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042202 CC Reg Min . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 22, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Council members Garfunkel, Lizee, and Turgeon; Administrator Dawson; Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: Councilmember Zerby B. Review Agenda Mayor Love reviewed the Agenda. Engineer Brown added Item lOA, A Motion Authorizing Expenditure of Funds for a Video Security System for Eddy Station at Freeman Park. Administrator Dawson requested Item 3F, A Resolution Approving License to Retailer to Sell Tobacco Products. . Lizee moved, Garfunkel seconded, approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes of April 8, 2002 Turgeon moved, Garfunkel seconded, Approving the City Council Special Meeting Minutes of April 8, 2002, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes of April 8 2002 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of April 8, 2002, as amended, on Page 3, Paragraph 4, Sentence 1, change "19570 Pine Ridge Road," to "19570 Vine Ridge Road." Motion passed 4/0. 3. CONSENT AGENDA Mayor Love reviewed the Consent Agenda. Councilmember Turgeon requested Item 3C be removed from the Consent Agenda for further discussion and consideration, and moved to Item lOB in this evening's Agenda. Turgeon moved, Garfunkel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: . CITY COUNCIL REGULAR MEETING MINUTES APRIL 22, 2002 Page 2 of9 . A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 02-032. "A Resolution Setting License, Permit, Service Charges, and Miscellaneous Fees." C. Awarding Contract for Spring Clean-Up Services (This item was removed from the Consent Agenda and moved to Item lOB for further consideration and discussion.) D. Approval of a One-Time Payout for Accrued Vacation Leave for City Staff E. Approval of Contract with Helping Minnesota Cities, Inc. for Performance Management Services F. Adopting RESOLUTION NO. 02-033. "A Resolution Approving License to Retailer to Sell Tobacco Products." Motion passed 4/0. 4. MATTERS FROM THE FLOOR . Paula Berndt, 25855 Smithtown Road, addressed the Council regarding Smithtown Road improvements and proposed walkways in that area. She thanked Council for the opportunity to be heard this evening regarding this matter. She believed off-street walkways were important and beneficial to the community. In addition, she believed timing was correct to incorporate offstreet walkways into the plan for the Smithtown Road reclamation project. She further stated that busing to the school for children in the area would be cut back in the next year, making a walkway even more important in terms of providing safety for the residents of the area. She had attended the Open House on this project, and as part of the process, had secured approximately 200 names in support of a walkway for the area. She also offered her service with this issue. Mayor Love thanked her for her comments and explained Council and City Staff had discussed the safety issues in the area, as well as the letters and comments received on the issue. He thanked her for having interest in the project. Councilmember Lizee noted there would be a meeting at the Minnewashta School on Thursday, April 25, 2002, from 5:00-6:00 P.M. to answer questions from residents on the Srnithtown Road project. 5. CONTINUATION OF PUBLIC HEARING FOR THE CONSIDERATION OF ESTABLISIDNG CITY ELECTION WARDS A. Consideration of Establishing Ward Boundaries . Administrator Dawson explained a continuation of a Public Hearing for the consideration of establishing City election wards would be taking place this evening. He further explained Council had, at the April 8, 2002, Public Hearing on this matter, indicated that if it were to establish wards, it preferred elections remain at-large with 2-year terms for the 2002 elections. In 2004, ward elections would be held for all four wards with terms staggered to include Wards 1 and 3 holding two-year ward terms, and Wards 2 and 4 holding four-year terms. In addition, Council did not indicate any changes to the Ward boundary map as presented at the April 8, 2002, meeting. Administrator Dawson also explained there would be five precincts, one in each of the four wards, and an additional precinct for elections on the Islands. He noted the Council has until April 30, 2002, per State Statute to determine the format for elections in this year. CITY COUNCIL REGULAR MEETING MINUTES APRIL 22, 2002 Page 3 of9 . Mayor Love opened the Public Testimony portion of the Public Hearing at 7: 15 P.M. Tom Kelsey, 5705 Smithtown Way, expressed concerns for the future of the Council in its consideration of a ward system of representation. He believed a ward system would heighten any divisions between areas of the City. In addition, he anticipated a low candidate turnout. Further, he believed it allowed potential for a candidate with a personal agenda to gather a small electoral base and restrict the positive movement forward the City had been working so hard to achieve. Also, he stated the ward system had the potential to restrict the good service being provided to residents with its current representation, simply due to map lines. He also explained he believed this decision was too large to be made by the five people to be impacted by it. He suggested the electorate be questioned regarding this matter. In conclusion, he explained, Shorewood had a great government currently that was faithfully serving its residents in all areas of the City. He believed there were few benefits that would outweigh the negative aspects of ward system of representation. There being no further public testimony, Mayor Love closed the Public Testimony portion of the Public Hearing at 7:19 P.M. Administrator Dawson explained Shorewood was a statutory city, and as such, could not legally put the matter to a referendum. Mayor Love stated he believed the discussion regarding this item would be more beneficial to all if full Council could be present, and suggested meeting on Tuesday, April 30, 2002, to continue discussion on this matter. . Councilmember Lizee agreed. She also questioned whether a two-ward format had been considered. Mayor Love ,'Stated this had been suggested and Staff had prepared information regarding two wards with two Councilmembers elected from two wards, and two Councilmembers and the Mayor elected at-large. Councilmember Garfunkel also agreed a discussion with all Councilmembers present would be useful. He commented, with regard to the two-ward system, the issue still remained whether to implement a ward system of representation. Councilmember Turgeon stated she too would like all Councilmembers present for this discussion. She noted in the three years this issue had been discussed, there were no facts and no compelling evidence to support the need for ward representation. In addition, she cited of the 855 cities within the state, less than approximately 100 have wards. She believed the risks involved with the use of wards were too high. She noted the size of Shorewood, and explained ward representation opened the door for aldermanic courtesies, and she did not believe the City needed that level of politics. Further, she felt that ward representation would allow for "tunnel vision." She also stated she would be interested in viewing any data showing a ward system provided a better way of representing residents. . Mayor Love stated the City of Minnetonka, Minnesota, had a ward system of representation. He also believed the way to invite residents to become part of the government process was through involvement. He stated he believed one way to invite them in was through neighborhoods. With one elected official per area of the City, he believed the community would come to be viewed as a whole. He stated the real issue was how best to bring about involvement, and he believed the City would be better served by representational areas. CITY COUNCIL REGULAR MEETING MINUTES APRIL 22, 2002 Page 4 of 9 . Councilmember Turgeon stated she thought it important to consider the Commissions following the same representational format. She was concerned for the lack of interest in the seats for these Commissions currently, and stated she would not wish to see interested parties turned away from these seats due to geographic boundaries. She would prefer to keep all electoral positions, as well as the Commissions, on an at-large basis of representation. Councilmember Garfunkel stated much of the focus until this point in the process included whether and how the ward system of representation could potentially be established. He believed it was only at this point in the process that the merits were being considered. He stated various arguments he had heard resonated with his beliefs in that he was concerned for the reasons for the change in representation. In addition, he was concerned for the lack of participation in the City's governmental seats. Further, he stated he was not sure the potential need to recruit candidates with a ward system would be good for the community, as it would be possible to get a homogeneous Council. While the two-ward system might deflect some of his concerns expressed at the April 8, 2002, Public Hearing, he remained skeptical it would solve the issues of limitations on individuals wishing to be involved in the governmental process. Further, he stated he thought it valuable to have to campaign and represent the City at-large as it provided opportunity to hear all concerns across the City. He remained skeptical of the need for the change in representation. . Councilmember Lizee believed wards would encourage participation rather than limit it. In addition, she disagreed that it would make for single-issue politics. She stated geographic diversity for involvement in current Commissions, while encouraged by Council and Commissions, were resulted in service by people interested in issues who wanted to learn about the local government process. She thought the Council had done a good job of considering the ward system of representation, and she would like to see the discussion continue when all members of Council could be present. Lizee moved, Garfunkel seconded, continuing the Discussion Regarding Consideration of Establishing City Election Wards, to Tuesday, April 30, 2002, at 7:00 P.M. at City Hall. Councilmember Garfunkel stated he had additional questions regarding the precincts proposed, noting the idea seemed to make sense no matter what transpired with the ward system issue. Councilmember Turgeon stated she had heard in the comments from residents, that the population deviation percentages used in ward boundary maps were too high and she requested clarification in this matter. Mayor Love asked Staff to report on these matters at the meeting on April 30, 2002. Motion passed 4/0. B. Consideration of Establishing Precinct Boundaries This item was continued to the April 30, 2002, Regular City Council Meeting as part of the continued discussion regarding consideration of establishing City election wards. 6. PRESENT A TIONS AND REPORTS A. Report on Lake Minnetonka Conservation District (LMCD) Projects . Mr. Tom Skramstad, LMCD representative, provided a report on the projects currently being undertaken by the LMCD. He provided detailed information to Council regarding issues pertaining to zebra mussels, a motorized watercraft amendment, water patrol deputies, Boulder Bridge Farm development, solar lights CITY COUNCIL REGULAR MEETING MINUTES APRIL 22, 2002 Page 5 of9 . on buoys, lakescaping, buoy system changes, annual charter boat meetings, surveys being conducted by the LMCD, the 2003 LMCD Budget, and its annual financial audit. In addition, he noted the LMCD website could be accessed at http://www.lmcd.org. Mayor Love thanked Mr. Skramstad for his repOlt. 7. PARKS - Report by Representative A. Report on Park Commission Meeting Held April 9, 2002 Park Commission Chair Arnst reported on matters considered and actions taken at the April 9,2002, Park Commission Meeting (as detailed in the minutes of that meeting). 8. PLANNING There was not a Planning Commissioner present to provide a report on the most recent Planning Commission Meeting. A. Approval of Conditional Use Permit for Telecommunications Facilities at the Southeast Water Tower Site. Applicant: AT&T Wireless Location: S.E. Area Water Tower . Director Nielsen noted this matter and Item 9B on tonight's Agenda were related. Director Nielsen also explained an application had been made on behalf of AT&T Wireless to add three telecommunications antennae to the southeast water tower site located at 5500 Old Market Road. He noted a great deal had changed since the original lease and Conditional Use Permit for the applicant, as well as increased pressure to provide space for a rapidly growing telecommunications industry. In response the City had adopted a number of local regulations consistent with Federal requirements. He explained the applicant wanted to consolidate antennae and locate them on the top of the water tower. With this move in antennae, a space would be allowed on the tower stem and an opportunity existed for a revised lease agreement. Director Nielsen also reviewed compliance with regulations related to land use and code requirements. In addition, he stated approval of the Conditional Use Permit should be subject to the following requirements: 1. Relocation of the two lower antenna panels to the top of the tower. 2. Approval of the City Engineer with respect to structural and operational issues. 3. Approval of the City's Telecommunications Consultant. 4. The applicant must enter into an updated lease agreement with the City, including provisions for annual monitoring and current lease rates. 5. Prior to any construction, the City Engineer would require an additional letter of credit or cash escrow relative to the work being done on public property and to the tower itself. He noted a representative of AT&T Wireless, Andrew Flowers, was present and would stand for questions related to this matter. . CITY COUNCIL REGULAR MEETING MINUTES APRIL 22, 2002 Page 6 of 9 . Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 02-034, "A Resolution Granting a Conditional Use Permit to AT&T Wireless Services, for the Southeast Water Tower Site." Motion passed 4/0. B. Approval of a Minor SubdivisionILot Combination Applicant: Richard Bowman Location: 20025 Manor Road Director Nielsen explained Mr. Richard Bowman's home was situated on approximately eight acres of land at 20025 Manor Road. Mr. Bowman proposed conveying the northern 40 feet of his property to the owner to the north, Kawell Architectural Firm. While this normally would be a simple procedure, this matter was complicated by the fact that the property to the north was located in Deephaven. He then reviewed the issues to be addressed in this request, most notably, the 40-foot parcel would need to be protected by a protective covenant so that neither piece of land could be conveyed without the other in the future. In addition, he noted the City of Deephaven must approve the division/combination, and no buildings would be allowed to extend across the municipal boundary. Further, the City of Deephaven would be responsible for handling any building permits for the property. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 02-035, "A Resolution Approving Subdivision and Combination of Real Property for Richard Bowman, 20025 Manor Road." Motion passed 4/0. C. Approval of Preliminary Plat - Oak View Estates Applicant: 3Z Holdings, LLC Location: 6090 Chaska Road . Director Nielsen stated the applicant had submitted revised plans for a preliminary plat for the property at 6090 Chaska Road. He then reviewed issues related to lot sizes and setbacks, tree preservation and reforestation, as well as street location and design. The most significant area of concern related to the plans had been the cul-de-sac, which would remain on the east side of the property, but would access Chaska Road nearer the west side of the property as recommended by the City Engineer. He noted this would provide a new intersection with better sight lines than what currently existed. He stated the old intersection would be removed, and the driveway for the property to the east of the subject site would use the new intersection to the west. Further, he noted the street right-of-way width and cul-de-sac diameter would be reduced, providing more lot area for the units and more flexibility in the location of the buildings on the site. In addition, these measures would enhance tree preservation on Lots 1 and 2. He stated the Planning Commission had approved this preliminary plat but requested final plat review. He also noted the presence of Mr. Arnie Zachman, developer for the property. Mr. Zachman indicated he would be available for any questions Council had of him. Garfunkel moved, Turgeon seconded, Approving a Preliminary Plat of Oak View Estates, subject to Staff recommendations, for 3Z Holdings, LLC, 6090 Chaska Road. Motion passed 4/0. D. Approval of a Minor Subdivision Applicant: James Marso Location: 6060 Strawberry Lane . . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 22, 2002 Page 7 of 9 Director Nielsen stated Mr. James Marso had purchased the property at 6060 Strawberry Lane and eight feet of vacant land to the south of it for the purpose of dividing the propeliy into two single-family lots. He also explained Mr. Marso was purchasing the eight feet of property to the south in order to create a lO-foot setback for the existing home while maintaining adequate width on the new southerly lot. In addition, Director Nielsen noted the right-of-way for Strawberry Lane was substandard in width. As such, approval of this division would need to include the dedication of additional right-of-way as well as other recommendations related to legal description and title commitment for the property. He noted the presence of Mr. Marso, who indicated he would answer any questions Council may have had of him. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 02-036, "A Resolution Approving a Minor Subdivision/Combination, subject to Staff recommendations, for James Marso, 6060 Strawberry Lane. Motion passed 4/0. 9. GENERAL A. Approval of the 2002-2022 Capital Equipment Program of the Excelsior Fire Department Administrator Dawson explained the Joint Powers Agreement for the Excelsior Fire District (EFD) required that amendments to the EFD's Capital Improvement Program be accomplished no later than April of any year. The EFD Board had recommended approval of the revised Capital Equipment Program, as it was consistent with the program currently in effect. He noted detailed changes were noted in a memorandum from Fire Chief Mark DuCharme to the City of Shorewood, dated April 17, 2002. A copy of this memorandum could be found at City Hall for further review. Lizee moved, Garfunkel seconded, Approving the 2002-2022 Capital Equipment Plan of the Excelsior Fire Department. Motion passed 4/0. B. AT &T Lease Agreement Administrator Dawson explained that as a result of approval of a Conditional Use Permit for use on the Southeast Water Tower site for wireless communications by AT&T Wireless Services, a new lease agreement between AT&T and the City would be required. He stated the terms of the lease had been negotiated, and remained essentially the same as prior leasing agreements in terms of conditions required. Council requested clarification on various terms of the lease agreement, and expressed an interest in having financial surety regarding removal of equipment from the site if necessary. In addition, Engineer Brown clarified terms of the lease regarding interruption of service for the purpose of Water Tower maintenance. Mayor Love thanked all parties involved in this process for comments expressed. Turgeon moved, Garfunkel seconded, Approving the Water Tower Space Lease Agreement by and Between the City of Shorewood and AT&T Wireless Services of Minnesota. MotioIl passed 4/0. 10. ENGINEERINGIPUBLIC WORKS A. A Motion Authorizing Expenditure of Funds for a Video Security System for Eddy Station at Freeman Park . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 22, 2002 Page 8 of 9 Engineer Brown explained that on March 25, 2002, Council had directed Staff to obtain proposals for a video security system for the Eddy Station park shelter at Freeman Park. He explained Staff had met with a number of consultants and he then provided a summary of proposals received. He further explained consultations had been held with the South Lake Minnetonka Police Department regarding the best approach and operation of a video security system in that area. He reviewed elements of the proposed systems and indicated a recommendation which would allow for future expansion of the system should it be required. Lizee moved, Turgeon seconded, Approving an Expenditure of $6,272 for Security Cameras at Eddy Station from the General Fund. Motion passed 4/0. B. Awarding Contract for Spring Clean-Up Services Councilmember Turgeon stated she requested this item be removed from the Consent Agenda as she had questions regarding Spring Clean-Up services for Island residents. Options were discussed for removal of Spring Clean-Up items for Island residents, including the ability to "opt out" of the service or have a City truck pick up the items for removal. Mayor Love commented he was reluctant for people on the Island to have any different service than other City residents. Engineer Brown noted arrangements would be made to successfully address the situation. Garfunkel moved, Lizee seconded, Awarding a Contract for Spring Clean-Up Services. Motion passed 4/0. 11. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated an agreement regarding the project was still being reviewed by the Minnehaha Creek Watershed District Staff. 2. County Road 19 Intersection Engineer Brown reported discussions were continuing with representatives of Hennepin County regarding the project. Plans had been submitted for Minnesota State Aid review as well. B. Mayor & City Council Mayor Love noted a Visioning meeting with the City of Excelsior was scheduled for Thursday, May 2, 2002, at the Southshore Community Senior Center at 7:00 P.M~ He also noted the passage of legislation regarding the use of phosphorus free fertilizer. He thanked City Staff, the law firm of Larkin, Hoffman, Daly and Lindgren, the League of Minnesota Cities, and countless other individuals who had worked tirelessly to bring this legislation forward. He noted the coalition of many groups as a result of the process of passing the legislation, and stated he looked forward to the future of this action.He greatly appreciated the support of the Council as well as City residents. . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 22, 2002 Page 9 of 9 12. ADJOURN Lizee moved, Garfunkel seconded, adjourning the Regular City Council Meeting of April 22, 2002, at 9:12 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ATTEST: Woody Love, Mayor