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012703 CC Reg Min ,( ., ~ . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 27, 2003 .5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love calied the meeting to order at 7: 12 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attomey Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda for the evening. Administrator Dawson requested Item 7G, Request for Partial Right-of-way Vacation for Enchanted Point, be added to this evening's Agenda. Mayor Love requested Item lC, Report from Excelsior Fire District (EFD) Chief Mark DuCharme on County Road 19 Intersection, be added to the Agenda as well. Lizee moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 5/0. B. Report from EFD Chief DuCharme on County Road 19 Intersection EFD Chief DuCharme stated Assistant EFD Chief George and he had discussed the important safety concems regarding the County Road 19 intersection. He noted the intersection had been recognized as being problematic, and the use of a signalized light traffic control system was strongly encouraged, due to the increased demand on the intersection by public safety Staff, firefighters, emergency medical technicians, and residents all trying to utilize the intersection. He hoped that resolution between two cities could be made for the safety of all, and he wanted to express concem for this major intersection as the Public Safety Facility moved forward, without improvement to the intersection. In response to Councilmember Garfunkel' s personal observation of problems with trying to negotiate the intersection earlier in the day while emergency personnel was traveling through the intersection, Chief DuCharme also commented it would not be unusual for firefighters to respond from their homes to fire calls via this intersection. Councilmembers Zerby and Lizee expressed concem and frustration for the delay in moving the intersection project forward. Councilmember Lizee stated it was vital to the citizens of the area the project be supported by all municipalities and agencies involved in the project, and all parties make a change for the project to proceed. Councilmember Turgeon stated she thought mediation between all involved parties was imperative for resolution of this matter as she was very concemedfor the safety of all people traveling through the intersection currently, and even more so, once the Public Safety Facility was functioning. Councilmember Zerby stated this project had been in progress throughout the past five years, and part of the reason for the choice by numerous goveming boards for the public safety site was the corrected " . . . REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 2 of7 intersection. He stated all communities would be served with increased safety for residents, and not only those living within the Shorewood City limits. He noted traffic flowed through the intersection from numerous lake communities, and he anticipated this would only become more complicated after the emergency response vehicles were utilizing the intersection on a regular basis. Councilmembers Lizee and Turgeon expressed frustration with the amount of time it was taking to bring resolution to this situation. Councilmember Lizee questioned Attorney Keane about available options for remedy. Attorney Keane stated this situation was unique and thought ingenuity in crafting an approach and process would be beneficial for a meeting of all parties involved. Mayor Love stated representatives of Hennepin County requested two weeks' time to assemble all partners and responsibilities involved in the situation. Councilmember Turgeon stated she was concerned for loss of State Aids funds through budget cuts should the project be delayed any longer. Councilmember Zerby stated he would like an alternate plan involving some action to be taken by the City also planned in the next two weeks, should progress by the County not take place. Council agreed with these plans. Mayor Love read an emailletter, dated 1-27-03, from South Lake Minnetonka Police Department Chief Bryan Litsey into the record regarding this matter. Chief Litsey stated the traffic engineering for the new West Side Public Safety Facility was predicated on the proposed redesign of the County Road 19 intersection at Smithtown Crossing, and leaving the intersection in its current state was not acceptable. He offered to be part of any discussions on resolution of the matter. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 13, 2003 Garfunkel moved, Turgeon seconded, Approving tile City Council Special Meeting Minutes of January 13, 2003, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 13,2003 Turgeon moved, Zerby seconded, Approving tile City Council Regular Meeting Minutes of January 13, 2003, as presented. Motion passed 5/0. C. City Council Work Session Minutes, January 13, 2003 Lizee moved, Garfunkel seconded, Approving tile City Council Work Session Meeting Minutes of January 13, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, Approving the Motions Contained on tile Consent Agenda and Adopting tile Resolutions Tllerein: A. Approval of tile Verified Claims List . . . . . . REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 3 of7 B. Adopting RESOLUTION NO. 03-005. "A Resolution Approving Tree Trimmers License for 2003." C. Adopting RESOLUTION NO. 03-006, "A Resolution Supporting CDBG Funding for Senior Community Services." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PARKS A. Report on Park Commission Meeting Held January 14, 2003 Chair Amst reported on matters considered and actions taken at the Park Commission Meeting on January 14,2003 (as detailed in the minutes of that meeting). 6. PLANNING Commissioner Gagne reported there had not been a meeting of the Planning Commission on January 21, 2003, as originally planned, thus, there was nothing new to report. A. Zoning Text Amendment and C.D.P. Applicant: St. John the Baptist Church rep. Cemetery of the Resurrection Location: 5555 Covington Road Director Nielsen stated there were two items for consideration this evening. The fIrst item was the draft Zoning Text Amendment presented to Council this evening, in which Item 8 was added for cemeteries regarding flush-mount headstones to be located no closer than 15 feet from a public right-of-way. The second item for consideration was the Conditional Use Permit which included a Findings of Fact that granted approval including a provision stipulated no gravesites were to be located within 43 feet of the side lot of the subject property that is also the rear or side lot line of the homes on Old Market Road. Councilmember Zerby stated he was pleased with the way the process in this case had allowed for resolution of issues between concemed neighbors and the applicant. Lizee moved, Turgeon seconded, Adopting ORDINANCE NO. 392. "An Ordinance Amending Section 1201.03 of the Shorewood Zoning Code-Yard Requirements." Motion passed 5/0. Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 03-007, "A Resolution Granting a Conditional Use Permit for the Expansion of St. John the Baptist Church's Cemetery of the Resurrection." Motion passed 5/0. 7. GENERAL A. Dog Ordinance Discussion Administrator Dawson explained the City had received an email for a concerned resident inquiring about the City's dog ordinance, specifIcally relating to the Southwest LRT Trail. The resident asked the City to . . . . . REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 4 of7 consider requesting dogs to be on a leash on that portion of the LRT Trail. Administrator Dawson noted the Southwest LRT Trail was under the jurisdiction of the Three Rivers Park District during the period of April 1 through November 14. During that time period, an ordinance stated pets were required to be on a 6-foot leash. The City had a permit to use the Southwest LRT Trail from November 15 to March 31 for specific activities, including pet walking. The City's ordinance included restraint by a leash or chain within 10 feet of the person having custody and was obedient to the command of that person. Councilmember Turgeon stated she would like to see consistency between the ordinances and suggested the 6-foot leash law be enacted year-round on the trail, and for the City as a whole. Mayor Love stated he was comfortable with the change to a 6-foot leash on the trail, and he hoped the Three Rivers Park District would be willing to fund signage issues noting the change to bring conformance on the trail. Council agreed, and directed Staff to prepare an ordinance to amend the City's dog regulations on the Southwest LRT Trail only. B. Making Planning Commission Appointments On January 13 and January 27,2003, the Council held interviews for openings on the Planning and Park Commissions. Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 02-008, "A Resolution Appointing Deborah Borkon and Jim Pisula to serve on the Planning Commission through January 31,2006. Motion passed 5/0. C. Making Park Commission Appointments Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 02-009, "A Resolution Appointing Patricia Arnst and Howard Young to serve on the Park Commission through January 31, 2006. Councilmember Zerby stated he was pleased with all applicants, and he hoped the applicants would remain involved in any volunteer opp0l1unities possible with the City. Motion passed 5/0. D. Appointment to the Parks Foundation Zerby moved, Garfunkel seconded, Appointing Jon Guy to serve as a Parks Foundation Director through February 28, 2006. E. Making LMCC, LMCD and MCES Board Representative Appointments Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 02-010, "A Resolution Appointing Tad Shaw as the Minnetonka Community Education Services Board Representative, and Tom Skramstad, as the Lake Minnetonka Conservation District for the Year 2003." Council agreed to direct Staff to advertise for the Lake Minnetonka Cable Commission Representative position, as representation had not yet been found. Motion passed 5/0. F. Approval of 2003 Goals and Priorities Administrator Dawson presented the final draft of the 2003 Goals and Priorities for Council approval. REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 5 of7 . Councilmember Turgeon requested additional consideration be given to providing a prioritization of the goals at a later meeting to bring further clarification to the tasks. Council would note its priorities on the list and submit them to Administrator Dawson for compilation. Turgeon moved, Lizee seconded, Approving the 2003 Goals and Priorities. Motion passed 5/0. G. Request for Partial Right-of-way Vacation for Enchanted Point Director Nielsen explained Rick and Carrie Halvorson had requested the City vacate a small triangle of undeveloped street right-of-way that juts into their property at 4495 Enchanted Lane. He went on the explain the Halvorsons were undertaking a significant remodeling project and were having difficulty meeting setbacks to their property from the right-of-way area. He requested Council consider setting a Public Hearing date on the matter for February 24,2003. Turgeon moved, Zerby seconded, Setting a Date for a Public Hearing on February 24, 2003, for Request for Partial Right-of-way Vacation for Enchanted Point. Motion passed 5/0. 8. ENGINEERINGIPUBLIC WORKS A. Accepting the 2003-2007 Capital Improvement Program (CIP) . Administrator Dawson explained the final draft of the 2003-2007 Capital Improvement Program (CIP) was before Council this evening for review and approval. Engineer Brown next reviewed the major components and changes to the CIP since the original draft had been discussed. He noted a great deal of time and effort had been placed in establishing the fund balances and plans for future projects. He also noted Staff had gone to great efforts to streamline and smooth the "cost out" process utilized in bringing the CIP to its current format. Councilmember Garfunkel expressed concern for certain projects, which he had not found in the CIP, such as the County Road 19 project, Gideon Glen project, and other projects he knew had been discussed. Engineer Brown explained the CIP was considered to be an "implementation" document, and while Council knew these projects were progressing, they were not at the implementation stage, and thus not in the document. Engineer Brown anticipated this CIP would need to be revised once these projects were ready to be implemented. Councilmember Garfunkel responded he was still concerned for the inconsistencies in the approach to this CIP, and he would like to see the origin of the funding for various projects, and the needs of the projects in their scope, and how the funding then met up with the needs of the projects. Councilmember Zerby stated he thought this document should be a long-term financial planning document, and should have serious consideration and consensus in the philosophical implications of the document. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 02-011. "A Resolution Adopting the Capital Improvement Program for the Years 2003-2007." . Councilmember Zerby stated he was quite concerned, as he did not think consensus on how the CIP was being used had been agreed upon, and he was also concerned for the "missing" projects and components associated with those projects in the document. Councilmember Turgeon stated she thought the philosophy of use of the CIP could be discussed and revised as needed at a later date, so that certain projects could move forward without delay. . REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 ' ' Page 6 of 7 . Administrator Dawson stated the,CIP was considered a "living" document, and revision was anticipated in June of this year to address projects of concern slated for 2003-2004. He noted the first two years of a CIP were considered the most important with revisions to follow as the years progressed and projects needed updating. He also noted the CIP would set forth a practical work program, and he fully appreciated all comments stated by Council. Councilmember Zerby stated he viewed the CIP as having more serious consequences. Once approval was granted, he believed he was accountable to answer questions about projects that would be found in the CIP as well as any subsequent future decisions related to approved projects found within the CIP. He suggested Staff revise the CIP to include projects and areas of concern. Garfunkel moved, Zerby seconded, a Motion to Amend by removing the Paragraph in Resolution NO. 02-011, beginning with "Be It Further Resolved...." Councilmember Zerby stated he would support the resolution with this amendment as it spoke more to the design and intent of the document in his opinion. Councilmember Lizee stated she was concerned the amendment would impede progress to be made in the Year 2003 projects outlined in the CIP. . Attorney Keane clarified Council was obligated by Statute to adopt the CIP. Updates would and should be considered on an annual basis. The first year detailed in the CIP had been appropriated through the City's budget process, and the second year would be reflected in the 2004 budget. Years 3 through 5 should be viewed as planning aspirations, with each year taking steps to budget, appropriate, and spend toward those projects. He noted these projects would most certainly become clearer as the years passed, and needs became clearer. He also noted all projects would need to be approved before actual implementation, except for those projects and purchases funded by the equipment fund. Councilmember Turgeon stated she believed Council was bordering on micromanaging the CIP and Staff, Garfunkel withdrew the motion to Amend Resolution No. 02-011. Mayor Love stated he appreciated the concerns expressed by Council and discussions Council held in making it accountable to the CIP. He stated he believed approval of the CIP would not grant approval to all projects found within its covers, but would allow Staff to begin the appropriate processes necessary to explore the needs of each project. Mayor Love recessed the meeting at 9:03 P.M. and reconvened the meeting at 9: 12 P.M. ,- Councilmember Zerby stated he the intent of the document still remained unclear, and as such, he could not support it. He specifically objected to the inclusion of a proposed city hall project, as he believed there had not yet been a sufficient public process regarding need for a new facility, and he believed that there had not been thorough planning for street repair and replacement starting in 2005. Lizee moved, Turgeon secon((ed, Amending the Original Motion to Approve by including the Paragraph in Resolution No. 03-011, title "Be It Further Resolved.....only those projects identified to be undertaken in the Year 2003." . Councilmember Turgeon explained she viewed the CIP projects detailed for the Year 2003 were to be included in the 2003 budget, with expenses shown in the Year 2004 as imminent for the next year. Depending on other factors and funding, she anticipated revision of the CIP by July of each year, as the CIP was a "living document." . , 4/i, REGULAR CITY COUNCIL MEETING MINUTES January 27, 2003 Page 7 of 7 . Councilmember Zerby stated he likened the CIP to a train on a track, and he did not believe the train was ready to move forward. Lizee called the question. Motion passed 4/1, with Zerby dissenting. 9. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson stated there was nothing further to report on this matter at this time. 2. Public Safety Facilities Administrator Dawson noted the good weather had helped the project to remain on schedule, with excess dirt on the site to be graded out over the reminder of this site and the Public Works facility site. 3. Smithtown Road Administrator Dawson stated an Open House had been conducted regarding the residents' interest in this project. The Park Commission was meeting on January 28, 2003, to tally all votes on the project, and more information would be reported at the next Council meeting. . Administrator Dawson then reported on various legal issues pending with the City. B. Mayor & City Council Mayor Love stated he had met with the Minnehaha Creek Watershed District on various items to bring resolution to the County Road 19 intersection project and the Gideon Glen project. 10. ADJOURN Zerby moved, Turgeon seconded, Adjourning the Regular City Council 2003, at 9:28 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor .