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062292 CC Reg Min pr. .. . . , CITY OF SBOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 22, 1992 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 PM M I NUT E S 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:00 PM. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel; Councilmembers Daugherty, Lewis, Gagne and stover; Administrator Hurm, Engineer Dresel, Attorney Keane, and Planning Director Nielsen. C. REVIEW AGENDA stover requested removal of Consent Agenda Item A. Gagne moved, Stover seconded, to approve the Agenda with the removal of Item 3A. A Motion to Approve Appointment of Public Works working Foreman - Larry Niccum. Motion passed 5/0. 2 . APPROVAL OF MINUTES A. City Council Work Session/Meeting - April 27, 1992. Gagne moved, Daugherty seconded to approve the minutes of the April 27, 1992 City Council Work session/Meeting. Motion passed 5/0. B. City council Meeting - June 8, 1992. Gagne moved, Lewis seconded, to approve the minutes of June 8, 1992 City council Meeting. Motion passed 4/0. Stover abstained. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for June 22, 1992. Gagne moved, Stover s.econded to approve the Consent Agenda with the removal of Item A, and to adopt the Resolutions and Motions therein: B. RESOLUTION NO. 58-92. "A Resolution Awarding the Contract for Lift station Modifications 7 & 11." C. Motion to Approve Pay Voucher - Old Market Road D. Motion to Approve Pay Voucher - pine Bend ,. . . . .. SHOREWOOD REGULAR CITY COUNCIL MINUTES JUNE 22, 1992 - PAGE TWO E. Motion to Approve Pay Voucher No. 1 - Public Works Facility - Rochon corporation CONSENT AGENDA CONTINUED F. Motion to Consider Change Order No. 1 - Water Treatment Plant - A & K Construction G. RESOLUTION NO. 59-92. "A Resolution Appointing Polling Places for Future Elections." H. RESOLUTION NO. 60-92. "A Resolution Adopting No Parking Designation - Old Market Road (both sides)." Motion passed 5/0. stover requested that in connection with Consent Agenda Item A., she would like to have an additional detailed explanation of how the selection process worked to fill the position of working foreman in the Public Works Department. She noted that all the candidates were internal and she wished to be assured that the process was fairly administered. Mr. Hurm reviewed the selection process noting that the Council has approved the job description. The position was opened and posted at the internal promotion level in the Public Works Department. The method of selection included a 45-minute written examination of 16 questions proctored by the Deputy Clerk. The examination consisted of true/false, multiple choice, essays and arithmetic problems. The highest possible score for the written examination was 48 points. The oral examination consisted of a 13-question interview of each candidate conducted by Shorewood's Public Works Director, Minnetonka's Public Works Director and Administrator Hurm, each of whom independently scored the answers. An average of the three scores became the final oral examination score. The highest possible score for the oral interview/examination was 52 points. The individual with the highest total score was offered the position. Hurm stated the process was conducted in a fair and professional manner. Stover moved, Daugherty seconded to table action on this matter for three weeks to the Council's meeting on July 13, 1992. Motion passed 5/0. 4 . PARK A. Report on Park Commission Meeting - June 9, 1992 Park Commissioner Mark Laberee reported briefly on the Commission's meeting of June 9, 1992. He noted that the Commission is continuing to review the Park's Capital Improvement Plan. He informed the Council that a warming house design requiring a Code change will be presented to the Council for its action at a future meeting. 2 . . . ,. SHOREWOOD REGULAR CITY COUNCIL MINUTES JUNE 22, 1992 - PAGE THREE B. Request of VHS for an Increase in the Service Contract Amount - Silverwood Park Hurm briefly summarized two requests for additional reimbursement received from Van Doren Hazard Stallings, Inc. (VHS): 1) PaYment of $1,789 over the budgeted $3,500 for the trail plan, and 2) Increase of the budget for Silverwood Park engineering services from $5,000 to 4. PARK - CONTINUED $8,500. Hurm recommended that the "not to exceed" amount for ~ilverwood Park engineering be approved at $6,500 based on VHS's timely request for paYment for additional services over and above what was contained in the agreement. He recommended that the request for the additional $1,789 for trail costs be denied because during the two year length of the project, VHS did not indicate additional costs were. being incurred. Gagne moved, Lewis seconded to approve paYment of an additional amount not to exceed $1,500 to VHS for Silverwood Park engineering work and to deny paYment of the requested $1,789 additional paYment for trail work. Motion passed 5/0. 5. PLANNING lliclocn Stover reported that the Planning Commission continued discussion on the Waterford III - Ryan Construction Company proposal at its June 16, 1992 meeting. Action taken by the Commission included recommending to the Council that Old Market Road remain as it is and not be changed to any of the options presented in Ryan's proposal (vote was 7-0) and recommended that the Council deny approval of Ryan's proposed Water ford III development which would require amendment of the current Comprehensive Plan and P.U.D. (vote was 5-2. Leslie and Malam: nay). 6. EAGLE SCOUNT PROJECT PRESENTATION - Chris capesius. 6120 Club valley Road. Excelsior Chris Capes ius informed the Council that he is working to attain an Eagle Scout badge. After consultation with Mr. Hurm, Capes ius agreed to paint 55 fire hydrants in Shorewood in conjunction with the Boy Scouts and the Public Works Department to fulfill his public service requirement. After the project is completed this summer. Capes ius will report back to the Council. 7. LMCD PRELIMINARY BUDGET REPORT - Gene Strommen Mr. Gene Strommen reviewed the LMCD 1993 Proposed Budget. He noted the budget is reduced about 4 percent from 1992. This was accomplished by increasing various user fees and reducing the administrative operation costs. He noted that funds budgeted for milfoil control remain the same. He stated that following approval of the final budget by LMCD, there will be a 90-day comment period. 3 ~ SHOREWOOD REGULAR CITY COUNCIL MINUTES JUNE 22, 1992 - PAGE FOUR 8. APPEAL REOUIREMENT FOR RIGHT-OF-WAY PERMIT . ApDlicant: Location: Richard Baker 5235 Howard's Point Road Nielsen explained that the City halted construction on Mr. Baker's mail box and paper holder because it was deemed to be in violation of the City's Ordinance restricting its size. Mr. Baker has appealed the City's requirement for a right-of-way permit as he believes mailboxes do not require a permit. Nielsen reported that the consensus of the staff is that the structure is far in excess of a mailbox and is more accurately described as a wall. In recommending denial of the property owner's request to build the structure, Nielsen cited serious concerns with the structure including safety to snowplow crews, potential damage to city equipment and the potential liability of allowing man-made structures in the public right-of-way. Stover moved, Gagne seconded to deny the appeal of Richard Baker, 5235 Howard' s Point Road, regarding the requirement for a right-of-way permi t to construct a masonry structure to support a mailbox and newspaper holder. Motion passed 5/0. 9. CONSIDER A RESOLUTION APPROVING EXTENSION TO RECORD SUBDIVISION . Applicant: Location: Tom Doherty 20575 Manor Road Stover moved, Lewis seconded to adopt RESOLUTION NO. 61-92. "A Resolution Extending the Deadline for Recording a Simple Subdivision for Thomas Doherty". Motion passed 5/0. 10. CONSIDERATION OF A COMPREHENSIVE PLAN AMENDMENT AND CONCEPT STATE (PUD) APPROVAL - WATERFORD III (Ryan construction) - DIRECT A RESOLUTION TO BE PREPARED Staff Presentation Nielsen informed the Council that an amendment to the P.U.D. requires a public hearing at City Council level. That meeting/hearing is scheduled for 7:30 p.m., Monday, July 13, 1992 at the Minnewashta School. stover, Council Liaison to the Planning Commission, reviewed the June 2 hearing and June 16 discussion held by the Commission and reported it's actions on the Ryan proposal. Ryan/Byerly's presentation . Mr. William McHale, Vice President, Retail Development, Ryan Construction Company, (Ryan) addressed the Council. He stated that in addition to the recent public hearing, Ryan has conducted neighborhood .. . . -- SHOREWOOD REGULAR CITY COUNCIL MINUTES JUNE 22, 1992 - PAGE FIVE meetings and numerous studies. He pointed out that Ryan has been sensi ti ve to the questions raised by the public and the Planning Commissioners on issues including aesthetics of its planned structure, an expanded buffer zone, elimination of a fast food restaurant from its proposal and has developed alternative traffic/street plans. He stated that the proposed development would be beneficial for Shorewood and that Ryan is prepared to fully cooperate with the city and its residents for a mutually beneficial development. McHale introduced Mr. Tom Harberts, Chairman, President and Chief Executive Officer of Byerly's, who addressed the Council on behalf of Byerly's. Mr. Harberts stated that quality and service are primary components of Byerly's corporate philosophy. He noted that consideration of a Byerly's store in Shorewood began several years ago based on customer requests for such a store in the western suburbs. Requests from this community continued even after the Ridgedale store was built. He emphasized that Byerly's is an outstanding corporate citizen in the communities it serves. Council Discussion and Action Mayor Brancel stated that this meeting does not include a public hearing thus discussion of this agenda item will remain at the Council/staff level. The Council members asked questions about the Ryan proposal. Council members participated in a wide ranging discussion regarding the current P. U.D. (Trivesco) and the Ryan proposal. They asked staff for procedural clarification of their current authority to act on the proposed amendments to the Comprehensive Plan and P.U.D. They considered developing a conceptual plan for public reaction and/or declaring a position on approval or disapproval of the Ryan proposal. However, it was pointed out that the Council cannot take any action regarding the Comprehensive Plan or P.U.D. amendments until a public hearing is held in accordance with City regulations. It was acknowledged that many questions regarding land usage and transportation under the P. U. D. remain to be answered. Council members acknowledged with appreciation the receipt of telephone calls and other communications from residents concerning this issue. Stover moved, Lewis seconded that the Council table action on this issue to the next Council meeting following the public hearing. Motion failed 3/2. Daugherty, Gagne and Brancel voted nay. Daugherty moved, Gagne seconded to direct the staff to prepare a resolution for the Council's consideration and action amending the Comprehensive Plan to expand the commercial portion of Waterford III, to eliminate the multiple family housing and to realign Old Market Road incorporating "Scheme C". . Motion passed 4/1. Stover voted nay. 5 SHOREWOOD REGULAR CITY COUNCIL MINUTES JUNE 22, 1992 - PAGE SIX . The meeting recessed at 9: 00 p.m. Mayor Brancel reconvened the meeting at 9:05 p.m. 11. MATTERS FROM THE FLOOR Mayor Brancel called for matters from the floor. There were none. 12. STAFF REPORTS A. Attorney's Report. None. B. Engineer's Report. 1. Report on Lilac lane - City of Chanhassen Meeting 2. 1992 Project Update Dresel briefly commented on his attendance at the Chanhassen public hearing regarding the upgrading of Lilac Drive at which he presented Shorewood's concerns related to the road's geometric layout and future maintenance. He briefly reviewed the current status of public works projects in Shorewood. C. Planner's Report. None. D. Administrator's Report. 1. Proposed Ordinance in Orono to Eliminate the Use of Unprotected Bead Styrofoam for Dock Flotation. . The Council unanimously direoted the staff to prepare an Ordinanoe for ita aotion to eliminate the uae of unproteoted bead atyrofoam for doolt flotation. referred this matter to the Planning commission for a studY and recommendation. 13. COUNCIL REPORTS A. Mayor Brancel reported that the SLMPSD union agreement included an annual 2-1/2 percent increase. B. Council members 1. Bob Gagne crossings Request for signage at Trail/Street Gagne suggested that in the interest of safety, motorist warning signs similar to that on County Road 19 be installed on other City streets where the hiking/biking trail crosses. Hurm noted the cost of the street signage plus signs on the trails identifying the cross street is approximately $1,000. Gagne moved, Daugherty seconded to approve RESOLUTION NO. 62-92. "A Resolution Amending the 1992 Budget Appropriating Funds for Hiking/Biking Trail crossing Signage. 4It Motion passed 5/0. 6 . .~ . . . '" SHOREWOOD REGULAR CITY COUNCIL MINUTES JUNE 22, 1992 - PAGE SEVEN Gagne commented on the resignation of the Fire Marshall and expressed concern over the lack on continuity in that position. Hurm indicated he has expressed concerns to the City Manager of Excelsior and has made some suggestions to that City that could alleviate turnover in that position. Gagne asked about the current status of the left turn to Christmas Lake Road. Dresel suggested petitioning the City of Greenwood to take action. Lewis expressed concern over the apparent lack of traffic control related to excessive speed following the opening of Old Market Road and asked that the Police Department emphasize patrol in the area. Daugherty and stover. None. 14. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Daugherty mmoved, Gagne seconded to adjourn the City Council Meeting at 9:30 p.m. subject to approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED. Arlene H. Bergfalk Recording Secretary Northern Counties Secretarial Services (retyped by sn) ATTEST: s C. Hurm, City Administrator 7