that she was not convinced that the ward system was the right thing to do right now and that she needs to get more feedback from residents to convince her otherwise. Lizee stated that better representation is something that she campaigned for many years ago. She believed that a ward system would lend itself well to furthering representation throughout the City. She concurred with Mayor Love that more people would probably step up to the plate if there was a ward for them to represent. Lizee had reservations phasing it in this 2002 election, mid stream of a Visioning Program between Shorewood and Excelsior, and believed that allowing time to get more information out to people regarding ward systems would warrant Option 2 electing all four wards at that time. . Garfunkel, like Turgeon, had concern regarding the current lack of enthusiasm and wasn't convinced people would step up to run. He questioned whether the ward system might actually limit residents from running, in that any given year a person who might run might not have the opportunity to do so in their . . . . CITY COUNCIL REGULAR MEETING MINUTES April 8, 2002 Page 4 of9 ward. As it stands now, every two years every person has the opportunity to step up and be elected, but because of one's geographic location, that would not be true in a ward system. He added that, while it might be desirable to see more representation from the east side, he was concerned that a single person could continue to run uncontested over and over. Mayor Love stated that while he appreciated all of the diverse comments expressed this evening, he strongly supports the ward system. He pointed out that in a representative government, the fear of not finding candidates could exist for virtually any elected office. One daunting question remains, whether a person from the west side, who understands those concerns, can clearly understand the concerns or issues of those across the city on the east side. The Mayor reminded everyone that there is a check and balance that exists within government: if the system does not work the way it is supposed to, it can be returned to at-large representation. The Mayor concurred that he, too, has had difficulty in how to stagger the system in. He believed it might be easier to replace the entire Council with 2004 elections, allowing more time to identify the wards to the public and educate them through public meetings. With regard to the candidates, Mayor Love believed the ward system would bring a vibrancy to the elections and encourage the public to run. Zerby stated that he sees both sides of the issue. After listening to the various positions, Zerby agreed with many of the points made; however, he stated that when he first campaigned it was apparent that there was inequity that existed between the east and west sides of Shorewood. Zerby asked if the question could be put on a ballot for the City to decide whether it would prefer a ward system. Administrator Dawson stated that as a statutory city Shorewood does not have referendum. Garfunkel asked if a decision needed to be made this evening. Mayor Love asked the Council if it still favored the ward system. Zerby stated that he favored them more prior to the evening's discussion. Mayor Love reiterated that the Council has heard a great deal of discussion about the ward system over the past three years and that he strongly believed this was the way to attract more people and contests of ideas to the arena. Turgeon noted that after years of discussion, laying the groundwork for wards, not enough time has been devoted to gathering public comment on the issue. Turgeon stated that she could not make any decision without further opportunity to get public input and asked to prolong the process in order to gather additional public comment. Garfunkel agreed, reiterating his concerns and stating that further public input would be helpful. Realizing that more dialogue was necessary, the Mayor asked to narrow the scope of the discussion and continue the subject until the next meeting. Although the question of whether the Council supports the ward system could not yet be answered, the Council did endorse waiting until 2004 to implement a system. The Mayor complimented those present on their well-thought-out comments and stated that the Council's desire is to hear from as many residents as possible either through the website or at the continued public hearing on April 22, 2002. . CITY COUNCIL REGULAR MEETING MINUTES April 8, 2002 Page 5 of9 . 6. PARKS A. Report on Park Commission Meeting Held March 26, 2002 Chair Arnst reported that the Park Commission's last meeting was a Work Session to discuss the Park Management Plan for 2003 and the type of recommendations that could be made to the Council on that Plan. She stated that the Park Commission's regular meeting is scheduled the following evening, April 9, 2002, with Park Management as one of the Agenda items. Chair Arnst pointed out that very detailed minutes of the Work Session were included in the Council packet and offered to take questions. Turgeon complimented the Commission on its numerous and detailed discussions, the time and work it has committed to the issue, and the progress they are making. B. Update on Security Equipment at Eddy Station Brown reported that after asking vendors to revise their proposals for three different alternatives, only one vendor was able to turn around that number of proposals in time for this evening's meeting. As such, Brown felt it would be unfair to seek authorization at this time. Brown continued that after having reviewed the plan with South Lake Police Chief Brian Litsey, the City will be asking vendors to supply a sample of their equipment. Chief Litsey emphasized the importance of obtaining a clear facial image on security footage in order to be able to prosecute. Staff will be continuing to work with vendors and hope to have something to report in 3 to 4 weeks. C. Set date for Public Information Meeting for Freeman Park Parking Lot and Access Closure . With regard to the Freeman Park Parking Lot and Access Closure, Brown was pleased to inform the Council that he believed the City had finally come to an agreement with the MCWD. Brown stated that he hoped to receive approval from the Watershed District this week, allowing the City time to submit plans prior to the sunset date on $50,000 from the State. Brown pointed out that in order to meet the deadline, many things will need to be happening concurrently, and asked the Council for its permission to move forward. With no objection, the Public Information Meeting will be held April 29, 2002, from 5:30 - 7:00 P.M. at City Hall. 7. PLANNING Turgeon reported that a twin-home development being considered on Chaska Road has spurred many neighbors to voice their concern over the ingress and egress that exists on the service road to Chaska Road. As a part of the approval of the preliminary plat, the Commission asked that not only the final plat be brought back to the Planning Commission, but also directed staff to work with the neighborhood to study the ingress and egress from this site. The Planning Commission will likely be asking for Council's support. Brown added that the access to the north is somewhat troublesome and staff will be working with the developer to improve that situation. . Turgeon continued that another issue under consideration by the Commission is the addition of AT&T antennae to the top of the water tower, along with a new lease agreement. Turgeon added that she believed the next CUB Proposal meeting would be taking place on Thursday, May 23, 2002, at the Southshore Community Center. . . . . CITY COUNCIL REGULAR MEETING MINUTES April 8, 2002 Page 6 of9 8. GENERAL A. Rail to Trail Conversion Along North Shore of Lake Minnetonka Administrator Dawson shared additional information as a follow-up to the March 25, 2002, City Council meeting. At that meeting, the Council requested more information regarding the conversion of the Dakota Rail Line to a regional recreation trail before they would consider a resolution of support. Dawson pointed out that other cities around Lake Minnetonka have adopted resolutions supporting the conversion. Garfunkel stated that it looks as though a process is already underway to determine the ultimate use or right of way of this trail. However, he added that he did not necessarily see the pertinence to having Shorewood's support. Turgeon voiced her hesitation in support of a regional trail not knowing how the residents on the trail or the community have received it. As it does not effect Shorewood residents, Turgeon questioned if a process is in place in those communities to determine the interest. As a trail resident herself, she stated that she could not support a trail elsewhere not knowing what the neighbors want. She believed there wasn't enough information to support or not support the trail conversion. Lizee stated that while she supports the concept of regional trails, she suggests the communities hold their own neighborhood meetings. Mayor Love was of the opinion that regional trails offer a single and unique chance to look at the broader opportunity to link neighbors, offer safe transportation, and bring our communities together. Zerby voiced his support of regional trails. While he recognized that this trail was not in Shorewood's control, he could give support to the greater community by endorsing this conversion. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 02-029, "A Resolution Supporting the Preservation and Use of the Dakota Rail Right-of-Way as a Continuous Transportation Corridor and Supporting its Conversion to a Regional Recreation Trail." Motion passed 3/2, with Turgeon and Garfunkel dissenting. B. Recommendation of Appointments by Hennepin County Board of Commissioners to the Riley Purgatory Bluff Creek Watershed District Board of Managers (RPBCW) Dawson referred to the Special Meeting Presentation earlier this evening by Commissioners Forster and Scribner of the RPBCW. Zerby stated that the representatives seemed very knowledgeable in their roles on the Board of Managers and he was very pleased with the presentation they made this evening. Mayor Love agreed, thanking staff for inviting the representatives to meet with Council and suggested an annual assembly be scheduled between the City and each watershed district. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO.'s 02-030 and 02-031, "Resolutions Supporting the Appointment of Susan Scribner and J. Perry Forster to the Riley-Purgatory Creek Watershed District Board of Managers." Motion passed 5/0. . CITY COUNCIL REGULAR MEETING MINUTES April 8, 2002 Page 7 of9 . 9. ENGINEERINGIPUBLIC WORKS A. Authorization for Expenditure of Funds for Professional Landscape Design Services for the County Road 19 Brown was pleased to report that final comment from Hennepin County should be received this week and the plans actually put onto municipal state aid. In going through the final design of the project, Brown pointed out that one area that has fallen behind has been the landscape design for the corridor. With regard to the landscape, staff has sought a proposal from Brauer and Associates, Inc. who provided a Task 1 cost for concept designs and estimates, and Task 2 cost estimate for final design documentation. Since clarification is being sought to determine if the development of landscape design plan is a reimbursable item by MSA, staff is recommending that Task 1 items totaling $3,900 be approved at this time. Once clarification is obtained regarding reimbursement of the total landscape design, Brown stated that the final proposal will be brought back to the City Council for review and action. Zerby suggested staff take cues from the recently completed Excelsior bridgework and Deephaven bridge and landscaping, and work to maintain a continuity between Shorewood and its neighboring communities. Zerby moved, Lizee seconded, Authorizing the Expenditure of Funds for Professional Landscape Design Services for County Road 19 in the amount of $3,900 for the completion of Task 1 by Brauer and Associates, Inc. Motion passed 5/0. . B. Discussion over the Burying of Utility Lines for the County Road 19 Intersection Brown stated that concurrent with construction and landscaping, lies the issue of burying or undergrounding of utilities. He pointed out that the City Council recently took action to pass an ordinance requiring major utility companies to underground their facilities when a project like this triggers such an action. The utility companies have, however, in looking after their own best interests, contended that they are allowed to take any costs and pass them along to the cities or the ratepayers within the corporate boundary of Shore wood. As part of the streetscape and construction project, the City is of the opinion that this is one of the prime projects to take a look at undergrounding the utility lines along this corridor. Although the undergrounding will involve the City of Tonka Bay, at the southwesterly end of the shopping center, they would like to forge ahead and request the utility lines be buried, anticipating the costs might be passed along to the consumer. Brown stated that the original estimate by Xcel for the undergrounding along the entire corridor was $84,000. Mediacom estimated its cost to be an additional $25,000. Unsure whether the City of Tonka Bay would be willing to have their portion of the utilities undergrounded, Brown has requested that a separate cost estimate be worked up. Staff has encouraged Tonka Bay staff to consider bringing this item to its Council to discuss the burying of utilities along their corridor. While he was unsure of Tonka Bay's position, Brown urged the Shorewood Council to forge ahead with the undergrounding of facilities to enhance the Gateway Concept. . With regard to this issue, Brown stated that Hennepin County does have a roadside enhancement fund or safety fund available to help offset some of the costs. Staff has drafted and will be sending a letter to Hennepin County requesting these funds. He promised to keep the Council apprised of the situation. . . . " , . CITY COUNCIL REGULAR MEETING MINUTES \ April 8, 2002 Page 8 of9 Turgeon encouraged Council to support Engineer Brown's position and forge ahead based on its recent Ordinance to underground utilities. Mayor Love agreed, stating that Brown could take this as the position of Council. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated that he and Planning Director Nielsen met recently with the Minnehaha Creek Watershed District staff to discuss general public information and education that they would like to see happen in the future regarding the project. Brown added that the Glen Road/Amlee Road drainage issues are awaiting the finished design of Gideon Glen before moving forward because the two are interrelated. 2. County Road 19 Intersection Brown reported that notices have gone out to property owners by Hennepin County asking them for a right of entry. As far as Brown could judge, he believed that most owners were in favor of the design except for possibly one or two individuals. 3. T.H.7 With regard to the County Road 41 and 7 intersection, Brown reported that the City of Chanhassen approved the provision to make the intersection an accident reduction zone area. Mayor Love inquired over a potential stop light at Church Rd. Brown stated that MnDOT is well aware that both City's favor this addition. Zerby questioned the possibility of adding a light at Rolling Acres Rd. Brown said that he had not seen any plans for the installation of one but would follow-up. Mayor Love asked if other Council members had heard the same response from citizens as he had regarding the action that was taken. The majority commented that they had heard the same reaction. 4. Land Use Planning Workshop Administrator Dawson informed the Council of the upcoming Land Use Planning Workshop on Saturday, April 27, 2002, from 9 A.M. to 3 P.M, at the Southshore Senior Center. Dawson stated that John Shardlow, of Dahlgren, Shardlow, and Uban consulting firm, will lead the workshop and invited the Council to attend. Dawson also noted that there will be a Visioning Process Work Session slated for Thursday, May 2, 2002. B. Mayor & City Council 1. Fertilizer Legislation Mayor Love took a moment to recognize the hard work of Administrator Dawson, who, working with a . . . , .' '" , · CITY COUNCIL REGULAR MEETING MINUTES April 8, 2002 Page 9 of9 number of cities and the League of Cities to generate the grounds well of support, contributed to Representative Steve Smith from Mound affIrming the legislation. He complimented Attorney Keane and his firm for putting together an effort that best communicated the City's position to the legislature, and to its other constituents as well. In the end, the legislation had support from 50 units of government, the Association of Minnesota Counties, the Minnesota Association of Watershed Districts, the League of Minnesota Cities, and others. The Mayor pointed out that the day after going through conference committee, the legislation passed the Senate with only one dissenting vote. The House was set to vote on the issue late this afternoon. Attorney Keane reported that the House did vote today and passed 67 to 1. Attorney Keane stated that this was common sense legislation. Prom a state and national perspective, he maintained that the Council and City of Shorewood has much to be proud of. Keane noted that "this is the mouse that roared", the City of Shorewood teamed up with other cities, aired the arguments and good law was made at the local level. He applauded the City and State for being the first in the nation to adopt this legislation. 2. Public Safety Facilities Mayor Love advised Councilmembers that a Joint Work Session of the Councils is scheduled for Wednesday, April 10, 2002, to discuss the public safety facility. The Mayor also reported that he was present at a recent Minnetrista Council Meeting when a question from an Enchanted Island resident arose on the subject of assessments. The Mayor replied that, while the deterioration of the bridge has hastened over the past 40 years and it is not eligible for MSA dollars, Minnetrista is eligible for grant money. An estimated $500,000 from MnDOT is available in grant funds. Turgeon informed the Council of an upcoming meeting between the Planning Commission and garbage haulers scheduled for April 23, 2002. Attorney Keane complimented the City on its election ward discussions. He believed it to be a great example of the democratic process in action no matter what the outcome. 11. ADJOURN Zerby moved, Lizee seconded, adjourning the City Council Regular Meeting of April 8, 2002, at 8:43 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Kristi Anderson Recording Secretary Woody Love, Mayor