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062397 CC Reg Min . . ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JUNE 23, 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. and announced the City Council will convene in Executive Session following the regular portion of the meeting to discuss pending litigation with the City Attorney. The Council will then convene in Work Session format. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown. Review Agenda B. The agenda was accepted as presented for June 23, 1997. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - June 9, 1997 The City Council Regular Meeting Minutes for June 9, 1997, were approved as submitted. B . City Council Executive Session Minutes - June 9, 1997 The City Council Executive Session Minutes for June 9, 1997, were approved as submitted. 3. CONSENT AGENDA Mayor Dahlberg read the Consent Agenda for June 23, 1997. A Motion to Approve a Commercial Business Sign Permit Applicant: Location: Joan R. McCutcheon 24470 Smithtown Road Councilmember Stover requested discussion on this consent item. She noted the recommendation of staff that one or both of the proposed signs be reduced by five square feet to be in compliance with the ordinance. Stover moved, McCarty seconded approving the Motion on the Consent Agenda to approve a Commercial Business Sign Permit for Joan R. McCutcheon, 24470 Smith town Road, subject to one or both of the proposed signs being reduced by five square feet to be in compliance with the ordinance. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES JUNE 23, 1997 - PAGE 2 . 4. MATTERS FROM THE FLOOR Greg Larson, 25535 Orchard Circle, provided a list of violations which have been observed at the Watten Ponds Development relative to city ordinances, the Watershed District permit and the development agreement. Mr. Larson stated that at the May 21, 1997, meeting of the City Council, Attorney Dean stated, "If a developer violates any provision of the PUD or development agreement, the property reverts back to the prior zoning which was in place on the property before the said development agreement was effective." Mr. Larson stated the City made numerous promises and commitments to the citizens and has failed to live up to those promises and commitments. He stated promises were made on numerous occasions that the W atten Ponds development would be heavily controlled and heavily monitored. Mr. Larson felt the violations occurring would have been apparent to staff monitoring the site if they were to simply drive in and out of the site on two occasions per week. He feels staff needs to be held accountable and inquired what steps the City intends to take in this regard. Councilmember Stover pointed out this matter will be discussed later in the agenda as Item No. SA. 5 . PARKS - Report by Representative Councilmember McCarty reported on the actions taken and matters considered by the Park Commission at their meeting of June 10, 1997, (as detailed in the minutes of that meeting). . 6. PLANNING - Report by Representative Commissioner Kolstad reported on the actions taken and matters considered by the Planning Commission at their meeting of June 17, 1997, (as detailed in the minutes of that meeting). 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES ON CITY PROJECT 95-19 - SHADY ISLAND BRIDGE Mayor Dahlberg pointed out this action will result in approval of a 25-mile per hour design profile. Brown noted he has raised concerns, as has OSM, relative to liability. He expressed appreciation to the Council for their attentiveness to the liability issue in that signing the plan involves both personal and professional liability . . OSM, the insurance carrier, the City Attorney and Engineer Brown have arrived at a statement which holds harmless the engineering firm as well as Engineer Brown. This statement points out that the Council has acknowledged the recommendations and has selected the bridge which is more fitting toward the neighborhood. Attorney Greensweig developed the following statement to be acknowledged by the Council when adopting the proposed resolution. The City Council has considered the advantages and disadvantages of competing designs, including the one preferred by OSM and the one approved by the City. The advantages of the one approved by the City include, as appropriate, lower cost to city taxpayers, a more aesthetically pleasing design, strong public sentiment in favor of it, and any other policy considerations that might apply. The City Council believes that although there may be risks associated with the approved design, there are also risks associated with any bridge or other roadway, and that this is a case where the risks are not so great that they outweigh the benefits. . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 23, 1997 - PAGE 3 Mayor Dahlberg raised concern relative to potential liability if an accident were to occur on the bridge with the increased speed limit. Councilmember Stover noted the bridge profile preferred by OSM is for a higher speed limit than the profile the Council is approving. Attorney Dean felt the bridge would be as safe at the faster speed. He stated at this point, the City will qualify, through this resolution, for discretionary immunity, a mechanism by which the City will be able to reduce liability exposure in the event there is liability exposure. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-51, "A Resolution Authorizing Execution of an Agreement for Professional Engineering Services on City Project 95-19 - Shady Island Bridge." Motion passed 5/0. 8. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Engineer Brown met with Administrator Hurm and Planning Director Nielsen to address the concerns which have been raised relative to the Watten Ponds Development. A summary of the concerns raised as well as an explanation of each was prepared by Hurm and distributed to the Council. Mayor Dahlberg inquired whether the demolition work which was commenced prior to obtaining a demolition permit would be considered a violation of the PUD agreement. Attorney Dean stated he would need to review the agreement to determine whether there is an obligation on the part of the developer to obtain all necessary permits and approvals before undergoing any particular act. He felt this would be a provision which is typically found in a PUD agreement. Attorney Dean felt this could potentially be a violation of the PUD agreement. With respect to the wetlands area, Brown explained there is an overlap in enforcement from a legal sense. The City may have diffIculty in shutting down a project if the developer is in violation of a Minnehaha Creek Watershed District regulation since it would be the obligation of the Watershed District to carry out their function and policy statements. Brown stated the City is working in conjunction with the Watershed District to ensure compliance and enforcement. Brown explained the developer is required to notify the MCWD 48 hours prior to commencing construction. One of the conditions of the permit, is that it be posted. Brown pointed out the developer has not posted that permit at this time and will need to comply with that requirement. He stated Staff will work with the MCWD on this issue. Mayor Dahlberg asked if this is a further violation of the PUD agreement. Brown stated the permit for Watten Ponds states the proposed stormwater pond shall be built and functional prior to other construction. He explained he spoke with the MCWD and was informed that the permit does not necessarily state the mitigation would happen before the rest of the grading. The Watershed District will review this matter to determine whether WCA rules require that. Councilmember O'Neill stated his understanding the developer has agreed not to continue this work until the pond is completed. Brown explained the City received notice from Mr. Larson that the developer was beginning to prepare a house pad. Staff immediately shut the project down. The developer has objected and Mr. Dean has received a call from the developer's legal representative questioning the City's authority to shut the project down. Brown stated from his perspective, he is following the Watershed District rules and the fact there is a potential to affect the neighboring lot. Attorney Dean stated he is hopeful the Watershed District will assist in this matter. . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 23, 1997 - PAGE 4 Mayor Dahlberg asked if the parking situation is a part of the PUD or the preconstruction agreement. Brown stated this is more of a police enforcement issue given the fact the signs are regulatory in nature. Mayor Dahlberg asked if there are provisions within the PUD which obligate the developer contractually to satisfy the requirements of the preconstruction agreement. Attorney Dean stated there is an overall assumption in the PUD agreement that the developer will cooperate and comply with all of the regulations of the local government. Councilmember O'Neill reported he received a call that work was being done on the site on Sunday. Brown stated the developer was made aware there is to be no work on Sundays. If work is being done on Sundays, residents are urged to notify the police department. Tree protection fencing on the site was determined to be inadequate and the developer was instructed to replace it. The developer has been notified the tree protection fencing which was in place is inadequate. Additional fencing has been installed. Councilmember O'Neill reported he had observed the protective fencing on the site to be inside the drip line. Mr. Larson questioned the purpose of the tree protection fencing when earth compaction machinery has already been on the site. He felt the damage has already been done. Mr. Larson noted all of the concerns were brought to the attention of either the City or the Watershed District by the surrounding neighborhood and he stated his opinion nothing has been done to address these issues. Mayor Dahlberg expressed concern that the violations raised could be observed by staff on a 10- minute drive through the development. Councilmember Garfunkel inquired whether staff monitors the site on a daily basis. Hurm explained in a situation such as putting on an addition, there are specific times when an inspector is called on site. For a public or private project which the City is responsible for, the monitoring should be on a daily basis. Councilmember O'Neill pointed out staff did compile a checklist for monitoring the project and he felt this was a positive step. Councilmember Garfunkel stated the point is to not overlook the smaller projects with respect to monitoring. Brown stated the developer was notified about a lack of tree protection signage. The developer has installed additional tree protection fencing as well as no admittance signs. The signs do not correspond to the tree protection ordinance and the developer has been advised to correct this situation. Mayor Dahlberg commented that the City is only questioning 1 of the 17 violations which were raised. Councilmember McCarty pointed out there are some exaggerated violations such as the report of numerous violations of work curfew hours when, in fact, the City received only one call in this regard. Mayor Dahlberg inquired whether this situation is approaching the point where the violations of the PUD will result in the property reverting back to the original zoning. Attorney Dean commented there must be a balance to determine whether or not any violation would justify that remedy which is the most severe remedy possible. He stated he would like to have additional time to review and consider this matter. . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 23, 1997 - PAGE 5 Mayor Dahlberg stated in reviewing the tape of the preconstruction meeting the Mayor of Shorewood warned the developer several times he must live up to every detail and obligation of the PUD agreement. He asked if a question exists whether the situation is severe enough to levy that ultimate sanction. Attorney Dean felt there was very much a question in that regard. Attorney Dean further stated to the extent there are violations, he did not feel the developer would be able to furnish the City with an excuse they were not aware of what would constitute a violation. He did not feel they could suggest they did not feel the City would take this matter seriously. Councilmember O'Neill stated as a Councilmember he takes responsibility for this situation reaching the degree that it did. He felt the City needs to do a better job, particularly with respect to tree protection fencing. Mayor Dahlberg stated he would echo Councilmember O'Neill's statement. Brown stated he will meet with Nielsen to review the plans for the pond. Once the pond has been reconstructed in compliance with the plan, the developer will be allowed to start up again. Once the pond has been completed, arrangements have been made for Brown, Nielsen, the MCWD, the developer and his engineer to meet on the site to ensure they can proceed with the remainder of the construction. Hurm pointed out at that point, the key will be the daily inspections and video taping of the site along with follow up. Mayor Dahlberg felt that staff needs to address the management issue and determine why the violations where not identified with a lO-minute drive through of the development. Councilmember O'Neill felt that everyone is aware of the situation and taking it seriously. B. Report on Mayor's Meeting Responses Gideons Woods Administrator Hurm reported the City has escrows of $17,385 which was intended for drainage and landscaping. Councilmember O'Neill inquired if it has been determined who actually is the developer and owns the land. Mayor Dahlberg stated he has become aware the Games Trust is the owner of the land. Councilmember O'Neill noted there had been an issue that one of the homes was constructed too close to the street. Upon a review of the plans with staff, it was determined this home was built according to the plan specifications. Boulder Bridge Mayor stated an issue was raised relative to vandalism in the area. He has had discussions with Chief Young and this issue will be addressed. Relative to the painting of the pumphouse, Councilmember O'Neill felt a touch up would be sufficient at this time. He noted this project will be included in the proposed budget for the upcoming year. Hurm noted the bids are not in on the sealcoating. It is anticipated this work will be done in late July or early August. Brown felt patching the sunken areas of the streets should be addressed in conjunction with the sealcoating program. This will require the replacement of some curbs. Councilmember Stover asked if there are areas without curbs which also need repair. Brown confirmed there are. She requested all areas be reviewed for repair. Councilmember Stover requested the Council review the matter of a program similar to that attempted by Deephaven. (Councilmember McCarty left the meeting at 8:55 p.m.) . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 23, 1997 - PAGE 6 Waterford Councilmember O'Neill noted he has requested staff obtain a report from Chief Young relative to the amount of time Officer Keller spends patrolling a particular area. Mayor Dahlberg requested the Park Commission address the issue of separating the street from the trail along Covington and report back to Council. Amesbury West Brown noted Mr. and Mrs. Smith are very satisfied with the improvements which were obtained with the use of rip-rap to address the erosion problems. Brown stated steps will be taken to test the stormsewer pipe for integrity. He suggested rather than expending approximately $1,800 to video the pipe, that staff test the flow through the pipe. Relative to keeping the vandals out of the fire lane, Councilmember Stover suggested constructing a more permanent closure of the street. In the event of a tornado or other emergency, these closures could be moved via bulldozer. She noted there are numerous dead end streets throughout the city. Mayor Dahlberg requested staff input on this suggestion. Brown suggested planting larger size hedges along with the posts which would allow for emergency vehicle access in the event of an emergency. Mayor Dahlberg commented the snow would probably be plowed into this area. Mayor Dahlberg suggested Public Works come back with a report which can be presented to the neighborhood. C. Administrator's Report on Status of Southshore Center Brown reported the contractor has placed curb and gutter. The soil compaction tests have been completed and the soil compaction meets the requirements. There are some minor items such as obtaining an alarm company to monitor the fire sprinkler system which need to be addressed prior to occupancy of the building. There are also some minor landscape issues which need to be addressed. Hurm noted the Dial-A-Ride program will begin this week out of the senior center site. The sod is anticipated to be on the football field by the end of the week, weather permitting. 9. MA YOR & CITY COUNCIL REPORTS Councilmember Garfunkel reported an intern has been hired and has begun work on the Home Page. A. Establish Open Forum Meeting Topics for Next Month Hurm stated the way the month of July is calendared, the newsletter has already been sent out. The issue of establishing open forum meeting topics will be addressed in July for the month of August. . . . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 23, 1997 - PAGE 7 B. Report on Meeting with Gideons Woods Residents Mayor Dahlberg reported on the meeting which was held with the residents of Gideons Woods. The residents are looking for support from the City relative to issues with the developer. The attorney for the Games Trust has requested a meeting with the City. Attorney Dean stated he would be willing to attend a meeting at the Council's request. Councilmember O'Neill did not feel there is a need to involve Attorney Dean at this point. It was the consensus of the Council that Mayor Dahlberg meet with the Games Trust along with staff to address a list of concerns. 10. ADJOURNMENT Garfunkel moved, O'Neill seconded to adjourn the meeting at 9:26 p.m. to Executive Session subject to approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: TO