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082498 CC Reg Min . . . r CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, AUGUST 24, 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 7:00 p.m. The Council did not meet in Executive Session prior to the regular meeting to review the status of litigation matters as had been originally intended. At the conclusion of the regular meeting, the Council will convene in Work Session format. A . Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director AI Rolek B . Review Agenda Mayor Dahlberg read the Agenda for August 24, 1998. Councilmember Stover requested the removal of Item 3A from the Consent Agenda to be considered separately as Item 4A. The agenda was approved as amended. 2 . APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes - August 3, 1998 Dahlberg moved, O'Neill seconded approving the City Council Work Session Meeting Minutes of August 3, 1998, as submitted. Motion passed 3/0. (Councilmembers Stover and Champa abstained.) B . City Council Executive Session Meeting Minutes - August 10, 1998 Stover moved, Garfunkel seconded approving the City Council Executive Session Meeting Minutes for August 10, 1998, as submitted. Motion passed 5/0. C. City Council Regular Meeting Minutes - August 10, 1998 Champa moved, O'Neill seconded approving the City Council Regular Meeting Minutes for August 10, 1998, as submitted. Motion passed 5/0. D . City Council Work Session Meeting Minutes - August 10, 1998 Garfunkel moved, Champa seconded approving the City Council Work Session Meeting Minutes of August 10, 1998, as amended on Page 2, Delete Paragraph 12, and insert "Mayor Dahlberg noted as long as the Water Fund is in good shape, that would be an argument for rebuilding the structure." Page 3, Paragraph 1, Sentence 1, change to read, "Mayor Dahlberg noted his preference to be cautious to preserve the fact the Water Fund is in good condition." Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 2 E. City Council Executive Session Meeting Minutes - August 17, 1998 O'Neill moved, Champa seconded approving the City Council Executive Session Meeting Minutes for August 17, 1998, as submitted. Motion passed 4/0. (Councilmember Stover abstained.) F. City Council Joint Work Session Meeting Minutes - August 18, 1998 Garfunkel moved, O'Neill seconded approving the City Council Joint Work Session Meeting Minutes of August 18, 1998, as amended on Page 1, Item 2, Paragraph 3, change to read, "Councilmember O'Neill questioned how the County would keep values from excessive increases when an assessment is done. Motion passed 3/0. (Mayor Dahlberg and Councilmember Stover abstained.) 3. CONSENT AGENDA O'Neill moved, Champa seconded approving the items on the Consent Agenda and Adopting the Resolutions therein: A. A Motion Adopting, "A Resolution Requesting a Traffic Study on Shorewood Oaks Drive and Oak Leaf Circle" THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA B. A Motion Approving a Temporary Sign Permit for Oasis Market Applicant: Location: Oasis Market 24365 Smith town Road C. A Motion Adopting RESOLUTION NO. 98-077, "A Resolution Providing for Delinquent Utility Charges to be Levied" D . A Motion Adopting an Emergency Management Ordinance E. A Motion Adopting RESOLUTION NO. 98-078, "A Resolution Authorizing Publication of a Summary of the Emergency Management Ordinance" F. A Motion Approving a Contract for Services with Abdo, Abdo, Eick and Meyer to Audit Financial Statements for the Year Ended December 31, 1998 Motion passed 5/0. 4. A. A Motion Adopting, "A Resolution Requesting a Traffic Study on Shore wood Oaks Drive and Oak Leaf Circle" Councilmember Stover expressed concern if the Commissioner of Transportation were to grant the request setting the speed limit on Oak Leaf Trail at 25 miles per hour and then did not also reduce the speed limit on Shorewood Oaks Drive, there would be different speed limits on those two parallel streets. Administrator Hurm noted it would not be required that the speed limit be reduced to 25 miles per hour if the Commissioner of Transportation were to say it could be lowered. . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 3 Brown explained at this time, the traffic reports reflect the traffic on these roadways is very balanced. The minimum and maximum speeds were within one mile per hour of each other and the vehicles per day differed by only 20 over the average. It is staffs recommendation that changes be made only if both requests are approved by the Commissioner of Transportation. . Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-079, "A Resolution Requesting a Traffic Study on Shorewood Oaks Drive and Oak Leaf Circle." Motion passed 5/0. 4. MATTERS FROM THE FLOOR Bob Gagne, President of the Friends of the Southshore Center, was in attendance and reported water had run in the west door of the facility. The builder is being aware of this situation since March of 1997. He requested some action be taken relative to the builder's lack of response to this situation. Attorney Dean stated the contractor was found in default and claims are being processed against the bonding company and others. Engineer Brown stated the drainage issue is being pursued. Be stated the Public Works Department had installed a seal around the door and it has been removed. Mr. Gagne was opposed to sealing the door, however, Brown explained it was sealed in a way in which it could be opened as a fire exit. . Mr. Gagne addressed the issue of the Badger Well building and stated it is a metal building which has not been allowed in the City. Christine Lizee, 27055 Smithtown Road, addressed the Council and asked she be allowed to raise questions on a number of the items on the agenda as the Council addresses them. Mayor Dahlberg explained that to be the tradition of the Council. 5 . PARKS - Report by Representative A. Report on August 11, 1998 Park Commission Meeting Commissioner Arnst reported on the matters considered and the actions taken at the August 11, 1998, meeting of the Park Commission (as detailed in the minutes of that meeting). B. Request for Joint Work Session on September 21 to Review Results of Park & Trail Report Councilmember Champa stated he would like the same presentation which was received by the Park Commission, however, a presentation of this type would take a considerable amount of time at a regular City Council meeting. It was felt after the joint work session, this item could return to the Council at a regular meeting for further discussion. . Councilmember Stover felt there would be a number of people who would be interested in hearing this presentation and suggested it be televised. Administrator Burm will investigate this possibility with the Cable Commission. The consensus of the Council was to set the joint work session on September 21 to review the results of the Park and Trail Report. This date is subject to change if it cannot be recorded for telecast. . . . r CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 4 6. PLANNING - Report by Representative A. Report on August 4, 1998 Planning Commission Meeting Planning Commissioner Callies reported on the matters considered and actions taken at the August 4, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). B . A Motion to Consider a Request for a Simple Subdivision Applicant: Location: Tom and Karen Londo 22695 Murray Street Stover moved, Garfunkel seconded directing staff to prepare a resolution approving a Simple Subdivision for Tom and Karen Londo at 22695 Murray Street. Motion passed 5/0. C. A Motion to Adopt an Ordinance Amendment - Adult Use Planning Director Nielsen and Attorney Dean reviewed this matter in detail. Attorney Dean explained the Council will need to decide whether to include a special provision relative to notification that such a business wishes to locate within the City. Mayor Dahlberg stated he recognizes the Council must operate within the context of the First Amendment, however, he would not have a problem with notification. Councilmember O'Neill noted other types of businesses in the City do not require a public hearing and he expressed concern this could leave the City open to a lawsuit based on discrimination. Councilmember Garfunkel pointed out if a business meets all of the necessary requirements to locate within the City, the Council could not deny them the ability to establish in the City. Mayor Dahlberg felt notification and public debate to be two separate issues and he stated applications would be considered on a case by case basis to determine whether the application meets the ordinance and the Comprehensive Plan. Councilmember Stover expressed concern someone could be missed through the notification process and felt information could be adequately provided through articles in the newsletter. She stated she would prefer notification not be included as an ordinance provision. Councilmember Garfunkel noted his agreement. Councilmember Champa stated he would favor including a notification provision in the ordinance. Mayor Dahlberg stated he is comfortable with the ordinance amendment with the understanding it would be his intent, as a policy issue, to notify the public. O'Neill moved, Stover seconded adopting ORDINANCE NO. 338, "An Ordinance Amendment Relative to Adult Use." Motion passed 5/0. Councilmember Champa inquired when the Council will receive a policy statement relative to notification for review. Nielsen explained the Planning Commission will review this matter and submit their recommendations. . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 5 D. A Motion to Adopt a Resolution Authorizing Publication of a Summary of the Adult Use Ordinance O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-079, "A Resolution Authorizing Publication of a Summary of the Adult Use Ordinance." Motion passed 5/0. 7 . DISCUSSION REGARDING THE PURCHASE OF A SNOWMOBILE Hurm reported the Excelsior Fire Department anticipates upgrading their equipment and it would be possible to utilize their's as a backup. He also reported it is possible to purchase a snowmobile from various dealers at approximately 50 percent cost. Other options would be to ask the other cities in the Police Cooperative if they are interested in having the Police Department purchase a vehicle; and to solicit donations for the purchase of a backup snowmobile. Councilmember O'Neill questioned how an additional officer would be funded and whether there would be increased costs to the City. Hurm explained the Police Department is attempting to obtain grant funds which are used to pay for officer overtime. Councilmember O'Neill requested Administrator Hurm speak with Chief Young to determine the costs involved. . 8. CONSIDERATION OF A MOTION REGARDING ASSESSING SERVICES Administrator Hurm addressed this matter. Councilmember O'Neill asked whether the City would be able to terminate this arrangement with the Hennepin County Assessor's Office at the end of the two year time period. Attorney Dean will review the documents to ensure this provision is included. Councilmember Champa commented on the August 18, 1998, Council Work Session which was held relative to securing a City Assessor and stated it was a very positive meeting and he feels comfortable in utilizing the Hennepin County Assessor's Office. Councilmember O'Neill expressed some concerns relative to utilizing the County assessors, however, he pointed out there are limited options available to the City. He also noted senior assessors will be permanently assigned to the Shorewood area given the atypical properties. The assessors will be officed in Orono. Councilmember O'Neill stated one negative point would be the fact the County Assessor's Office has had a 50 percent turn over in assessors. Councilmember Garfunkel stated the County assessors have a number of resources available to them and have had training working with the public in an effective manner. Scott Zerby, 5680 Christopher Road, inquired whether any other assessors had been considered. Hurm explained in excess of 400 requests for proposals were sent out and only one proposal was received. He noted utilizing the Hennepin County Assessor's Office was also an option. . Mr. Zerby felt there to be other alternatives available. Councilmember O'Neill explained in a market such as currently exists, assessors generally move into appraising positions resulting in a shortage of assessors. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 6 . Mr. Zerby inquired whether the City could employ a City Assessor. Hurm explained this was attempted through the request for proposals which was made to the Minnesota Assessors Association. He further explained there have been discussions with the City of Orono and the possibility of Orono employing their own assessor in the future and the City of Shorewood contracting for those services. Mr. Patrick Poshak was in attendance and explained he was the only assessor to submit a proposal. He felt the reason the City did not receive more responses was a lack of knowledge on an assessor's part relative to developing a proposal and establishing an office. Mr. Poshak stated establishing an office is an overwhelming task. Mr. Poshak reviewed his qualifications and explained his accreditation exceeds the requirements the City is requesting. He stated he has had considerable experience in assessing various types of lakeshore properties. He explained his particular service would provide greater flexibility. Mr. Poshak stated he would like to be considered on a trial basis offering a one year contract. He acknowledge the County does provide a good service, however, they are restricted to somewhat limited time tables. Mr. Poshak stated he currently works with the City of Rogers, the Township of May and the City of Grant. . Councilmember O'Neill stated he has reviewed Mr. Poshak's proposal as well as that of the County and explained he is in favor of utilizing the County assessors. Councilmember Garfunkel stated he was comfortable with the meeting which was held with the County assessors and he would be comfortable utilizing the County assessors as well. Councilmember Champa noted his agreement and felt there to be a critical time frame in which to respond to this situation and felt action should be taken. Mayor DaWberg thanked Mr. Poshak for submitting a proposal and making his presentation. Councilmember Stover stated it is favorable to have a consistent assessor and commented she appreciates the flexibility factor. She stated although there is a relatively high chance the County assessor would change, their system would not. Councilmember Stover pointed out the County is always available as an option and she would like some time to reconsider this matter. . Mayor DaWberg stated he would be comfortable with taking some time to consider this matter. Mr. Poshak stated he utilizes the same system as Hennepin County. He assured the Council he would be the sole appraiser in the City until such time as a system has been fully established and implemented. Mr. Bob Gagne pointed out the City previously discontinued the services of Hennepin County because they were not flexible and would not provide the services Mr. Poshak offers. Councilmember O'Neill expressed concern with not making a decision on this issue. He noted he attended the work session along with Councilmembers Champa and Garfunkel relative to contracting with Hennepin County. He was opposed to putting off a decision because he felt staff thorougWy investigated this matter. Councilmember O'Neill also felt Mayor Dahlberg and Councilmember Stover were not well informed on this issue since they were not in attendance at the meeting with the Hennepin County Assessor's Office. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 7 . Councilmember Champa noted the City of Orono has been happy with the services of the County assessor. He also noted his agreement with Councilmember O'Neill and pointed out staff did investigate this matter and provided a recommendation. Councilmember O'Neill commented he has reviewed the proposals in detail and felt the County to be the best option at this time. Stover moved tabling consideration of authorizing assessor services to the next regular meeting of the City Council. Motion failed for lack of a second. Garfunkel moved, O'Neill seconded authorizing the Mayor and City Administrator to enter into a two year contract with Hennepin County for Assessment Services subject to review by the City Attorney. Motion passed 4/1. (Councilmember Stover was the dissenting vote.) 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION REGARDING THE EXCELSIOR FIRE DEPARTMENT Administrator Hurm reviewed this matter in detail. He explained the resolution calls for a special committee to be established for a six month period of time to investigate and discuss some of the issues raised in terms of governance and management. . O'Neill moved, Stover seconded adopting RESOLUTION NO. 98-081, "A Resolution Regarding the Excelsior Fire Department." Motion passed 5/0. 10. CONSIDERATION OF A MOTION APPROVING PLANS, SPECIFICATIONS AND ESTIMATES AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR EMERGENCY VEHICLE PREEMPTION (EVP) - T.H. 7 AND COUNTY ROAD 19 AND T.H. 7 AND OLD MARKET ROAD Engineer Brown explained the cost for construction is estimated at $17,000. This project is eligible for State aid funding which will come from the MSA account. A portion of the engineering costs are also eligible and will be funded out of the MSA account as well. Stover moved, Champa seconded adopting RESOLUTION NO. 98-082, "A Resolution Approving Plans, Specifications and Estimates and Authorize Advertisement for Bids for Emergency Vehicle Preemption (EVP) T.H. 7 and County Road 19 and T.H. 7 and Old Market Road." Motion passed 5/0. Mayor DaWberg recessed the meeting at 8:51 p.m. and reconvened at 9:01 p.m. 11. CONSIDERA TION OF AN OFFER TO SELL LAND - 25720 HIGHWAY 7 Attorney Dean explained two weeks ago the City received an inquiry from Attorney Kelly who represents Shirley and Alvin Wagner, owners of the property located at 25720 Highway 7. The inquiry was to determine whether or not the City would have any interest in purchasing that property which consists of approximately 5.5 acres. . .' . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 8 Attorney Dean explained the City is involved in litigation with the current holder of the Purchase Agreement with the Wagners for that property and was concerned the City not engage in any conduct which would result in additional litigation. Given that situation, the City would, however, be willing to hear any proposal to sell the property to the City as well as an understanding from them relative to their belief they could sell it to the City rather than the current holders of the Purchase Agreement. Attorney Dean received a written proposal from Mr. Kelly relative to selling this particular tract of land to the City. Copies of the proposal and the proposed resolution were distributed to the Council for their review and consideration. Attorney Dean explained the proposal contains the Wagners' principle provisions, a purchase price of $237,000, earnest money of $5,000 with a closing date to occur within 30 days after the current Contract for Deed is canceled. Attorney Dean recommended it would be appropriate for the Council to consider this matter for a number of reasons. He explained the offer was entirely the product of a contact by the Wagners through their attorney. He stated it was in no way induced or prompted by the City or anyone acting on behalf of the City. Attorney Dean stated the terms which are contained in the letter proposal are terms which have been formulated by Attorney Kelly and is not the product of any negotiation or discussion between Attorney Dean's office or anyone else on behalf of the City and the Wagners. Attorney Dean commented he has been informed by Attorney Kelly that the purchasers under the other Purchase Agreement, Eagle Crest Development, are currently in default under that agreement by having failed to comply with the time frames provided for in that agreement and, consequently, the Wagners have the ability and the authority at this point to begin cancellation proceedings under that agreement. Attorney Dean felt it appropriate for the Council to review this matter, noting through the cancellation process, Eagle Crest Development would still have the option to go ahead and acquire the property under the terms and conditions established in their Purchase Agreement with the Wagners and they would not be deprived of that opportunity by any action the Council may take relative to this matter. Attorney Dean stated it would not be appropriate to proceed from the standpoint of the affect it may have on the pending litigation. He urged the Council as it considers whether or not to accept the offer proposed by the Wagners to look at whether or not the City would be acquiring this land if there were no litigation. Attorney Dean stated it will be important to determine whether there is a purpose, reason, use or objective to be accomplished unrelated to the lawsuit which serves public purpose which would lead the City Council to believe this would be an appropriate and important decision to make if it were not for the litigation currently facing the City. Mayor Dahlberg inquired relative to acquiring sites for cellular telecommunications towers. Hurm explained the Council will be meeting with its consultant in this regard within a month. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 . PAGE 9 . Mayor Dahlberg asked what type of revenue would be available if a telecommunications tower were to be constructed in this area. Hurm explained a tower was constructed in Tonka Bay and the City of Tonka Bay receives approximately $10,000 per year from the first company leasing space. The second company pays approximately $12,000 per year and there is room for a third company to locate at this site. Hurm felt it would be possible to receive revenues of approximately $30,000 to $32,500 per year on a free standing tower. Councilmember Stover inquired where the funds would come from if this property were to be purchased. Hurm stated he would recommend the expenditure come from the General Fund balance. This would draw that fund down, however, the City would still be near what is considered to be the desired General Fund balance, which is 40 percent of the budget. Other fund balances could be utilized on a "loan" basis. . Councilmember Stover questioned whether the General Fund balance should more appropriately be at 50 percent of the budget. Hurm explained cities generally keep the General Fund balance at a point between one-third of the budget to as high as 65 percent. Finance Director Rolek stated the General Fund is currently at 52 percent of the budget. By year end, the General Fund will be under 50 percent of the budget. Councilmember Stover inquired relative to what the public purpose in purchasing this property would be. Attorney Dean explained the City should determine whether these revenues would be considered a definite funding source for the acquisition of this property. He stated the City may not know whether there will be a tower user at this site and whether there will be funds available for a long period of time. He advised the City should be sure it has other funding sources for such a purchase. Attorney Dean stated the resolution which was prepared for consideration by the Council states the principal public purpose for the property would be park land and recreational use given its proximity to Freeman Park. Mayor Dahlberg inquired whether the Land Conservation Committee has reviewed this matter. Attorney Dean stated the Committee does not know of the offer at this point, nor would they be in a position to make a recommendation at this time. Councilmember Stover pointed out at this point, the Council does not have a plan to acquire land. She noted this has not been included in the budget or the Capital Improvement Program as a goal. Mayor Dahlberg pointed out if the City were to receive revenues of $36,000 per year, it would take 7 to 10 years to payoff the property. Councilmember O'Neill stated he would be interested in the opinion of the Park Commission relative to this issue. Councilmember Garfunkel felt it would be important to obtain a professional opinion relative to the appropriateness of the price which is being asked for the property. He stated typically when property is up for sale, there are negotiations relative to the price. Attorney Dean stated it would be appropriate from the standpoint of due diligence to get an appraisal determination of the market value of the property. He cautioned the Council against negoti.ating over price given the pending litigation. . . . . .' CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 10 Bud Koch, addressed the Council and stated it is a lengthy process to get an item approved by the Council. He expressed concern there is a proposal in front of the Council and ways to purchase the property are already being contemplated. Mr. Koch noted this issue was not noticed in the newsletter either. Mr. Koch recalled it was alleged the senior development which was proposed for this area would produce signifIcant traffic and he expressed his concern a park would do the same. He requested the Council hold an open hearing relative to this issue. Mayor Dahlberg requested Attorney Dean review the process which will need to be followed as the Council moves toward a decision on this issue. Attorney Dean explained the decision to acquire land must be done at an open City Council meeting, scheduled on the agenda and acted upon at an open meeting by the City Council. He stated theoretically, the Council could take action at this time. In the event the Council feels more input is needed, they may take that time, however, it is not necessary. Laura Turgeon provided a copy of the Minnesota Statute and explained this matter must fIrst be presented to the Planning Commission. Attorney Dean stated the Council can waive that provision by unanimous vote. Ms. Turgeon stated this must be consistent with the Comprehensive Plan and there is nothing in the Comprehensive Plan relative to the acquisition of land or open space. Councilmember Stover inquired whether a public hearing would be required prior to making a purchase of this nature. Attorney Dean stated this is not required. Bob Gagne suggested the Council speak with the residents to determine whether they are in favor of cellular towers in this location since they were opposed to the senior development. Mayor Dahlberg stated it was a goal to keep the towers away from the schools. He noted there are several public purposes for the property such as location of a telecommunications tower, park expansion or land conservation. Councilmember O'Neill explained the Council did not have any notice that a resolution would be brought forth at this meeting. Councilmember Champa felt this to be too big of a purchase not to take it further and debate it thoroughly. He stated he would like considerably more information prior to moving forward. Councilmember Stover stated if the City is going to purchase land, which has not been a goal of the Council to this point, there should be a plan relative to a purpose for the land. Mayor Dahlberg stated he would like recommendations from staff for every step which should be taken prior to the Council making a fInal decision. Councilmember Garfunkel felt it should be kept in mind the City is almost completely developed and this particular piece of property adjoins the park land. Councilmember Champa stated his belief the Park Commission needs to review this matter. Councilmember Garfunkel felt some decisions need to be made relatively quickly in this regard. Councilmember O'Neill commented the Council did not pursue this offer. He stated he would also like further information prior to making a decision on this matter. Councilmember O'Neill felt a decision should be made relative to whether the Council wants to investigate this matter further. . . . " CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 11 Councilmember Stover felt the decision whether to purchase this land should be done by a referendum. She remarked this involves a substantial amount of money. Councilmember O'Neill stated he would like to receive feedback from both the Planning and Park Commissions. Councilmember Garfunkel would like input from the Park Commission relative to whether this property could be put to use. Mayor Dahlberg inquired whether the City could sell a portion of the property if there were an interested buyer. Attorney Dean confirmed that would be true if the property were originally purchased for public purpose rather than simply for resale. Councilmember Stover requested the Council be sure it is following the appropriate process. Mayor Dahlberg asked that Staff return with a recommended process for considering this issue. Councilmember O'Neill suggested noticing this matter for inclusion on the September 14th agenda, inviting anyone with comments to attend. Councilmember Stover felt a public hearing should be held. Christine Lizee commented it may behoove the Council to review the process to be followed and provide information to the Planning and Park Commissions. A public hearing could then be held in October since a summary judgment is pending for the end of September. Ms. Lizee requested copies of the Wagners' proposal as well as the proposed resolution. Councilmember Garfunkel remarked that any legal issues are a separate issue. Attorney Dean explained decisions on summary judgments may take as long as 90 days from the date the motion is heard by the Court. He further explained the Council needs to consider this matter separate from the pending litigation. Mr. Zerby questioned whether there is a spending limit before an issue must go before the citizens. Attorney Dean stated in this instance there are funds in the General Fund and this purchase would not require any borrowing. The Council may purchase land and other items as long as they serve general public functions. Mr. Zerby inquired relative to what would be required to obtain a permit to construct such a tower. Attorney Dean stated the ordinance is currently being formulated. There is an existing moratorium relative to this issue and the specific provisions of the ordinance are unknown at this time. Ms.. Turgeon questioned whether the acquisition of land for public purpose would have to be consistent with the Comprehensive Plan. Attorney Dean explained the land cannot be put to a use which is inconsistent with the Comprehensive Plan. The City could acquire the property and use it in its current condition for a period of time before any conversion might occur. Ms. Turgeon noted there is no reference in the Comprehensive Plan to open space or the expansion of parks. Attorney Dean stated he would need to review the Comprehensive Plan. Ms. Turgeon suggested as a part of the process, this matter be referred to the Planning Commission to determine whether or not it is consistent with the provisions of the Comprehensive Plan. Mr. Koch felt this issue to be moving too fast and commented he hopes the City is not purchasing the property to cover a lawsuit which is going on. . . . ." CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 .. PAGE 12 Councilmember Champa stated he intends to look at this issue separately not taking into account any pending legal actions. Mary Lou Swenson, 24745 Amlee Road, inquired what impact purchasing this property would have on the future tax roles. Mayor Dahlberg stated he would like to be confident this property could be purchased through $36,000 per year revenue which could be acquired from a cellular tower. It was the consensus of the Council this matter will be noticed in the newsletter for inclusion on the September 14th agenda. Councilmember Stover stated if the Council is coming up with a proposal, she would like a public hearing prior to voting on the proposal. In addition, if this matter is being sent to the Planning Commission, she requested they compare this to the Comprehensive Plan. Councilmember Stover stated she would also like to see a financial breakdown since she felt this could cause future cash flow problems. She also requested additional information relative to potential income from cellular towers. Mayor Dahlberg stated he would also like to receive an opinion from the telecommunications consultant relative to this property as a potential site for a telecommunications tower. Pat Arnst stated she addresses the Council as a citizen and taxpayer and felt this to be a substantial mount of money in a small city. She expressed disappointment the statutory process was not followed even though there is an option not to follow this process. Councilmember Champa pointed out the Council is following that process by requesting further information and recommendations. Ms. Arnst did not feel this would have happened had the residents not been in attendance. Councilmember Stover inquired whether Attorney Dean will need to send a response to Attorney Kelly. Attorney Dean stated he will inform Attorney Kelly the Council is currently seeking additional information and public input relative to this matter. 12. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Development Monitoring Planning Director Nielsen reported on Smithtown Meadows and noted the developer has completed much of the punch list. The wear course on the road is in and landscaping is currently underway. It is anticipated the City will not have to contract for this work. With respect to Watten Ponds, Nielsen reported the tree fencing is back in place and the retaining wall at the curb heading into the cul-de-sac has been relocated. Nielsen reported on the Gideon Woods Development and explained a tree replacement escrow was submitted for working on the storm sewer which drains the existing pond. Application has been made for a permit. A preconstruction meeting was held which indicated a contractor has been hired to complete the storm sewer. Nielsen also reported the Mary Lake Woods Development is scheduled to begin next week. Engineer Brown reported tree fencing is being erected and upon approval of Staff, the grading work will begin. . . . " CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 13 Councilmember Garfunkel asked whether the billboard is still in existence at the Gideon Woods Development. Nielsen stated he will review the status of the billboard and report back to Council. He noted his belief the sign was to be removed and notice will be sent to the developer to proceed with the removal of the sign if appropriate. Brown reported Strawberry Lane is under construction and local traffic is being let through. The contractor is courteous and comments to this effect have been received from the residents. Brown anticipates completion of this project in approximately one month. Brown reported the City has resubmitted details for Federal Emergency Management Aid and the City remains in the $85,000 range for compensation. B . Report on Enforcement Efforts - St. Albans Bay Road Hurm reviewed the report relative to enforcement efforts on St. Albans Bay Road as submitted by Police Chief Young. 13. MAYOR & CITY COUNCIL REPORTS A. Report on August 10, 1998 Council Work Session + Badger Well House Mayor Dahlberg reported on the August 10, 1998 Council Work Session relative to the Badger Well House (as detailed in the minutes of that meeting). B. Report on August 17, 1998 Council Work Session + Badger Well House + Telecommunications Consultant + Emergency Preparedness Mayor Dahlberg reported on the August 17, 1998 Council Work Session relative to the Badger Well House, an interview with the telecommunications consultant and the Emergency Preparedness Plan which was presented by Chief Young and Sergeant Litsey (as detailed in the minutes of that meeting). C . Report on August 18, 1998 Council Work Session + Assessing Position Councilmembers O'Neill, Garfunkel and Champa reported on the August 18, 1998 Council Work Session which was held with representatives of the Hennepin County Assessor's Office relative to the possibility of contracting for those services (as detailed in the minutes of that meeting). . . . .. . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 24, 1998 - PAGE 14 14. ADJOURNMENT O'Neill moved, Stover seconded adjourning the regular meeting to a Work Session at 10:14 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTE~T: l) OR