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082696 CC Reg Min ~ . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 26, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; Finance Director AI Rolek and Engineer Larry Brown. B. Review Agenda McCarty moved, Benson seconded to approve the agenda for August 26, 1996, with the addition of Item 4A, "A Motion Declaring the Official Intent of the City of Shorewood to Reimburse Expenditures from the Proceeds of Bonds to be Issued by the City." Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes August 12, 1996 . Benson moved, Shaw seconded to approve the City Council Regular Meeting Minutes of August 12, 1996, as amended on Page 7, Paragraph 3, Line 6, change "properties owners" to "property owners"; Page 4, Paragraph 3, change Sentence 2 to read "Brown indicated the residents were very definite in their request for a 24-hour time period." Motion passed 5/0. B. City Council Work Session Meeting Minutes August 12, 1996 McCarty moved, Stover seconded to approve the City Council Work Session Meeting Minutes of August 12, 1996. Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for August 26, 1996. Stover moved, McCarty seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion to Authorize Execution of Subordination Agreement for John and Robert Levering, 25170 Smithtown Road. B . A Motion to Approve Block Party Request for August 28, 1996 from 5:00 to 10:00 p.m. for Christine Stein, Noble Road. . C. A Motion to Extend the Approval of a Conditional Use Permit for Filling over 100 Cubic Yards for Roxanne Martin, 5750 Christmas Lake Road. REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 2 . D. A Motion Authorizing Purchase of a Sewer Jetter. Motion passed 5/0. 4. A. A Motion to Adopt a Resolution Declaring the Official Intent of the City of Shorewood to Reimburse Certain Expenditures from the Proceeds 0 f Bonds to be Issued by the City Finance Director AI Rolek reviewed the matter. McCarty moved, Benson seconded adopting RESOLUTION NO. 96-76, "A Resolution Declaring the Official Intent of the City of Shorewood to Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City." Motion passed 5/0. B. Matters From the Floor - None 5. PLANNING - Report by Representative Planning Director Nielsen noted the following matters had been reviewed by Commissioner Turgeon at the August 12, 1996 City Council Meeting. He further noted the Planning Commission has not met since that date. A. A Motion to Direct Staff to Prepare Findings of Fact Regarding Preliminary Plat Approval - Water's Edge P.U.D. . Applicant: Location: Bill Blegen 20295 Manor Road Planning Director Nielsen reviewed the matter in detail. Mr. Kevin Norby, a registered, licensed architect appeared on behalf of the applicant and addressed the Council explaining the proposed subdivision of the property. Mayor Bean noted this is a step forward in preserving as much of the parcel as possible as well as creating the largest buffer possible. Stover moved, Shaw seconded. directing staff to prepare Findings of Fact regarding preliminary plat approval - Water's Edge P.U.D. for Bill Blegen, 20295 Manor Road. Motion passed 5/0. B. A Motion to Approve a Site Plan - JMS Office Building Applicant: Location: Waterford Partners, LLC 19685 State Highway 7 Planning Director Nielsen explained the request. Mayor Bean noted the residential appearance of the building and inquired if this building would become a multi-tenant situation. Planning Director Nielsen stated this particular site is limited to office space, however, there could be more than one office user in the facility. Councilmember Stover noted in the past a needs assessment had been requested. She inquired if the office market would be of concern. Planning Nielsen explained a needs assessment had not been required, however this issue was addressed in the Waterford Development. He further stated the developer intends to occupy a large portion of the building, leasing out the remaining space. . . . . REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 3 McCarty moved, Shaw seconded approving a site plan for JMS Office Building for Waterford Partners, LLC, 19685 State Highway 7. Motion passed 5/0. C. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination (Lot Line Rearrangement) Applicant: Location: Cheryl O'Brien 4780/4790 Lakeway Terrace Planning Director Nielsen addressed the matter in detail noting Martin O'Brien and Jan Haugen were present to address the Council. Ms. Haugen noted she and the O'Briens are in complete agreement. Stover moved, McCarty seconded adopting RESOLUTION NO. 96-77, "A Resolution Approving a Simple" Subdivision/Combination (Lot Line Rearrangement) for Cheryl O'Brien, 4780/4790 Lakeway Terrace." Motion passed 5/0. 6. PRESENTATION BY JIM DANIELS AND JEFF FOUST REGARDING LAKE MINNETONKA CABLE COMMISSION A. Discussion on Current Telecommunication Issues B. A Motion to Approve the 1997 LMCCC Proposed Budget Jim Daniels, Administrator of the Lake Minnetonka Cable Commission, and Jeff Foust, Shorewood's Representative to the LMCCC, appeared and addressed the Council requesting approval of the 1997 LMCC Proposed Budget. Representative Foust pointed out the budget does not utilize taxpayer money, but is completely funded through the Triax franchise fee which Triax pays into the Joint Powers of the LMCC municipalities. Administrator Daniels reviewed changes which had been made in the budget to include additional staff. He noted the Commission will be adding another staff person at the North Suburban Studio. He explained there is an interest in local programming in the north suburban areas and, therefore, a satellite studio will be opened in the northern part of the Commission's territory which will be fully capable of producing programming for Channel 21. This will require the addition of a part-time staff person. Representative Foust and Administrator Daniels gave a brief overview of Triax and noted Triax has funds now available to rebuild and improve some of their existing systems. This will greatly improve the reliability of the system. Representative Foust noted a draft ordinance had been distributed to various member municipalities regarding telecommunication easements and rights-of-way. Councilmember Stover felt a work session with respect to this matter would be helpful. Shaw moved, McCarty seconded to approve the 1997 LMCC Proposed Budget as presented. Motion passed 5/0. 7. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR LANDSCAPING FOR SOUTHSHORE SENIOR COMMUNITY CENTER . . . REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 4 City Engineer Brown noted staff is recommending rejection of the bids and would request the contract be awarded to the original bidder, GEH Construction. Councilmembers Stover and McCarty expressed their agreement with the staff recommendation. McCarty moved, Stover seconded adopting RESOLUTION NO. 96-78, "A Resolution Rejecting the Revised Bids and A warding Contract for Landscaping for the Southshore Senior Community Center to GEH Construction." Motion passed 5/0. 8. CONSIDERATION OF REQUESTS TO ABATE CHARGES LEVIED ON 5460/5462 MALLARD LANE Mayor Bean noted a letter had been received from the daughter of a property owner requesting an abatement of charges which were levied as a result of non-compliance with the Sump Pump Inspection Program. Councilmember Stover felt the letter the property owner received was somewhat confusing and expressed her belief the City should issue an abatement of the funds. Mayor Bean noted his agreement. Stover moved, Benson seconded directing staff to abate the charges, interest and penalties levied on 5460/5462 Mallard Lane related to the Sump Pump Regulations. Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE ASSESSMENT ROLL FOR DELINQUENT UTILITY AND OTHER PROPERTY SPECIFIC CHARGES Finance Director Rolek noted an annual review has been made of delinquent accounts. He explained the property owners were notified of the delinquency and the time period allowed in which to pay the charges prior to the charges being assessed to the property taxes for the ensuing year. Councilmember Stover noted some of the property identification numbers appear to be repetitious. Rolek noted some property owners prefer to have the charges assessed to their taxes annually rather than paying for the service on a monthly basis. McCarty moved, Stover seconded adopting RESOLUTION NO. 96-79, "A Resolution Approving the Assessment Roll for Delinquent Utility and Other Property Specific Charges." Motion passed 5/0. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE REVISED 1996 PROJECT BUDGETS City Engineer Brown noted the bidding climate is quite high at this time due to the amount of work available resulting in a negative bidding environment for municipalities. Benson moved, McCarty seconded adopting RESOLUTION NO. 96-80, "A Resolution Approving the Revised 1996 Project Budgets." Motion passed 5/0. 11. DISCUSSION ON A POLICY TO BE ADOPTED BY ORDINANCE ESTABLISHING A WATERMAIN HOOKUP POLICY AND AN A V AILABILITY CHARGE REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 5 . City Administrator Hurm noted this is a work session issue, however, it was added to the Council Agenda for input from the City Attorney. City Attorney Keane clarified this would be a hookup fee as opposed to an assessment and noted the fee should be reasonably related to the cost of the improvement to the property. Hurm noted if immediate hookup is not required, one option available would be to utilize a water availability charge. Mayor Bean stated this issue would be an appropriate work study session. Councilmember Stover asked City Attorney Keane to attend the study session. Mayor Bean asked for Council input setting a work study session with regard to this topic. Councilmember McCarty felt the session should be held on a separate night as opposed to after a Council meeting. It was decided to hold this work study session on Monday, September 16, 1996, at 7:30 p.m. 12. ADMINISTRATOR & STAFF REPORTS A. Administrator's Report on Crescent Beach Agreement with Tonka Bay . City Administrator Hurm explained research has been completed on this subject which indicates dogs have not been a problem at Crescent Beach. It was therefore recommended that no changes be made to the Crescent Beach Agreement. B. Discussion Regarding Carbon Monoxide Alarm Response Time City Administrator Hurm noted a letter has been received from Captain Richard Esensten of the Hennepin County Sheriffs Office with respect to carbon monoxide alarm responses. Hurm explained neighboring communities have indicated a Level ill response would be recommended. Councilmember Stover inquired if each of the southshore communities would need to utilize the same level of response. Hurm noted in discussions with the Police Chief, each city could select a different response level, however, from the Police Chiefs perspective, it would be preferable to have a consistent response level with each of the concern cities. Councilmember Benson stated he did not have a problem with a Level III response, however, he expressed concern with the caller being told they will receive a call back to determine whether or not there is an illness. He stated he would prefer an officer arrive on the scene to determine the degree of the situation. Mayor Bean also felt it would be appropriate to request a Level ill response to include that an officer should arrive on the scene. Councilmember McCarty commented a physical presence would be important. Benson moved, Shaw seconded approving a response to the Hennepin County Sheriff for a Level III response on carbon monoxide alarm calls with direction to the Southlake Police Department to respond in person with all deliberate speed. Motion passed 5/0. City Administrator Hurm explained staff from the cities of Plymouth, Minnetonka, Hopkins and St. Louis Park met and it was determined the Suburban Alliance is not financially viable. They support the closing of the agency and the dissolving of the Joint Powers Agreement. Hennepin County staff have given assurances planning and coordination of human services in western Hennepin County will be addressed in a new structure next year. In the interim, Hennepin County will fill any voids in human services which may result. . . . . REGULAR CITY COUNCIL MINUTES AUGUST 26, 1996 - PAGE 6 City Engineer Brown noted the various projects are progressing. With respect to the water tower, the [mal coat of paint is being applied. The interior of the tank is scheduled for completion by September 20th. Brown noted grading of the pond at the Southshore Senior Center will be commencing. In addition, the watermain on Smithtown Road has been connected. City Attorney Keane noted a variance which was not approved for the Hoyts in June has been challenged in District Court. He stated it is not clear what the Petitioner is requesting the Court to review. The Hoyts are asking the decision of Council be reversed, however, monetary damages are not being sought. 13. MA YOR & CITY COUNCIL REPORTS Councilmember McCarty reviewed the Park Foundation meeting, noting the Watershed District had appeared with respect to the fields proposed for the Minnewashta School. Hurm noted the Watershed District has scheduled another meeting for consideration of this matter. Mayor Bean acknowledged Building Inspector Joe pazandak and stated compliments were received from an area home owner as the result of a new roof which was being put on the home. pazandak inspected the home several times resulting in his discovery of eight items which needed to be addressed by the contractor. Jan Haugen requested an opportunity to address the Council and expressed her appreciation that the final piece had been put in place in the Waterford development. Ms. Haugen commended the Council on their work and the time and energy each spends on the Council. She expressed her regret she will be moving from Shorewood. Ms. Haugen also commended City Staff. 14. ADJOURNMENT Shaw moved, McCarty seconded to adjourn to a Work Study Session at p.m. subject to payment of claims. 9:30 RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ~ ROBERT B. BEAN, MAYOR JAM $\Q4 L ti~ C. HURM, CITY ADMINISTRATOR