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052797 CC Reg Min r ; . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING TUESDAY, MAY 27, 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 7:30 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney Ron Batty; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director AI Rolek. Review Agenda B. Administrator Hurm noted a request from Brian Tichy, South Tonka Little League, for an institutional sign. He requested this matter be added to the agenda as Item 6C. C . Appreciation to Troop 424 for Assistance at Clean-up Day Mayor Dahlberg expressed appreciation to Troop 424 for their assistance in the spring clean up at the Goodwill trailer. . The agenda was accepted as amended for May 27, 1997. 2. APPROVAL OF MINUTES A . City Council Regular Meeting Minutes - May 12, 1997 McCarty moved, Stover seconded approving the City Council Regular Meeting Minutes for May 12, 1997, as amended on Page 4, Paragraph 6, Sentence 2, change to read "could be traded off for higher inventory turn over"; Page 8, Item 11, Paragraph 2, change "silk" to "silt"; Page 9, Paragraph 2, Sentence 1, change to read, "remove a protected tree and simply accept a fine." Motion passed 5/0. B . City Council Executive Session Minutes - May 12, 1997 The City Council Executive Session Minutes for May 12, 1997, were approved as submitted. C. City Council Work Session Minutes - May 19, 1997 The City Council Work Session Minutes for May 19, 1997, were approved as submitted. 3. CONSENT AGENDA . Mayor Dahlberg read the Consent Agenda for May 27, 1997. Stover moved, O'Neill seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: CITY COUNCIL REGULAR MEETING MINUTES MA Y 27, 1997 - PAGE 2 . A Motion Authorizing Advertisement for Bids for Joint Seal Coating Project with Tonka Bay B. A Motion Adopting RESOLUTION NO. 97-40, "A Resolution Approving Intoxicating Liquor License On-Sale, Intoxicating Liquor & Special Sunday Sales - Minnetonka Country Club" A. Motion passed 5/0. 4. MATTERS FROM THE FLOOR George Greenfield, 24715 Yellowstone Trail, commented on the Board of Review in which Mayor Dahlberg encouraged residents to contact their state representatives relative to the property tax issue. He stated he made two attempts to contact Senator Oliver with no response. After making a third call to Senator Oliver, Mr. Greenfield did receive a response, however, he expressed his opinion that Senator Oliver is not responsive to the concerns of his constituents relative to property taxes. He noted Senator Oliver and his colleagues were unable to come to any meaningful reform with respect to people who are running the risk of losing their homes because of the property tax system. 5. INTRODUCTION AND DISCUSSION WITH LAKE MINNETONKA CONSERVATION DISTRICT EXECUTIVE DIRECTOR, GREG NYBECK . Greg Nybeck introduced himself and gave a brief recitation of his personal background. He explained the original function of the Lake Minnetonka Conservation District is to address concerns relative to sewage disposal in the lake. The LMCD represents 14 lake communities around Lake Minnetonka and addresses issues such as multiple and residential docks, as well as providing a comprehensive set of ordinances which are enforced by the Hennepin County Water Patrol. The LMCD has ongoing projects such as the milfoil harvesting program and the zebra muscle spray- down program for special events. The LMCD has recently passed a spray-down requirement for boats which have been in infested zebra muscle waters and are scheduled for participation in special events. Prior to participation in an event, any watercraft which has been in infested water must have been dry for five days prior to participation in the event. If it has not, it will have to be inspected and washed by a licensed LMCD personnel. Mr. Nybeck noted the LMCD will hold a draft budget meeting on May 28, 1997, to address the 1998 budget. He noted invitations will be extended to City staff and Council as well as anyone else wishing to attend a meeting at the LMCD to incorporate any comments the cities may have. The LMCD will have an adopted budget submitted to each city by July 1, 1997. Mr. Nybeck reported the Minnetonka Beach situation relative to the dock sites and the licensing of docks has been resolved to everyone's satisfaction. Mr. Nybeck also reported on the Bill Hawks situation in Halsted's Bay. The DNR rules do not allow for structures within 50 feet of the shoreline. They considered a boat house a structure and effective 1978, a boat house could no longer be built. Mr. Hawks had made application with the City of Minnetrista to build a boat house or a rail system to store an antique boat in a covered facility. His application was rejected. Mr. Hawks then built a boat house on floats and had it licensed as a boat. Since that time an ordinance has been passed that a boat cannot store another boat. There is litigation pending in this matter. . . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 27, 1997 . PAGE 3 Councilmember O'Neill noted several residents in the Boulder Bridge neighborhood have expressed a desire to expand their docks. He requested information relative to their request. Councilmember O'Neill inquired of the LMCD's opinion relative to neighborhood docks on Eureka, west of the beach. Mr. Nybeck stated the LMCD is probably not aware of many of the docks which are located on the end of fire lanes since the LMCD works on a complaint basis. If a neighborhood dock is on public land, such as a fishing dock, Mr. Nybeck felt this could be accommodated, however, he would need further information relative to how the fire lane is deeded. Councilmember Stover recalled the City has in previous years received a design plan of the multiple dock from the LMCD. Mr. Nybeck stated this practice has been discontinued, however, if this is information the Council would like to have, he felt it could be provided. 6 . PARKS . Report by Representative A. Report on May 13 Park Commission Tour and Meeting Councilmember McCarty reported on the matters considered and the actions taken by the Park Commission at their Tour and Meeting of May 13, 1997 (as detailed in the minutes of that meeting). B . A Motion to Adopt a Resolution Making an Appointment to the Park Commission Councilmember McCarty commented all of the candidates were exceptional and noted there will be three openings on the Park Commission at the end of this year. Garfunkel moved, McCarty seconded, adopting RESOLUTION NO. 97-41 "A Resolution Making an Appointment of Ann Packard to the Park Commission." Motion passed 5/0. C. Consideration of a Request by the South Tonka Little League for an Announcement Board to be Placed at Freeman Park Planning Director Nielsen pointed out this sign cannot contain advertisements of any kind, only schedule related information. Councilmember McCarty inquired relative to the possibility of vandalism of a sign of this type. Nielsen stated there are concerns of vandalism with anything in the park, however, the sign will have double closing doors which should hinder vandalism to some extent. Dahlberg moved, O'Neill seconded, issuing an institutional sign permit for the South Tonka Little League for a sign to be placed at Freeman Park, waiving the $20.00 application fee. Motion passed 5/0. Administrator Hurm reported $5,500 has been raised in donations for the purchase of sod for the Badger Park football field. He stated if the City were to match funds in the amount of $2,000 the larger sod rolls could be purchased. The City has allocated in the Capital Improvement Plan matched funds of $3,500. The request being made at this time is for an additional $2,000. Engineer Brown explained the large sod rolls are handled by machine only. They are preferable with the upcoming football season as opposed to the half yard segments which would requiring some time to knit together. CITY COUNCIL REGULAR MEETING MINUTES MAY 27, 1997 . PAGE 4 . Councilmember Stover was in favor of matching the funds to obtain the large sod rolls. Councilmember McCarty felt this to be a better way to do the job and will avoid future problems with the sod as well. McCarty moved, Stover seconded approving disbursement of an additional $2,000 from the Park Fund to match funds for sod at Badger Park football field. Motion passed 5/0. 7. PLANNING . Report by Representative A Motion to Adopt a Resolution Approving a Conditional Use Permit for a Picnic Shelter at Freeman Park Applicant: Location: City of Shorewood Freeman Park Planning Director Nielsen reported on the matters considered and action taken by the Planning Commission at their meeting of May 20, 1997, (as detailed in the minutes of that meeting). McCarty moved, Stover seconded, adopting RESOLUTION NO. 97-42, "A Resolution Approving a Conditional Use Permit for a Picnic Shelter at Freeman Park for the City of Shorewood." Motion passed 5/0. 8. DISCUSSION OF DEMOLITION OF EXISTING RESIDENCE - WATTEN PONDS . Mayor Dahlberg inquired whether a site plan has been submitted. Nielsen explained a site plan has not been received, however, the lot would be treated the same as other lots within the project with the exception of the two northern most lots. Those lots are subject to shoreland restrictions and have a 25 percent hardcover limitation. The project itself will require custom grading and would need to be in conformance with the tree preservation plan. Councilmember O'Neill inquired whether the house would be subject to existing zoning or the PUD agreement. Nielsen stated anything built in this particular area will have to meet the setbacks which have been established for the project in the PUD agreement. Councilmember Stover questioned whether the tree preservation policy would apply to the demolition process. Nielsen stated there is a condition in the permit which requires the placement of tree protection fencing around the trees prior to the start of any work. Mayor Dahlberg noted his understanding if any of the trees are damaged during the demolition process, sanctions would be imposed in accordance with the plan which is in effect at the present time. Nielsen stated there would be a requirement for tree replacement through the tree preservation policy. He noted the Planning Commission will be reviewing the policy with respect to more severe sanctions. Greg Larson, 25535 Orchard Circle, felt the spirit of the PUD agreement and the intent of the prior Council and Planning Commission were that there would be nine new houses as opposed to ten. He inquired how the development agreement could be changed to allow for this point to have been excluded from the development agreement. . CITY COUNCIL REGULAR MEETING MINUTES MA Y 27, 1997 - PAGE 5 . Mayor Dahlberg inquired whether it is implicit in the agreement that the house remain. Attorney Batty stated generally speaking, the agreements are open to public discussion and brought back to Council for further approval. Normally buildings are subject to demolition and if a particular building were not to be subject to demolition, this should have been specified in the agreement. Nielsen remarked the indications early on were that the house would stay, however it would be remodeled and updated. Mr. Larson felt a loophole in the agreement is now allowing the demolition of the existing home and the addition of a tenth home. Councilmember O'Neill noted his recollection of the discussions at the time of the hearings was that the house would remain. Councilmember Stover recalled her understanding at the time of the PUD was there would be ten houses, whether they were all new or nine new plus the one existing home. Councilmember McCarty felt if the demolition does not violate any ordinances or statutes, the Council cannot deny the request. Mayor Dahlberg inquired whether there had been statements made during the public hearings that the house was to remain. Attorney Batty expressed his opinion the resolution and the PUD are what must be relied upon. He felt the written record reflects the issues which were significant to the Council at the time of their decision. Mayor Dahlberg asked whether there is a liability if during a public hearing a situation is described in a certain way and then a change is made subsequently. Councilmember Stover commented what is perceived and what is understood is not always the same. Once a written resolution is developed, the written words are measured prior to the Council voting on that resolution and what . is heard or perceived in a public hearing may not be included in the written agreement. Dwayne Laurila, 5595 Eureka Road, commented on the change in the placement of the driveway of the Watten home and he recalled a specific mention during the public hearings of the house remaining. He stated there is a reference to the nine new homes and one existing home site in a letter from Nielsen. Mr. Laurila feels the development company is taking advantage of a loophole in the agreement. Councilmember Garfunkel stated unless the home is going to be given a historic designation, there would be no prohibition in the future against the home being demolished. He felt this a lesson to be learned and if this were an important part of the PUD agreement, he felt it would have been included. Mr. Laurila noted demolition of the home has already begun. Engineer Brown explained activity had been noticed as well as damage to the home. The developer was issued a stop work order as well as a citation. Mr. Laurila commented there was actually nothing wrong with the home. Nielsen explained there had been substantial water damage to the home. Mayor Dahlberg asked Attorney Batty if he is confident there are no grounds for action to be taken against the City on the basis the PUD has been changed since the public hearing. Attorney Batty did not feel there were any reasonable grounds with which to pursue the City. Councilmember O'Neill questioned whether the City could successfully defend a denial of the demolition permit. Attorney Batty did not feel, based on the record, there would be a successful defense of this type of claim. . . . . CITY COUNCIL REGULAR MEETING MINUTES MA Y 27, 1997 - PAGE 6 Councilmember Stover did not feel whether or not the Watten home would be demolished was an important part of the discussion at the time the PUD agreement was developed. Mr. Laurila felt the entire development was plotted around the position of the Watten home. Councilmember McCarty noted her agreement with Councilmember Stover there would be one existing and nine new sites. She stated in her understanding the agreement called for a total of ten building sites. Councilmember McCarty expressed her belief the owners of the property have the right to demolish the home. Councilmember O'Neill felt the neighbors have a right to be upset because they understood the Watten home would remain as opposed to being demolished and rebuilt. Councilmember O'Neill wanted to ensure the demolition permit is issued to the owner of the house. Nielsen confirmed the permit would not be issued to someone who does not actually own the property. 9. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION AND LEVYING FOR W A TERMAIN TRUNK CHARGES AND SPECIAL ASSESSMENTS - WATTEN PONDS McCarty moved, Stover seconded, adopting RESOLUTION NO. 97-43, "A Resolution accepting a petition and levying for watermain trunk charges and special assessments - Watten Ponds." Motion failed, 2/2. (Councilmembers Garfunkel and O'Neill were the dissenting votes. Mayor Dahlberg abstained.) Councilmember Stover noted this is a 100 percent petition. Councilmember O'Neill pointed out his position at the work session that he is opposed to putting water into any development because it increases the percentage of households on water in Shorewood. Councilmember McCarty stated this assessment will help support the financial viability of the existing system. Councilmember O'Neill feels this issue needs to be further discussed at which time he may change his vote on this matter. Mayor Dahlberg noted there are two principles which are to pay for the system as it exists today and the other is to not force municipal water on the property owners. Councilmember Stover expressed an overwhelming concern relative to the financing of the water system. She noted although she did not vote for the water system, it must be paid for. Councilmember Stover stated it is distasteful if this financing would have to come from general funds such as property taxes for everyone whether or not that person has water. She would prefer to see the people who have municipal water pay for it. Finance Director Rolek noted the Capital Improvement Plan projections which were provided to the Council included these particular properties and assessments to pay for the current system. Councilmember McCarty felt this would be a part of honoring the development agreement. Councilmember Stover commented the water system will be in this particular development and the City is paying for it with bonds. This assessment would allow the City to obtain the funds to pay the bonds. At the same time, the Council can discuss how to handle future developments. Brown remarked a 100 percent petition is scheduled for the next Council agenda and inquired whether these petitions should be brought before Council prior to their further consideration of a water policy. Mayor Dahlberg felt the water policy should be addressed as soon as possible. . . . CITY COUNCIL REGULAR MEETING MINUTES MA Y 27, 1997 - PAGE 7 10. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Nielsen reported the contractors on Watten Ponds were working later than 7:00 p.m. The contractor has been warned and a future violation will be reported and the contractor dealt with accordingly. Mayor Dahlberg inquired relative to Gideon Woods. Nielsen explained he met with the original developer and the owner of the common area and the four remaining unit lots. A landscaping plan will be submitted to the City. The developer had until May 15th to complete the landscaping and plant the replacement trees. Since this deadline was not met, as of June 1, the City will complete the landscaping with developer funds. B. Administrator's Report on Southshore Senior Community Center Progress City Engineer Brown reported the City will pull the bond given the contractor's lack of progress despite the good weather days work could have been done. The City will meet with the bonding company on June 4 to determine a finalization date for the project. As of June 11, the bonding company will own the project. They will be directed to complete the project as soon as possible. The building itself is completed and the additional site work, parking lot and site restoration are the items to be completed. Brown noted the City is retaining approximately $100,000 out of contractor retainage for work left to be done. He noted this amount is sufficient to cover the remaining work. Councilmember O'Neill inquired relative to the parking lot. Brown has not received any information from the testing company whether or not the parking lot has passed compaction. There was some saturated material which has been hauled out and drain pipe and a catch basin have been installed. Councilmember O'Neill inquired what will be done to prevent children from gaining access to the roof of the building. Brown stated there is landscaping and outside work yet to be completed. The meeting on June 4th will bring answers to these concerns. C . First Quarter Progress Report on 1997 Priorities Work sessions have been scheduled for Monday, June 16 and Monday, July 7. Mayor Dahlberg recessed the meeting at 9:30 p.m. and reconvened at 9:36 p.m. CITY COUNCIL REGULAR MEETING MINUTES MAY 27, 1997 - PAGE 8 . D. Report on Renaming Newsletter Contest Administrator Hurm noted there have been no entries received in the renaming the newsletter contest. One idea was distributed for the Council's review. Mayor Dahlberg encouraged residents to send in their suggestions. 11. MAYOR & CITY COUNCIL REPORTS Councilmember Garfunkel reported he will be interviewing an intern candidate. He stated he would welcome any input from the Council. Report on Neighborhood Meetings with Amesbury, Amesbury West and Boulder Bridge Mayor Dahlberg and Councilmember O'Neill met with the neighborhoods of Amesbury, Amesbury West and Boulder Bridge. The Amesbury neighborhood noted concerns relative to the future development of the adjacent area. There were concerns raised relative to the ponding area and how it will respond to that development. Brown noted that particular application has been tabled and plans have not yet been received for the Amesbury area. . The Amesbury West neighborhood noted their major issue to be concern relative to a storm sewer pipe which may be leaking. Councilmember O'Neill discussed this with Engineer Brown and this situation is being addressed. It was also mentioned the posts in the emergency access continue to be vandalized and permanent posts have been installed. The residents have suggested moving the posts to allow for additional planting in attempt to reduce the vandalism. Councilmember Stover stated many different methods and systems have been attempted in this area and none have been successful. Brown stated the break-away barriers at the Christmas Lake emergency access were removed at the residents' request on one side and a gravel walking trail wide enough to permit an emergency vehicle was constructed. Councilmember Stover felt both neighborhoods should be involved in any decision which is made relative to resolving this problem. She stated the Council would be willing to give consideration to any suggestions which the neighborhoods may have. Councilmember O'Neill suggested sending letters to the neighborhoods requesting their suggestions. Brown will check with emergency services to obtain their input and suggestions as well. Mayor Dahlberg and Councilmember O'Neill also met with the Boulder Bridge Board of Directors who raised the issue of the pump house being painted. Mayor Dahlberg expressed concern relative to the condition of the siding. Brown stated a total of $1,000 is budgeted for the maintenance of the five pump houses. Restoration work of approximately $800 was necessary to the W oodhaven well house due to damage by squirrels. He pointed out if the Council would like to have this particular pump house repainted, additional funds would need to be allocated. Mayor Dahlberg inquired whether this amount is sufficient for five buildings. . . . . .. . ;1-- CITY COUNCIL REGULAR MEETING MINUTES MAY 27, 1997 - PAGE 9 Councilmember O'Neill felt touch up on the trim is necessary and possibly the painting could be accomplished next year. Brown stated the seal coating will be completed prior to mid-August. This effort is being coordinated with Tonka Bay. Brown stated reconstruction of Smithtown Road was discussed. Brown suggested residents should be advised there are areas of the roadway which are failing. The City is addressing this problem through the contractor. 12. ADJOURNMENT McCarty moved, Stover seconded to adjourn to the Regular City Council Meeting at 10:00 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl WaIIat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: /" ih ( I .. J l '-j?dVv,\jU} C ~/VVvl JAM' C. HURM, CITY ADMINISTRATOR