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111494 CC Reg Min ., . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 14, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Brancel called the meeting to order at 7:03 p.m. A. Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty, and Lewis; Administrator Hurm, City Engineer Dresel, City Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. Absent: Councilmember Stover. B. Review Agenda Lewis moved, Daugherty seconded to approve the agenda for November 14, 1994. Motion passed 4/0. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - October 24, 1994 Lewis moved, Benson seconded to approve the Regular City Council Meeting Minutes of October 24, 1994. Motion passed 3/0. Daugherty abstained. B. Canvassing Board Minutes - November 9, 1994 Benson moved, Lewis seconded to approve the Canvassing Board Meeting Minutes of November 9, 1994. Motion passed 3/0. Daugherty abstained. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for November 14, 1994. Lewis moved, Daugherty seconded to approve .the Motions on the Consent Agenda and to adopt the Resolutions therein: A. Motion to Approve Permanent Appointment - Light Equipment Operator - Jeff Jensen B. RESOLUTION NO. 94-91, "A Resolution Extending the Term of an Intergovernmental Senior Community Center Task Force" through 12-31- 95. . . . REGULAR CITY COUNCIL MINUTES November 14, 1994 - PAGE 2 C. Motion to Approve an Extension to Complete Required Landscaping to 07- 01-95. Appellant: Judy Christensen-Waldin. Location: 5755 Merry Lane. D. RESOLUTION NO. 94-92, "A Resolution Accepting Streets, Sanitary Sewer and Storm Sewer in the Plat of Deer Ridge." E. RESOLUTION NO. 94-93, "A Resolution Accepting the Construction of the Near Mountain Local Drainage Maintenance Project City Project 94-05," and Authorizing Final Payment to Minger Construction, Chanhassen, MN. F . Motion to Authorize Execution of a Water Service Agreement for a Residential Connection to the Minnetonka Water System, subject to applicant signing standard water service agreement.Applicant: Warren McCurdy.Location: 5366 Vine Hill Road. G. RESOLUTION NO. 94-94, "A Resolution Approving the Final Plat of Robert S.C. Peterson 2nd Addition," subject to applicant signing and recording an amended development agreement to include the new lot in the maintenance of the private road serving the plat. Motion passed 4/0. 4 . PARKS - Report by Representative Report on Park Commission meeting held October 25, 1994 Park Commissioner Martin reported on matters discussed and actions taken by the Commission at its October 25 meeting. In response to petitions, action was taken to suspend further construction of the Silverwood Turf Trail pending a public hearing and to facilitate installation of platform tennis in a City Park. The snow patrol reported fewer citizen complaints, speeding violations, and curfew violations during the 1993-94 season. Lewis requested clarification regarding installation of platform tennis. Martin stated that if a court is donated, the Commission will assist in locating the court. Benson stated the Commission is not willing to include the cost of platform tennis ($40,000-$70,000) in its capital improvement program, but generally supported private donations of equipment for City Parks. Lewis expressed concern that such items as platform tennis, hockey rinks, etc., would be arbitrarily installed in Parks without consulting residents adjacent to Parks. He suggested that before donated items are encouraged, the Commission ensure that acceptable locations are in fact available. He stated such additions may be interpreted as changes to the Park Plan, therefore, the established change process should be followed. Lewis inquired about the safety issues related to the proposed turf trail. Martin stated this included concern that the thickly wooded area is inaccessible to fire and police protection. 5. PLANNING - Report by Representative Commissioner Malam reported on actions taken and Comprehensive Plan Chapters reviewed at the Commission's November 1, 1994 meeting. A. A Motion to Direct Staff to Prepare Findings of Fact for a Right of Way Permit to Construct a Retaining Wall. Applicant: Richard Siakel. Location: 25680 Birch Bluff Road. POSTPONED. REGULAR CITY COUNCIL MINUTES November 14, 1994 - PAGE 3 . B. A Motion to Approve a Sign Permit for Waterford Shopping Center. Applicant: Waterford Partners. Location: 19905 Highway 7. Nielsen described the pylon sign designed for the Waterford Shopping Center identifying the Center's tenants. The sign will be located in front of the east end of the center in the berm area adjoining the service road. Nielsen recommended approval of the permit. He inquired whether the Council wishes to review subsequent permit requests on its regular or consent agenda. Daugherty moved, Benson seconded to approve the Waterford Partners sign permit application for the Waterford Shopping Center, 19905 Highway 7. Motion passed 4/0. . Councilmembers concurred with Daugherty's request that the Council consider, on the regular agenda, each individual Waterford Shopping Center tenant's sign permit application. C. Presentation of 1995-1999 Capital Improvement Program Hurm directed the Council's attention to the proposed 5-year Capital Improvement Program and Capital Finance Plan. He stated the applicable sections have been considered and accepted by the Park and Planning Commissions. He noted that re-consideration is likely following completion of the updated Comprehensive Plan. The document consists of a work plan for the next 5 years for capital improvement elements including water, streets, stormwater management, sanitary sewer, public facilities, equipment purchases, parks, and unscheduled potential projects and identifies the funding sources for each element. Brancel noted that the document is available at City Hall for interested residents. Public comment on the proposed plan will be accepted at a November 29 hearing. D. Report on Comprehensive Plan Update Nielsen reported the Planning Commission continues purposeful work on the Comprehensive Plan update in preparation for its Joint Meeting with the Council on December 12 to consider the updated Plan. The Commission added an extra meeting to its schedule -November 22. 6. CONSIDERATION OF A REQUEST FOR REFUND . Ralek reviewed the request of Mr. Robert Castellano, 5900 Afton Road, for removal of penalties added to his utility statement because they are unwarranted. Rolek explained that the outstanding amount is for penalties on late utility payments accumulated over a 5-year period. Because the penalties initially were small, no action was taken by the staff. However, because the penalty amounts remained consistently unpaid, the accumulated amount now represents penalties upon penalties. Rolek pointed out that Castellano's October 27, 1994 letter, acknowledging the late payments and objecting to the penalties, is the only communication received during the 5-year period. Rolek stated the penalties are justified, therefore should stand, and recommended that the outstanding amount be added to Mr. Castellano's tax bill. During discussion, Brancel supported levying the subject amount and suggested that in the future, all unpaid penalties should be levied. Rolek detailed the specific amounts of the penalties and clarified that interest is not charged on outstanding balances. Lewis supported collection of the actual late penalty amount only, since charging a penalty upon a penalty appears distasteful. Daugherty expressed concern that action was not taken prior to accumulation of the current outstanding amount. Rolek explained that delinquent accounts are reviewed on amount rather than REGULAR CITY COUNCIL MINUTES November 14, 1994 - PAGE 4 . an aging basis, therefore the outstanding balance was deemed too small to act upon. Daugherty suggested that similar delinquencies be identified and brought to the Council after one year for action. Lewis moved, Benson seconded to levy the actual total amount of penalties outstanding on the utility account of Robert Castellano, 5500 Afton Road, to his property tax statement. Motion failed 2/2. Brancel and Daugherty voted nay. Daugherty moved, Benson seconded to allow Mr. Robert Castellano 20 days to pay the exact amount of the individual late payment penalties on his utility statement or the total amount of late payment penalties including the penalties on the accumulated amount will be levied to his property tax bill. Motion passed 4/0. 7. CONSIDERA TION OF TONKA BAY LIQUOR STORE LEASE AGREEMENT . Hurm directed the Council's attention to a second draft of an agreement dated November 8, 1994 to lease the Tonka Bay liquor store reflecting changes based on the Council's prior discussion. He reported that the City of Tonka Bay approved the lease agreement and directed that the final details including an operating agreement be finalized with Shorewood. During discussion, Liquor Committee Liaison Daugherty and staff responded to inquiries from Councilmembers regarding past and current sales and operating costs of the Tonka Bay store and prospects for future benefits to both Cities. Lewis expressed concern that the escape provisions of the lease are inadequate to protect the City. The Councilmembers agreed that the lease agreement should include a provision for termination should the store sustain losses over no more than a 12 month period. Keane stated a final lease and operating agreement reflecting the desire of the Council will be brought to the Council for its consideration and action at a future meeting. 8. MATTERS FROM THE FLOOR Mr. Robert Gagne, Chair of the Senior Center Task Force, noted that a response has not yet been received from Deephaven regarding its financial participation in construction of a senior/community center. Gagne requested the Council's participation in a work session with the task force following the November 29 Council meeting to consider the architectural plans for the center. He explained that plans must accompany the required application to the City for construction approval. Gagne requested the Council to authorize an expenditure for architectural work from the grant funds designated for the senior/community center held by the City. . During discussion, the Council acknowledged that numerous issues, such as costs, project administration, construction management, etc., associated with the project remain to be considered and agreed upon. The Council agreed to meet in a work session with the architect and senior center task force following the November 29 Council meeting and to re-convene the Council meeting to consider and take any necessary action with respect to the proposed senior center project. Mr. Greg Gac, a Chartwell Hill resident, stated that opposition to the turf trail from Silverwood Park to the shopping center was expressed by residents of Waterford and the adjacent neighborhoods at the Park Commission's October 25 meeting. He stated the project requires moving fences, sprinkler heads, has environmental concerns, etc. and appears not to have been thought through. He pointed out a path is not needed because of the recently installed sidewalk . . . REGULAR CITY COUNCIL MINU'FES November 14, 1994 - PAGE 5 which is well used and patrolled. He reported that the area residents will likely request that the project be terminated rather than suspended and that the money be used elsewhere. Gac expressed appreciation for Silverwood Park which is enjoyed by the entire neighborhood. Ms. Jennifer McCarty, Park Commission Chair, provided additional details of the Commission's meeting and discussion concerning the turf trail. She pointed out that a public hearing was not scheduled at that meeting, however, the petition and comments from residents were accepted. The Commission concluded that in view of the opposition expressed, the project should be suspended and policy procedures followed including a public hearing to be conducted in the Spring. She noted cost of the trail is minimal because it would be built by Public Works' employees. During discussion, McCarty and Hurm responded to Councilmembers' questions and concerns regarding the trail. Daugherty moved to amend the Trail Plan to negate the subject trail because of the constructed sidewalk to the Waterford Shopping Center. Daugherty subsequently withdrew the motion. Keane explained that the Council cannot act to remove the trail from the Trail Plan without a public hearing and recommended that the matter be considered in conjunction with the Comprehensive Plan update. Lewis moved, Daugherty seconded to direct the Park Commission to conduct a public hearing, before year-end 1994, to consider revision of the City's Trail Plan. Motion passed 4/0. 9. DISCUSSION OF POLICY ISSUES Consideration of Establishing a Recycling Fee Rolek directed the Council's attention his November 9, 1994 memorandum outlining alternatives, for the Council's consideration, to finance the City's recycling program. In 1995, the Hennepin County Recycling Grant Program which has contributed $1.75 per month per household will be reduced to $.78 per month per household. The Council did not take action, but discussed the alternatives and operations and cost of the program. 10. ADMINISTRATOR AND STAFF REPORTS Hurm noted a resident's request for a school sign will be reviewed and brought to the Council for consideration and action at a future meeting. Keane clarified that amendments contemplated to the Park Plan, must be brought, at a minimum, to the Planning Commission for a_public hearing, review and recommendation. 11. MAYOR AND COUNCILMEMBER REPORTS Brancel requested that persons interested in serving on the West Hennepin Suburban Alliance contact City Hall. Daugherty inquired about the problems with the slide at Silverwood Park. Hurm explained that, in consultation with the slide company, sections have been interchanged and platforms altered for safety reasons. 12. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Daugherty moved, Benson seconded to adjourn the City Council meeting subject to approval of claims at 8:40 p.m. Motion passed 4/0. . . . . . . REGULAR CITY COUNCIL MINUTES November 14, 1994 . PAGE 6 RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk, Recording Secretary TimeSaver Off Site Secretarial JA ATTEST: \/