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081400 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 14, 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 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, and Stover; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Zerby (arrived 7:02 P.M.) B. Review Agenda Mayor Love read the agenda. Engineer Brown requested the addition of Item 8B, regarding a Bituminous Overlay Project. Mayor Love requested Item 31 be moved to Item 7 A. Councilmember Lizee requested Items 3G and 3H be moved to Item 7B and 7C, respectively. Councilmember Zerby arrived at 7:02 P.M. Garfunkel moved, Stover seconded, approving the agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, July 24, 2000 Garfunkel moved, Lizee seconded, approving the City Council Regular Meeting Minutes for July 24, 2000, as presented. Motion passed 5/0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded, Approving the Motions Contained in the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Adopting RESOLUTION NO. 00-075, "A Resolution Appointing the 2000 Primary and General Election Judges." B. A Motion Authorizing Expenditure of Funds for City Hall Carpeting C. A Motion Authorizing the City Administrator to Hire a Communications Technician." D. A Motion Authorizing Expenditure of Funds for a Photocopier . . . CITY COUNCIL REGULAR MEETING MINUTES-August 14, 2000 Page 2 of 6 E. A Motion Adopting ORDINANCE NO. 365, "An Ordinance Amending Chapters 902 and 1301 of the Shorewood City Code Regarding Use of Recreational Facilities by Athletic Associations and Fees Associated Therewith." F. A Motion Adopting RESOLUTION NO. 00-076. "A Resolution Approving a Conditional Use Permit for Telecommunications Facilities on the Southeast Area Water Tower." G. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Reducing the Allowable Density for Senior Housing Projects (This item was moved to 7B.) H. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Regulating Nonconforming Accessory Structures (This item was moved to 7C.) I. A Motion Adopting an Ordinance Regulating the Use of Phosphate Fertilizers (This item was moved to 7 A.) J. A Motion Adopting RESOLUTION NO. 00-077. "A Resolution Approving, a Temporary Gambling License for Southshore Senior Center, 5735 Country Club Road." K. A Motion Adopting RESOLUTION NO. 00-078, "A Resolution Accepting Public Improvements and Authorization of Final Payment for City Project 9705, Old Market Road Retaining Wall." L. Annual Financial Report M. A Motion Adopting RESOLUTION NO. 00-079, "A Resolution Approving the Permanent Appointment of Jean Panchyshyn as Executive Secretary/ Deputy Clerk." N. A Motion Adopting RESOLUTION NO. 00-080, "A Resolution Appointing Representatives to the Excelsior Fire District Board." O. A Motion Establishing October 28, 2000, as the Fall Cleanup Date Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor this evening. 5. PARKS A Park Commission meeting had not been held since the July 24, 2000, Regular City Council Meeting, thus, there was nothing to report at this time. 6. PLANNING Commissioner Boehm reported on matters considered and actions taken at the August 1,2000, Planning Commission Meeting (as detailed in the minutes of that meeting). The next scheduled meeting of the Planning Commission is August 15,2000. . . . CITY COUNCIL REGULAR MEETING MINUTES-August 14,2000 Page 3 of 6 7. GENERAL A. A Motion Adopting an Ordinance Regulating the Use of Phosphate Fertilizers(This item was removed from the Consent Agenda for discussion and consideration.) Mayor Love stated he had been contacted by Planning Commissioner Woodruff regarding concern for application near wetland areas. He also noted he had been contacted by Chris and Beth Johnson, owners of the Shorewood True Value store, regarding their concerns. Chris Johnson, 16110 Ninth Avenue North, Plymouth, Minnesota, expressed his objection to subdivision four of this proposed ordinance. He explained his understanding that other cities are also entering into ordinances similar to this one, however, he believed there were no restrictions on the sale of phosphorus fertilizer in those ordinances. Specifically, he noted the surrounding cities of Excelsior, Chanhassan, and Victoria do not have this restrictive ordinance. He stated his concern to be that three of every four customers in his store are not from Shorewood, and his belief that this ordinance would drive his customers to other stores to find this product, thus, he would lose money. He also stated he believed this to be an unfair restriction placed upon his store. Further, he stated in response to Mayor Love's comment, that most customers are looking for the Scott's brand of fertilizer which does contain phosphorus. In talking with the Scott's company, he found there is no comparable product available to him as a retailer, as Scott's believed providing phosphorus free fertilizer to be a disservice to its customers. Mayor Love noted taxpayers are saddled with the burden of removal costs of phosphorus from our lakes in the amount of approximately three to six million dollars annually. Mr. Johnson stated Scott's to be a national provider and do not seem to be concerned with providing phosphorus free fertilizer out of regional need. Also, he stated there are other phosphorus sources contributing to the pollution of our lakes, and while there may be three to six million spent annually, there is no way to measure how much of that would be spent even if the phosphorus free fertilizer were supplied. He stated while he was not an expert, it was his understanding that in most cases, the phosphorus in the lawn stayed in the lawn and the problem comes in soil erosion, over application of fertilizer, and application on to hardcover areas. He also stated his purpose was not to engage in debate with the Council, but rather state his concern there is a lack of availability of product to his as a retailer and competing retailers are not restricted in sale, thus, hurting his business. In response to Councilmember Garfunkel's question, Mr. Johnson explained he supplied twenty products that did carry phosphorus and two without it. However, he did receive requests from customers for phosphorus free fertilizer. Mayor Love commented that there was some legislation in place for next year entertaining the possibility of banning the use of phosphorus fertilizer for next year. Also, in the last fifteen years, experts have examined fertilizer runoff and concluded it to be the leading water problem. While there are other sources of phosphorus contributing to poor water quality, such as leaves and animal feces, he still believed this ordinance to be a good attempt to deal with this problem. He could appreciate the fairness issue raised by Mr. Johnson, but could not be persuaded not to support the ordinance. He also stated he thought it reasonable to consider moving the effective date for the ban of sale of phosphorus free fertilizer to the year 2002, thus, allowing time to contact state organizations, watershed districts, and Scott's to try to come to some sort of united solution to this problem. Councilmember Lizee agreed with this idea, noting Scott's is a huge company and perhaps they could be convinced to take a regional approach and adjust their product to coincide with the needs of this area. CITY COUNCIL REGULAR MEETING MINUTES-August 14, 2000 Page 4 of 6 . Councilmember Garfunkel noted it would be helpful if the neighboring cities would adopt similar ordinances so that the effort to prohibit the sale of phosphate fertilizer would be more supportive to business owners such as Mr. Johnson. Councilmember Stover stated she had great sympathy for the competitiveness between retailers in the area regarding sale of this type of product. Councilmember Garfunkel suggested Mr. Johnson see this as a marketing opportunity for his store in that he could be the source for phosphorus free fertilizer in the area. Beth Johnson also addressed Council, commenting she and her husband strive for customer service and diversified selection of products for their customers. As a business owner, she has been talking to these large companies about this matter, but they do not seem to be listening. In addition, she and her husband take the extra time to educate customers about proper application of this fertilizer to avoid problems for everyone. She stated she believed this to be an opportunity to work with Council supporting the need for phosphate free fertilizer on a. regional level and to continue to educate the public about the need for careful application. Garfunkel moved, Lizee seconded, Adopting ORDINANCE NO. 366, "An Ordinance Amending Title 300 of the Shorewood City Code, Establishing Regulations for Lawn Fertilizer Application, Section 310.04, Subdivision 4, Regarding the Sale of Phosphorus to read, "Effective January 1, 2002, no person,..." and Item a, "Effective January 1,2002, small quantities..." and Items band c of Section 310.04, Subdivision 4, Regarding the Sale of Phosphorus to read "Effective January 1, 2001, displays of fertilizer..." and "Effective January 1,2001, for each sale...." . Councilmember Stover stated she would like to see a time line plan regarding efforts to make this an area wide concern. Mayor Love suggested this plan take place no later than the first Regular City Council meeting of October, 2000. Councilmember Zerby questioned if there was a way to measure the impact being made by legislation about this matter. Director Nielsen explained that testing of phosphorus in wetland areas had been done by students at one of the Minnetonka Schools in past years. Councilmember Lizee noted this is an ongoing study by Kathy Timberg's students at Minnewashta Elementary School and perhaps they could be contacted to help in this matter as well. Motion passed 5/0. B. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Reducing the Allowable Density for Senior Housing Projects (This item was removed from the Consent Agenda for discussion and consideration.) Director Nielsen provided background pertaining to the ordinance. Councilmember Lizee explained a site selection study is being done, and she believed this amendment should be discussed after that study is complete. Councilmember Stover agreed and stated the decrease by two units across all areas to be a bit arbitrary. Mayor Love suggested the ordinance be held and brought back to Council no later than the second Regular City Council Meeting in November, 2000. Council concurred. . C. A Motion Adopting an Ordinance Amending the Shorewood Zoning Code Regulating Nonconforming Accessory Structures (This item was removed from the Consent Agenda for discussion and consideration.) . . . CITY COUNCIL REGULAR MEETING MINUTES-August 14,2000 Page 5 of 6 Council member Lizee stated her concern that this ordinance seemed to be a bit strict and while she understood the Commission's benefit of avoiding a large number of Conditional Use Permits, she believed this would increase the number of requests for variances. Also, she believed it would not allow for any homes to maintain their unique or historical character. Director Nielsen explained the intentions of the Planning Commission as being a more aggressive approach to dealing with the cases where someone chose to do an extensive remodeling project of fifty percent of more. Councilmember Stover stated her preference that the Planning Commission have flexibility to examine each situation on its own and agreed with Councilmember Lizee's perception of this ordinance as too restrictive. She also believed it would take away the asset the Planning Commission holds currently in determining need. Councilmember Garfunkel noted flexibility is good, and Councilmember Zerby stated he would also like to see the flexibility remain if an effort to maintain unique qualities in the homes of Shorewood. Mayor Love stated this item failed for lack of a motion. 8. ENGINEERINGIPUBLIC WORKS A. A Motion to Adopt a Resolution Approving Plans, Specifications, and Estimate and Authorizing Advertisement for Bids for Freeman Park Water and Sewer Improvements Engineer Brown provided background regarding this matter noting this proposed circuitous route would improve the water system dramatically in this area in terms of water quality and fire flow issues. Stover moved, Zerby seconded, Adopting RESOLUTION NO. 00-081, "A Resolution Approving Plans, Specifications and Estimate and Authorizing Advertisement for Bids for Freeman Park Water and Sewer Improvements." Motion passed 5/0. B. A Motion Authorizing Entering Into a Contract for Bituminous Overlay with the Cities of Greenwood and Deephaven Engineer Brown explained he had been contacted by the City of Deephaven regarding a joint bituminous overlay project slated for Minnetonka Boulevard. He noted the bid of $47, 827 by Hardrives, Inc. was considerably lower than the anticipated budget amount of $80,000 pertaining to this project. . Zerby moved, Stover seconded, Approving Entering Into a Contract for Bituminous Overlay with the Cities of Greenwood and Deephaven. Motion passed 5/0. 9. REPORTS A. Administrator & Staff Reports 1. Gideon Glen Director Nielsen noted this matter would be discussed in the Study Session immediately following this meeting. 2. Skate Park . . . CITY COUNCIL REGULAR MEETING MINUTES-August 14,2000 Page 6 of 6 Director Nielsen explained presentations are being scheduled with local supporters interested in helping funding this project. 3. Eddy Station Engineer Brown stated the footings have been poured and there may be a lack of activity on the site for approximately a month due to the high industry demand in concrete materials. This delay is not expected to delay the date of completion and he noted the contractor has done a great job on the project thus far. B. Mayor & City Council Reports Councilmember Lizee sadly noted there had been an incidence of sexual assault in Tonka Bay recently. The police are reminding residents to keep close watch over children in the area. Mayor Love noted there is a Joint Powers Meeting for the Fire Departments on August 29, 2000, and matters will be discussed by the new Excelsior Fire District Board for September, 2000. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting to Work Session at 8:21 P.M., subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ~ .J~~ Kristi Stover, Acting Mayor r--'