042400 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, APRIL 24, 2000
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: 13 P.M.
A.
Roll Call
Present:
Mayor Love, Councilmembers Garfunkel, Lizee, Stover, and Zerby; Planning
Director Nielsen; Public Works Director/Engineer Brown; City Attorney Keane
Absent:
None
B.
Review Agenda
Director Nielsen requested Item 6D be removed from the agenda and moved to the May 8, 2000, Regular
City Council Meeting agenda. Engineer Brown requested Item 8A be removed from the agenda.
Lizee moved, Stover seconded, approving the agenda as amended. Motion passed 5/0.
2.
APPROVAL OF MINUTES
A. City Council Special Meeting Minutes, April 10, 2000
Garfunkel moved, Stover seconded, approving the City Council Special Meeting Minutes for April
10, 2000, as presented. Motionpassed 5/0.
B. City Council Regular Meeting Minutes, April 10, 2000
Garfunkel moved, Lizee seconded, approving the City Council Regular Meeting Minutes for April
10, 2000, as presented. Motion passed 5/0.
C. City Council Special Meeting Minutes, April 18, 2000
Stover moved, Garfunkel seconded, approving the City Council Special Meeting Minutes for April
18, 2000, as presented. Motion passed 4/0, with Zerby abstaining as he was absent for the April 18,
2000, meeting.
3. CONSENT AGENDA
Stover moved, Zerby seconded, approving the Motions contained on the Consent Agenda and
adopting the Resolutions therein:
A.
A Motion Adopting RESOLUTION NO. 00-041. " A Resolution Making
Commission Appointments." Motion passed 5/0.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 24, 2000
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4.
MATTERS FROM THE FLOOR
There were no matters from the floor.
5. PARKS - Report by Representative
A. Report on Park Commission Meeting Held April 11, 2000
Engineer Brown reported on matters considered and actions taken at the April 11, 2000, Park
Commission Meeting (as detailed in the minutes of that meeting).
Of particular note is an Open House scheduled for April 29, 2000, for neighbors of the LRT along
Smithtown Road West from 9:00-10:30 A.M. at City Hall.
Also, there is an informal onsite meeting on May 6, 2000, regarding the Skate Park, and an informal
Open House scheduled for May 8, 2000. This Open House will be at the Senior Center from 5:30 -7:00
P.M. All Council and Commission members, local residents, and other involved community members
are welcome to attend.
6. PLANNING - Report by Representative
A.
A Motion to Direct Staff to Prepare a Resolution Approving a Conditional Use
Permit
Applicant: U.S. West
Location: 19395 State Highway 7
Garrett Lysiak, a technology consultant for the City, provided history and detailed analysis about this
particular issue. He stated the biggest question posed before him was to ascertain whether the water
tower in the vicinity would work to locate the necessary technological equipment to satisfy the consumer
needs of US West. His findings indicate the water tower would not provide adequate coverage along
Highway 7. He reported he did use data collected by US West in making this determination. However,
he did not believe any bias entered into the data as its collection is done by computer. He also reported it
is very difficult to determine what is adequate coverage for consumers in a situation like this one, noting
it can vary from phone system to system.
Councilmember Garfunkel questioned Mr. Lysiak if a definite enhancement to the coverage occurred if
the equipment was positioned on the water tower. Mr. Lysiak responded while enhancement does occur,
he is still in agreement with US West's data showing the water tower would not provide adequate
coverage along Highway 7 as needed.
Phyllis O'Connell, Real Estate Representative for US West, spoke to Council about the effort US West
was trying to make to handle changing coverage areas and capacity needs.
Attorney Keane, in response to Councilmember Garfunkel's question, stated according to the
TeleCommunications Act, the Council may not preclude the company from building out its systems to
meet system requirement areas and needs. Council cannot preclude them from building because of the
need to satisfy technology service areas.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 24, 2000
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Councilmember Garfunkel stated one of the problems he saw with this matter was of aesthetics. He
stated the Council allowed the Minnesota Ministorage facility in the area which has aesthetic problems
and now there is a pole going up as well. In spite of the technological changes, a pole will remain for
quite a while.
Mayor Love stated he is concerned about aesthetics in this area as well. However, this request appeared
to meet the needs of zoning ordinances and hired consultants as well as technological needs. He stated
he was not happy about it, but felt a need to support it.
Councilmember Zerby stated he has received negative comments about the Minnesota Ministorage
facility as well. He was a bit confused by the data and still was not sure it would not work on the water
tower.
Garfunkel moved, Zerby seconded, directing Staff to Prepare a Resolution Denying a Conditional
Use Permit for U.S. West, at 19395 State Highway 7, based on the incompatibility of aesthetics of
the facility at that location.
Councilmember Stover noted aesthetics are important as well as citizen desire. However, she stated the
ordinance was created to comply with Federal laws. The Council can't write them and then choose to
ignore them. Also, a consultant was hired to give the Council best advice in this case.
Attorney Keane noted there were reasonable alternatives made in this case. He reminded Council it has
an obligation, according to the TeleCommunications Act, to allow companies to build out systems. A
consultant was hired in this matter to give them advice. He stated the Council would have to decide if
denying this matter would preclude the company from moving forward with building out necessary
systems.
Mayor Love stated he would vote against the motion in terms of fact, not in terms of sentiment. He noted
the request does meet zoning ordinances, but he also had questions related to reasonability of this request
much the same as Councilmembers Garfunkel and Zerby. However, the consultant did address those
questions.
Motion failed 2/3, with Lizee, Stover and Love voting nay.
Stover moved, Lizee seconded, directing Staff to Prepare a Resolution Approving a Conditional
Use Permit for U.S. West at 19395 State Highway 7. Motion passed 4/1, with Garfunkel voting
nay.
Councilmember Zerby commented he remains against placement at this site, and he did not agree with
the ordinance. He noted this is one of most difficult aspects of his job--when a person must vote against
what he believes. He also suggested looking into the possibility of revising some ordinances, so that the
City is keeping in line with its neighboring communities related to these matters.
B. A Motion to Adopt a Resolution Approving a Conditional Use Permit
Applicant: AT &T
Location: 26352 Smithtown Road
Director Nielsen provided background on this matter. He noted there were two issues which needed to be
dealt with as a matter of course with this permit. First, he noted modifications had been made by the
CITY COUNCIL REGULAR MEETING MINUTES - APRIL 24, 2000
Page 4 of 6
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applicant to satisfy the Planning Commission. Secondly, a utility easement must be obtained along the
west side of the parking lot at this site. He also noted this application was different from others because
it would support a building large enough to house other carriers. He stated the lease recognized and
allowed AT&T to sublet this space to another carrier. There would be room for approximately two more
carriers at the site after it is built.
Peter Beck, Attorney for AT&T, explained the need for a permit at this address as it related to the
technical needs of the company. Mr. Beck also explained he was part of a group that helped to develop
ordinances to allow these poles to be allowed on commercial properties and other public land. Further,
he noted, companies such as his client, are always looking for existing poles to utilize rather than
building a monopole as existing poles are far less expensive and don't require such a process to
complete.
Councilmember Garfunkel questioned Mr. Beck if this pole would meet the needs of his company for the
future as well as meeting consumer demand today. Mr. Beck responded affirmatively and noted that
Council should prepare themselves to see other requests, such as the previous request, in the future as
technology is embraced by the public creating a demand for higher levels of service.
Councilmember Garfunkel asked Mr. Beck if he could foresee this technological need being satisfied by
utilizing telephone/power poles. Mr. Beck explained that a limitation of current technology is that it now
needs to be above surrounding vegetation if it is voice technology. If it is 'data only' technology, it can
be mounted to power poles.
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Director Nielsen reminded Mr. Beck there is to be no use of portable generators at this site except for
instances of power outage. Mr. Beck stated all conditions have been agreed to by AT&T.
Lizee moved, Stover seconded, Adopting RESOLUTION NO. 00-042, "A Resolution Approving a
Conditional Use Permit for AT&T Wireless Services at 26352 Smithtown Road." Motion passed
5/0.
C. A Motion to Adopt a Resolution Approving a Conditional Use Permit
Applicant: Basim Sabris
Location: 6125 Apple Road
Director Nielsen provided background on this matter noting the Planning Commission had made
recommendations which were to be included in this resolution before the Council.
Mr. Sabris spoke about his happiness in being able to locate his home in Shorewood. He noted he is
aware of a small fuel spill on the property which requires the Fire Marshal's inspection. He is willing to
address this matter in whatever way the Fire Marshal deems necessary.
Zerby moved, Stover seconded, Adopting RESOLUTION NO. 00-043, "A Resolution Approving a
Conditional Use Permit for Additional Accessory Space for Basim Sabris, 6125 Apple Road."
Councilmember Stover reminded Mr. Sabris the garage use is not for business use. Councilmember
Zerby commented he was glad to see the changes Mr. Sabris made in his garage design reduced the
amount of hardcover area on the property.
. Motion passed 5/0.
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D.
A Motion to Adopt a Resolution Making Certain Amendments to the Tree
Preservation and Reforestation Policy (This item was removed from the agenda
and moved to the May 8, 2000, Regular City Council Meeting Agenda.)
7. GENERAL
A. Discussion of Proposed Revisions to Joint Powers Agreement for Fire Services
Mayor Love explained he had just received changes in language in the Joint Powers Agreement for Fire
Services for the South Lake Minnetonka area. He found the changes related to the dissolution aspect of the
agreement rather disappointing. He questioned Council about issues related to these language changes and
support for the agreement should it come to fruition in the next thirty days.
Councilmember Garfunkel believed there should be some discussion related to the appropriateness of this
issue appearing in the Joint Powers Agreement. Councilmember Stover echoed this sentiment. Mayor
Love commented that, in spite of this, nothing has substantively changed in the agreement and he believed
this change is about an issue of trust rather than an issue of dissolution.
B. Direct Staff to Prepare Request for Proposals for Strategic Planning Consultant
Services
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Zerby moved, Lizee seconded, Directing Staff to Prepare Request for Proposals for Strategic
Planning Consultant Services. Motion passed 5/0.
8. ENGINEERING/PUBLIC WORKS
A. Discussion Regarding Leave of Absence - Public Works (This item was removed
from the agenda.)
9. REPORTS
A. Administrator & Staff
1. Gideon Glen
Director Nielsen noted appraisers were particularly busy this time of year, but an appraiser will be
viewing the property soon.
2. Skate Park
Director Nielsen reported the Skate Park is moving forward. The conceptual site plan showing the layout
for equipment was modified a bit due to budget constraints. He stated he would report more at the May
8, 2000, Regular City Council Meeting.
3. Freeman Park Multipurpose Building
. Director Nielsen stated there has been some discussion about the possibility of changing the name of the
building.
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CITY COUNCIL REGULAR MEETING MINUTES - APRIL 24, 2000
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4. Finance Director Position
Approximately nine applicants have been selected for interviews with City Staff next week for this
position.
5. Administrator Position
City Staff has been directed to utilize the skills of three firms which specialize in recruitment for this
position. More will be reported at a later date.
6. Southshore Senior Center
Engineer Brown reported the construction at the Center is going smoothly. Many people have been
involved in bringing it to fruition. Hopefully, the heating issue can be addressed as soon as this
construction is finished at the end of this week. He noted the Center is still open for business in spite of
all the construction activity.
B. Mayor & City Council
Director Nielsen reported the Fire Department has recently completed paperwork for a controlled bum
site at 27820 Island View Drive. The Fire Department will conduct a series of burns in May and June of
this year.
10.
ADJOURN SUBJECT TO APPROVAL OF CLAIMS
Lizee moved, Stover seconded, adjourning the Regular Meeting to Executive Session at 9:10 P.M.
subject to the approval of claims. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor