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092892 CC Reg Min ! . ~ .. CITY OF SHOREWOOD REGUlAR CITY COUNCIT.. MEETING MONDAY, SEPTEMBER 28, 1992 COUNCIT.. CHAMBERS 5755 COUNlRY CLUB ROAD 7:00 P.M. MINUTES 1. CAlL TO ORDER The meeting was called to order by Mayor Brancel at 7:00 p.m. PLEDGE OF ALLEGIANCE A ROLL CAlL Present: Mayor Brancel; Councilmembers Daugherty, Gagne, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen and Finance Director Rolek. B. REVIEW AGENDA . Hurm requested an addition to the Consent Agenda: Shorewood Oaks Development, Inc. - R.O.W. Permit, Brentridge Drive, and.the removal of Agenda Item No.9. Gagne moved, Stover seconded to approve the Agenda for September 28 with the addition to the Consent Agenda and the removal of Item No.9. Motion passed 5/0. 2. APPROVAL OF MINUTES A Executive Session Council Meeting - September 14, 1992 Stover moved, Gagne seconded to approve the Executive Session Council meeting minutes of September 14, 1992. Motion passed 5/0. B. Regular Oty Council Meeting - September 14, 1992 Gagne moved, Lewis seconded to approve the regular Oty Council meeting minutes of September 14, 1992. . Motion passed 5/0. 1 ! . .. . . , . > REGUlAR CITY COUNCIT.. MINUTES SEPTEMBER 28, 1992 - PAGE 2 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for September 28, 1992. Stover moved, Gagne seconded to approve the Consent Agenda and to adopt the Motions and Resolutions therein: A Change Order No.3 - Rochon Corp - Public Works Facility. B. Change Order No.4 - Rochon Corp - Public Works Facility. C. RESOLUTION NO. 89-92, "A Resolution Moving the Reconvene Date for the 1993 Budget Hearing." D. Street Light - Amesbury Homeowners Association, Bayswater Road. E. Right-of-Way Permit - Shorewood Oaks DeveloP11?-ent, Inc., Brentridge Drive. Motion passed 5/0. 4. PARK - None. 5. PLANNING Stover reported that at its September 22 meeting following discussion regarding proposed re-zoning and variances requested by the Upper Lake Minnetonka Yacht Club, the Planning Commission voted to recommend that a public hearing be held to consider amending the City Code to change the slip to land ratio and discussed and recommended approval of proposed amendments to the Shoreland Management Regulations. 6. REVIEW AND CONSIDER A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE IMPROVEMENTS TO LnAC LANE Dresel reported that he met with Shorewood resident Simcox and has reviewed the final plans and specifications for reconstruction of Lilac Lane with the City of Chanhassen. Items in the design plans incorporating concerns of Shorewood residents include: 1) existing lilac hedge along the north side of Lilac Lane to be saved; 2) barrier consisting of wooden bollards to be constructed off the north side of Lilac Lane in line with Teton Lane; 3) existing slope of Lilac Lane to be matched at an approximate rate of. 8.26%; and 4) proposed retaining wall shall be modular concrete block in lieu of timber. Dresel recommends approval of the plans prepared by the City of Chanhassen's engineer. 2 , . . . . -- . It REGULAR CITY COUNCIL MINU1ES SEPTEMBER 28, 1992 - PAGE 3 Gagne moved, Daugherty seconded to approve RESOLUTION NO. 90-92, "A Resolution Approving the Design and Plans for the Improvements to lilac Lane." Motion passed 5/0. 7. AN ORDINANCE CHANGING THE ZONING-SHADY ISLAND FROM R-IB TO R-IC Gagne moved, Stover seconded to approve Ordinance No. 258, "Amending Section 1201.09 of the Shore wood City Code" to re-zone Shady Island from R-IB to R-IC. Motion passed 5/0. 8. A MOTION TO ADOPT A RESOLUTION APPROVING FINAL PAYMENT FOR THE S.E. AREA WATER TREATMENT PLANT - A & K CONSTRUCTION Lewis moved, Gagne seconded to approve a Resolution Accepting Project No. 91458, Water Treatment Plant for the Southeast Area, Well No.7. Daugherty questioned the validity of test results, expressed concern as to whether the problem has been solved and suggested that final payment be withheld until further testing is conducted. Lewis indicated he has not heard anything from his neighbors. Dresel stated that testing has been done randomly two or three times trying to work out operational problems. Lewis withdrew the motion for approval to accept the project, Gagne withdrew his second' Stover moved, Daugherty seconded to table action to adopt a Resolution approving final payment for the S.E. Area Water Treatment Plant - A & K Construction pending results of additional water testing by an independent laboratory and receipt of comments, if any, from residents in the southeast area. Motion passed 5/0. 9. REMOVED. 10. CONSIDER A MEMORANDUM OF UNDERSTANDING BElWEEN THE CITY OF SHOREWOOD AND FIRMS ENTERING CONSULTING AGRRRMENTS wrm THE CITY Hurm stated that having had professional consulting firms approach the City for additional funds "after the fact", he has prepared a "Memorandum of Understanding" to be signed by a consultant when entering into an agreement with the City. He pointed out that the agreement provides that if th~ scope of services requested significantly expands, a consultant 3 , . " , 18 . . REGULAR CITY COUNCIL MINU1ES SEPfEMBER 28, 1992 - PAGE 4 must make a request in writing to the City before the additional work is begun. This would allow for prior Council consideration and approval of additional compensation for the service. Lewis moved, Gagne seconded to approve the Memorandum of Understanding Between the City of Shorewood and Firms Entering Consulting Agreements with the City. Motion passed 5/0. 11. A MOTION TO ADOPT VOUCHER PAYMENT POllCY FOR CITY CONTRACTING PROJECfS Hurm reviewed the suggestion presented at the September 14 meeting to streamline the approval process for construction contract pay vouchers by eliminating the time and expense involved in preparing vouchers for Council approval. He stated that the new policy would provide that construction project payments be approved through the regular voucher payment process by the Project Manager, Finance Director, and Administrator. The new policy includes the following: 1) Council must have taken action to award the project and its proposed budget; 2) only intermediate monthly pay requests within the established budget will be exempt from Council review; 3) change orders or supplementary agreements require Council approval; 4) final pay request subject to Council approval; and 5) pay vouchers processed and approved by Project Manager, Finance Director and Administrator and listed on Council's check approval list before payment. Gagne stated that the current policy should be retained to keep Council members informed. They are accountable for taxpayers' money. Stover stated that at the present time, Council consideration and action on such items does not take much time, questioned whether the change results in saving money or time and felt the existing procedure allows Council members to keep up with current projects. Lewis noted that projects and budgets are pre- approved, Council approval is a formality and updates of construction projects are provided to the Council. Lewis moved, Brancel seconded to adopt the new Voucher Payment Policy for City Contracting Projects. Motion passed 3/2. Stover and Gagne voted nay. 12. CONSIDER AN ORDINANCE - CHAPfER 901.01 OF THE SHOREWOOD CITY CODE RElATIVE TO STREET EXCAVATION Hurm stated that this ordinance requires a permit for excavating within 10 feet of a public street right-of-way and increases the excavator's deposit from $1,000 to $2,000 which provides for restoration of the street. Based on past experience with both matters, staff recommends approval of these amendments to the Code. 4 18 . . .' . .' REGULAR CITY COUNCIL MINUTES SEYfEMBER 28, 1992 - PAGE 5 Gagne moved, Stover seconded to approve Ordinance No. 259 Amending Chapter 901 of the Shore wood Oty Code Relating to the Excavation of Streets and Public Right-of-Way. Motion passed 5/0. 13. A MOTION TO AMEND CHAPTER 903 OF TIIE SHOREWOOD CITY CODE RElATIVE TO DRI.1NOUENCIES Rolek reviewed the recommended amendment regarding the water turn off policy previously discussed by the Council. It shortens the amount of time for sending shu-off notices for delinquent charges from 90 to 45 days and removes language allowing for special arrangements. He noted that the current policy allows for a two-quarter delinquency whereas the proposed policy will keep a delinquency in the current quarter, increase efficiency and improve the City's cash flow. Stover asked whether the new policy would include both commercial and residential. Rolek stated this will cover all property. Stover questioned the dollar amount of quarterly delinquencies, expressed concern about the severity of turning off residents' water and asked for information about the appeal process. Lewis stated assistance programs are available for persons with problems paying utility bills and that it may be necessary to implement a new policy in order to encourage timely payments of obligations to the City for this service. Rolek noted that delinquent water bills disputed can be appealed to the Council and water service would continue pending a determination, and that unpaid utility costs are assessed to residents through the tax system. The Council members directed the staff to modify the proposed amendment for the Council's review at its next meeting to provide for an appeal process for an individual with a delinquent water bill before the water is turned off. 14. A MOllON APPROVING DESIGN AGREEMENT FOR TIIE PREPARAllON OF RIGHT-OF-WAY PlANS FOR LAKE liNDEN DRIVE Hurm stated that MNDot has completed its speed limit study on Lake Unden Drive leaving the speed limit at 30 mph. MnDOT recommends posting an S-curve warning sign on Lake Unden Drive, with a 25 mile per hour speed recommendation. In addition, the City's engineering firm has developed a preliminary design agreement for reconstruction of Lake Unden Drive. Stover asked whether there will be neighorhood involvement or a public hearing in connection with the proposed re-construction and how the project will be financed. Dresel indicated that the road will be designed with a 30 mile an hour speed limit and informal 5 r' - .. . REGULAR CITY COUNCIL MINUTES SEPfEMBER 28, 1992 - PAGE 6 meetings and contact with the residents during the design stage is appropriate. It was noted that a preliminary re-construction engineering design will be developed consistent with MSA requirements in order to assure MSA funding. Dresel indicated that some additional right-of-way will be required to meet the road width requirements. Gagne questioned whether there is an option for the City to finance the project and avoid designing the road to meet the criteria for MSA funding. Stover asked whether additional right-of-way acquisition is necessary. Lewis stated that the Council should retain options in the design of the road based on input from the residents on the stated-mandated requirements. Daugherty suggested that action on the right-of-way acquisition be delayed until further information on the proposed design is available. Brancel noted that she has received a number of communications from residents on Lake linden Drive requesting that improvements be made to address the safety concerns. Staff indicated that additional information will be available after the design plans are drawn up for review by the Council. Gagne moved, Stover seconded to approve the Preliminary AdminilOtrative Expenditure Budget and Design Agreement with Orr Schelen Mayeron and Associates, Inc. for Lake linden Drive Reconstruction (MSA Project) to include: A topographic survey, B. proposed alignment for the new road and C. proposed grading plan for the new alignment; and that informal contacts be made with the affected residents. Motion passed 5/0. Lewis moved, Stover seconded to direct the staff to erect an S curve and 20 mile-an-hour warning sign at the appropriate position on Lake linden Drive as soon as poSSIble. Motion passed 5/0. 15. CONSIDER A RESOLUTION ESTABliSHING STOP SIGN PLACEMENT CRITERIA Hurm noted that the staff had been asked to review the City's stop sign placement policy. He indicated that the Resolution being considered contains applicable language from the MNDot's uniform manual. Lewis moved, Stover seconded to adopt RESOLUTION NO. 91-92, "A Resolution Adopting Stop Sign Placement Criteria, amended by adding the following: A RESOL VB paragraph along the lines of: "the City Council has the respoDSlbility of making the final determination in the placement of all stop signs within the City of Shorewood." Motion passed 5/0. 6 .' , -- . . ~ , REGULAR CITY COUNCIL MINUTES SEPTEMBER 28, 1992 - PAGE 7 16. A MOTION TO ADOPf A RESOLUTION SETI1NG A PUBliC HRARING FOR SPECIAL ASSESSMENT OF COST OF CHURCH ROAD IMPROVRMRNTS - PROJECf NO. 91-2 Daugherty moved, Gagne seconded to adopt RESOWTION NO. 92-92, "A Resolution Setting a Public Hearing on Proposed Assessments for Project No. 91-2, Street and Water Main Improvements, Church Road." Motion passed 5/0. 17. CONSIDERATION OF lAKE MINNETONKA CARI.R COMMUNICATION COMMISSION (LMCO BUDGET - 1992 Mr. Jim Daniels, Administrator of the Lake Minnetonka Cable Communications Commission, presented the 1993 Proposed Budget for Administration and Local Cable Programming which totals $142,450. He also presented an update on Congressional legislation regarding cable matters. He noted that, to date, 10 of 12 city councils have approved the budget. The budget for 1993 is generally comparable to the 1992 budget except for funding for cablecasting City Council meetings is now included in their budget. Gagne moved, Stover seconded to approve the 1993 Proposed Budget for J\dminilOtration and Local Cable Programming, as presented by the Lake Minnetonka Cable Communications Commi"Sion. Motion passed 5/0. Brancel noted that the Cable Commission office has been re-Iocated to the U.S. West building in Excelsior. Constituents may call the cable office at 474-5539. 18. MATTERS FROM THE FLOOR Mr. Bob Rascop, LMCD director, 4560 Enchanted Point, briefly commented on the cable commission's budget and on the reconstruction plans for Lake linden Drive. He asked if OSM had done some design work on Lake linden Drive previously. 19. STAFF REPORTS A Attorney's Report - None. B. Engineer's Report - 1992 Project Update Dresel commented on the closure of Radisson Road Entrance, the completion of the Public Works facility and the status of Church Road. 7 . :- -- . . .. REGULAR CITY COUNCH.. MINUTES SEPTEMBER 28, 1992 - PAGE 8 C. Planner's Report Report on Delinquent Clean-Up Charges - Greg Fox Nielsen brought the Council's attention to his September 24 memorandum providing background information regarding the assessment of clean-up charges for property located at 25565 Smithtown Road including a chronology of the complaint and how it was processed as requested by the Council at its September 14 meeting. The Council members agreed procedures were complied with by staff and re-affirmed assessment of the appropriate charges. Nielsen provided information resulting from his meeting with the developer of Gideon Woods noting that a public hearing on the P.U.D. will be scheduled in November. D. Administrator's Report Drop-off Box Hurm informed the Council that the cost of providing an after-hours drop off box as requested by the Council will be $90 for materials and $160 for labor. Gagne moved, Stover seconded to approve payment of the costs associated with installation of an after-hours drop off box at Oty Hall. Motion passed 5/0. Schedule of Meeting Dates for the Remainder of 1992 Hurm reviewed the tentative schedule of meeting dates for the remainder of 1992. Stover moved, Gagne seconded to re-schedule the November 23 Council meeting to Monday, November 30, and to cancel the December 28 Council meeting. Motion passed 5/0. The remaining 1992 Council meeting dates are: Mondays: October 14 and October 28; November 9 and November 30; December 14. A Budget Work Session is scheduled for November 16 if needed. Fall Yardwaste Collection Hurm informed the Council that the Fall Yardwaste Collection date is Saturday, October 24, 1992, from 9 a.m. to 4 p.m. in the City Hall parking lot. 8 . .. . 111 . . '. REGULAR CITY COUNCIL MINUTES SEPTEMBER 28, 1992 - PAGE 9 Portable Phone for Sewer Safety Hurm informed the Council that upon the request of the Public Works Director, it is recommended that the City purchase a portable phone at a cost of $350 to assure safety for workers and for emergency purposes. Gagne moved, Stover seconded to approve the expenditure of $350 for purchase of a portable phone as requested by the Public Works Director. Motion passed 5/0. Metropolitan Waste Control Commi~on Hurm reported that a meeting with the other affected cities regarding the Metropolitan Waste Control Commission's increased sewer service charges was held on September 25. Dresel reviewed the discussions at the meeting noting that, in general, each City has a unique situation regarding sewer service and the calculation of charges. Council members discussed the subject and agreed that the Chair of the Commission be invited to the Council's next meeting on October 12 to answer questions and provide information on the rationale for the increase in Shorewood's sewer service charges and further, the Council agreed to pursue appropriate legal action against the Commission regarding the increase for sewer service charges if necessary. Hurm informed the Council that photographs will be taken at 6:45 p.m., prior to the October 12 meeting. 20. COUNCIL REPORTS A Mayor Brancel - None. B. Councilmembers Lewis suggested that if not already done, a follow-up traffic study be conducted since the opening of the Old Market Road intersection and asked about the status of MNDot's agreement to complete the Radisson Road cul-de-sac. Daugherty expressed concern about the traffic speed level on Old Market Road and suggested that authorities may want to heighten surveillance in selected areas of Old Market Road. 21. ADJOURNMENT SUBJECf TO APPROVAL OF CI.AIMS Gagne moved, Daugherty seconded to adjourn the Oty Council Meeting at 9:30 p.rn. subject to the approval of claims and re-scheduled the Work Session to the Council's next meeting. Motion passed 5/0. 9 ;.." , .. -- - .-;\ REGULAR CITY COUNCIL MINUTES SEPI'EMBER 28, 1992 - PAGE 10 RESPECIFUILY SUBMlTI11D, Arlene H. Bergfalk Recording Secretary Northern Counties Secretarial Services ATfEST: J c. HURM, CITY ADMINISlRATOR 10