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082597 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, AUGUST 25, 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, McCarty and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Neilsen; Finance Director AI Rolek Absent: Councilmember O'Neill B. Review Agenda Mayor Dahlberg announced the Council will convene in work session format immediately following the regular portion of the meeting. Engineer Brown suggested Agenda Item No. 11 be considered prior to Agenda Item NO.4. Mayor Dahlberg read the Agenda for August 25, 1997. The agenda was approved as amended. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - August 11, 1997 McCarty moved, Stover seconded approving the City Council Regular Meeting Minutes for August 11,1997, as amended on Page 2, Paragraph 7, Sentence 1, change to read, "construction at Watten Ponds"; Page 5, Paragraph 1, change to read, "they may have been"; Page 9, Item 11, Paragraph 1, Sentence 1, change "improved" to "approved." Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, McCarty seconded approving the Motions on the amended Consent Agenda and adopting the Resolutions therein: A. A Motion to Establish Fall Clean-Up Day as Saturday, October 25,1997 B. A Motion Adopting RESOLUTION NO. 97-68, "A Resolution Accepting Bids for a Dump Truck Boxes, Hydraulic and Lighting Systems and Awarding Contract" Motion passed 4/0. . . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25,1997 - PAGE 2 4. MATTERS FROM THE FLOOR Kate Lynch Bix, 25545 Orchard Circle, stated she appreciated the apology she received from Brad Nielsen relative to the tree preservation issue. Ms. Bix reported the Eureka Neighborhood Association is being established and asked for guidance from staff relative to organizing this association. Ms. Bix also commented on the Evan Meline project. She noted a number of surveys have been completed and the elevations have been changed a number oftimes. Ms. Bix inquired where the elevations are factually located and whether they are conflicting with other grids of the lot. Ms. Bix provided the Council with a letter from Franklin 1. Svoboda, Svoboda Ecological Resources, to Brad Nielsen which addresses the same concerns relative to this project. Planning Director Neilsen explained there have been four different plans for the property and he noted the information has been changing. Delineations have been performed by two different delineators. Despite the requests of staff, Mr. Meline has not had a delineation performed in close enough proximity to a survey where staff has been willing to accept the delineatIon. Nielsen noted there is different information contained in each of the plans and the developer was advised in writing that the City is requiring a full delineation to be performed and a surveyor on site within 24 hours of that delineation to obtain an accurate survey of where the stakes are placed. Nielsen acknowledged the letter from Mr. Svoboda and commented that he raises some valid concerns, some of which have already been addressed by staff such as a soil report which was prepared by a soil engineer. Plans have also been completed by a registered civil engineer addressing the drainage issue. Engineer Brown has requested complete plans in which the delineation was performed in close proximity to the survey to assure a valid delineation. Signatures woulo be required on thIS plan. Nielsen explained staffhas requested the Watershed District use a technical evaluation panel given the discrepancies between the various sets of plans. He noted the Watershed District has declined to use the panel until such time as the discrepancies are resolved. Nielsen reported until such time as a plan is submitted which meets all of the requirements, no action will be taken on this matter. Engineer Brown reported the technical evaluation panel was on the Watten Ponds site and did walk the subject area and they did noticed some discrepancy in some of the stakes which were placed on the site. He has requested the developer suomit a plan which has been signed offby a wetland soil scientist, a professional engineer as well as a professional land surveyor. Administrator Hurm eXplained the City. does not have criteria relative to neighborhood associations, but suggested the CouncIl may, at some point, want to consider whether it would be appropriate to estaohsh criteria rela. tive to neighborhood associations. Mayor Dahlberg stated he would not be interested in regulating the neighborhood associations in any regard, but stated staff will assist in suggesting a structure for the association. Vicki Stromberg, 5510 Wedgewood Drive, read a letter prepared by her husband, Rick Stromberg, relative to the Evan Meline project. Mr. Stromoerg raised concerns relative to the possible filling of wetlands, drainage problems and the loss of mature trees. Mr. Stromberg also raised the issues addressed by Ms. Bix relative to elevation discrepancies and inconsistencies. Mr. Stromberg also express concern with the number of people accessing the subject site by cutting through the yards of adjoining properties. Concern was also raised regarding the behavior displayed by the developer to the surrounding neighbors. . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25,1997 - PAGE 3 In addition, Ms. Stromberg read a letter prepared by Barbara R. Cameron, 5490 Wedgewood Drive, who expressed many ofthe same concerns raised by Mr. Stromberg as well as concerns relative to the impact on wildlife in the area. Ms. Cameron cited an incident which occurred last summer when she states her daughter was verbally abused and badly frightened by the conduct and comments of Mr. Meline. Ms. Stromberg requested the neighbors be given notice of any public hearing which may be held relative to this proposed development. Brown explained this building permit process does not require a public hearing or notification to the residents. Brown noted this is not a wonderful building site. Staff has attempted to address all of the concerns relative to liability by requiring the following: signatures of a registered professional engineer, a certified wetland scientist and registered land surveyor, a survey of the wetland delineation which must occur within 24 hours of the delineation being staked in the field, all three signatures of certification shall be executed on the drawings within a reasonable time frame. No further reviews of the site will be made until these criteria have been met. Councilmember McCarty inquired whether the lot is now dry and a buildable lot even though the pictures reflect standing water in the area of the proposed building site. Brown noted the developer has obtained a professional engineer who has stated the lot is dry enough and contains adequate soils on which to build a proper house and foundation. . Brown stated he has been informed a plan was submitted earlier in the week to the Watershed District which is alleged to meet the criteria. The Watershed District has directed the applicant to forward copies immediately to the City and that has not occurred. Greg Larson, 25535 Orchard Circle, raised concerns relative to flooding on the site as well as designation of the flood plain. He referenced a recent hydrological survey which was completed by the DNR and felt the survey confirms the flood plain setting is inaccurate. Nielsen noted the flood plain elevation was addressed in the previous year. The ordinary high water mark was lowered based on a DNR study which was performed. Mayor Dahlberg asked if the City has a published opinion relative to the location ofthe.flood plain. Brown explained the City utilizes the flood insurance maps which are prepared by the Federal Emergency Management Association or will rely on DNR data. Mr. Larson felt the City should take responsibility for setting the level of the flood plain. Mayor Dahlberg asked if the City has ever hired anyone to establish the flood plain. Brown noted this has not been done. Councilmember McCarty questioned whether it is standard procedure for municipalities to rely on information obtained from FEMA and Brown confirmed it is. McCarty moved, Stover seconded to move Agenda Item No. 11 to be considered after Agenda Item No.5. Motion passed 4/0. . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25,1997 - PAGE 4 5. PRESENTATION ON ANNUAL REVIEW OF LAKE MINNETONKA COMMUNICATIONS COMMISSION BY JIM DANIELS Mr. Daniels was present and reported on the 1997 activities of the Lake Minnetonka Communications Commission. He noted the FCC has ruled in favor of the LMCC relative to rates charged for the second tier of service of Triax. Mr. Daniels estimates a refund to subscribers in excess of$IS0,000. There is a 60 day period oftime in which this matter can be appealed to the FCC. Mr. Daniels urged the Council to continue to move forward on the ordinance language for right of ways and requested the Council review the proposed 1998 Budget. He noted there are no extensive changes with the exception oflegal fees. Legal assistance was obtained in connection with franchise renewal. Councilmember Stover inquired whether there is a proposal to upgrade the equipment since there is frequently questionable reception and a number of channels which blank out. Mr. Daniels explained the LMCC is looking at hybrid designs which will ensure higher quality service. Hurm commented consideration of the proposed 1998 budget for the LMCC will be addressed at the September 8, 1997, meeting of the City Council. SA. STATUS REPORT OF SAFETY IMPROVEMENTS ON SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITHTOWN ROAD AND EUREKA ROAD SOUTH . (This matter was advanced on the agenda at the request of Engineer Brown.) Mayor Dahlberg explained he met with Mr. and Mrs. Stubstad along with Councilmember O'Neill relative to this matter. Brown explained a proposal has been submitted by OSM & Associates which would involve surveying the property, quantifying the encroachment, drafting a legal description for the easement and recording it. The estimated cost of this work is $2,800. In addition, quotes are being requested from other individuals in an effort to determine whether this is a fair price. Mayor Dahlberg noted Councilmember O'Neill felt the City may be able to agree to a compromise. Mr. Stubstad related his understanding a compromise had been discussed. This would allow sufficient room for the contractor to come in and grade, eliminating the need to reconstruct the retaining wall which was damaged. Brown explained before the City can move forward with an easement document, the encroachment will need to be defined and a recordable document will also need to be prepared. Brown noted staffwill complete further research and report back to Council. Mr. Stubstad noted the compromise will allow the stop sign to be moved forward to prevent drivers from using this area as an entrance ramp. He will also be requesting a specified axle weight be posted on this roadway. He felt County Road 19 and Highway 7 to be more appropriate roadways for these type of vehicles to utilize. Mr. Stubstad inquired whether this work could be completed this fall. Brown felt it may be possible, however this is dependent upon the weather. . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25,1997 - PAGE 5 6. Parks - Report by Representative Councilmember McCarty reported on the matters considered and actions taken at the August 12, 1997, meeting of the Park Commission (as detailed in the minutes of that meeting). 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE ASSESSMENT ROLL FOR DELINQUENT UTILITY CHARGES AND OTHER PROPERTY SPECIFIC CHARGES . Mayor Dahlberg inquired whether this resolution also includes charges for property owners who did not allow their sump pumps to be inspected. Finance Director Rolek noted that would apply to one property owner and a letter was received relative to that situation. Attorney Dean felt there to be three options which include whether the charges remain on the roll, whether they are removed from the roll for consideration at a future date or whether the charges should be forgiven. Mayor Dahlberg asked if there is an additional charge against anyone who failed to have an inspection and Rolek confirmed this. Mayor Dahlberg inquired relative to the purpose of the charge. Rolek explained it was intended as an inducement for an individual to have the inspection completed. He explained in approximately 95 percent ofthe cases, no violation of the ordinance has been found. Attorney Dean explained the charge is not a punishment and not a penalty, but it is a way to ensure compliance. Councilmember McCarty would not be willing to forgive this charge, however, if the property owner would allow the inspection, she would vote to remove the charge. Mayor Dahlberg stated he could not vote for the surcharge and felt it to be a strange policy. Councilmember Garfunkel stated he agrees this is a strange policy, however, it is the current policy and residents cannot be allowed to choose which policies they are willing to comply with. Councilmember Stover stated the Council must consider the greater good of the city. Hurm suggested possibly the property owner would allow an inspection by an independent certified plumber rather than City personnel. Attorney Dean stated it has been the policy of the Council over the past several years to defer a decision on this assessment given the pending litigation surrounding this particular property. Councilmember Stover requested this issue be brought before the Council for reconsideration and action prior to November 1, 1997. Dahlberg moved, Stover seconded adopting RESOLUTION NO. 97-69, "A Resolution Approving the Assessment Roll for Delinquent Utility Charges and Other Property Specific Charges with the exception of sump pump charges. Motion passed 3/1. (Councilmember McCarty was the dissenting vote.) Stover moved, Garfunkel seconded to schedule the issue of sump pump charges for further consideration and action prior to November 1,1997. Motion passed 4/0. . . . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25,1997 - PAGE 6 8. CONSIDERATION OF A MOTION APPROVING THE 1998 BUDGET FOR SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT McCarty moved, Stover seconded approving the 1998 Budget for the South Lake Minnetonka Public Safety Department. Motion passed 4/0. Mayor Dahlberg recessed the meeting at 9:27 p.m. and reconvened the meeting at 9:41 p.m. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING FEASIBILITY REPORT AND ORDERING PLANS, SPECIFICATIONS AND ESTIMATES FOR THE LAKE SIDE LATERAL EXTENSION Rolek explained projects in the two previous years relied upon two basic ways to finance the installation of water. One method was to assess a portion of the cost and the second method was to a~ply a portion of the revenues over the course of the financing toward retirement of the debt service. Rolek explained a break-even analysis over a IS-year period of time was considered. In addition, S, 10 and IS-year break even periods were considered and analyses completed. Mayor DaWberg noted there is not a significant difference in cost between the various break even periods which were used. Rolek pointed out the total assessments under any of the scenarios is going to be $7600 to $7900. Mr. Wicka asked if there are additional assessments or costs which need to be considered. Brown stated the next step would be to authorize the preparation of plans and specifications which would be reviewed by the petitioners as well as the Council. Once the plans, specifications and advertisement for bids have been approved, at that point, estimates would be obtained. Brown explained a Consent and Agreement has been drafted which would outline the costs for which the City would be reimbursed. If the petitioners want to move forward with plans and specifications, engineers would prepare a formal proposal outlining the cost. The agreement would then be finalized and brought before the Council for their consideration. Hurm reviewed the Consent and Agreement which tells the petitioners a feasibility report will be prepared and the petitioners would be responsible for the costs up front. Relative to the Consent and Agreement, Councilmember Stover requested that the reference to assessing the "entire" cost in Item NO.2 be amended deleting the word "entire." Attorney Dean said there is a concern with the break even cost as being partially funded through a stream of future payments from another fund. He noted there is nothing at this point which obligates payment of the water bills forthe next 15 years. Rolek stated there are remedies in the ordinance as well as statutory remedies. Attorney Dean will revise the Consent and Agreement to reflect that the cost of the improvement will be assessed against the property in the manner as set forth in the waiver agreement. Mayor DaWberg commented the petitioners will have opportunities throughout the process to withdraw their request. . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25,1997 - PAGE 7 McCarty moved, Stover seconded adopting RESOLUTION NO. 97-70, "A Resolution Accepting Feasibility Report and Ordering Plans, Specifications and Estimates for the Lake Side Lateral Extension." Motion passed 4/0. It was the consensus of the Council to continue on a IS-year break even period given the minimal difference between the S, 10 and IS-year break even periods. Mayor Dahlberg pointed out the assessment, in addition to the cost of a private plumber to make the hook up, will cost approximately $14,000. Mr. Wicka noted he was aware of this. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION - SOUTH BORDER W A TERMAIN EXTENSION Engineer Brown requested this matter be tabled to the September 8, 1997, City Council meeting, due to some technical difficulties which arose. Dahlberg moved, Stover seconded tabling consideration of a Resolution accepting a petition - South Border Watermain Extension to the September 8,1997, City Council meeting. 11. STATUS REPORT OF SAFETY IMPROVEMENTS ON SOUTHEAST QUADRANT OF THE INTERSECTION OF SMITHTOWN ROAD AND EUREKA ROAD SOUTH (This item was considered as Agenda Item SA.) 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR A STREET OVERLAY PROJECT . Garfunkel moved, McCarty seconded adopting RESOLUTION NO. 97-71, "A Resolution Authorizing Advertisement for Bids for a Street Overlay Project." Motion passed 4/0. 13. ADMINISTRATOR AND STAFF REPORTS A. STAFF REPORT ON DEVELOPMENT MONITORING Engineer Brown reported private utilities have been installed on the Watten Ponds site. Pond corrections continue to be pursued by staff. He noted there is an area near the roadway where the Watershed District had approved a pond, however, staff feel there is an ability to improve the side slope and the developer has been instructed to address this issue immediately. Relative to Planning Director Nielsen's Memorandum of August 14, 1997, regarding the Watten Ponds Development, Mayor Dahlberg requested the bullet points be number and depicted on the development map. Councilmember McCarty reported the curb on the LRT trail has been removed. Tree protection fences have been inspected daily at Marsh Pointe and the developer will be reinstalling some of the fencing at staffs request. The developer is proceeding with the installation of sanitary sewer and therefore traffic on Smithtown Road in this area has been rerouted. The developer intends to list this home in the Parade of Homes and staff has given consideration to marking the area of Smithtown Road as a no parking zone to allow for a safe flow of traffic. . . . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 25, 1997 - PAGE 8 With regard to Smithtown Meadows, Mr. Dillerud has been instructed to sweep the street and replace the erosion control fencing. If the sweeping is not completed, the City will contract this out and charge the costs back to the developer. B. REVIEW OF UPCOMING MEETING DATES Hurm noted a work session has been set for Monday, September 15, 1997, at 7:30 p.m. for discussion relative to the Capital Improvement Plan. In addition, Tuesday, September 23, 1997, is another available date for a work session. C. DISCUSSION OF RECYCLING CONTRACT Hurm reported members of the Lake Minnetonka Recycling Consortium have expressed a desire to negotiate an extended contract for services with E-Z Recycling given the exceptional service which has been provided in the past in addition to the affordable cost. Councilmembers McCarty and Stover were in favor of renewing the contract with E-Z Recycling. It was the consensus of the Council that an extended contract be negotiated. 14. MAYOR & CITY COUNCIL REPORTS ~ayor Dahlberg reported there will be a sub-committee developed to address the animal control Issue. 15. ADJOURNMENT Garfunkel moved, McCarty seconded adjourning the meeting at 10:35 p.m. subject to the approval of claims. Motion passed 5/0. (Due to the lateness of the hour, the Council did not convene in a work session format.) RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: r;za ~~ JA S C. HURM, CITY ADMINISTRATOR , MAYOR