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020893 CC Reg Min . . . . . . \. 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. 1 . . '. . REGULAR CITY COUNCIL MINUTES FEBRUARY 8, 1993 - PAGE 2 . 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. 2 ,. . . . REGULAR CITY COUNCIL MINUTES FEBRUARY 8, 1993 - PAGE 3 . 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. . 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 3 . ., . . . .- '. . REGULAR CITY COUNCIL MINUTES FEBRUARY 8, 1993 - PAGE 4 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 4 .. . . . . . · REGULAR CITY COUNCIL MINUTES FEBRUARY 8, 1993 - PAGE 5 . . 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. . 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. 5 . . . . , . REGULAR CITY COUNCIL MINUTES FEBRUARY 8, 1993 - PAGE 6 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. 6 ". . . . .r , REGULAR CITY COUNCIL MINUTES FEBRUARY 8, 1993 - PAGE 7 p 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 . J V\l4 C . rvvv1 ES C. HURM, CITY ADMINISTRATOR 7