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091393 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 13, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 p.m. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Daugherty at 7:00 p.m. . A. Pledge of Allegiance B. Roll Call Present: Acting Mayor Daugherty; Councilmembers Benson, Lewis, and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. Absent: Mayor Brancel. c. Review Agenda Benson moved, Stover seconded to approve the Agenda for September 13, 1993, with postponement of Agenda Item 1 D, move of Consent Agenda Item 3 J to the Regular Agenda as Item 4 A, and continuance of Agenda Items 7 and 10 to the September 27,1993 meeting. Motion passed 4/0. D. Presentation to Park Commissioner Mark Laberee - Postponed. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes and City Council Work Session Minutes - August 23, 1993 Lewis moved, Benson seconded to approve the City Council Minutes and Work Session Minutes of August 23, 1993. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Daugherty read the Consent Agenda for September 13, 1993. Stover moved, Benson seconded to approve the Consent Agenda and to adopt the Resolutions and Motions contained therein: 1 . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 13, 1992 - PAGE 2 A. RESOLUTION NO. 93-73 "A Resolution Denying a Setback Variance to Kevin and Gail Towey." B. RESOLUTION NO. 93-74 "A Resolution Approving an Amendment to the Covington Vine Ridge P.U.D. Agreement." C. RESOLUTION NO. 93-75 "A Resolution Granting a Setback Variance to Kerry Peterson." D. RESOLUTION NO. 93-76 "A Resolution Approving the Final Plat of Bateson Wilson Addition." E. Motion to Approve a Building Moving Permit for Bruce Newton, Mound. F. Motion to Approve a Building Moving Permit for Rolf Torkelson, 23690 Gillette Curve. G. Motion to Authorize Preparation of an Agreement and Plans and Specifications to Extend Sewer to 25840 Highway 7 (Osha's Property). H. RESOLUTION NO. 93-77 "A Resolution Setting the 1994 Proposed General Fund Budget and the Preliminary 1993 Property Tax Levy Collectible in 1994." I. RESOLUTION NO. 93-78 "A Resolution Setting a Public Hearing on the Proposed 1994 General, Water, Sewer and Recycling Fund Budgets and the 1993 Property Tax Levy Collectible in 1994." J. A Resolution Approving Plans and Specifications for Utilities and Ordering an Advertisement for Bids for Seasons Development. MOVED TO REGULAR AGENDA.. ITEM 4.A. K. RESOLUTION NO. 93-79 "A Resolution Accepting Grading and Excavation Improvements in Silverwood Park, Project No. 92-1" and Motion Authorizing Final Payment to Doboszenki & Sons, Inc. in the Amount of $2,715.62 for Project No. 92-1. L. Motion to Approve the Contract for Services with Abdo Abdo & Eick to Audit Financial Statements for the Year Ended December 31, 1993. M. Motion to Approve the 1994 Fire Contract Budget - City of Mound. N. RESOLUTION NO. 93-80 "A Resolution Authorizing the Mayor to Execute Subrecipient Agreement with Hennepin County for the Urban Hennepin County Community Development Block Grant Program for Year 19," and a 2 . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 13, 1992 - PAGE 3 Motion to Approve the Subrecipient Agreement Urban Hennepin County Community Development Block Grant Program. O. Motion to Approve a Request from the West Hennepin Human Services Planning Board Funding Support - 1994 Operating Budget P. RESOLUTION NO. 93-81 "A Resolution Authorizing a Revised Inflow & Infiltration Grant Application and Authorizing Execution of a Grant Agreement with MWCC." Motion passed 4/0. 4 A. CONSIDERATION OF A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR UTILITIES AND ORDERING AN ADVERTISEMENT FOR BIDS FOR SEASONS DEVELOPMENT. Dresel reviewed the background of the MNDot funding plan related to the Seasons Development. He stated a written agreement proposal for $37,000 has been received; however, due to an oversight in MNDot's office, the funding will not be available until July 1994. Dresel indicated the Council may wait until that date to receive the funding, however, that would significantly delay the project to Spring 1994. Rather, he recommended that the Council consider an advance in that amount from the City's street fund budget with reimbursement to be received from MNDot including interest in July 1994. Lewis requested clarification of the project and related drainage work. Dresel provided additional information on the sewer/drainage project related to the Seasons Development. Stover moved, Lewis seconded to adopt RESOLUTION NO. 93-83 "A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Seasons Development." Motion passed 4/0. Stover moved, Lewis seconded to approve an advance of $37,000 from the City's Street Budget to complete the sanitary sewer, watermain, storm sewer and appurtenant work- Seasons Elderly Housing Project, City Project 93-2, with the understanding that MNDot will reimburse that amount including interest to the City in July 1994. Motion passed 4/0. 4. VISITOR'S PRESENTATION A. D. J. Berkley, Director, Amesbury West - Request to Close Emergency Access Between Bayswater and Garden Road Mr. Berkley described the problem with the emergency access between Bayswater Road and 3 REGULAR CITY COUNCIL MINUTES SEPTEMBER 13, 1992 - PAGE 4 . Garden Road (detailed in his letter of September 2, 1993). Barrier stakes have been used to block off through traffic, but the residents on the Garden Road side of the access have removed and/or broken many of the stakes over the years. Although the Public Works Department has previously replaced the stakes, it is now unwilling to continue replacement because of the persistent vandalizing and cost of replacement. Because the Association does not wish to have the access become a through street, the Amesbury West Homeowners Association requests action by the City to close the emergency access between Garden Road and Bayswater Road with a permanent barrier to eliminate through traffic of any kind or closed with semi-permanent bollards, subject to being permanently closed if the bollards are broken by any means other than by emergency vehicles. Stover stated this matter has been under consideration for 12 years. She inquired whether the Amesbury group has had contact with the Garden Road residents regarding this matter. Mr. Berkley indicated they have not and do not intend to contact them. Stover stated the opinion of Garden Road residents should be heard. . Nielsen stated the temporary measures have not functioned adequately. Installation of the semi-permanent barriers (bollards) was previously recommended; however the fire marshall at that time was reluctant to do that because of potential damage to equipment. The fire chief is currently considering acceptability of installation of a modified semi-permanent barrier as a solution to this problem. In addition, Nielsen indicated that Garden Road should be posted "no parking." Stover inquired about problems related to snow removal. Nielsen stated maintenance is a problem since a barrier can not be plowed through, therefore, the roads must be plowed from both sides. It has been suggested to Public Works that this type of clean-up be a low priority. Dresel stated the Public Works Director does not favor a barrier at this location since it creates difficulty in snow removal and maneuvering of equipment. Lewis stated he preferred not to change the layout of Shorewood for the convenience of snow plowing. He indicated a permanent-looking barrier should be installed. Dresel stated the street was originally platted as a through street, however the Amesbury neighborhood did not want a through street. Lewis stated encouraging more traffic on either road may be a mistake. Stover reiterated that the residents on Garden Road should be heard from. Benson moved, Stover seconded to table the issue regarding the access between Bayswater Road and Garden Road for 2 weeks until information is received from the Garden Road residents, and if no response is received, the recommendation to close the access with semi- permanent barriers as described will be implemented. Motion passed 4/0. 5. PARK - None. . 6. PLANNING - Report by Representative 4 REGULAR CITY COUNCIL MINUTES SEPTEMBER 13,1992 - PAGE 5 . Doug Malam reported on the discussions and actions taken by the Planning Commission at its September 7, 1993 meeting. A. Gideon's Woods P.D.D. Development Stage Approval. Nielsen stated the Planning Commission unanimously recommended approval of the Gideon's Woods P.D.D. after tabling the matter at its August 17 meeting due to the lack of some information. Meetings with the developer and his engineers resulted in a revised grading plan locating a larger pond in the southeast corner of the site which will actually reduce the rate of runoff by as much as 30% of the pre development rate. The historical aspects have been addressed satisfactorily. Protection of the Indian mound has been provided for based on the recommendations of the Indian Affairs Council. Stover noted there was public interest in the drainage issue. George Harrison, 24710 Amlee Road, commented on his observation of the conduct and attitude of the developer. He expressed concern that the drainage issue has not been adequately addressed as a ditch related to the drainage plan is not operating adequately. Harrison stated that the EA W required that alternative uses for the site be considered and stated the historical aspect of the site should be addressed by the voters of the City with a view to its preservation. . Dresel stated City policy requires that drainage may not exceed that of pre-development. He recognized that the natural drainage path is somewhat ill-defined, but in general runs to the drainage ditch along the south edge of the railroad bed. The developer has addressed the water rate and the water quality issues to the extent possible and nearly meets the NERF standards which is not a requirement by the City. An additional catch basin will be installed for retention before the water runs to the pond. Dresel noted that this concern will be re-addressed by Hennepin County, DOT, the railroad authority and the watershed district to ascertain that the proposed drainage plan is acceptable prior to issuance of required permits. Lewis requested clarification of the second review of the drainage plan by the affected agencies. Dresel reiterated that the plans appear to be in accordance with requirements and indicated approval of the development stage plan should be subject to review and favorable acceptance of the proposed plans by the affected agencies. Lewis stated the development is ready to proceed and the issues have been considered and noted by the Council. Stover inquired about the permits required by the PCA and the Department of Health. Dresel indicated the permits are standard requirements covering the sanitary sewer and water connection. Daugherty stated that standard procedure has been followed in considering the various phases of this development and notwithstanding difficulty with some of its aspects, he supported proceeding to the next stage. . Lewis moved, Benson seconded to direct the staff to prepare a findings of fact resolution 5 REGULAR CITY COUNCIL MINUTES SEPTEMBER 13, 1992 - PAGE 6 . approving the Gideon's Woods P.U.D.-Revised Development Stage Plan, presented by Katter Development Corporation, subject to the Engineer's recommendations, outlined in his September 7, 1993 letter. Motion passed 4/0. 7. APPEAL ZONING VIOLATION - Appellant: LeRoy Bishop. Location: 24140 Smithtown Road - Continued to September 27 meeting. 8. REVIEW OF VINE HILL ROAD TRAIL Hurm reviewed the cost estimates for the 2,500 feet of various trail segments associated with constructing the trail petitioned along Vine Hill Road. He described Segments 1 and 2 (as requested in the petition) and suggested the trail be on the west side of Vine Hill in order to possibly coordinate with extensions of trails by Minnetonka. The addition of asphalt over a gravel base as recommended by the Public Works Director will put the estimated cost at $12,000. He noted that although no specific projects are designated, $15,000 has been designated in the CIP for park trails this year. . Stover referred to the suggestion that volunteers from the affected neighborhood could provide manpower. Hurm indicated the staff recommends the use of Public Works and Tree Trust workers to better oversee the project, keep costs at a minimum and complete the project expeditiously and efficiently. The Council members discussed various aspects of the proposed trail plan. It was agreed that striping of the crosswalk along with the required signage will provide safe crossing the end of the trail. It was agreed that the project including the asphalt overlay be completed to Manchester Court (Segments 1 and 2). It was pointed out the 6' wide trail will not be a year-around trail since the right-of-way will be required for snow storage. It is anticipated the trail would be completed this fall. It was suggested that staff coordinate trail plans with Minnetonka and Chanhassen as appropriate. Lewis moved, Stover seconded to authorize the asphalt construction of Segments 1 and 2 of the Vine Hill Road Trail to Manchester Court including striping of the cross walk at the intersection at Manchester Court. Motion passed 4/0. 9. A MOTION TO ACCEPT BIDS FOR BADGER PARK/CITY HALL PARKING LOT . Dresel reviewed the bids received for the base items to be completed by an outside contractor for City Hall Bituminous Parking Lot and Storm Sewer-City Project No. 93-1. He recommended that the six bids received be rejected because they are too high. He explained that the timing related to weather contributed to the high bids tendered. Dresel 6 REGULAR CITY COUNCIL MINUTES SEPTEMBER 13, 1992 - PAGE 7 . recommended the project be re-scheduled to 1994 and re-bid in February 1994. . . Benson moved, Stover seconded to reject the six bids received for City Project No. 93-1, Bituminous Parking Lot and Storm Sewer, and requested the Project be re-bid in February 1994 for completion Spring 1994. Motion passed 4/0. Hurm suggested the Council may wish to consider deleting installation of curbs and gutters associated with this project to save money. Although the Code requires such installation, an amendment to exempt curbs and gutters at parks may be considered. The Council agreed to direct the staff to study this suggestion and make appropriate recommendations with cost information for the Council's consideration. 10. CONSIDERATION OF AN ORDINANCE AMENDMENT TO THE FEE SCHEDULE INCREASING SEWER RATES - Continued to September 27 meeting. 11. DISCUSSION ON POLICY MATIERS A. 1994 Budget Issues Hurm inquired whether the Councilmembers had questions or concerns regarding any aspect of the 1994 budget. Neither the Council members or the staff raised any issues at this time. B. Procedure for Selection of Planning Commissioner Daugherty reported the resignation of Mr. Jack Hansen, effective November 1, 1993, from the Shorewood Planning Commission. Following a brief discussion regarding selection of Commission members from specific areas to ensure City-wide representation, the Councilmembers agreed to consider appointments to the Commission's vacancies at 7:00 p.m. October 11, 1993, to be followed by the regular Council meeting at 7:15 p.m. 12. MATIERS FROM THE FLOOR - None. 13. ADMINISTRATOR AND STAFF REPORTS A. Speed Awareness Display Hurm reviewed information distributed to the Council describing the Speed Monitoring Awareness Radar Trailer (SMART), and supporting documentation from Police Chief Young. The display can be used to monitor speed and for traffic count purposes. Policy questions include whether the City should purchase SMART, should other communities in the South Lake Police Department share the unit and the cost with the City, and if the City purchases the unit could it be leased to neighboring communities. Hurm reviewed possible funding sources for SMART: purchase it out of equipment set-aside funds through the 7 . ~ REGULAR CITY COUNCIL MINUTES SEPTEMBER 13, 1992 - PAGE 8 . equipment replacement schedule, request a civic organization to purchase it for the City, determine if other cities are interested and include the purchase in the 1994 Policy Department budget. He noted the unit cannot be rented from the distributor; it must be purchased. Hurm indicated a market for rental of such a unit exists. Stover inquired if a cost analysis would determine whether it may be more economical for the Police Department to purchase the unit. Hurm indicated there are too many variables involved to conduct a meaningful cost analysis. Daugherty stated the unit could be an effective deterrent in some of the City's problem areas where monitoring is required. He inquired what the cost comparison would be if a police officer was hired. Hurm indicated the cost for purchase of a vehicle plus salary for an officer would be higher than the purchase cost of SMART. Lewis and Benson agreed the unit would be an effective deterrent. Cost of the unit without the computer system is $8,500. The computer records traffic counts, speeds, times, etc. Following discussion, the Councilmembers agreed it would be advantageous for the City to purchase the unit itself; it could be rented for use by other cities. Lewis moved, Stover seconded to approve the City's purchase of the Speed Monitoring Awareness Radar Trailer (SMART) including the computer system at an estimated cost of $12,500 under the City's equipment replacement schedule. . Motion passed 4/0. 14. COUNCIL REPORTS Stover suggested that alternates be appointed to the MWCC task force so as not to impede an expeditious resolution of the issue. Following discussion, the Councilmembers agreed that one alternate Councilmember would be adequate. Stover moved, Lewis seconded to designate Councilmember Bruce Benson as Shorewood's alternate task force member dealing with the MWCC issues to serve in the event that one of the two appointed members is unable to attend a scheduled meeting. Motion passed 4/0. A. MWCC Task Force Report Daugherty stated a strategy meeting regarding the MWCC issues was held recently with the staff, Brancel and himself. The date for the first meeting of the MWCC/Councilmember task force has not yet been set. 15. ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS . Lewis moved, Benson seconded to adjourn the City Council Meeting, subject to the approval 8 . . . . . .. REGULAR CITY COUNCIL MINUTES SEPTEMBER 13, 1992 - PAGE 9 of claims, at 8:45 p.m. to an Executive Session. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: J S C. HURM, CITY ADMINISTRATOR R~~{TY. ACfING MAYOR 9