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072897 CC Reg Min . . . " CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 28, 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 Stover and Garfunkel; Administrator Jim Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen. Councilmembers McCarty and O'Neill. Absent: B. Review Agenda Mayor Dahlberg read the Agenda for July 28, 1997. The agenda was approved as presented. 2 . APPROVAL OF MINUTES A . City Council Work Session Meeting Minutes - July 8, 1997 Dahlberg moved, Stover seconded approving the City Council Work Session Meeting Minutes for July 8, 1997, as amended on Page 4, Paragraph 2, Sentence 1, add "and if financially feasible." Motion passed 2/0. (Councilmember Garfunkel abstained.) B. City Council Regular Meeting Minutes - June 14, 1997 Stover moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for July 14, 1997, as amended on Page 2, Item 3, Paragraph 7, change "address" to "addressed." Motion passed 3/0. C. City Council Work Session Meeting Minutes - July 14, 1997 Garfunkel moved, Stover seconded approving the City Council Work Session Meeting Minutes for July 14, 1997, as amended on Page 1, last paragraph, Sentence 2, change "would" to "might"; Page 2, Paragraph 4, change to read "individual trees"; Paragraph 7, Sentence 1, change to read, "... the policy needs to mark individual trees and specifically state where ..." ; Page 3, Paragraph 4, change to read, " ... relative to whether a forester can enforce the Tree Preservation Policy"; Paragraph 8, Sentence 3, change "because it was attempted" to "if it is attempted"; Paragraph 11, Sentence 1, add, "if we want tree by tree accountability." Motion passed 3/0. 3. CONSENT AGENDA Stover moved, Garfunkel seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: . . . REGULAR CITY COUNCIL MINUTES JULY 28, 1997 - PAGE 2 A. A Motion Adopting RESOLUTION NO. 97-56, "A Resolution Approving a Temporary Gambling Permit for the Clarence Clofer Squadron 259" B. A Motion Approving a Block Party Request for August 23, 1997, from 4:00 p.m. to 10:00 p.m. (Rain Date August 24, 1997) - Noble Road C. A Motion Adopting RESOLUTION NO. 97-57, "A Resolution Authorizing Application for a Metropolitan Council Planning Assistance Grant" 4. MATTERS FROM THE FLOOR Phil Leffel, 5650 Old Market Road, reported there is water flowing from city property across the foot of his driveway. He explained water was actually flowing throughout the winter. Mr. Leffel stated damage is occurring and the bottom of the driveway is sinking to the point of rocks now being visible and algae is growing. Mr. Leffel requested the City act to correct the situation as soon as possible. City Engineer Brown explained there had been a watermain break in the area. Upon further investigation of the site, Brown felt the problem to be underground spring flow or a perched water table. In addition, given the inordinate amount of rain, Brown stated certainly a portion of the problem is attributable to surface water run off from the City right-of-way and outlot. Mr. Leffel noted City staff acted quickly once this problem was brought to their attention. Mayor Dahlberg asked if there was a truth in housing report available at the time of Mr. Leffel's move to the property. Mr. Leffel stated he checked with the City at that time and the only concern raised at that time was relative to modification of the sump pump belonging to the neighbors to the immediate south of the subject project. Brown explained when drainage complaints are made, a record is put into the property file for future reference. At the time Mr. Leffel made his inquiry, there were no complaints in that particular file. Brown stated if Council and Mr. Leffel were to agree, a mini catch basin could be placed on the corner of the property. A portion would be cut from the driveway with a pipe to run to the catch basin behind the curb, draining the water into the catch basin. The water would then be intercepted before crossing the driveway. Staff will continue to work with Mr. Leffel to reach a resolution. 5. DISCUSSION WITH SENATOR ED OLIVER ON PROPERTY TAX REFORM Senator Oliver was present and reported on the 1997 legislative session. He noted welfare reform, education reform and tax reform were the three major areas of consideration. He pointed out the largest state budget item is for K-12 education. Senator Oliver provided a copy of the tax bill and explained it in detail. The Limited Market Value law has been changed and is intended to insulate property owners from substantial increases in their assessed valuations so that they are not impacted with the entire amount of the valuation increase in one year. . . . REGULAR CITY COUNCIL MINUTES JULY 28, 1997 - PAGE 3 Mayor Dahlberg noted some of the property tax payers in Shorewood experienced an increase in their assessed value in excess of 10 percent. Mayor Dahlberg related his understanding that the limited market value proposal would provide that a house could not be increased more than 10 percent of the value in the previous year. Senator Oliver stated the limited market value provides that the annual increase on a qualifying property's market value cannot exceed the greater of 10 percent of the preceding year's value or one-fourth of the difference between the current assessment and the preceding year's assessment. He further explained that a property owner's actual tax bill could not increase more than 25 percent. 6. PLANNING - Report by Representative Administrator Hurm clarified Items B and C to actually be motions to adopt resolutions as opposed to motions to direct staff to prepare resolutions as indicated on the agenda. Planning Director Nielsen reported on the actions taken and matters considered by the Planning Commission at their meeting of July 15, 1997, (as detailed in the minutes of that meeting). A. A Motion to Adopt a Resolution Approving a Simple Subdivision Applicant: Location: Dale Nelson, representing Don Christensen 4905 Suburban Drive Mayor Dahlberg asked if the concerns which were raised in March relative to drainage had been addressed. Nielsen explained the applicant revised his plan and proposes a two lot simple subdivision which does not require the construction of a road or pond. The site alteration for a two lot subdivision as opposed to a three lot subdivision is significantly less. The lots will access directly from Suburban Drive and there will not be a need to create a cul-de-sac. Stover moved, Garfunkel seconded adopting RESOLUTION NO. 97-58, "A Resolution Approving a Simple Subdivision for Dale Nelson, representing Don Christensen, 4905 Suburban Drive, subject to the removal of the garage." Motion passed 3/0. B . A Motion to Adopt a Resolution Regarding a Preliminary Plat Applicant: Location: Chuck Oberg 5590 Christmas Lake Pt Dahlberg moved, Stover seconded adopting RESOLUTION NO. 97-59, "A Resolution Granting Preliminary Plat Approval for Chuck Oberg, 5590 Christmas Lake Pt." Motion passed 3/0. ~ C. A Motion to Adopt a Resolution Regarding a Simple Subdivision Applicant: Location: Peggy Greer, represented by Michael Greer 6045 Chaska Road Planning Director Nielsen explained the request is for approval of a simple subdivision rather than a preliminary plat as reflected on the agenda. . . . REGULAR CITY COUNCIL MEETING MINUTES OF JULY 28,1997 The official minutes of this meeting incorrectly reflect the true actions of the Council for Item #6C. Below is the correct wording of the issue. Also, see Resolution No. 97-60 for the correct information about the application, location and issue. * C. A Motion to Adopt a Resolution Regarding a Simple Subdivision Applicant: Michael Greer Location: 6020 Galpin Lake Road Planning Director Nielsen explained the request is for approval of a simple subdivision rather than a preliminary plat as reflected on the agenda. Garfunkel moved, Stover seconded adopting RESOLUTION NO. 97-60, "A resolution Approving a Simple Subdivision for Michael Greer. 6020 Galpin Lake Road, subject to imposing a condition that the stable be removed within six months or moved onto the lot with the house." Motion passed 3/0. . . . REGULAR CITY COUNCIL MINUTES JULY 28, 1997 - PAGE 4 Garfunkel moved, Stover seconded adopting RESOLUTION NO. 97-60, "A Resolution Approving a Simple Subdivision for Peggy Greer, represented by Michael Greer, 6045 Chaska Road, subject to imposing a condition that the stable be removed within six months or moved onto the lot with the house." Motion passed 3/0. 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION SUPPORTING THE CITY OF EXCELSIOR IN A GRANT APPLICATION Mayor Dahlberg explained the City of Excelsior is applying for IS TEA funds for completion of the Excelsior Streetcar Line. Staff does not believe sponsoring Excelsior in this grant application will jeopardize the City of Shorewood's ability to pursue federal funds in the future. Dahlberg moved, Stover seconded adopting RESOLUTION NO. 97-61, "A Resolution Supporting the City of Excelsior in a Grant Application." Motion passed 3/0. 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE A QUIT CLAIM DEED AND EASEMENT FOR THE SOUTHSHORE SENIOR CENTER Dahlberg moved, Stover seconded adopting RESOLUTION NO. 97-62, "A Resolution Authorizing the Mayor and City Administrator to Execute a Quit Claim Deed and Easement for the Southshore Senior Center." Motion passed 3/0. 9. ADMINISTRATOR AND STAFF REPORTS A. STAFF REPORT ON DEVELOPMENT MONITORING Watten Ponds Nielsen reported work has continued on the NURP pond at Watten Ponds and the side slopes of the pond have been corrected. Laurie McRostie, Landscape Architect, WSB and Associates, prepared a report on tree protection measures on the site. The report reflects the work has been done properly and in accordance with the Tree Preservation Policy. Copies of Ms. McRostie's report were distributed to the Council. Engineer Brown stated a stop work order had been posted on the Watten Ponds site. Several days later the situation was corrected and the subject area was redressed, roots covered and tree protection fencing back in place. The Minnehaha Creek Watershed District met at the site with staff and verified the pond has been constructed as required and the developer was then allowed to complete the grading work on the site. Gideon Woods Nielsen met with the Lan-De-Con Inc. representatives commissioned to complete the required landscaping on the project and areas were identified for additional replacement trees. There is a shortfall in terms of replacement trees and building permits are being held on that lot. . . . REGULAR CITY COUNCIL MINUTES JULY 28, 1997 - PAGE 5 Smithtown Meadows Landscaping has not been completed and this is likely due to the rains. It is anticipated this will be completed within the next several weeks. Mayor Dahlberg questioned whether the piece of curbing which was placed on the LRT has been removed. Engineer Brown noted this has not been done, also likely due to the wet weather. Hennepin County will verify the location of the curb versus the Hennepin County right-of-way to ensure that everything is in its proper place. Marsh Pointe Nielsen reported some of the required ponding areas have been done, however, they will be completed in phases. The NURP ponding has met the design standards, however, it will need to be inspected by the Watershed District. Southshore Senior Center Brown reported on the Senior Center. The City has taken the forrnal steps necessary to remove the contractor from the site. The City is proceeding using its own construction representative to bring the project to conclusion. Hurm reported he met with the Friends of the Southshore Center and they have a Conditional Certificate of Occupancy. The building will officially be managed by the Friends effective August 1. Brown reported on a watermain break on Sussex in Amesbury and thanked the residents for their patience. He noted a portion of the development was without water since approximately 1:30 a.m. There was some difficulty in obtaining the presence of Minnegasco on the site to identify their utility lines. Crews were idle on the site for approximately five hours given the delay created by Minnegasco in not arriving upon the site. Brown stated a significant portion of the bill for the down time will be forwarded to them for payment. Garfunkel questioned whether this is an unusual circumstance. Brown felt the contracting out which occurs with various utility companies contributes to the problem. He pointed out the rules provide that a utility company has two hours in which to locate their utility. B . REVIEW SUMMER WORK SESSION SCHEDULE A work session meeting is scheduled for Monday, August 18, 1997, at 7:30 p.m. If time permits, a work session will be scheduled following the regularly scheduled Council meeting on Monday, August 25, 1997. A work session meeting is also scheduled for Tuesday, August 26, 1997, at 7:30 p.m. . . . . REGULAR CITY COUNCIL MINUTES JULY 28, 1997 - PAGE 6 1 O. MAYOR & CITY COUNCIL REPORTS A. MAYOR'S REPORT ON MEETING WITH GIDEON WOODS HOMEOWNERS' ASSOCIATION Mayor Dahlberg met once again with the Gideon Woods Homeowners' Association and reported that a priority list has been provided by the residents. Escrow funds are being utilized to realize some of the goals on the list. Mayor Dahlberg stated the intent is to continue to meet on a monthly basis until all of the issues are resolved. B. REPORT ON HIGHWAY 7 INFORMATIONAL MEETINGS Mayor Dahlberg reported on a meeting with the Department of Transportation which he attended with Councilmember O'Neill. Mayor Dahlberg expressed concern relative to the roadway closings which are currently proposed. These closings will have a significant impact on the area neighborhoods. The MN/DOT has agreed to a period of testing in which the access points will be closed for a week During this time traffic patterns will be monitored. This will allow the MN/DOT to obtain a clearer picture of the impact to the area. The MN/DOT will assess the safety issues, develop a plan and complete a study. C. REPORT ON COORDINATING COMMITTEE MEETING - DISCUSSION ON OPTIONS FOR ANIMAL CONTROL Mayor Dahlberg met with the Mayors of Excelsior, Greenwood and Tonka Bay and a budget item of animal control services was discussed. In the past, animal control services have been purchased from Chanhassen. Those services will no longer be available and a decision needs to be made whether animal control services will be added to the South Lake Police Department. A subcommittee will be established to consider this matter. 11. ADJOURNMENT Stover moved, Garfunkel seconded to adjourn the meeting at 9:10 p.m. subject to . the approval of claims. Motion passed 3/0. RESPECTFULL Y SUBMITTED, Cheryl Wall at, Recording Secretary TimeSaver Off Site Secretarial ATTEST: , MAYOR c S C. HURM, CITY ADMINISTRATOR