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071398 CC Reg Min . . . i" 'l CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 13, 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 Stover, O'Neill, Garfunkel and Champa; Administrator Jim Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown Review Agenda B. Mayor Dahlberg read the Agenda for July 13, 1998. The agenda was approved as submitted. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - June 22, 1998 The City Council Regular Meeting Minutes for June 22, 1998, were approved as submitted. B . City Council Work Session Minutes - June 22, 1998 The City Council Work Session Meeting Minutes for June 22, 1998, were approved as submitted. C . City Council Work Session Meeting Minutes - June 29, 1998 The City Council Work Session Meeting Minutes for June 29, 1998 were approved as submitted. 3. CONSENT AGENDA Mayor Dahlberg noted an objection had been received relative to utilizing a church facility as a polling place. Councilmember Stover pointed out the requested action is making an address correction. Mayor Dahlberg felt this issue could be discussed at some future time. Stover moved, Champa seconded approving the items on the Consent Agenda and Adopting the Resolutions therein: A. A Motion Approving a Sign Permit for Amoco (currently Fina) Applicant: Suburban Lighting, Inc., on behalf of Oasis Market Location: 24365 Smithtown Road B. A Motion to Amend Resolution 98-051 Establishing a Polling Place for Precinct III for All Future Elections . . . CITY COUNCIL REGULAR MEETING MINUTES JUL Y 13, 1998 - PAGE 2 C. A Motion Adopting ORDINANCE NO. 337, "An Ordinance Extending a Moratorium on the Siting of Wireless Telecommunications Facilities within the City of Shorewood" D. A Motion Adopting RESOLUTION NO. 98-071, "A Resolution Appointing a Vice Chair to the Planning Commission" Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None 5 . PARKS - Report by Representative A. Report on June 23, 1998 Park Commission Work Session Commissioner Arnst reported on the matters considered and actions taken at the June 23, 1998 work session meeting of the Park Commission (as detailed in the minutes of that meeting). 6. PLANNING - Report by Representative Planning Director Nielsen reported on the matters considered and actions taken at the July 7, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). 7. PUBLIC HEARING - CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING AN OUTLOT FOR WATERFORD HOMEOWNERS ASSOCIATION FOR AN ENTRY MONUMENT SIGN Mayor Dahlberg opened the public hearing at 7:17 p.m. Planning Director Nielsen explained the request in detail. Cheryl Samples, Chair of the Waterford Landscape Committee, was in attendance to discuss this issue and stated the annual lease amount is acceptable to the Association. Mayor Dahlberg asked whether all liability issues are clarified by the lease agreement. Attorney Dean explained they will be addressed in the form of a lease which will be presented to the Council for their approval at a later date. Mayor Dahlberg noted the Association will be responsible for any liability relative to this area Attorney Dean stated normally the area of concern relative to liability would be the area immediately surrounding the sign. The Association will be indemnifying the City from any claims and will be required to provide proof of insurance coverage, naming the City as an additional insured. The Association will hold the City harmless and will be responsible for any applicable tax liability. Attorney Dean noted the tax liability will be relatively smaIl. John Mashoff, a member of the Board of Directors of the Waterford Homeowners Association, stated the lease agreement and the conditions contained in that agreement have not been discussed at the Board level although the lease amount appears reasonable. Mr. Mashoff stated this lease agreement will need to be reviewed by the Association's legal counsel, however, he felt agreement could be reached relative to the terms and length of the lease. . . . CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 3 Councilmember Stover commented when a government entity owns property, they are not required to pay property tax. Attorney Dean stated this would be true when the property is devoted to a public purpose. When leasing property to a private entity for a period of three years or longer, the property then becomes subject to taxation. Hearing no public testimony, Mayor Dahlberg closed the public hearing at 7:21 p.m. Stover moved, O'Neill seconded directing staff to prepare a lease agreement regarding an outlot for Waterford Homeowners Association for an entry monument sign. Motion passed 5/0. 8. CONSIDERATION OF A PETITION BY ST. ALBANS BAY RESIDENTS Administrator Hurm reported the City, along with the City of Greenwood, has received a petition requesting greater traffic enforcement on St. Albans Bay Road. He explained a radar unit will be placed on St. Albans Bay Road the week of July 12. Over the following four to six weeks, officers will be patrolling the area on an intermittent basis with emphasis on rush hours. Once this monitoring is completed, a report will be submitted to the Greenwood and Shorewood City Councils. Mayor Dahlberg expressed concern the speed monitoring device will artificially slow the traffic in the area which would impact the results of the study which is being undertaken. The City will need to obtain unaffected results first. Mayor Dahlberg suggested not displaying the speeds which are being registered at the beginning of the study and at some later point, once data has been collected, the speeds could be displayed as a means to reduce the speed in the area. Councilmember Stover inquired whether there has been any request made to the State of Minnesota requesting approval of the currently posted 25 mile per hour speed limit, noting a request can be made for a lower speed limit based on the condition of the roadway. Engineer Brown explained the City does not have the authority to post the speed limits. If the Council chooses to study a speed limit and to have it reduced, the Council would be required to adopt a formal resolution asking the Commissioner of Transportation to set that speed limit. Upon the request of the City Council, the Commissioner of Transportation would conduct a speed study and then establish a speed limit which could be higher or lower than the speed limit the City is requesting. Councilmember O'Neill stated the police department is aware of the situation and will be spending more time in this area. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING FEASIBILITY REPORT FOR WILTSEY LANE IMPROVEMENTS AND ESTABLISHING A PUBLIC IMPROVEMENT HEARING Engineer's Report on Informational Meeting with Wiltsey Lane Residents Held June 24, 1998 Engineer Brown reviewed this matter and also reported on the informational meeting which was held on June 24, 1998, with residents of Wiltsey Lane. . . . CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 4 Brown provided the Council with a comparison of maintenance costs for an aggregate roadway versus a paved roadway. Mayor Dahlberg noted the cost of reconstruction would need to be added to the total cost for a paved roadway as part of the overall 30-year cost. Brown explained five residents were in attendance at the information meeting, however, none of those residents live on Wiltsey Lane. Mr. Plantikow had indicated he would not be able to attend because he felt he did not receive sufficient notice to enable him to attend the meeting. Francis McMahon, 6165 Pleasant A venue, was in attendance and felt there had been sufficient notice to allow attendance at the information meeting. Mr. McMahon stated he would be opposed to scheduling another meeting because he would like this issue resolved. Mr. McMahon did not have a position on whether the improvements take place or not so long as he would not be assessed for the improvements. Mayor Dahlberg stated it is anticipated the homes on Pleasant Avenue would not be assessed for this improvement. Mayor Dahlberg stated he would like to have some indication of the interest of the residents to pursue the improvements before scheduling another informational meeting. Councilmember Garfunkel felt this interest would be driven by the cost involved. Tom Plantikow, 24750 Wiltsey Lane, was in attendance and he inquired whether there would be a cost to residents for the improvement. Mayor Dahlberg related his belief the residents would be required to pay a minimum of one-half of the cost and possibly all of the cost. He commented the amount being assessed would be extended over a number of years, subject to interest charges. Mayor Dahlberg stated he would be willing to consider a 50/50 assessment since one side of the roadway cannot be developed. Councilmembers Garfunkel and O'Neill felt this should be discussed at a future meeting. Councilmember Garfunkel suggested scheduling another public information meeting. Brown felt the central issue of the information meeting will be the question of cost. Councilmember O'Neill stated based on the two scenarios, the cost will probably be in the area of $500 per year for 15 years or $250 per year for 15 years. Mayor Dahlberg was in favor of scheduling another public information meeting to obtain more feedback from the residents. In addition, he pointed out there are future potential costs involved as well which should be discussed. O'Neill moved, Stover seconded directing staff to establish a Public Information Meeting for July 23, 1998 at 7:00 p.m., with notices to be hand delivered by staff, and tabling the acceptance of the Feasibility Report for Wiltsey Lane Improvements. Motion passed 5/0. 10. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Development Monitoring Nielsen reported on the Smithtown Meadows development noting the homes are all built, however, the wear course on the street has not been completed and the landscaping, although partially done, has not been fully completed. The developer was given a deadline of June 29, 1998 to complete this work and it has not been completed. The City will draw on the developer's Letter of Credit and complete the improvements. CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 5 . Mayor Dahlberg expressed concern this may actually be to the advantage of the developer in that the City becomes the contractor. Nielsen explained the developer would be able to complete the work more inexpensively than the City will. Attomey Dean explained drawing on a developer's Letter of Credit does impact the developer's future banking relationships. In addition, Nielsen explained the City does assess an administrative fee and it is to the advantage of the developer to complete the work himself. . . Nielsen also reported on the Watten Ponds project noting the wear course has been completed and the trees have been planted as of today. Staff will review this work to determine whether it is in conformance with the approved plans. B . Report on Shoreline Messages Received Hurm reviewed the messages which were received on the Shoreline (as detailed in the City Council packet for July 13, 1998). C. Report on Storm Clean-Up Engineer Brown reported all curbside pick up has been completed. The tub grinder has returned to the Freeman Park drop site with a new contractor and he is making substantial progress. Brown noted there are wood chips available free of charge to anyone wanting them. Brown also reported the City has obtained Federal Emergency Management Assistance through a declaration by Governor Carlson. This will provide the City with an opportunity to recover some expenses which were incurred relative to storm damage clean up. Councilmember Champa noted there are a number of residents who have not cleaned up their yards. Councilmember Stover explained in her case, tree removal will require the services of a tree service and those companies are not yet available to perform this work. Councilmember Champa raised the issue of whether the Council would consider a change in the storm damage clean up policy to accommodate the residents who will have trees which need to be disposed of, but were unable to during the storm damage clean up. Councilmember Stover stated she would not expect the City to handle this. Administrator Hurm explained that at this time the City does not know how much of the expenses incurred will be reimbursed. He has been advised the City will not be reimbursed for the regular hours of Public Works employees. Overtime hours and a portion of the grinding expense will be eligible for reimbursement. Hurm was uncertain whether the City would be able to recover expenses which are incurred as a result of extending the storm damage clean up efforts. Councilmember Stover did not feel it to be the responsibility of the City to fund any remaining clean up. Mayor Dahlberg noted his agreement and noted this is an issue of equity. D. Administrator's Report on Request for Stop Sign at Maple Leaf Circle Hurm reported on this issue and suggested residents within Shorewood Oaks and along Strawberry Lane received notification. Two stop signs were removed from Shorewood Oaks Drive and Maple Leaf Circle. The residents along the cul-de-sac are requesting stop signs be placed at the intersection of Shorewood Oaks Drive and Maple Leaf Circle. CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 6 . It was the consensus of the Council this issue will be discussed at the next meeting. With respect to notification, the Council was in agreement notice will give given to the residents of Strawberry Lane. E. Review Work Session Schedule and Council Priority Mid-Year Report It was noted there will not be a work session held on Monday, July 20th. The Natural Resources Section of the Comprehensive Plan will be discussed at the July 27, 1998, work session, immediately after the regular Council meeting. Home Occupation Permits, Disaster Preparedness and the Policy Survey will be considered at a work session scheduled for August 3, 1998. The Capital Improvement Program and Sump Pump Ordinance will be discussed at the August 10, 1998 work session which is scheduled to follow the regular Council meeting. The Capital Improvement Program and Assessor Interviews will be considered at the August 17, 1998, work session. The Council will also meet with two candidates for the Telecommunications Consultant position. A work session is scheduled for August 24, 1998, to discuss the 1999 Budget Review at the conclusion of the regular Council meeting. . In addition, a work session has been scheduled for August 31, 1998, at which time the Capital Improvement Program and the Budget will be discussed as well. With respect to the Ad Hoc Land Conservation Committee, Hurm explained the goal is to have a report to Council in early November. He stated he is pleased with the Committee and the progress it is making. Councilmember O'Neill noted there has been an written policy that comments from the floor cannot be longer than three minutes. He noted once a public hearing is closed, the Planning Commission rules state no further public comment will be allowed, although this is not strictly enforced. Councilmember O'Neill suggested the Council discuss this and make adjustments to reflect the style of the current Council. 11. MAYOR & CITY COUNCIL REPORTS Councilmember O'Neill reported the cruise honoring the Police Reserves went well and Officer Rogers was named Reserve Officer of the Year for the second time. Report on June 29, 1998 Work Session + Policy Survey + Adult Use Regulations + Telecommunications Consultant Mayor Dahlberg reported on the June 29, 1998, Council work session in which the issues of policy survey, adult use regulations and a telecommunications consultant were discussed (as detailed in the minutes of that meeting). . . . . ,.. Of ... \ CITY COUNCIL REGULAR MEETING MINUTES JULY 13, 1998 - PAGE 7 17. ADJOURNMENT Stover moved, Garfunkel seconded adjourning the regular meeting at 9:00 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. JAMES YOR I