020893 CC Reg Min
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\. CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, FEBRUARY 8, 1993
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
The meeting was called to order by Mayor Brancel at 7:00 p.m.
A.
PLEDGE OF ALLEGIANCE
B.
ROLL CALL
Present:
Mayor Brancel; Councilmembers Benson and Lewis; Administrator Hurm,
Engineer Dresel, Attorney Keane, and Planner Nielsen.
Absent:
Councilmembers Daugherty and Stover.
C.
REVIEW AGENDA
Consent Agenda item 3.C. A Motion to Adopt a Resolution Approving a C.U.P. for
Freeman Park Storage Building was removed because it requires a 4/5 Council vote.
Nielsen requested the removal of Agenda item 13.C.1. Both 3.C. and 13.C.1. were
placed on the Agenda of the Council's February 22 meeting.
Lewis moved, Benson seconded to approve the Agenda for February 8, 1993, with
the removal of items 3.C. and 13.C.1.
Motion passed 3/0.
2. APPROVAL OF MINUTES
A. Regular City Council Meeting - January 25, 1993
Lewis moved, Benson seconded to approve the City Council Minutes of January 25,
1993.
Motion passed 3/0.
B. Executive Session - January 25, 1993
Lewis moved, Benson seconded to approve the Executive Session Minutes of
January 25, 1993.
Motion passed 3/0.
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FEBRUARY 8, 1993 - PAGE 2
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3.
CONSENT AGENDA
Mayor Brancel read the Consent Agenda for February 8, 1993.
Benson moved, Lewis seconded to approve the Consent Agenda and to adopt the
Resolutions and Motion therein:
A. RESOLUTION NO. 19-93 "A Resolution Proclaiming March 7-14, 1993
Volunteers of America Week."
B. RESOLUTION NO. 20-93 "A Resolution Appointing Election Judges for
Special Park and Trail Improvement Referendum to be Held Tuesday,
March 9, 1993.11
D. Motion to Approve Contract for City Administrator James C. Hurm.
Motion passed 3/0.
4. PARK - None.
5. PLANNING
. Nielsen reviewed actions taken by the Planning Commission at its February 2 meeting
including recommendations for approval of a variance request by Lance DeTrude and
an amendment to the City's sign code.
6. CONSIDERATION OF AN AMENDMENTTO ORDINANCE 263 - ESTABLISHING
A CHARGE FOR A STORMWATER UTILITY
Hurm stated this Ordinance will establish the basic charge for the stormwater drainage
utility system at $3.75 per quarter.
Lewis moved, Benson seconded to adopt ORDINANCE NO. 269 - Setting Fees.
Motion passed 3/0.
7. CONSIDERATION OF AN ENGINEERING DESIGN AGREEMENT FOR
REHABILITATION OF LIFT STATIONS 9 AND 10 AS SCHEDULED IN CAPITAL
IMPROVEMENT PLAN
Dresel stated that OSM is requesting approval of the design agreement for the plans,
specifications and construction observation for the rehabilitation of Lift Stations 9 and 10.
These are the last 2 of the original 6 that will have been converted to submersible
. stations under a program begun 2 years ago.
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FEBRUARY 8, 1993 - PAGE 3
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Lewis moved, Benson seconded to adopt RESOLUTION NO. 21-93 "A Resolution
approving an Agreement for Engineering Services for the Rehabilitation of Lift
Stations 9 and 10.11
Motion passed 3/0.
8. CONSIDER A MOTION FOR THE UPGRADING OF AMESBURY WELL (Control
Switch) AND AUTHORIZING THE ADMINISTRATOR TO ENTER INTO AN
AGREEMENT WITH THE LOWEST BIDDER
Dresel stated that this is primarily a maintenance project. The proposed changes to the
control systems in the Amesbury well house are for the purpose of using a smaller
submersible pump as the main supply rather than the larger vertical turbine. Dresel noted
that due to insufficient storage, rapid cycling is causing undue wear on the larger pump.
Dresel noted, however, that upon demand, the larger pump will automatically be used.
Authorization for the Administrator to enter into an agreement with the lowest bidder for
changes to the control systems is requested. Preliminary quotes obtained by Munitech
are less than the $18,000 estimated in the capital improvement budget.
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Benson moved, Lewis seconded to authorize the Administrator to enter into an
agreement with the lowest bidder for upgrading of Amesbury well, providing the bid
is less than $18,000.
Motion passed 3/0.
9. CONSIDERATION OF A RESOLUTION AUTHORIZING EXECUTION OF A ONE
YEAR EXTENSION TO CONTRACT FOR DEED - WILLIAM BIGLEY. 5795
COUNTRY CLUB ROAD
Hurm referred to the Finance Director's February 2 memorandum outlining the request
from William Bigley for extension of the term of Contract for Deed for one year to April
1, 1994. A final balloon payment for the property is due April 1 , 1993. It is recommended
that the Council approve the extension because the contract is current and the 10%
interest rate is favorable to the City. Legal documentation will be prepared by Keane.
It was noted that Attorney's fees would be billed to Mr. Bigley.
Brancel stated that the City should not be in the business of carrying a Contract for Deed
on house let alone owning houses, but agreed to limiting the extension to one year.
Lewis and Benson agreed that the extension be limited to one year and further agreed
the City should not be in the business owning/financing homes.
Benson moved, Lewis seconded to adopt RESOLUTION NO. 22-93 "A Resolution
. Extending the Term of the Contract for Deed for 5795 Country Club Road;" and
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moved that attorney's fees related to this extension be paid by William Bigley, the
purchaser/owner of the property; and that the extension will be limited to one year.
Motion passed 3/0.
10. CONSIDER A RESOLUTION APPROVING FINAL PLAT AND AUTHORIZING
THE EXECUTION OF THE DEVELOPMENT AGREEMENT - WATERFORD 4TH
ADDITION
Nielsen reviewed the request of David Carlson Companies for approval of the final plat
and development agreement for Waterford 4th Addition consisting of 54 twinhome lots
and three outlots. The plat is consistent with past approvals, however, issues to be
addressed are primarily related to site landscaping. Nielsen reviewed the
recommendations prepared by the staff to enhance and improve the perimeter and
internal landscaping as well as for Outlot A, the twinhome common area. It is
recommended that the final plat be approved subject to the following conditions: 1.
developer submits a revised landscape plan for the project entrance, 2. trees should be
planted behind lots 13-20, Block 3,3. landscape plan prepared for Outlot B, 4. plans and
specifications for the utilities, grading, drainage and street construction must be
approved by the City Engineer and drainage plans must also be approved by the
Watershed District, 5. developer must submit estimates for required improvements from
which the amounts of letters of credit will be determined, 6. assessments and fees owing
against the property must be paid, 7. developer must submit plans and specifications for
proposed retaining walls, and 8. developer must erect construction limits at the southeast
corner of the site to preserve trees there prior to construction.
Nielsen noted that the recommendations will be incorporated into the project
development agreement.
Nielsen responded to questions from the Councilmembers and clarified the sanitary
sewer access fees to be paid by the developer.
Benson moved, Brancel seconded to adopt RESOLUTION NO. 23-93 "A Resolution
Approving Final Plat and Authorizing the Execution of the Development Agreement-
Waterford 4th Addition."
Motion passed 3/0.
11. RECONSIDER RENTAL HOUSING CODE
Nielsen reviewed the background to the City's Rental Housing Code prepared in 1990
which provides rules and regulations pertaining to rental housing of all types. Before the
Code was published, putting it legally into effect, the Council heard from a number of
rental property owners who objected to not having input into development of the Code.
The Council then directed staff to put the Code on hold and establish a committee to
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review the Code and comment to the City Council. To date, action has not been taken
on the Code, therefore the Ordinance is not being enforced. Nielsen indicated the
Council should decide whether to publish the Code and begin its enforcement or repeal
it.
Nielsen reviewed the comments presented by the rental property owners regarding the
Code. The most significant recommendation made by the Committee was that there
should not be any Code, but if there is to be a Housing Code it should apply to all
residential property not just rental property.
Brancel expressed concern regarding existing problems with some rental property in
Shorewood and stated support for enforcement of the Code. Brancel noted, however,
that it would be appropriate to table discussion on this issue until the full Council is in
attendance.
Nielsen reviewed zoning and building codes pertaining to rental housing. Keane stated
that the existing Code appears to require some revisions and agreed to work with the
staff to prepare an updated Code in draft form for the Council's consideration at a future
meeting.
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Benson moved, Brancel seconded to table consideration of the Rental Housing
Code for 30 days to the Council's meeting on Wednesday, March 10, 1993.
Motion passed 3/0.
12. MATTERS FROM THE FLOOR
Report from Senior Center Task Force - Bob Gagne
Mr. Robert Gagne, member of the Task Force, reviewed the development and meetings
of the Southshore Senior Center Task Force, which consists of members from
Deephaven, Excelsior, Greenwood, Tonka Bay and Shorewood.
Mr. Gerald Sjoberg, Southshore Center representative, reviewed the recommendations
of the Task Force related to the need for a Senior Community Center and that the Center
be located on the northeast corner of the Shorewood City Hall campus.
The Task Force requests that the City accept its recommendations and authorize
continuance of the Task Force so that it may continue further work related to a
Senior/Community Center.
Lewis stated additional information is necessary and suggested the Task Force work with
the City staff to study and prepare information on the feasibility of the recommendations
. particularly as it relates to possible location of the building in Shorewood.
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Brancel stated support for the recommendations, however, indicated that the matter
should be addressed when all the Councilmembers are in attendance.
Lewis moved, Benson seconded to authorize the Task Force to continue to gather
information and make recommendations as to possible future actions regarding a
Senior/Community Center.
Motion passed 3/0.
Mr. Ben With hart, Executive Director, Senior Community Services, invited the
Councilmembers to attend a May 7th Tenth Anniversary Celebration and reported that
the Senior Center Advisory Board agreed to raise $2,500 toward construction costs.
Brancel and Hurm agreed to work with the Task Force to develop recommendations
regarding operations, maintenance, construction and financing of a Senior Community
Center.
Brancel commended the Task Force on its efficient execution of its responsibilities.
13. STAFF REPORTS
A.
City Attorney - None.
B. City Engineer
1. Recommendation for Excelsior Boulevard
Dresel stated that based on residents' concerns after the closing of some slip-ramps to
TH-7, a speed survey conducted by Public Safety concluded that although there are
some speeding vehicles on Excelsior Boulevard, this roadway is typically no different
than any other local residential street. The City then requested the Engineer to study this
area in more detail. Dresel reported that a 24-hour traffic count resulted in 918 vehicles
per day which is typical for a medium level residential street. In addition, a site review
was conducted to document the location of existing traffic signs, traffic control and the
general characteristics of the roadway. Based on the collected data and the site review,
Dresel indicated the roadway is operating satisfactorily for a local residential street.
To increase the safety for vehicles and pedestrians, Dresel suggested the following
improvements could be implemented: 1) install additional speed limit signs to reinforce
the 30-mile per hour limit, 2) clear vegetation in the right-of-way to provide additional site
distance in problem areas, and 3) improve the intersection of Old Excelsior Boulevard
and St. Alban's Bay Road to provide for 4-way stop sign control to better delineate the
westbound traffic on Excelsior Boulevard. Dresel estimated the cost for these
improvements would be $3,000. Oresel reiterated, however, that no improvements are
necessary since the roadway is operating satisfactorily for a local residential street.
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Following discussion, the Councilmembers agreed that implementation of the
recommendations was appropriate and suggested that Public Works use caution in
removal of vegetation.
Lewis moved, Benson seconded to authorize the implementation of the
recommendations to increase safety as outlined in the Engineer's memorandum of
February 2, 1993.
Motion passed 3/0.
C. City Planner - None.
D. Finance Director - None.
E.. City Administrator
1. Meeting Schedule
Hurm briefly commented on the Council's March meeting schedule.
Lewis moved, Benson seconded to re-schedule the Monday, March 8, 1993 Council
meeting to Wednesday, March 10, 1993 at 7:00 p.m.
Motion passed 3/0.
COUNCIL REPORTS - None.
14. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Lewis moved, Benson seconded to adjourn the City Council Meeting at 8:05 p.m.
subject to the approval of claims.
Motion passed 3/0.
RESPECTFULLY SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
Iiu~ ~,
BARBARA J. i<lc l, MAY .
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V\l4 C . rvvv1
ES C. HURM, CITY ADMINISTRATOR
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