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032497 CC Reg Min . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, MARCH 24, 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 7:35 p.m. A. Roll Call Present: Mayor Dahlberg; Counci1members Stover, McCarty, O'Neill and Garfunke1; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown. Review Agenda B. Councilmember McCarty suggested moving the report on the open forum prior to consideration of Agenda Item 7B. The agenda was accepted as amended for March 24, 1997. 2. APPRO V AL OF MINUTES A. City Council Work Session Minutes - March 10, 1997 The City Council Work Session Minutes for March 10, 1997, were approved as submitted. . B . City Council Regular Meeting Minutes - March 10, 1997 McCarty moved, O'Neill seconded approving the City Council Regular Meeting Minutes for March 10, 1997, as amended on Page 2, Item SA, change "Trettle" to "Trettel"; Page 4, Paragraph 9, Sentence 4, change "objection" to "objective." Motion passed 4/0. (Councilmember Stover abstained.) C . City Council Executive Session Meeting Minutes - March 10, 1997 O'Neill moved, Garfunkel seconded approving the City Council Executive Session Meeting Minutes for March 10, 1997, as submitted. Motion passed 4/0. (Councilmember Stover abstained.) . D . City Council Work Session Meeting Minutes - March 12, 1997 Garfunkel moved, McCarty seconded approving the City Council Work Session Meeting Minutes for March 12, 1997, as amended on Page 5, Paragraph 3, change "questioned" to "asked about." Motion passed 4/0. (Councilmember Stover abstained.) E. City Council Work Session Meeting Minutes for March 14, 1997 The City Council Work Session Meeting Minutes for March 14, 1997, were approved as submitted. REGULAR CITY COUNCIL MINUTES MARCH 24, 1997 - PAGE 2 3. CONSENT AGENDA . Mayor Dahlberg read the Consent Agenda for March 24,1997. Stover moved, McCarty seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 97 -19, "A Resolution Approving the Final Plat of Larson Estates for Stephen and Lucinda Larson, 20435 Radisson Road." B. A Motion Adopting RESOLUTION NO. 97-20, "A Resolution Making Appointments to the Park Foundation." C. A Motion Adopting RESOLUTION NO. 97-21, "A Resolution Approving a 1997 Refuse Hauler's License." Motion passed 5/0. 4. PRESENTATION BY JIM DANIELS ON LAKE MINNETONKA COMMUNICA TIONS COMMISSION ADVISORY BOARD . Jim Daniels, Lake Minnetonka Communications Commission Executive Director, appeared to address the Council. He explained the history of the Commission and noted it has been in place for approximately 14 years. The Commission was active in working with Congressmen Ramstad and Menge during the consideration of the Telecommunications Act which was enacted by Congress. Mr. Daniels explained the Commission is available and willing to act in an advisory capacity to the Council as telecommunications progress and new technology becomes available. The Commission has the authority to negotiate the cable contract which crosses the boundaries of the surrounding 14 cities. Mayor Dahlberg asked how the Council can ensure the Commission is providing advice which is objective and well informed. Mr. Daniels stated the Commission has been acting in that capacity for the past several years relative to PCS and rights-of-way. He explained the Commission has kept the Council informed on these issues. Councilmember O'Neill asked if the Council has veto power over what will happen in Shorewood relative to the negotiations of the cable contract. Mr. Daniels stated each city has the potential of two full commissioners on the Board. City Attorney Dean asked if the Commission envisions finding itself in a conflict situation when advising the City relative to other forms of communication while at the same time dealing with the cable franchise. Mr. Daniels stated he did not feel there would be any possibility of conflict given the presence of the Telecommunications Act. Attorney Dean inquired relative to the expenses of making investigation and noted the reference to the expense being borne by either the Commission or the communication provider. He asked whether an expense borne by the Commission would ultimately be borne by the member cities. Mr. Daniels stated the Commission is financed by the franchise fee which would be used for such things as legal proceedings. If the City would request some type of expert technical advice, that expense would be passed on to the applicant and not the City. . . . . REGULAR CITY COUNCIL MINUTES MARCH 24, 1997 - PAGE 3 Mayor Dahlberg asked if the participating cities contribute funds to the Commission or if it is funded by the applicants. Mr. Daniels explained the Commission is funded by the franchise fees which are derived from Triax Cable. Administrator Hurm clarified it is funded by the users of the cable because the cable company is still required to pay the franchise fee. Mr. Daniels stated the Commission is not in a position to be lobbied by a cable company. Councilmember Stover inquired whether other cities have expanded the role of the Cable Commission as well. Mr. Daniels was not certain of this. McCarty moved, Stover seconded directing staff to prepare a resolution amending the Joint and Cooperative Agreement with the Lake Minnetonka Communications Commission. Motion passed 5/0. 5. MATTERS FROM THE FLOOR Police Chief Rick Young addressed the Council relative to the snowmobile issue. Chief Young responded to comments which were made to the Council at the February 24, 1997, City Council meeting. He stated he would be addressing the actions taken by the Police Department relative to the Snowmobile Task Force recommendations. With regard to the Task Force recommendation that one officer be trained for snowmobile patrol with another backup officer also trained, Chief Young pointed out Shorewood has only one officer. It would be a decision of the Coordinating Committee to determine if an additional officer should be assigned. In addition, arrangements have been made to have three additional officers trained for snowmobile patrol backup. Chief Young stated the City purchased a snowmobile and equipped it for law enforcement use as well as equipping the Shorewood officer with the proper equipment. With respect to South Lake Minnetonka Public Safety Department training on safety and enforcement, Officer Keller trained the other officers of the department at a department meeting prior to the start of the snowmobile season. Chief Young stated the Snowmobile Task Force recommendation was to institute a zero tolerance policy with respect to impounding vehicles for curfew violations and other violations where it is appropriate. He stated there is no reference in the snowmobile report which indicates that it was decided to implement a zero tolerance policy on all violations, but was limited to impounding snowmobiles when legally possible. Chief Young noted Officer Keller has coordinated the Department's efforts with the State of Minnesota Department of Natural Resources Conservation Officers and the County Sheriffs Department Water Patrol, the County Park Rangers and the Chanhassen Public Safety Department. An interim report was presented to the Park Commission in which Conservation Officer Mike Hammer stated the 2.5 miles of the LRT under the Shorewood jurisdiction is the most patrolled section of snowmobile trail in the state with respect to the number of enforcement hours spent on a small section of trail. In addition, the DNR officers have stated the volume of violations are on average lower on the LRT than other areas in the state. Chief Young stated an officer was sent to DNR school to become a snowmobile safety instructor. A snowmobile safety class conducted by that trained officer has been held for area children. Chief Young stated the collection of data is being completed and a season end report will be presented to the Park Commission on April 22, 1997. He stated it is impossible from a staffing standpoint to collect data on a monthly basis. . . . REGULAR CITY COUNCIL MINUTES MARCH 24, 1997 . PAGE 4 Chief Young explained zero tolerance could mean that all violators are stopped and enforcement action taken. From a police officer's standpoint, an enforcement action would be a verbal warning, a written warning, a citation or a physical arrest. He stated an officer will not take an enforcement action which cannot be backed up in court. The issuance of citations which cannot be substantiated in court would hurt the credibility of the Police Department. Chief Young did not feel the officers should be criticized for doing what their training and experience tells them they have to do. Chief Young noted when numerous complaints are made from a particular complainant, the reported action identifies that person or location so that the actions taken as a result of that complaint can be correctly identified. Chief Young pointed out the snowmobile laws and ordinances have been vigorously enforced in the City of Shorewood. Mayor Dahlberg asked under what circumstances a snowmobile would be impounded. Chief Young stated the main reason would be when it is impossible for the snowmobile to be legally driven further such as with drunk driving or curfew violations. The report at the conclusion of the season will reflect the number of machines which were impounded this season. Chief Young stated one machine which was impounded will not be allowed to be retrieved due to drug involvement. Mayor Dahlberg questioned whether Chief Young was aware the Snowmobile Club feels the signage on the trail needs to be enlarged. Chief Young was unaware of this and felt it should be discussed at the Park Commission meeting during consideration of this issue. Councilmember Stover stated the Council did take action following the Task Force recommendation which resulted in some adjustment to the recommendations. She pointed out the Council implemented a 100 percent zero tolerance. Councilmember McCarty also noted this to be the case. Chief Young stated the Police Department would need to be given an explanation of what the Council's intent is with regard to zero tolerance. Councilmember Stover felt the Council's intent was to find whether the laws and regulations could be enforced to the maximum extent possible. Mayor Dahlberg felt progress was being made in resolving misunderstandings relative to what had been agreed upon and that this would help future efforts. Councilmember McCarty expressed appreciation for the efforts of the Police Department relative to snowmobile enforcement. 6 . PARKS - Report by Commissioner Sandy Trettel In the absence of Commissioner Sandy Trettel, Councilmember McCarty reported on the matters considered at the March 11, 1997, work session meeting of the Park Commission (as detailed in the minutes of that meeting). 7. PLANNING . Report by Representative Commissioner Kolstad reported on the matters considered and actions taken at the March 4, 1997, meeting of the Planning Commission, as well as the March 18, 1997, work session of the Planning Commission (as detailed in the minutes of those meetings). . ' REGULAR CITY COUNCIL MINUTES MARCH 24, 1997 - PAGE 5 . A. A Motion to Direct Staff to Prepare Findings of Fact Regarding Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet Applicant: Location: Mary Reutiman 5965 Eureka Road Stover moved, McCarty seconded directing staff to prepare a Findings of Fact approving a Conditional Use Permit for accessory space in excess of 1,200 square feet for Mary Reutiman, 5965 Eureka Road, subject to staff recommendations. Motion passed 5/0. REPORT ON OPEN FORUM Mayor Dahlberg explained an open forum had been held prior to the Council meeting to give the Council a chance to discuss with concerned residents the request for an amendment to the Waterford PUD Development Agreement to allow on-site alcohol beverage at the Waterford Shopping Center. The Council expressed their appreciation to the residents who attended the open forum. Councilmember Stover suggested recapping the discussions which were held. . Mayor Dahlberg explained the nature of the request being made by Mr. Velikson and noted the residents who attended the forum were opposed to an amendment to the PUD Development Agreement. Councilmember Stover noted there had been discussions that if something were discovered during the meeting which had not become known at the public hearing, this information would be brought to the attention of the Planning Commission. She felt the issues which were discussed during the meeting were already a part of the public record. She noted the discussion centered around the concept of PUD's as well as the difficulty with intersections which are not patrolled as often as they previously had been. Councilmember Stover did not feel any new information had been brought forward. Councilmember O'Neill suggested anyone in attendance who would like to put their comments on the record should feel free to do so. B. 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 noted the applicant, Vladimir Velikson, was not in attendance. Councilmember McCarty felt after speaking with the residents that a promise had been made to the neighborhood and she felt it was the duty of the Council to keep that agreement. She wants this to be a community which stands by its promises and stated she would vote against this request. Councilmember Garfunkel was in agreement and felt the City needs to develop a reputation of keeping its contracts. . . . . REGULAR CITY COUNCIL MINUTES MARCH 24, 1997 - PAGE 6 Councilmember Stover explained the Waterford PUD took a number of years to develop. She felt the Council should honor its contracts. Councilmember Stover noted the developer could have applied for commercial and residential zoning at the time of the development and the developer chose to apply for a PUD with the full knowledge there were many restrictions involved. She recalled there had been considerable citizen input at that time and a compromise was reached between the developer and the City. She stated she would not vote in favor of this request. Councilmember O'Neill was in agreement with the other councilmembers and felt if an amendment were to be made, there would be additional requests for further amendments. He expressed his appreciation to the citizens who appeared at the open forum. Mayor Dahlberg stated there may be agreement there should be a restaurant of this type in Shorewood, yet there is an argument that the PUD covenant should not be changed. He felt the residents of Shorewood want consistency and are opposed,to changes in contracts such as these covenants. Stover moved, McCarty seconded approving RESOLUTION NO. 97-22, "A Resolution Denying an Amendment to the Planned Unit Development Agreement for Waterford Phase III." Motion passed 5/0. 8. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE ESTABLISHING A MORATORIUM ON ADULT ESTABLISHMENTS Mayor Dahlberg inquired as to constitutional issues relative to this matter. Attorney Dean stated this is a difficult area, fraught with a potential for litigation, however, the City has a legal authority to adopt a moratorium relative to adult establishments. Garfunkel moved, O'Neill seconded adopting an ordinance establishing a moratorium on adult establishments. Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT THE COMMUNICATIONS PLAN Administrator Hurm explained the proposed Communications Plan. Mayor Dahlberg remarked the Council has held a number of work sessions to develop a Communication Plan which will increase communications between the City and the citizens of Shorewood. Mayor Dahlberg noted he has received positive feedback relative to the new format being used with the monthly newsletter. He expressed his appreciation to Councilmember Garfunkel and City staff for the time and effort which has been dedicated to the establishment of this plan. Administrator Hurm felt the measurement of effectiveness is still a weak area and felt measures could be established as the plan progresses. Mayor Dahlberg remarked that Planning Commissioner Turgeon has raised several valid points relative to the measurement of effectiveness which need to be addressed. Councilmember McCarty was encouraged to see a plan being put into effect and remarked in the two years she has been on the Council, there has been a concern relative to improved communications. She stated this must be a cooperative effort with the citizens of the City and citizens must take responsibility to work with the Council on this issue. . . . REGULAR CITY COUNCIL MINUTES MARCH 24, 1997 - PAGE 7 Councilmember Stover felt the Council has always attempted to communicate as much as possible. She felt the City should focus on offering classes to residents and inquired how many students would be required before the City would hold the class. Hurm suggested developing a rapport with the various neighborhood groups through which there may be people interested in the class. Councilmember Stover expressed a desire to participate in those discussions. She suggested if the City should decide to focus in on certain aspects of the plan, the major focus should be on citywide issues as opposed to concentrating on less population type issues. Councilmember O'Neill was concerned with the cost associated with the number of proposed mailings in the plan and felt in certain situations a sign may be more cost effective. Administrator Hurm commented it is the intent to have a report which would come early on to the Council identifying the ways in which staff would suggest an approach to a particular project. Councilmembers Stover and McCarty noted their agreement. and concern relative to the number of mailings which are proposed throughout the plan. Councilmember Stover raised a concern relative to overkill to the point where the plan becomes ineffective. Councilmember O'Neill expressed appreciation to Planning Director Nielsen relative to the map which was included in the newsletter. Hurm suggested when a communication strategy is being contemplated the Council be consulted relative to questions or suggestions they may have. Councilmember O'Neill would like there to be some mention in the newsletter of the Home Page which would encourage residents to utilize this option. Garfunkel moved, O'Neill seconded adopting to the Communications Plan. Motion passed 5/0. Mayor Dahlberg recessed the meeting at 9:33 p.m. and reconvened at 9:42 p.m. 10. A MOTION TO ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF TWO DUMP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT Mayor Dahlberg questioned whether this is a purchase which must be made this year. He stated there is a potentially tight budget over the next couple of months. Councilmember Stover stated over the years due to Council's conservative spending, the trucks were found severely outdated and the Council was struggling to attempt to upgrade the trucks. At that point, the Capital Improvement Plan was equipped with a method by which to keep the trucks as current as possible. Over the years it has become less expensive to replace trucks rather than repair them. This program has kept the expense on a consistent level. Councilmember Stover stated she would highly recommend staying with this program. Councilmember McCarty noted the expense would increase after April 1 due to the addition of anti- lock brakes. Engineer Brown stated serious consideration is given to the purchases. He further stated it is extremely important the trucks be maintained in top condition for safety considerations. Councilmember Garfunkel noted anti-lock brakes are a safety feature and asked if they are considered a non-cost effective safety feature. Brown stated truckers have commented that due to the amount of weight they are carrying, their stopping distance is increased. He was unaware of any data on this issue. He noted this issue is in constant debate. . . . 'J . REGULAR CITY COUNCIL MINUTES MARCH 24, 1997 - PAGE 8 Hurm stated the funds have been budgeted and it is important to keep the integrity of funds such as this even in a tight budget year and to not use the funds for other purposes. Brown noted lease programs were considered, however, this was determined to be an expensive route to follow. It is expected the lease option would cost approximately $4,500 to $5,000 more than purchasing the trucks. Mayor Dahlberg asked about the maintenance which would be covered by the leasing company. Brown stated the leasing company will pay for major items of repair, but not standard maintenance. Hurm remarked the City would be borrowing the money from the general fund and paying it back at 5 percent interest. Councilmember O'Neill questioned the accessories and asked whether these could be reused from the old trucks. Brown stated the lights are built into the box and the trade-in value assumes the options, excluding the radios, will remain on the truck. Brown stated the radios will be used in the sweeper and one other vehicle. Brown pointed out $72,000 per truck had been budgeted for this purchase. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-23, "A Resolution Authorizing the Purchase of Two Dump Trucks for the Public Works Department." Motion passed 5/0. 11. ADMINISTRATOR & STAFF REPORTS A . Staff Report on Development Monitoring Nielsen stated road restrictions are in effect and there has not been much activity. Mayor Dahlberg and Brad Nielsen met with Greg Larson relative to monitoring of the development particularly with respect to tree preservation and wetland protection as well as a plan for reporting. B. Planner's Report on Watten House Demolition Nielsen noted this issue was addressed at the previous meeting. The developer has been doing a good job with tree protection and not removing trees which have been identified to be saved. C. Engineer's Report on Inspection/Repair of Southeast Well Engineer Brown stated it has been seven years since inspection of the well. Once antenna construction is completed on the water tower, the well will be pulled, a rental well installed and lab work completed on the well at that time. Residents will not be affected by this work since the water tower will be full prior to the work being undertaken. D . Christmas Lake Boat Access Engineer Brown stated he met with the Christmas Lake Association along with Mayor Dahlberg. The Association requested the placement of a gate across the boat access due to theft of equipment from docks and boats from people utilizing the lake late into the evening. Brown noted further input is necessary from the DNR to determine whether it is consistent with their requirements. Input will also be sought from the neighborhood associations. Mayor Dahlberg noted the agreement calls for the closing of the access at 10:00 p.m. in an effort to discourage criminal activity . .. ~ REGULAR CITY COUNCIL MINUTES MARCH 24, 1997 - PAGE 9 . Mayor Dahlberg noted concern which was raised relative to the installation of the cellular antenna on the water tower. There is a concern the construction of the antenna appears as if the rack would allow for installation of microwave repeating stations. The resident commented this would not be a desirable situation. Brown stated the concern was relative to the amount of power being transmitted at the site and whether it is a microwave as well as a repeater site. Brown stated it is not considered a repeater site, but simply a transmitter site. The resident expressed concern relative to enormous amounts of power drawn through the site and whether it would affect the water in the tower. Brown stated it is a very low power system and not in proximity to affect the water system. Since the parts are grounded, there would not be any chance of electrical interference being transmitted through the w~ter system. It is not in the range of a microwave transmission. Mayor Dahlberg inquired whether the contract guarantees the vendor will not be permitted to install a microwave repeater on the tower. Brown stated the contract prohibits the use of microwave repeaters. The City has the ability to inspect the equipment at any time to ensure additions have not been made which were not included in the original agreement. Nielsen stated the Conditional Use Permit specifies the City has control over the style and type of antennas and specifically precludes dish-type antennas. Administrator Hurm reported an invitation has been received from the Fire Chief to attend a special demonstration of the Cairns Iris Unit. The demonstration is scheduled for Thursday, March 27, 1997, at 7:30 p.m. at the Excelsior Fire Station. . 12. MAYOR & CITY COUNCIL REPORTS Report on Open Forum This item was considered prior to consideration of Agenda Item 7B. Councilmember O'Neill commented on the April 2, 1997, Board of Review. He stated he would like something from the assessor prior to the meeting relative to a historical breakdown of the values in the city and information relative to the current property tax increases. Hurm will supply the report as soon as possible. Mayor Dahlberg also commented on the increase in property values. He expressed concern relative to residents on fixed incomes dealing with increased property taxes. Councilmember O'Neill asked if the Council would be in favor of sponsoring a contest to name the newsletter. Councilmember Stover suggested a contest for school age children. Councilmember O'Neill suggested a small monetary prize and that the contest be open to children in Shorewood. Council was in agreement with this suggestion. . Councilmember O'Neill would like staff to provide information relative to land which is available to be subdivided within Shorewood. Councilmember Stover cautioned to be careful in suggesting a moratorium. Councilmember O'Neill stated he would not want to infringe on anyone's rights. Mayor Dahlberg reported he has been subpoenaed to testify on the Bache case. Mayor Dahlberg reported a summit meeting is scheduled for Thursday, April 10th at 6:00 p.m. with several mayors and interested councilmembers to discuss the South Lake Stormwater Management Plan. ",f1 ...... . . . REGULAR CITY COUNCIL MINUTES MARCH 24, 1997 - PAGE 10 Mayor Dahlberg stated Mr. Rollie Peterson would like to meet with City staff as soon as possible to discuss the stormwater situation in Harding Acres. 13. ADJOURNMENT Stover moved, McCarty seconded to adjourn the meeting at 10:37 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: c1Z fJ dt /1 TOM-DAHLBERG:'- YO-R"--- .: I ( lc))/f\.QJ C 11 / A IVV1/\ / jAWlS-C.ffij~1TYADMiNlSTRATor--- , I' V