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021097 CC Reg Min . . . ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:34 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown. Absent: Councilmember Stover. B. Review Agenda The agenda was accepted as presented for February 10, 1997. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - January 27, 1997 O'Neill moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for January 27, 1997, as amended on Page 5, Sentence 1, change to read, "several people and a councilmember." Motion passed 4/0. B . City Council Executive Session Minutes - February 3, 1997 The City Council Executive Session Minutes for February 3, 1997, were approved as presented. 3. CONSENT AGENDA Mayor Dahlberg read the Consent Agenda for February 10, 1997. McCarty moved, O'Neill seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 97-08, "A Resolution Recommending Allocation of Consolidated CDBG Funds for the Southshore Senior Center Program B . A Motion to Approve and Authorize Execution of Subordination Agreement Associated with Loan for John and Robert Levering C . A Motion to Approve the Annual Half-Marathon Easy Race to Traverse the City - Sunday, May 4, 1997 Motion passed 4/0. . I CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 10, 1997 - PAGE 2 4. MATTERS FROM THE FLOOR Dwayne Laurila, 5595 Eureka Road, expressed concern relative to the quality of the work which was completed on the watermain project. He felt a poor job was done with the repaving of the road. Traffic was diverted on routes where a large hole in the roadway was growing larger. Mr. Laurila expressed concern to city staff with respect to the tolerance of the roadway. In addition, he provided the Council with a photograph depicting the repaving of a stretch of roadway which is in poor condition. Mr. Laurila was disappointed he did not receive a response to his concerns in a more timely fashion. City Engineer Brown explained that upon receiving Mr. Laurila's telephone call, he inspected the site. The contractor was in the final steps of completion. In order to stop the work, Brown would need to have verification the contractor was substantially beyond the specifications. If Brown were to stop the work, the City would bear the cost of immobilization and start up costs if it were proven the City was acting erroneously. Brown explained what he viewed on the site met the specifications. In addition, the OSM inspector was present on the site daily. Brown noted the contractor does provide a warranty period as well. He did speak with Mr. Laurila and inform him he was unable to find a reason to stop the work. City Attorney Dean felt Brown's actions were appropriate. In stopping work on a site, there should be an imminent safety hazard or evidence there is gross error in following the specifications. In the absence of those conditions, Attorney Dean would not recommend stopping the work. He noted there is an opportunity to have problems corrected at a later time through the warranty provision. . Greg Larson, 25535 Orchard Circle, expressed concerns relative to the enforcement of the Watten Ponds Development Agreement. He did not feel the Development Agreement reflects the spirit of the discussions at the public hearing. Mr. Larson commented it is important to provide for accountability on this project. He suggested a formalized reporting function be implemented to assure compliance with the Development Agreement. Planning Director Nielsen noted the Council will further discuss this issue at Agenda Item 10. Ingrid Schaff, 25605 Smithtown Road, noted to date there have been 26 snowmobile related deaths in the state. Ms. Schaff was disturbed by a Tonka Bay Council meeting she observed in which Police Chief Young, Officer Jeff Keller and Water Patrol Officer Schilling were in attendance. The Tonka Bay Council was discussing the issue of snowmobiles with Chief Young. Mayor Haug had discussed possibly implementing the Shorewood snowmobile ordinance in Tonka Bay. At that time, Chief Young suggested the Council not act too quickly adopting such an ordinance and noted Shorewood has a unique problem on the LRT. Ms. Schaff related that Chief Young stated a decibel meter had not been purchased although it was to be a part of the Snowmobile Task Force implementation. Apparently a decibel meter was purchased from Radio Shack, however, the decibel meter would not be valid in the event of a violation. Officer Schilling had offered the Water Patrol's decibel meter as well as an officer to do the monitoring or the training. . Ms. Schaff noted Officer Keller stated to the Tonka Bay Council there are not a whole lot of problems, certainly not as big as some people would have them to be in Shorewood. He went on to say that as of January 28th, he had written only 13 speeding tickets. Ms. Schaff related her understanding there have been approximately 85 to 89 violations which have been ticketed in Shorewood. Of those, 39 tickets were for pre-season violations. CiTY COUNCIL REGULAR MEETING MINUTES FEBRUARY 10, 1997 - PAGE 3 . Ms. Schaff questioned why a police officer from Shorewood went in front of the Tonka Bay Council and gave them inaccurate information. She expressed great concern for the level of commitment from the police department. Ms. Schaff suggested the Council review the financial burden the residents of Shorewood are paying just to monitor snowmobile activity. She expressed concern for the amount of money which has been spent on this process. Ms. Schaff noted her support for Mr. Velikson's proposed restaurant. Dwayne Laurila expressed his opinion if snowmobiles are allowed on the trail, horses should be allowed on the trail as well. Mr. Laurila stated if the Council allows snowmobiles to utilize the trail, he will return in the spring to request horses be allowed on the trail as well. 5 . PARKS - Report by Representative Commissioner Bill Colopoulos reported on the matters considered and actions taken at the January 28, 1997, meeting of the Park Commission (as detailed in the minutes of that meeting). A . Report on January 28, 1997, Park Commission Meeting. B . A Motion to Adopt a Resolution Making Appointments McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97-09, "A Resolution Making Position Appointments to the Park Commission." Motion passed 4/0. . C. Report on Snowmobile Implementation Plan Commissioner Colopoulos noted the Park Commission is interested in hearing from Chief Young and Officer Keller relative to the outcome of enforcement efforts to date. This matter will be further discussed at the February 26, 1997, meeting of the Park Commission at which time concerned residents are encouraged to attend. The Commission will be questioning the officers regarding the nature of the violations they have seen since the ordinance has been implemented. Commissioner Colopoulos stated the Park Commission is concerned that the work of the Task Force not be futile. 6. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken at the February 4, 1997, meeting of the Planning Commission (as detailed in the minutes of that meeting). A Motion Regarding Amendment to the Waterford PUD Development Agreement to Allow On-Site Alcohol Beverage Applicant: Location: Vladimir Velikson 19905 State Highway 7 (Waterford Shopping Center) Mayor Dahlberg presented the results of a random sample survey which he conducted with the assistance of his wife. He pointed out 60 percent of the residents surveyed would oppose a hard liquor license. . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 10, 1997 . PAGE 4 . Mayor Dahlberg noted a request was received from Jeff Shoenwetter to extend the application to March 24, 1997. Bob Slaney, 5900 Covington Road, noted covenant means a promise or a commitment. He did not feel an amendment to be appropriate given this covenant represents a promise or a commitment which was made to the neighborhood. He felt the new Councilmembers had campaigned on the promise of preservation and were now willing to make changes to the covenant. Greg Larson, 25535 Orchard Circle, expressed concern when a PUD is granted and as time goes on, changes are gradually made which undermine the original commitment which was made. He did not want to see this set a precedent. Jim Berdahl, 19205 Waterford Place, concurred with the other public comments which were made. He felt the original covenant should remain in place. Attorney Dean noted there will be an opportunity for further public input when the matter returns for consideration at a future date. McCarty moved, Garfunkel seconded tabling consideration of a motion regarding an amendment to the Waterford PUD Development Agreement to allow on-site alcohol beverage for Vladimir Velikson, 19905 State Highway 7 (Waterford Shopping Center) to March 24, 1997. Motion passed 4/0. 7. CONSIDERA TION OF A MOTION TO WAIVE TRUNK CHARGES . Applicant: Location: Carl Zinn on Behalf of Stephen Larson 20435 Radisson Road Item Nos. 7 and 8 were considered together. 8. CONSIDERA TION OF A MOTION TO WAIVE TRUNK CHARGES Location: Carl Zinn on Behalf on Tom and Mary McCary 6010 Ridge Road Applicant: Nielsen pointed out if the Council were to elect not to impose the charges, this would require an amendment to the current ordinance. City staff felt this would be premature until such time as the discussions relative to water have been held. Nielsen noted if the applicants are interested in having their lots recorded before a decision is made, the City could have them contingent on the trunk water charges being assessed. If there is ultimately a change in policy, an abatement of the charges could be considered. Carl Zinn appeared and commented the property owners simply wanted their request on record. The property owners do not feel municipal water will come to Ridge Road. They feel they are paying in advance for something that will never exist. Mr. Zinn inquired if the charges could be assessed against the subdivider's property to allow for the sale of a lot which would be free of assessments. Nielsen felt this could be discussed. . Administrator Hurm clarified the property owners would need to request that the charges be assessed to the property. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 10, 1997 - PAGE 5 . 9. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION ESTABLISHING A NO PARKING ZONE ON EUREKA ROAD AND ORCHARD CIRCLE Nielsen pointed out the contractors have been instructed to park on the site. Councilmember O'Neill felt there would be a problem with large trucks which are delivering and picking up heavy equipment or materials. It was the consensus of the Council to amend the wording of the Resolution to reflect that parking will be prohibited on both sides of Eureka Road from Valleywood Lane to Birch Bluff Road from 6:00 a.m. to 6:00 p.m. daily. O'Neill, moved, Garfunkel seconded, adopting RESOLUTION NO. 97-10, "A Resolution Establishing a No Parking Zone on Eureka Road and Orchard Circle." Motion passed 4/0. Mayor Dahlberg recessed the meeting at 9:25 p.m. and reconvened at 9:36 p.m. 10. ADMINISTRATOR & STAFF REPORTS A. Administrator's Report on Christmas Lake Water Quality Report - Request for Additional Funds McCarty moved, O'Neill seconded authorizing additional funds in the amount of $3,200 for the Christmas Lake Water Quality Report. Motion passed 4/0. . Councilmember McCarty expressed concern that this situation not develop into a pattern and that in the future the City receive notice if the expected cost is going to increase. B . Staff Report on Development Monitoring A meeting was held with the developer of Watten Ponds, Mayor Dahlberg, the tree removal contractors, City Engineer Brown, Planning Director Nielsen, and Building Official pazandak. The ground rules, including hours of operation, were reviewed. Several visits have also been made to the site. Mayor Dahlberg stated he would like to further discuss the issue of accountability. C . Future of Animal Control Contract with Chanhassen Administrator Hurm explained there are potential problems relative to animal control which need to be discussed. At the present time, the animals in Shore wood are taken to the animal clinic in Chanhassen. Hurm suggested at some point in the future the City may want to consider constructing a building for purposes of animal control. Hurm noted there are 20 hours of response spent in Shorewood. A proposal from Chanhassen will be forthcoming with respect to increased hours for community service officers. He expects the City will be asked to contract for additional hours. Councilmember O'Neill felt Chanhassen, being a more industrial area, would be an appropriate location for an animal control building. Hurm suggested possibly considering a partnership with the Humane Society. . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 10, 1997 - PAGE 6 . D. Hennepin County Community Development Block Grant Pool Hurm reported over the last several years, Shorewood has received an allocation of CDBG Funds to benefit low to moderate income people. This project is administered by Hennepin County. Municipalities with a population of less than 50,000 band together. The allocation to Shorewood is approximately $18,000. Hurm noted funds have been set aside for the operation of the senior center. The remainder of the funds could be applied to comprehensive planning and a housing rehabilitation program. A suggestion for future years would be to work with the southshore communities on projects such as senior housing. E. Attorney's Report on Pending Legal Matters Attorney Dean and Mayor Dahlberg met with Mr. Johnson and his attorney. As a follow up to that meeting, the City has now received a comprehensive settlement offer to settle all matters between Mr. Johnson and the City. The offer will be reviewed in the next several days and Attorney Dean will return to the Council with recommendations relative to the proposed settlement. Several contacts have been made with Lee Bache. Efforts are being pursued to bring back to the floor settlement discussions which may involve seeking an order of the Court directing there be a settlement conference between the parties. . Engineer Brown reported that SBA Sprint Spectrum has completed the building permit review process. A study from the communications consultant has been completed and the proposed frequencies will not interfere with the existing frequencies the public safety departments utilize. The applicant must submit a Letter of Credit relative to landscaping items to ensure those are completed. The applicant has prepared a Water Tower Space Lease Agreement and Memorandum of Water Tower Space Lease Agreement. This document will be recorded against the property noting there is an agreement between the two parties rather than recording all of the terms of the agreement. Engineer Brown gave a brief review of the Shady Island Bridge matter. City staff and Counsel investigated issues relative to liability in light of the fact the residents of Shady Island requested a bridge which does not meet the current engineering standards. It was determined a memorandum should be placed in the file outlining the reasons the Council took such action such as economic concerns and impact to Lake Minnetonka. The insurance carrier and OSM have been able to agree on the language to include in the contract. OSM has agreed to move forward with the design and the plans are complete and await agency review. The DNR and the Watershed District are now reviewing the plans. Staff will meet with the Bridge Advisory Committee to ensure all input is addressed. It is expected the plans and specifications will be brought before the Council for consideration in March. 11. MAYOR & CITY COUNCIL REPORTS Excelsior Mayor Finch has been in contact to set up a meeting with Mayor Dahlberg and one councilmember. Councilmember O'Neill volunteered to attend. . . . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 10, 1997 - PAGE 7 12. ADJOURNMENT Garfunkel moved, McCarty seconded to adjourn the meeting at 10:22 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: J OR