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011005 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 10, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES City Administrator/Clerk Craig Dawson administered the Oath of Office to newly elected MayorW oody Love and Council Members Christine Lizee, Laura Turgeon, Paula Callies and Martin Wellens. 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:03 P.M. A. Roll Call Present: Mayor Love, Councilmembers Lizee, Turgeon, Callies, and Wellens; Administrator Dawson; Attorney Keane; Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Lizee moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of December 13, 2004 Turgeon moved, Lizee seconded, Adopting the City Council Regular Meeting Minutes of December 13, 2004, as presented. Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval ofthe Verified Claims List B. Staffing - Rink Supervisor and Liquor Store Staff C. Adopting RESOLUTION NO. 05-001, "A Resolution Approving Tree Trimmer Licenses" D. Adopting RESOLUTION NO. 05-002, "A Resolution Setting the 2005 Regular City Council Regular Meeting Schedule." . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JANUARY 10, 2005 Page 2 of 7 E. Adopting RESOLUTION NO. 05-003, "A Resolution Accepting the 2003 Traffic Signal L.E.D. Improvement Project, City Project 03-10, S.A.P. 216-010-07." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING There were no public hearings scheduled for this meeting. 7. PARKS A. Report on Park Commission Meeting Held December 14, 2004 Chair Davis reported on matters considered and actions taken at the December 14, 2004, Park Commission Meeting (as detailed in the minutes of that meeting). Councilmember Turgeon questioned whether consideration had been given to hosting a City Ice Skating Party as had been done recently in Deephaven. She noted the City of Deephaven had a "Zamboni" machine for use in assisting with ice conditions that was available for rental. Chair Davis indicated she would report back to the Park Commission regarding this request. 8. PLANNING Commissioner Meyer reported on matters considered and actions taken at the January 4, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). 9. GENERAL A. Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2005 Administrator Dawson explained the Council annually made appointments to certain offices and positions for City business. Mayor Love stated this matter might be better suited to a Work Session meeting, and suggested it be added to the January 24, 2005, Work Session Meeting to be held at City Hall starting at 5:30 P.M. Council agreed. Councilmember Callies suggested a notice be sent to the Council regarding the meeting times for the positions and appointments to be made. Councilember Wellens volunteered to be the Council Liaison to the Park Commission meeting to be held on January 11,2005. CITY OF SHOREWOOD REGULAR MEETING MINUTES JANUARY 10, 2005 Page 3 of7 . B. Establishing the Date, Time and Place for the 2005 Local Board of Appeal and Equalization meeting and Discussion of future meetings, and Appeal and Equalization Training Administrator Dawson reviewed the history of this matter, noting the Council in past years had been the Board of Appeal and Equalization for any residents wishing to discuss the property valuation for tax purposes. He noted this meeting typically was held in April of each year, and explained the County had suggested the same timeframe for this year. He went on to explain that beginning in 2006, State law provided the transference of duties from the local boards to the county assessor. A public notice would be required to discuss the proposal to transfer duties would be on the agenda. With this transference of duties, the County would directly consider the appeals of residents regarding property valuations, and the City Council would no longer be required to participate as the Local Board of Equalization. Mayor Love stated, in the past, he had believed the Council's participation in the Board process to be similar to a facilitator between residents and the assessors, rather than performing any actual service to residents. Further, he stated it seemed somewhat confusing to the residents appearing before the Council/Board in this manner. Without objection from the Council, Mayor Love directed Staff to set a date for the Public Hearing to transfer duties to Hennepin County for the Local Board of Equalization duties in 2006. As a result of this action, no training would be required of the Council as well. . Turgeon moved, Wellens seconded, Setting the Initial Meeting of the Local Board of Equalization as April 18, 2005, at 7:00 P.M. at the Shorewood City Hall. Motion passed 5/0. C. Recommendation of Appointments by Hennepin ~ounty Board of Commissioners to the Minnehaha Creek Watershed District (MCWD) Board of Managers Administrator Dawson explained Council had the option to recommend any resident wishing to be appointed to the Minnehaha Creek Watershed District Board of Managers. Thus far, no one had come forward asking for this recommendation. Mayor Love stated the Council had not interviewed any persons wishing to be recommended for appointment to the Hennepin County board of Commissioners to the Minnehaha Creek Watershed District Board of Managers; thus, no further Council action was required on this item. He directed Staff to remove this item from agenda, without objection of the Council. D. Excelsior Proposal re: Process for SLMPD Issues . Administrator Dawson briefly reviewed the history of this issue for Council, noting correspondence had been received since the most recent Regular City Council meeting from the City of Excelsior requesting a response to the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee proposal on a process regarding SLMPD issues. The Excelsior City Council agreed with the Coordinating Committee's process, provided the member cities' attorneys prepare and the Councils approve an amendment to the Joint Powers Agreement (JP A) allowing a city to withdraw from the JP A if all of the changes recommended at the end of the process were not made. He went on to explain the City of Excelsior had stated the CITY OF SHOREWOOD REGULAR MEETING MINUTES JANUARY 10, 2005 Page 4 of 7 . withdrawal provision was necessary to motivate the cities to participate and resolve issues. Administrator Dawson noted the recommended process for resolution of issues proposed by the SLMPD Coordinating Committee was progressing quite quickly with the SLMPD Operating Committee expected to make its recommendation on the facilitator for the process by January 14, 2005,. and the Coordinating Committee able to act on that recommendation as early as the week of January 17,2005. Mayor Love stated he welcomed the opportunity to discuss these issues at any time with any members of the SLMPD member cities regarding continuation of the JP A or an amendment to the JP A, and thought it would be a worthwhile endeavor. He noted historically all three of the member cities had stood ready to hold discussions with the City of Excelsior regarding these issues. Councilmember Turgeon stated the City of Shorewood had agreed to support the Operating Committee's recommendation, and she was confused about why the City of Excelsior thought it necessary to incur additional expense to have attorneys provide direction at this point in time. She stated she would be willing to participate on the Task Force as a representative of the City of Shorewood for this issue as part of the resolution process. Mayor Love stated he too was uncertain of the need for the legal assistance at this time, as the JPA stated all member cities' were equal partners, and as equal partners, he thought they needed to move forward to resolve remaining issues of dispute. He stated he was grateful for the support of the Council in the last several years in trying to work through issues associated with the JP A. Furthermore, he noted the lack of a motion to participate in the process as stated in the correspondence from Excelsior indicated the City's gracious decline. . E. Request for Approval to Install Street Lights Applicant: Kevin Wehrmann (Capestone Builders) Location: Barrington Way (Barrington P.D.D.) Director Nielsen explained the applicant had submitted a plan for street lighting in the Barrington project, in which they proposed five street lights, all located entirely within their property boundaries. He explained Shorewood's current policy specifically allowed street lights at intersections and at the end of cul-de-sac streets. Mid-block lighting is not allowed, except where traffic conditions dictate. He noted the locations of one of the lights did not appear to comply with City policy; however, the other four did comply with City policy. He went on to explain Staff had notified the surrounding residents of this plan and noted several comments had been received indicating a lack of support for the lighting plan. Director Nielsen also explained the proposed carriage style light fixture, noting light could be more easily diminished in any direction. However, since the site was located considerably lower than its surrounding neighbors, blacking out any side of the light was not considered necessary. Staff recommended approval of the lighting plan, provided any extra cost for fixtures or getting electricity to the locations was covered by the developer. Kevin Wehrmann, of Capes tone Builders, explained the height of the proposed carriage style lighting would be approximately 18 feet high including the lamp fixture as it was proportional to the buildings and aesthetically pleasing. He stated a meter had been installed to handle the lighting and the association would be responsible for funding the cost of the lighting. He stated he respectfully requested at least four of the five lights be allowed as part of the project. . . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JANUARY 10, 2005 Page 5 of7 Matt Saunders, 5490 Manor Road in Greenwood, stated while he was a current member of the Greenwood City Council, he was not representative of the Council in any way in this request. He stated he had sent a letter of opposition for the request, as it did not meet the goals of the development plan originally proposed. He explained the area surrounding the project had few streetlights, even at the nearby intersections of several heavily traversed roadways. He noted the residents of the area worked to avoid any light pollution in the area preferring the natural light to man made. He also complimented Capestone Builders on its adherence to the development plan in its respectfulness to neighbors and adjacent properties throughout the construction process. He stated he continued to support the project as a whole, but did not support the utilization of streetlights in the project at all, and he was very excited about the project overall as he liked the character of the development. Mike Osterholm, 20940 Oak Lane in Greenwood, stated he, too, was opposed to the streetlight request for the same reasons as Mr. Saunders. He questioned whether the lighting provided an answer to a safety issue, and if not, he did not see a need for the lighting to be approved. He stated the entire neighboring area had been successful in avoiding issues of safety with private lighting. Furthermore, he believed if the lighting request would be approved, it would have an adverse impact on the surrounding properties and area as a whole. Councilmember Lizee stated there would be two light fixtures on each garage facing the street, and she believed there to be adequate illumination in the area with those lights. She also stated there would also be lights illuminating the entrance monument to the development and to place a light at the end of the cul-de- sac would be in keeping with the City policy. Councilmember Turgeon agreed, noting the one light at the end of the cul-de-sac should be directed away from the wetland area. She stated the monument sign with lighting would guide people to the development, and thus, she did no believe any additional lighting was necessary at the entrance. In response to Councilmember Callies' question, Director Nielsen stated a light at the entrance and a second light at the end of the cul-de-sac would be consistent with the City policy on lighting. In response to Councilmember Wellens' question, Mr . Wehrmann stated what was not shown on the information presented to Council was that there was approximately 200 yards to Manor Road, and the lighting was going to be absorbed in that distance anyway. He also noted the topography of the project, stating there would not be any illumination splashing out on to other properties due to the cliffs around three fourths of the project. He stated the request for the lighting was presented so the town home project would feel and act as a community as a whole. In response to Councilmember Lizee's question, Mr. Wehrmann stated photocells or timers could be installed on the lights to allow them to be turned off at any time. He also stated part of the intention for the style oflighting proposed was to allow street signs to be placed on the posts as well as plants on brackets to bring beauty to the development also. Mr. Osterholm stated the whole project was approximately a city block in length and he believed there would be too many lights without the lighting proposed. He stated the lighting would be substantial just from the home sites as the lights would be able to be viewed through the wooded areas without additional street lighting. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JANUARY 10, 2005 Page 6 of 7 Callies moved, Lizee seconded Approving two street lights consistent with the City policy to be placed at the entrance near Excelsior Boulevard, and at the end of the cul-de-sac. Councilmember Turgeon requested the entrance light be moved closer to Excelsior Boulevard if possible, and the light blackened toward the wetland at the cul-de-sac. Without objection from the seconder, the maker of the motion amended the motion to include the entrance light be moved closer to Excelsior Boulevard than proposed, and the light blackened toward the wetland at the cul-de-sac. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS Engineer Brown stated there were no items for discussion this evening. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown stated the work to have been completed by the contractor in the Gideon Glen site, specifically the completion of the grading for the pond area, and installation of the grit chamber and storm sewer lines had been performed as of this date. He noted the contractor had suspended operations for the winter due to the frost conditions. Representatives of the Minnehaha Creek Watershed District were considered the "lead" on the wetland restoration project, and they had chosen to allow the contractor to finish the additional work on the ponding area in the springtime prior to bidding out the next phase of the project. Councilmember Turgeon thanked him for his report, and questioned whether it would be possible to tunnel a crossing beneath the roadway near the Public Safety Facility since the current installation work was to such a great depth. Engineer Brown stated he did not believe the grades would allow for such a crossing in that location, and he believed installation of a tunnel to be cost prohibitive; however, he would review the options available for such a request and report back at a later date. Mayor Love stated should the possibility of a tunnel exist, he believed there may be funding available through several grant programs. He encouraged Engineer Brown to consider the possibility and also consider if the request was reasonable given the anticipated cost for such a tunnel beneath County Road 19. B. Mayor & City Council Administrator Dawson then noted there would be a work session of the Excelsior Fire District Governing Board at 6:00 P.M. on January 12,2005. Councilmember Turgeon questioned whether the SLMPD would be conducting any mock disaster drills as part of the readiness plans for each city in a disaster. Mayor Love stated he would bring this request to the SLMPD Coordinating Committee meeting. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES JANUARY 10, 2005 Page 7 of7 12. ADJOURN Wellens moved, Turgeon seconded, Adjourning the January 10,2005, Regular City Council Meeting at 8:10 P.M. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary a Woody Love, Mayor