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081197 CC Reg Min . . . --1- CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 11, 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 7:32 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Nielsen. B. Review Agenda Planning Director Nielsen requested the addition of Item D to the Consent Agenda. Dahlberg moved, O'Neill seconded removing Item A from the Consent Agenda to be considered as Agenda Item 4 A. Motion passed 5/0. Mayor Dahlberg read the Agenda for August 11, 1997. The agenda was approved as amended. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - July 28, 1997 Stover moved, McCarty seconded approving the City Council Regular Meeting Minutes for July 28, 1997, as amended on Page 6, Item 10 B, Sentence 1, change to read "Mayor Dahlberg reported on a meeting with the Department of Transportation which he attended with Councilmember O'Neill." Motion passed 3/0. (Councilmembers McCarty and O'Neill abstained.) 3. CONSENT AGENDA McCarty moved, Stover seconded approving the Motions on the amended Consent Agenda and adopting the Resolutions therein: A . A Motion to Approve an Extension to the Contract for . Assessing Services ** This item was removed from the Consent Agenda and was considered as Item No. 4A ** B. A Motion Adopting RESOLUTION NO. 97-63, "A Resolution Regarding Personnel" C. A Motion to Approve Job Descriptions for Liquor Store Employees D. A Motion to Approve a Sign Permit for Marine Plus, Waterford Shopping Center JI1'- ~ REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 2 4. MATTERS FROM THE FLOOR . Christine Lizee, 27055 Smithtown Road, commented on a letter from Martin Wellens which was sent to both the Council and the Planning Commission. Ms. Lizee clarified several points which Mr. Wellens raised. Ms. Lizee explained the project is not government subsidized and that the proposal makes no request for public funds. She noted this project would result in a positive cash flow to both the city and the state. Ms. Lizee clarified the project is not low income, however the developer has stated a price per unit of approximately $120,000 in an effort to keep the price affordable. Ms. Lizee remarked that Mr. Wellens has referred to this project as a "housing project." She stated this development is a housing project by strict definition, but that it could also be defined as a housing aim, housing ambition, housing goal or housing intention. Ms. Lizee urged Mr. Wellens to attend the public meetings, learn the truth and then share his questions and concerns in a public forum and not leap to unfounded and uninformed conclusions. . Greg Larson, 25535 Orchard Circle, stated in late May the City Engineer received a call from the Hennepin County Parks Division expressing a safety concern relative to the placement of curbing 1-2 feet into the LRT at the corner of Smithtown, Eureka and the new street which serves the subdivision and asking that the curb be removed from the trail. Mr. Larson stated this situation presents a safety hazard as it still remains. Mr. Larson also felt the entire design of the new street was foolishly approved, giving more consideration to the developer's needs than the safety and future use of the LRT. Mr. Larson also stated that sewer construction at Watten Ponds has severely damaged the wetland. He felt City Staff and the developer were very forceful in their contention that there was no wetland damage because the crossing was made in the buffer area. Mr. Larson commented that City Staff challenged the residents to prove that the area was indeed wetland and that they refused to listen to the residents when told that this particular area was wetland. Mr. Larson stated Staff would not consider the photos presented by residents and did not take into consideration the study which was completed by the Minnewashta fifth grade class. Mr. Larson stated he had been informed by representatives of the Watershed District that there was little doubt that this particular area was a wetland, however, they were unable to comment on the record. Mr. Larson reported the MCWD requested an official wetland technical evaluation panel to view the site and provide a [mal determination whether the area is a delineated wetland. Mr. Larson also reported the evaluation panel has determined that the utility did cross a wetland. He felt it should not have been necessary for a technical panel of wetland experts to determine this area was wetland. . Mr. Larson remarked the residents only expect fairness and a chance to be heard. It was Mr. Larson's opinion that the developer was fully aware they were digging through wetland area, yet continued their work. He pointed out utilities may cross a wetland if it is determined doing so would be for the good of the public. In addition, a permit would need to be issued. Mr. Larson felt the developer circumvented public officials and public process and that City Staff abetted the developer in covering up this fact. He stated an important natural neighborhood amenity has been destroyed and he felt Staff were arrogant and mean-spirited and owe the people of Shorewood an apology. . . . REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 3 Mr. Larson requested the project be shut down until such time the wetland is restored and that this restoration be monitored by a wetlands biologist or ecologist as opposed to City Staff. He stated City Staff have no credibility relative to natural resource issues in the City of Shorewood. Mayor Dahlberg asked who made the decision that this particular area was not a wetland and whether or not the developer had performed this work without any sort of permission from the City. Engineer Brown stated the approved plans clearly show the pipe line proposed in the direction in which it was constructed. The plan was approved by the Council. Brown stated once objections were received from Mr. Larson, staff inspected the area and determine the pipeline was placed as reflected in the plans which were approved by the Council. Brown explained Staff met with the MCWD at the site after their panel was conducted and no objection was made to where the pipeline had been placed. He noted Mr. Larson to be correct in his statement that no one on City Staff claims to be a wetland biologist. Staff relied on the licensed wetland delineator as put forward by the State. The wetland delineation which was conducted by a licensed professional stated where the pipeline crossed was a buffer. Councilmember O'Neill stated he is aware the MCWD approved plans to this particular development and asked whether the sewer was depicted on any of the plans which were reviewed by them. Mr. Larson stated the MCWD did not consider the sewer line because they had been told there would be no impact to that wetland. Mr. Larson asked who would be taking responsibility to restore the wetland. Councilmember O'Neill noted the MCWD has already stated the wetland will have to be restored. Mr. Larson did not agree with this statement. Brown explained there had been a meeting with the MCWD at which time staff was informed the wetland would have to be restored and material would have to be removed from the site. At this time, the wetland is beginning to grow over and the MCWD will be making a decision whether it will cause more disturbance to remove the material from the site or if the site should be allowed to revegetate on its own. Brown stated at this time, staff has been informed by the MCWD that the site will be restored to wetland characteristics. Mayor Dahlberg asked if the project will be shut down until the wetland is restored. Brown stated to the best of his knowledge, the project will not be shut down. City Staff were informed by the MCWD it would cause less disturbance to dredge out the wetland in the winter. In addition, there are questions to be asked of the wetland specialist with respect to the delineation which was completed. Brown pointed out it is the intention to staff to minimize the damage which was done and this may be achieved by completing this work in the winter, however, that decision will be left to the wetland specialists. Nielsen commented there are two other areas of wetland restoration which need to take place consisting of the road which separates the northerly wetland from the main basin as well as the spoil pile located off of Eureka Road. One or both of those areas need to be dredged out and restored along with the wetland. He noted the City does have a Letter of Credit to guarantee that site work and improvements are completed. Mayor Dahlberg asked if there is a drawing included in the PUD agreement which indicates where the utility was to be placed. Nielsen stated it is not in the PUD agreement itself, but it is depicted in the plans and specifications of the project which are incorporated by reference in the PUD agreement. Councilmember McCarty commented she wants the residents to be satisfied, but if it is going to create more damage than what has already been done, the work should be done in the winter months. . . . REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 4 Councilmember O'Neill felt the blame should go to the person who delineated the wetland and gave approval to the plans. Mayor Dahlberg requested a clear chronology of the events and felt a clear procedure needs to be followed. Councilmember O'Neill pointed out since the area was delineated to not be a wetland, there would have been no need to pull a permit. Mayor Dahlberg requested the MCWD's published opinion related to this situation. He also requested published information relative to the enforcement authority, responsibility and accountability to this situation. Councilmember O'Neill suggested the Council consider obtaining expert assistance relative to wetlands given the number of wetland areas within the city. He suggested hiring assistance on a part-time or project by project basis. Martin Wellens, 4755 Lakeway Terrace, responded to Christine Lizee's comments. He stated his description is more accurate than calling the project senior housing since Council cannot maintain the status of senior housing. Mr. Wellens believes a future Council could change the regulations. Councilmember O'Neill stated the present proposal specifies the properties would not be sold to anyone under the age of 62. This provision would be in effect for 30 years. Mayor Dahlberg asked if this provision could be changed in the event all of the parties were to agree. Attorney Dean stated that would be possible. Councilmember McCarty pointed out that is the case with any issue the City faces. Mr. Wellens felt it to be deceptive to refer to this project as senior housing. He also related his belief the zoning will be changed. Councilmember McCarty stated the zoning is not changing and the developer proposes less units than the current zoning allows. Mayor Dahlberg questioned whether this project will be a Planned Unit Development. Nielsen stated that is required by ordinance. Mr. Wellens questioned the necessity of a PUD if the project is conforming to the zoning laws. Nielsen explained the PUD is designed to address the association and common areas. Mr. Wellens felt an exception is being made for this developer and that the developer is not being held accountable for the zoning laws. Councilmembers McCarty and Stover expressed their disagreement with Mr. Wellens' statement. Councilmember Stover invited Mr. Wellens to contact her to further discuss this matter. A . A Motion to Approve an Extension to the Contract for Assessing Services ** This item was removed from the Consent Agenda and was considered as Item No. 4A ** Mayor Dahlberg inquired whether a competitor comparison has been made. Administrator Hurm stated that is not done on an annual basis. Councilmember Stover explained if the City does not hire its own assessor, a County Assessor is appointed and the City is then responsible for payment of that assessor which is at a much higher rate. Councilmember O'Neill stated his intention to vote against the motion. He stated he was not impressed with the manner in which Mr. Erickson presented his explanations to the residents. He had no problem with the quality of his work, but felt that someone who can work better with the people would be more effective. . . . REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 5 Councilmember Stover commented the response from the residents over the years has been they may have been unhappy with the assessment of their property, but they were very pleased with Mr. Erickson and his personality as an assessor. Councilmember Stover suggested speaking with Mr. Erickson relative to this matter. Councilmember Garfunkel stated the assessor is hired for the quality of the job and the technical part of the work. Councilmember Stover felt it would be helpful to let Mr. Erickson know of the concerns which were raised. Stover moved, McCarty seconded approving an extension to the contract for assessing services noting Councilmember O'Neill's concern. Motion passed 4/1 (O'Neill was dissenting vote). 5. PLANNING - Report by Representative Commissioner Kolstad reported on the matters considered and the actions taken by the Planning Commission at its meeting of August 5, 1997, (as detailed in the minutes of that meeting). A Motion to Direct Staff to Prepare Findings of Fact Regarding a Variance Request Applicant: Location: Richard and Ingrid Hoyt 5710 Ridge Road Attorney James Pemberthy appeared on behalf of Richard and Ingrid Hoyt. He stated the Hoyts knew what they bought when they bought the property and that it was already being put to reasonable use. He noted there is a deck on the house and there is reasonable access to Christmas Lake. Mr. Pemberthy felt as long as the use meets the requirements of the ordinance, it should be permitted. With respect to the requirements, he noted those to be environmental and aesthetic. He pointed out the Hoyts will be reducing hardcover and there will be an opportunity to eliminate nonconforming structures. Mayor Dahlberg noted there were 26 letters submitted to the Council which are in favor of the Hoyts' plan. Councilmember Stover stated the point of zoning, in many cases, given the fact a lot of the city existed before it became a city, was to continually attempt to upgrade to the standards the zoning ordinance had in place. She felt this to be a perfect opportunity to achieve what the city was hoping to achieve when it wanted to have less hardcover. The compromise offer from the Hoyts is to remove a great deal of the hardcover and a better hardcover surface will result. In addition, the appearance from the water will be improved. Councilmember Stover pointed out this will be allowing a variance, however, if the City were to never allow a variance, there is no point in having a variance procedure. She pointed out variance procedures generally take into consideration the topography. Councilmember Stover noted this structure is commonly accepted in that particular neighborhood and granting the variance would not change the character of the neighborhood. REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 6 . Councilmember McCarty stated she would appreciate a reduction in hardcover, however, traditionally, the City has been strict relative to the granting of variances. She could not identify a hardship and felt the property has reasonable use. Given the fact that a large number of the homes in this area have like situations, she suggested the Planning Commission may wish to revisit the ordinance. Councilmember Garfunkel felt this to be a unique situation, noting the Hoyts are trading some hardcover for a lesser amount of hardcover. The pump house and the steps are being remove which will address aesthetics. Councilmember O'Neill pointed out the Hoyts bought the land knowing about the bluff. He stated in the case of hardship, no one would ever be granted a variance because everyone would know what they were buying and there would never be a hardship. Attorney Dean commented when referring to a reasonable use, this would mean a use which is normally consistent with property in that type of zoning district. He noted a deck would be a reasonable use for most residential property. Attorney Dean also noted the circumstances were not caused by the applicants and when granting variances, the City must not look at self-imposed problems created by the applicant, but rather consider solid land use reasons for or against granting a variance. . Attorney Dean pointed out a form resolution which was included in the packet. He noted the dates would need to be changed as well as the reference to the Mayor. The resolution contained the terms and conditions which would be applicable in this matter. Stover moved, Garfunkel seconded adopting RESOLUTION NO. 97-64, "A Resolution Granting a Setback Variance to Richard and Ingrid Hoyt, 5710 Ridge Road, subject to a release with prejudice being received by the City. Councilmember McCarty suggested the Council consider other lakeshore owners who may be making a similar request. Councilmember O'Neill asked Attorney Dean for his opinion relative to setting of precedent. Attorney Dean did not feel granting this variance would create a precedent. Councilmember Stover pointed out other variances have been granted on Christmas Lake within the 75 feet which were much more extensive than the current situation. Motion passed 411. (Councilmember McCarty was the dissenting vote.) 6. CONSIDERATION OF A MOTION TO SET A PUBLIC HEARING REGARDING AN AMENDMENT TO GIDEONS WOODS' DEVELOPMENT AGREEMENT REGARDING REMOVAL OF BILLBOARD O'Neill moved, McCarty seconded approving a motion to set a public hearing regarding an amendment to Gideons Woods' Development Agreement regarding removal of billboard. Motion passed 5/0. 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING FEASIBILITY REPORT AND ORDERING PLANS, SPECIFICATIONS AND ESTIMATES FOR THE SOUTH LINK - LAKE SIDE LATERAL EXTENSION . Mayor Dahlberg questioned why the Council is adopting a resolution which simply warrants that the feasibility report is accurate. Engineer Brown explained the feasibility report provides an REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 7 . indication whether or not the project is technically feasible and does not warrant that the actual cost will not be higher than estimated. Attorney Dean explained whether or not the property owners are willing to enter into a contract or not, the City is financing this, in part, through a special assessment approach. In order to proceed, the City must meet certain statutory criteria. Councilmember Stover inquired, given the high cost of the project, whether the residents are interested in proceeding. Hunn stated the project is technically feasible in addition to being feasible from a system standpoint and financial standpoint from the City's perspective. The petitioners would now have to determine whether it is fmancially feasible. Attorney Dean remarked after the bids come back, prior to the work being ordered, the City would enter into a contract in which the petitioners would be obligated to pay the special assessment. If the petitioners did not like the bids, the City would not go forward with the project. . Brown pointed out the resolution provides that once the bids have been obtained and tabulated, the petitioners would re-execute an agreement with the City stating they are willing to waive their right to a public hearing and contestment of the assessments. Mayor Dahlberg asked two of the petitioners who were present if they are still interested in this project. The residents indicated they are hopeful the estimates would not be high, however, they are still very interested in getting municipal water either way and would like to see the process continue at this point. Councilmember Stover noted two of the petitioners had paid a $5,000 assessment when watermain was installed on Smithtown Road. She asked why that would not be taken into consideration. Bunn pointed out that was applied toward the previous project. Councilmember Stover pointed out these petitioners did not hook into the system from that point. She felt the assessment should be applied to this project since this is where they will be getting their water. Mayor Dahlberg recessed the meeting at 9:30 p.m. and reconvened at 9:40 p.m. With respect to previously assessed properties, Brown stated he was unsure of the exact procedure in which to arbitrarily pull these petitioners off of the assessment roll and apply them to another project. In addition, bonds were obtained for those projects and the bonding company may be opposed to changing the financial guarantee on that project versus the bonds which have been issued. Attorney Dean stated a previously levied special assessment can be relieved only by assuring there was a mistake or error or in the original special assessment and that it should not have been levied initially or that it was levied according to a policy which was then in existence. Attorney Dean pointed out even if this could be accomplished because of a mistake, there would be a $10,000 shortfall which would result in the first project. By statute, the City cannot reassess properties previously assessed to make up a shortfall. Councilmember O'Neill asked what percentage of an average water bill finances the water system. Be states this results in the City financing private properties installing water in their homes. Councilmember O'Neill stated he would like to see a breakdown of how this project is financed. . REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 8 . Stover moved, O'Neill seconded tabling consideration of a motion to adopt a resolution accepting Feasibility Report and ordering plans, specifications and estimates for the South Link - Lake Side lateral extension to the August 25, 1997, meeting of the City Council. Motion passed 5/0. 8. CONSIDERATION OF A MOTION REGARDING STREET LIGHTING AT BRYNMA WR Mayor and Mrs. Dahlberg completed a random sample of 15 calls to determine how residents of the Brynmawr neighborhood felt relative to the street lighting. Of the calls which were made, half were neutral and half were in favor of leaving the light in place. Mayor Dahlberg took this to be an indication to leave the light in place. McCarty moved, Garfunkel seconded keeping the street light at Brynmawr Place. Motion passed 3/1. (O'Neill was the dissenting vote and Stover abstained.) Councilmember Stover stated she is not a proponent for lights, curb or gutter in a city place. However, when a request is made by a neighborhood and no objections are made, the neighborhood should have what it wants. She noted there was one objection raised. Mayor Dahlberg stated he is also not in favor of lights, curb or gutter in Shorewood, however, given the results of the random sample, he felt there seems to be support in the neighborhood. Councilmember O'Neill was not in favor of street lights, but he felt if the neighborhood has decided they want them, then they should be able to have them. 9. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION REGARDING MNDOT'S PROPOSED IMPROVEMENTS FOR HIGHWAY 7 . Councilmember O'Neill questioned the provision of the resolution which indicates the City of Shorewood will initiate a cooperative agreement. Brown explained some time ago, the City agreed in principal to enter into an agreement with MNDOT for this particular intersection. The actual agreement would have to come back before the Council for approval and review. Attorney Dean suggested rewriting the provision to say the City of Shorewood is willing to initiate negotiations toward the creation of a cooperative agreement. Administrator Hurm suggested changing Provision No.2 to read, "The City of Shorewood is willing to consider a cooperative agreement with MNDOT along TH7, striking out the words "initiate aid." O'Neill moved, McCarty seconded adopting RESOLUTION NO. 97-65, "A Resolution Regarding MNDOT's Proposed Improvements for Highway 7," with the changes indicated. Motion passed 5/0. 10. RECONSIDERATION OF A MOTION REGARDING SAFETY IMPROVEMENTS ON SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITHTOWN ROAD AND EUREKA ROAD SOUTH O'Neill moved, McCarty seconded reconsidering safety improvements on southeast quadrant of the intersection of Smithtown Road and Eureka Road South. Motion passed 312. (Mayor Dahlberg and Council member Garfunkel were . the dissenting votes.) REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 9 . Mayor Dahlberg inquired whether or not staff has informed Mr. Stubstead the easement is valued at $3,500. Brown stated that has not been done. Councilmember O'Neill addressed the results which were obtained by the placement of a speed cart on Smithtown Road for a two week period of time. It was noted the average speed in one week was under 30 miles per hour which is the existing speed limit. He noted he had observed the intersection and expressed concern that modifications to the intersection may create a safety problem. Mayor Dahlberg observed cars on the curve and did not see that it was much more difficult than it otherwise would have been. Councilmember O'Neill asked if it is the intent of the Council to change the road in an effort to change driving habits or if driving habits would be better addressed through enforcement. He expressed concern in placing obstacles which would cause someone to be hurt. Councilmember McCarty inquired whether the police chief and the fire marshal have been consulted relative to this situation. Councilmember O'Neill stated he has not yet received a response from the fire marshal. Mayor Dahlberg suggested going back to Mr. Stubstead with proposals and obtaining his feedback. He suggested tabling this matter to allow staff sufficient time to follow up on this matter. Councilmember Garfunkel felt the Council had not been provided sufficient information on this matter. He expressed concern this matter had been resolved several months previously and it is now back for reconsideration. He felt a better job could have been done investigating this matter when it was initially presented to Council. . O'Neill moved, Stover seconded directing staff not to act on anything further relative to the motion which was passed and reconsidered until such time as additional information is received from staff. This matter will be reconsidered at the Council Meeting of August 25, 1997. Motion passed 4/1. (Mayor Dahlberg was the dissenting vote.) 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING A PETITION TO THE COUNTY TO INSTALL TRAFFIC SIGNALS AT THE INTERSECTION OF COUNTY ROAD 19 AND SMITHTOWN ROAD Brown reported in speaking with representatives of Hennepin County, he was informed that the Capital Improvement Program for 1998 had been approved and there would be little chance of completing this work in 1998. Occasionally the County receives special projects to complete. Brown suggested Mayor Dahlberg contact Commissioner Penny Steele in an attempt to gain the project special status. Councilmember McCarty inquired as to the status of Tonka Bay in this matter. Brown explained Tonka Bay, having a population of less than 5,000, does not have state aid status. Therefore, by county charter, the county would pick up their portion of the cost. It is intended to use municipal state aid funds for the Shorewood share. Councilmember McCarty asked if Tonka Bay had expressed any opinion relative to this project. Mayor Dahlberg will contact the Mayor of Tonka Bay as well as Penny Steele and then report back to the Council. . REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 10 . Councilmember Stover stated she would like to see semaphores put in as an encouragement to stay on County Road 19 as opposed to traversing Country Club or Smithtown. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-66, "A Resolution Authorizing a Petition to the County to Install Traffic Signals at the Intersection of County Road 19 and Smithtown Road." Motion passed 5/0. 12. CONSIDERATION OF A MOTION TO APPROVE A JOINT POWERS AGREEMENT FOR POLICE SERVICE Stover moved, McCarty seconded approving a Joint Powers Agreement for police service. Motion passed 5/0. 13 . CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS FOR HERITAGE DEVELOPMENT McCarty moved, Stover seconded adopting RESOLUTION NO. 97-67, "A Resolution Accepting the Public Improvements for Heritage Development." Motion passed 5/0. 14. ADMINISTRATOR AND STAFF REPORTS A. STAFF REPORT ON DEVELOPMENT MONITORING . WaUen Ponds Nielsen reported things have improved substantially with the arrival of Phil Tipka who inspects the site daily. Staff will be drafting a specification for the erosion control and tree protection fencing. This will require a product which is much more durable. The first lift of black top is down and the pond is nearing completion. Staff will be reviewing the original delineation of the wetland. If it is in error, staff will consider what steps need to be taken. Brown reported on the curb which is extending into the LRT. Staff has marked it for removal. In speaking with Hennepin County, they agree it is not a safety hazard. It was been covered and a bicyclist or a pedestrian are not likely to stumble on it. Brown stated he has been in communication with the developer for several weeks asking that curb be removed. The developer assures it will be removed as soon as there is sufficient dry weather in which to take a backhoe into the area and remove the curb. Due to concerns of liability, it is not Brown's intention to use City crews to remove the curb. Councilmember McCarty would like to see it done, however, having observed the area, she did not feel the curb is in a dangerous location. Mayor Dahlberg expressed concern the developer continues to put off the removal of the curbing. Mayor Dahlberg noted he was under the impression the County intended to view the situation with regard to right of way and where the road should be bordered. Brown stated the County has not been to the site. He pointed out the County has issued a permit which allows that curb to be there. . Mayor Dahlberg stated he drives through Watten Ponds on a weekly basis. He commented he is confused by the amount of fencing which is within the drip line. . . . REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 11 Nielsen stated there are two areas in which the fence looks closer than it should be, but the original location against the tree trunk was not in violation, but was actually an approved location. Nielsen suggested Mayor Dahlberg meet him on the site to review these situations. Councilmember O'Neill complimented Mr. Tipka on his work at the Watten Ponds site. Brown stated Tipka's history in Shorewood is of benefit to the City. He noted Mr. Tipka has been directed to spend an inordinate amount of time at the development. The cost for this is passed on to the developer. B . SECOND QUARTER PROGRESS REPORT ON 1997 PRIORITIES Hurm noted while a few priorities have been completed, the Council is currently working on almost all of them. He noted there will be a work session scheduled for Monday, August 18, 1997, to discuss the issue of snowmobiles. C. ENGINEER'S REPORT ON STATUS OF RETAINING WALL AT OLD MARKET ROAD Brown reported a portion of the timber retaining wall is bowed out. He noted the recommendations he received from OSM relative to this issue were unclear. He noted there are no recorded drawings to indicate what is involved in the tie back of that retaining wall. Mayor Dahlberg inquired as to the status of Mr. Leffel's property. Brown did note a landscaper was working in the area. Brown has scheduled a meeting to meet with Mr. Leffel. D. STATUS REPORT ON ISSUES DISCUSSED AT MAYOR'S MEETING Mayor Dahlberg reported he met with Bob Rascop and he is attempting to contact Tom Wartman. Hurm reported meals have begun in the Southshore Center. Nielsen reported representatives of the Southshore Center have approached staff with the possibility of the Center and the City Hall going together on a sign. Mayor Dahlberg felt the Center needs its own signage, however, he asked that staff presented a more definite proposal. 15. MAYOR & CITY COUNCIL REPORTS Councilmember McCarty reported on the Park Foundation meeting and noted the concession trailer will make a profit, however, she was unsure what dollar amount this would be. The Park Foundation would request the Park Commission proceed with the building that has been planned. MA YOR'S REPORT ON JULY 29 MEETING WITH GIDEONS WOODS HOMEOWNERS Mayor Dahlberg reported on his meeting with representatives of the Attorney General's office. . . . ... . . . REGULAR CITY COUNCIL MINUTES AUGUST 11, 1997 - PAGE 12 16. ADJOURNMENT McCarty moved, Stover seconded adjourning the meeting at 11:40 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: / 'J_-? fj I /iJ2-t u~7 ./ , TOM DAHLBE}tG, MAYOR I / ,./ / / I'