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020998 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 9, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7 :02 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers O'Neill and Garfunkel; Administrator Hurm; City Attorney Dean; Engineer Brown; Planning Director Nielsen Councilmembers Stover and McCarty Review Agenda Absent: B. Mayor Dahlberg read the Agenda for January 12, 1998. He announced that following the conclusion of the regular meeting, the Council will meet in Executive Se~sion to discuss pending litigation. The agenda was approved as presented. C . City Council Annual Review and Acceptance of Statement 0 f Purpose, Statement of Goals and Statement of City Values Dahlberg moved, O'Neill seconded to accept the Statement of Purpose, Statement of Goals and Statement of City Values. Motion passed 3/0. 2 . APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes - January 21, 1998 Hearing no objection, Mayor Dahlberg approved the City Council Work Session Meeting Minutes for January 21, 1998, as submitted. B . City Council Regular Meeting Minutes - January 26, 1998 Hearing no objection, Mayor Dahlberg approved the City Council Regular Meeting Minutes for January 26, 1998, as submitted. 3. REPORT BY MAYOR AND CITY COUNCIL ON OPEN FORUM MEETING HELD ON JANUARY 27, 1998 REGARDING SNOW~10BILES ON THE LRT TRAIL Councilmember Garfunkel felt the two main concerns which came out of the discussions were the need for more signage and better enforcement. It was generally felt the majority of the people obey the laws, however, there are those who do not. Councilmember O'Neill agreed with Councilmember Garfunkel. He noted he has discussed this situation with Officer Keller and suggested some methods of enforcement which would not be quite so visible. . . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 1998 - PAGE 2 Mayor Dahlberg stated a majority of the people attending the meeting live along the LRT and he felt support was evenly split between people who support continued snowmobiling on the LRT and those who are opposed. Mayor Dahlberg expressed concern that since there is no long term decision which is made on this issue, it is disruptive to the community. Mayor Dahlberg noted many people believe the Council has not made a decision on this issue, however, he pointed out the Council addresses this issue on a yearly basis. He felt it would be helpful if the Council were able to stabilize this policy. Mayor Dahlberg clarified in the past there was a snowmobiling fatality, however, the snowmobiler was speeding on Wedgewood and was not involved with the LRT. Councilmember Garfunkel felt that the current compromise with respect to snowmobile use of the LRT seems to be working. Hurm noted inquiry was made relative to the use of horses on the LRT. He explained Hennepin Parks has responded that horses are prohibited throughout the year to protect the trail surface. Mayor Dahlberg noted there were comments made at this open forum that the signage on the trail is too small. Hurm noted red flags have been posted on the speed signs. A sign inventory was completed to ensure all signs are in place. Engineer Brown has proposed 4'x4' signage for the LRT. It was the consensus of the Council to move forward with this additional signage. It is anticipated the additional signs will be in place in March. O'Neill moved, Dahlberg seconded approving an expenditure of $709.68 to cover the cost of two additional 4' x 4' signs for the LRT Trail. Motion passed 3/0. 4. CONSENT AGENDA Garfunkel moved, O'Neill seconded approving the Motions on the Consent Agenda: A . A Motion Setting the Second Council Meeting in May on May 26 B. A Motion Approving the Request to Allow the Annual Norwest Half Marathon to Traverse the City on May 3, 1998 C . A Motion Establishing the Spring Clean Up Date at May 16, 1998 Motion passed 3/0. 5. MATTERS FROM THE FLOOR Greg Larson, 25535 Orchard Circle, provided the neighborhood perspective relative to the Watten Ponds Development and compliance with the development agreement. Mr. Larson reported the tree protection barriers are not being maintained. He also stated trees appear to have been cut in areas in which they should have been saved. Mr. Larson also noted the wetland area which was to be restored and reclaimed has not been addressed. . . . CCITY.COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 1998 - PAGE 3 Engineer Brown explained staff has notified the Watershed District, as has Mr. Larson, that the wetland mitigation work does not appear to have been completed. Nielsen stated the Watershed District has not replied to the inquiries of the City. He explained the Watershed District is holding a Letter of Credit to ensure the work is completed. Attorney Dean felt this issue should be investigated to determine whether the City has the authority to hold up any future construction until this matter is resolved. Attorney Dean stated the City's agreement with the developer requires, among other things, that they comply with the rules and regulations of other entities. In the event they are failing to comply with those rules and regulations of the Watershed District, the City may take the remedies available under the development agreement at that point. Mayor Dahlberg expressed concern the developer is slipping away from the standards when he is not being constantly monitored. Councilmember O'Neill noted there had been a number of actions taken against the developer in the past and it now appears the situation has not improved and it may be time to readdress this issue. Brown explained discussions were held last week with the developer and there is a shift in the project in that the contractors on the project last fall were the roadway and site grading contractors. The process has started over again with the various builders who are on the site. Mr. Larson expressed concern relative to the large trucks and semis backing blindly across Eureka Road and the safety hazard this creates. Brown stated the builders have parked various vehicles around the cul-de-sac which prevents the trucks from facilitating that area. He has discussed this matter with Police Chief Young and the City does not have any additional authority with regard to an incident which happened in this area. If a motor vehicle violation occurs, this falls under the responsibility of the South Lake Police Department. At this point, the incident which occurred is being followed up judicially. 6. PARKS - Report by Representative A. Report on January 28, 1998 Meeting Commissioner Dallman reported on the January 28, 1998 meeting of the Park Commission (as detailed in the minutes of that meeting). B. A Motion Authorizing the Execution of an Agreement for Professional Market Research Services Mayor Dahlberg expressed concern relative to councilmembers being in attendance at the Community Input Meeting. He stated he did not want the goals of the Park Commission to be inhibited by the presence of councilmembers. Councilmember O'Neill was in favor of utilizing a 400 random response survey because he felt it would better represent the demographics of the city. O'Neill moved, Dahlberg seconded authorizing the execution of an agreement for Professional Market Research Services in an amount not to exceed $6,500, to be expended from the Trail Fund. Motion passed 3/0. 7. PLANNING - Report by Representative Commissioner Kolstad reported on the February 3, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 1998 - PAGE 4 Discussion of Proposed Moratorium Regarding Communication Facilities Mayor Dahlberg requested Commissioner Kolstad ask that each of the commissioners who attend the Council meeting to report provide the Council with an Executive Summary similar to the one Commissioner Kolstad distributed at this meeting. Mayor Dahlberg explained the Federal government has ruled that municipalities must accept the communication antennas. Attorney Dean explained the City cannot prohibit communication antennas, however, they are subject to reasonable land use regulations. He noted many cities are considering this matter and various patterns of regulation are being developed. Mayor Dahlberg inquired whether there is any concern relative to a moratorium which could be in effect for as long as six months. Attorney Dean stated the statute allows for a moratorium of 18 months with an extension of 12 months. He felt the City could save time by borrowing information which has already been derived by other cities in developing a definitive ordinance. Dawn Barrows, AT&T Wireless Services, was in attendance and stated AT&T would welcome the chance to work with the City during this period of moratorium. Mayor Dahlberg stated he would not want to impose anxiety unnecessarily on parents by locating antennas very close to the Minnewashta school in the face of scientific controversy. Councilmember O'Neill noted he has also requested the Planning Commission review the status of any lawsuits which have occurred in this regard. Dahlberg moved, Garfunkel seconded directing staff to prepare an ordinance establishing a moratorium regarding communications facilities not to exceed six months. Motion passed 3/0. 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION FAVORING CONTINUATION OF FUNDING FOR SENIOR PROGRAMS Dahlberg moved, O'Neill seconded adopting RESOLUTION NO. 98-011, "A Resolution Favoring Continuation of Funding For Senior Programs." Motion passed 3/0. 9. CONSIDERA TION OF A MOTION TO ADOPT ACCEPTING UNDERGROUND UTILITIES FOR DEVELOPMENT A RESOLUTION MARSH POINTE O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-012, "A Resolution Accepting Underground Utilities for Marsh Pointe Development." Motion passed 3/0. 10. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Development Monitoring Nielsen stated staff will investigate the areas of concern on the Watten Ponds Development site and compare them to the tree preservation plans which have been approved to ensure compliance. . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 1998 - PAGE 5 Brown and Nielsen both met with the developer and the engineer of Gideon Woods to address the pond outlet. The engineer must make a revision of the plans prior to reaching a solution which will be amenable. B. Report on Shoreline Messages Hurm noted positive feedback has been received relative to the new picnic shelter and a request has been made for a second picnic shelter in the softball area. This matter has been referred to the Park Commission for their consideration. It was noted there was a broken picnic table in the wooded area and this matter has been taken care of as well. Hurm reported a $10,000 grant has been received for the Tonka United Soccer Association from the Minnesota Amateur Sports Commission. The City will work with representatives of Tonka United Soccer as well as the granting authority to determine how the grant will be utilized. The City Council Work Session Schedule has been revised as follows: February 25, 1998 March 2, 1998 March 16, 1998 March 30, 1998 March 31, 1998 April 16, 1998 Capital Improvement Plan Joint Meeting with the Park Commission Should the City Facilitate Neighborhood Meetings Green Space Set Aside Options Joint Meeting with the Planning Commission Survey of Citizens on Policy Questions/Quarterly Review of Priorities 11. MAYOR & CITY COUNCIL REPORTS Mayor Dahlberg stated there was an incident in the Watten Ponds Development in which an 18- wheel truck nearly struck a small child. He asked whether it would be feasible to prohibit anyone from backing into this area. Brown has discussed this matter with the Asst. City Attorney and it has been determined this could not be prohibited without weight restrictions or prohibiting trucks entirely. Brown felt weight restrictions could be imposed for Orchard Circle during this development time frame, however, these weight restrictions could impede deliveries which would be made by UPS vehicles. City Attorney Dean suggested if an ordinance were to be adopted, the ordinance should declare Orchard Circle as a weight restricted road and direct the City Engineer to post and enforce such weight restrictions as he, in his judgment, deems appropriate and necessary. Garfunkel moved, O'Neill seconded adopting ORDINANCE NO._:i:!n~ "An Ordinance Imposing a Weight Restriction for Orchard Circle," and directing the City Engineer to post and enforce such weight restrictions as the City Engineer deems appropriate and necessary. Motion passed 3/0. . . . .. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 9, 1998 - PAGE 6 12. ADJOURNMENT O'Neill moved, Garfunkel seconded adjourning the meeting at 8:43 p.m. to Executive Session subject to the approval of claims. Motion passed 3/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc.