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111097 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, NOVEMBER 10, 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 O'Neill; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown Councilmembers McCarty and Garfunkel Review Agenda Absent: B. Mayor DaWberg read the Agenda for November 10, 1997. Administrator Hurm noted the removal of Item 3C from the Agenda due to the requirement of a 4/5 vote. He requested the addition of Item 8A, Consideration of Authorization for Arbitration for the Perkins Construction Case. The agenda was approved as amended. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes - October 27, 1997 Stover moved, O'Neill seconded approving the City Council Regular Meeting Minutes for October 27, 1997, as submitted. Motion passed 3/0. City Council Executive Session Minutes - October 27, 1997 Dahlberg moved, O'Neill seconded approving the City Council Executive Session Minutes for October 27, 1997, as submitted. Motion passed 3/0. City Council Work Session Minutes - October 28, 1997 O'Neill moved, Stover seconded approving the City Council Work Session Minutes for October 28, 1997, as submitted. Motion passed 3/0. 3. CONSENT AGENDA Stover moved, O'Neill seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 97- 94, "A Resolution Making Budget Transfers" B. A Motion Adopting RESOLUTION NO. 97-95, "A Resolution Authorizing the Use of Freeman Park Parking Lot for Snowmobile Safety Training Class" . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 1997 - PAGE 2 C. A Motion to Adopt a Resolution Approving A C.U.P. for an Institutional Wall Sign Applicant: Location: Lutheran Church of Our Savior 23290 State Highway 7 ** This Item Was Removed From The Agenda ** D . A Motion to Approve a Sign Permit for an Entry Monument for Heritage Addition. Applicant: Location: Abingdon Development Corp. Intersection of Noble Road and Edgewood Road E. A Motion Adopting RESOLUTION NO. 97-96, "A Resolution Approving a Temporary Gambling License for the American Legion Post 259" F . A Motion to Approve an Extension for Prosecuting Services with Ken Potts G . A Motion to Approve a Contract for Services with Abdo, Abdo and Eick to Audit Financial Statements for the Year Ended December 31, 1997 H . A Motion to Approve an Amendment to Extend the Deadline Date to Proposed Watermain Extension Agreement for South Border Watermain Extension Project I. A Motion Adopting RESOLUTION NO. 97-97, "A Resolution Correction Resolution No. 5-88" Motion passed 3/0. 4. MATTERS FROM THE FLOOR - None 5. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken by the Planning Commission at their meeting of November 4, 1997, (as detailed in the minutes of that meeting). 6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING CONTINUING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT PRESENTED BY GUY PETERSON, METROPOLITAN COUNCIL STAFF Mr. Guy Peterson, Metropolitan Council, was in attendance and provided the Council with an overview of the Livable Communities Act. Mayor Dahlberg stated he would like to complete the Comprehensive Plan process and then make a decision whether that plan is compatible with participation in the Livable Communities Act. . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 1997 - PAGE 3 Councilmember Stover provided the Council with some background relative to the Livable Communities Act and noted there are inducements to participating in a cooperative program. There are also legislative mandates which could be imposed upon the City if the Livable Communities Act is unsuccessful. Councilmember O'Neill did not feel there to be any incentive or benefit for the City to be involved in this particular program. He suggested the legislature review this plan to include benefits for communities such as Shorewood and the surrounding area. Councilmember Stover noted there is a benefit to participation in that the Metropolitan Council has agreed to assist the City in the past on such issues as lowering sewer rates and transportation. Councilmember Stover also noted the surrounding communities have participated in this act so that the communities would have an opportunity to work together on a plan such as cluster housing, in which case each communities' points could be combined. Stover moved, O'Neill seconded tabling consideration of a Resolution Regarding Continuing to Participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act to the November 24, 1997, Meeting of the City Council." Motion passed 211. (Mayor Dahlberg was the dissenting vote.) 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION HONORING THE 1997 OUTSTANDING SENIOR SERVICES A WARD RECIPIENT Administrator Hurm noted this award honors JoAnn Kvern, Southshore Senior Center Coordinator, for her work. Stover moved, Dahlberg seconded adopting RESOLUTION NO. 97-98, "A Resolution Honoring the 1997 Outstanding Senior Services Award Recipient." Motion passed 3/0. 8. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION PROVIDING FOR DELINQUENT UTILITY CHARGES TO BE LEVIED ON THE PROPERTY Councilmember Stover noted there are two property owners who have not complied with a City ordinance. She noted some property owners prefer to have their utility charges added to their tax bills. Councilmember Stover also pointed out many property owners have complied with this ordinance whether they agree with it or not. Mayor Dahlberg stated he could support the motion insofar as the properties have actually been inspected. Stover moved, O'Neill seconded adopting RESOLUTION NO. 97-99, "A Resolution Providing for Delinquent Utility Charges to be Levied on the Property. " Motion passed 3/0. . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 1997 - PAGE 4 8A CONSIDERATION OF AUTHORIZATION FOR ARBITRATION FOR THE PERKINS CONSTRUCTION CASE City Attorney Dean noted a Summons and Complaint has been brought by the Perkins Contracting Company against the City pertaining to the Smithtown Road project. Perkins Contracting has expressed an interested in participating in binding arbitration. Attorney Dean felt the City to have a strong defense and felt binding arbitration to be a quicker process as well as being less expensive than a trial. Attorney Dean explained the arbitrator's decision will be binding upon the City. The amount in controversy is approximately $17,500. Dahlberg moved, Stover seconded authorizing arbitration for the Perkins Construction case. Motion passed 3/0. 9. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Engineer Brown reported with respect to Marsh Pointe that the private utility companies are installing their services. NSP is also in the process of installing the lights which were approved by the Council. Brown noted there has been no activity in the Watten Ponds Development. B. Staff Report on Gideons Woods Replacement Buffer and Drainage Brown reported Planning Director Nielsen has investigated the possibility of a replacement buffer in the Gideons Woods Development. He explained a berm could be constructed in the northeast quadrant of the site. This would include a fence which would be broken up by some pine trees. At this time, there remain drainage issues which must be resolved. Brown noted Nielsen has redesigned the berm and fence in such a way that it could be completed prior to the drainage issues being resolved. Brown also reported he met with Planning Director Nielsen, Mayor Dahlberg and Mr. Dresser of the Gideons Woods Homeowners Association and noted Mr. Bruce Newton has been advised by telephone and letter what items remain to be completed on this development. C . Status Report on 1997 City Council Priorities Administrator Hurrn reviewed the 1997 City Council Priorities and the status of each. He noted there are a number of items which will be addressed in work sessions which have been scheduled. Mayor Dahlberg suggested reviewing the list in January and that the Council commit to concentrating on higher priority items. D . Report on Petition Received Regarding Closing of Pleasant A venue Hurm reported a petition has been received requesting the closure of Pleasant A venue at Highway 7. He noted all of the residents of Pleasant A venue and Wiltsey Lane have signed the petition. , ' "- .. . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 10, 1997 - PAGE 5 . Councilmember O'Neill commented the closure of Pleasant Avenue would result in a greater emergency response time to this particular neighborhood. The advantage to the closure would be a reduction in traffic on Yellowstone. He noted the current closure of the roadway is to enable MnlDOT to perform a study and obtain traffic counts. Hurm reported a notice will be sent out to the residents informing them of the closures which are scheduled for a three week period. He noted the results of the study being performed by MnlDOT is anticipated to be available by the December 15th meeting for the Council's review. Councilmember O'Neill suggested a neighborhood meeting prior to the Council meeting to obtain neighborhood input relative to the closures. Hurm suggested the meeting be held on December 15th, between 6:00 p.m. and 7:15 p.m., prior to the regular Council meeting. Councilmember Stover wanted to make it clear this is an open forum meeting for anyone to attend. Hurm stated it will be noticed in the newsletter in addition to the notices which will be sent out. E. Report on DNR Grant Received for Snowmobile Patrol Hurm reported a grant of $1,000 has been received and it will be used for overtime and special detail expenditures. F . Discussion on Establishment of Work Session Date . Councilmember O'Neill suggested a work session be routinely scheduled on the third Monday of every month. Mayor Dahlberg suggested work sessions be scheduled every Wednesday until such time as the top priority items can be addressed. Councilmember Stover was in support of Councilmember O'Neill's suggestion of routinely scheduling a work session on the third Monday of the month. Mayor Dahlberg felt there to be an advantage to a routine schedule rather than scheduling miscellaneous dates. 10. MAYOR & CITY COUNCIL REPORTS 11. ADJOURNMENT O'Neill moved, Stover seconded adjourning the meeting to Work Session format at 9:03 p.m. subject to the approval of claims. Motion passed 3/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: YOR . ~ tAtA/VV'1 JAMES!~. HURM, CITY ADMINISTRATOR V