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102593 CC Reg Min . . . ,. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 25, 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, Daugherty, Lewis, and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane-entered at 7:13 p.m, Planning Director Nielsen and Financial Director Rolek. C. Review Agenda Daugherty moved, Stover seconded to approve the Agenda for October 25, 1993 with Item 3.D removed from the Consent Agenda and placed on the regular agenda as 6.F. Motion passed 5/0. D. Presentation to Mark Labree, Former Park Commissioner Mayor Brancel presented a plaque on behalf of the City of Shorewood to Mark Labree in appreciation of his 7 years of dedicated service on the Park Commission having served as it's Chair from January 1988 to December 1988. E. Presentation to J a.ck Hansen, Former Planning Commissioner Mayor Brancel presented a plaque on the behalf of the City of Shorewood to Jack Hansen in appreciation of his dedicated service on the Planning Commission from November 1991 to October 1993. 2. APPROVAL OF MINUTES Daugherty moved, Stover seconded to approve the October 11, 1993 City Council Regular Meeting Minutes. Motion passed 4/1. Brancel abstained. 1 . . . REGULAR CITY COUNCIL MINUTES October 25, 1993 - PAGE 2 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for October 25, 1993. Daugherty moved, Stover seconded to approve the Consent Agenda and to adopt the Resolutions and Motions contained therein: A. Motion to Approve a 2-Week Extension of Time of the Notice to Remove. Appellant: Everett Driskill. Location: 23800 State Highway 7 /6105 Lake Linden Drive. B. Motion to Award the Contract for a Tree Planting for City Hall/Badger Park to Wilson Nursery not to exceed $5,000. C. RESOLUTION NO. 93-94 "A Resolution Making Appointments to the Shorewood Advisory Group, Lake Minnetonka Area Cities Service Delivery Options Study." D. Motion Awarding the Contract for Construction of the Warming House/Shelter for Manor Park. Removed and placed on Re(:ular A(:enda as item number 6.E. E. Motion Approving Service Contracts for the Sump Pump Program Inspectors. F. RESOLUTION NO. 93-95 "A Resolution on Unfunded Mandates." G. Motion to Approve the 1994 Animal Control Contract. H. RESOLUTION NO. 93-96 "A Resolution Supporting the Concept of Grant Applications Regarding Cooperative Services." I. RESOLUTION NO. 93-97 "A Resolution on the Concept of Submitting a Grant Application to the State Board of Governmental Innovation and Cooperation. " J. RESOLUTION NO. 93-98 "A Resolution Extending the Term of an Intergovernmental Senior Center Task Force." K. Motion to Authorize the City Administrator to Teach 2 Thursday evenings at Hennepin Community College. L. RESOLUTION NO. 93-99 "A Resolution Making Appointments to the Shorewood Planning Commission." 2 . . . REGULAR CITY COUNCIL MINUTES October 25, 1993 - PAGE 3 M. Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits. N. Motion to Approve a Water Connection Agreement (Chanhassen). Applicant: Thomas M. Daughenbaugh. Location: 21710 Lilac Lane. Motion passed 5/0. Brancel announced appointments to the Planning Commission: Laura Turgeon to a term effective December 1, 1993 ending December 31, 1994, and Jeff Foust to a term effective November 1, 1993 ending December 31, 1995. 4. PUBLIC HEARING 7:10 P.M. - REGARDING A VACATION AND ACCEPTANCE OF AN EASEMENT AT 5705 ECHO ROAD A Motion to Approve a Vacation and Accept an Easement at 5705 Echo Road (William & Deidra Godfrey). Dresel explained that there is a typographical error in the description of an easement across an existing lot on Echo Road. Brancel opened and closed the Public Hearing at 7:10 p.m. there being no comments from the public. Keane stated the title examiner will accept a corrected deed for the property located at 5705 Echo Road rather than a vacation of the easement. He recommended the Council authorize the Clerk to execute a deed correcting the minor title defect. Daugherty moved, Stover seconded to adopt RESOLUTION NO. 93-100 "A Resolution Authorizing the Clerk to Execute a Corrected Deed for Property at 5705 Echo Road." Motion passed 5/0. 5. PARK COMMISSION - Report by Representative. Gordon Lindstrom, Park Commission member, reported on activities directed by the Commission including installation of playground equipment at Freeman and Manor Parks. It is anticipated that work will be completed this fall. 6. PLANNING COMMISSION - Report by Representative. Doug Malam, Planning Commissioner, reported on the discussions and actions taken at the Commission's October 19 meeting and related the recommendations for appointments by the Council to various Commission positions. 3 . . . REGULAR CITY COUNCIL MINUTES October 25, 1993 - PAGE 4 A. Motion to Adopt an Amendment to the Flood Plain Ordinance. Nielsen explained the amendment is basically a revised version of the City's existing Flood Plain Ordinance. The State and Federal Governments require updating of the ordinance to maintain residents' eligibility for the Federal Flood Insurance Program. The changes are technical in nature; the significant part of the ordinance, which the City has been enforcing since the '70s, states that homes built near a flood plain must be at a minimum of 1 foot above the 100 year flood elevation. Approval of the amendment is recommended subject to review and approval of the DNR. Following receipt of the DNR's approval, a summary ordinance for publication will be prepared for the Council's approval. Stover moved, Lewis seconded to adopt ORDINANCE NO. 281, Chapter 1101, Flood Plain Management Regulations, subject to approval of the DNR. Motion passed 5/0. B. Motion to Direct Staff to Prepare a Resolution Approving the Preliminary Plat of Brynmawr Place. Applicant: Location: Pemtom Land Company South of Woodside Road and West of Howard's Point Road Nielsen stated the plat fully complies with requirements of the City's development ordinances. He noted that a number of residents raised reasonable concerns regarding the development during the public hearing conducted by the Planning Commission. The Commission unanimously recommends approval of the preliminary plat. Nielsen pointed out that a revised sketch showing a shortened cul-de-sac has been submitted by the developer as requested. Dan Herbst, representing the Pemtom Land Company, described the site plan for 24 executive-type homes; location of the cul-de-sac; plans for preservation of trees and vegetation; and drainage and grading and landscaping plans. Construction is expected to begin in the Spring of 1994. Herbst stated the Company will attempt to preserve a large dead tree on the site as requested in a petition from the neighborhood children. Lewis moved, Stover seconded to direct the staff to prepare a resolution approving the Pemtom Land Company's application for a preliminary plat of Brynmawr Place, south of Woodside Road and west of Howard's Point Road. Motion passed 5/0. 4 . . . REGULAR CITY COUNCIL MINUTES October 25,1993 - PAGE 5 C. Motion to Direct Staff to Prepare a Resolution Approving a P.D.D. Amendment and Preliminary Plat. Applicant: Location: Robert S.c. Peterson 5480 Carrie Lane Nielsen stated this division was anticipated as part of the original P.D.D. approved in 1984 and is consistent with the previous approval. The Planning Commission and staff recommend approval of the preliminary plat and P.D.D. amendment. Stover moved, Lewis seconded to direct the staff to prepare a resolution approving the P.U.D. amendment and preliminary plat application of Robert S.e. Peterson, 5480 Carrie Lane. Motion passed 5/0. D. Resolution Approving a Simple Subdivision/Combination Applicant: Location: Gordon Lindstrom/Wendt & Apenitis 23680 McLain Road/23665 and 23705 Gillette Curve Nielsen stated this simple division involves a lot line rearrangement which is favorable for all the parties involved and the Planning Commission and staff recommend approval. Lewis moved, Stover seconded to adopt RESOLUTION NO. 93-101 "A Resolution Approving Subdivision and Combination of Real Property." Motion passed 5/0. E. Resolution Approving a Preliminary Plat & Lot Width Variance - Mott Addition. Applicant: Whitley Mott. Location: 24850 Yellowstone Trail. POSTPONED. F. Motion Awarding the Contract for Construction of the Warming House/Shelter for Manor Park Nielsen reported that only one bid has been received for construction of the warming house/shelter for Manor Park and the bid exceeds the budget as well as the requirement for competitive bidding. Nielsen stated that while the estimated cost may reflect the fact that contractors are backed up and busy, it may also suggest an unrealistic budget for the project. Given the present circumstances and timing, he indicated it is unlikely the project will be completed this year for use during the coming winter season. He suggested the contract be placed for bids again during the slower construction period this winter. 5 REGULAR CITY COUNCIL MINUTES October 25, 1993 - PAGE 6 . Hurm reported that the Park and Planning Commissions have been notified of the problems associated with the project and that a trailer will be used again as a temporary shelter during this season. Nielsen stated that higher material costs as well as heavy work schedules of contractors appear to have driven the costs up. Hurm indicated the project plans will be re-analyzed and placed for bids in January. 7. CONSIDERATION OF A REOUEST FOR REFUND Rolek stated Jean Mandeville, 28160 Boulder Bridge, requests removal of the penalty on her utility account because since mail is not received at City Hall on Saturdays (the due date) her payment was not received until the following Monday, making the payment late by one day. Rolek reviewed the City's utility charge payment policy which states that if the due date falls on a weekend when the City office is closed, the payment must be received in the City office by the opening of business on the first business day following the weekend. Based on the policy, Rolek stated that Mrs. Mandeville's payment which arrived in the mail on Monday is considered late and subject to the 10% late penalty. The Councilmembers discussed the policy and generally agreed that a payment received any time during the City's business hours of the first business day following a weekend or a holiday would be considered as received on time. . Lewis moved, Benson seconded to waive the penalty on the utility account of Jean Mandeville, 28160 Boulder Bridge, and to amend the policy to state ... "the payment must be received in the City office durin~ business hours on the first business day following the weekend or a holiday." Motion passed 4/1. Daugherty abstained. 8. CONSIDERATION OF A PETITION REQUESTING REMOVAL OF PARKING RESTRICTIONS ON OLD MARKET ROAD Hurm stated a petition signed by 11 residents on Old Market Road was received requesting that cars be allowed to park on one side of the street. He stated a portion of Old Market Road has been designated as an official bicycle lane which prohibits vehicular parking in the bike-way area. The bike-way designation allowed the 25 mph speed posting on that road. The Councilmembers discussed the request. Daugherty stated it is likely the residents may not fully understand the implications of their request and volunteered to contact the petitioners. Daugherty moved, Lewis seconded to table consideration of the petition requesting removal of parking restrictions on Old Market Road for 2 weeks to allow time to contact the residents to ensure understanding of the ramifications of the request. . Motion passed 5/0. 6 REGULAR CITY COUNCIL MINUTES October 25, 1993 . PAGE 7 . 9. MATTERS FROM THE FLOOR - None. 10. ADMINISTRATOR AND STAFF REPORTS Keane distributed and reviewed his draft letter addressed to Mr. Kyle Colvin of the Metropolitan Waste Control Commission regarding a suggestion that the issues between the City of Shorewood and the Metropolitan Waste Control Commission be resolved through some form of alternative dispute resolution. Keane supported pursuing such a process for mediation and resolution of the outstanding issues. He stated this is a policy question and requested guidance from the Councilmembers. He suggests a mediation process agreement be developed with the MWCC by November 3 and stated the details of the agreement would be presented to the Council for consideration at its November 8 meeting. The Councilmembers discussed the implications of a mediated resolution to the dispute, noting that political ramifications and questions need to be analyzed and expressed the need for a long-term solution to the issues. . Keane stated the mediation process would include resolution of 2 major issues: 1) the discrepancy in the estimates and volumes, and 2) the philosophical difference of interpretation of the Statute that gives MWCC latitude to impose fees on a fair and equitable basis. He emphasized that an expedited schedule for handling the issues and decision making would be included in the agreement. Keane stated the mediator's decision would be binding, but acknowledged that resolution of the dispute through legal channels could result in a more significant outcome. Benson moved, Lewis seconded to authorize the City Attorney to send the proposed letter to the MWCC and agreed to discuss a process to mediate the outstanding issues between the City and MWCC. I Motion passed 5/0. 11. MAYOR AND COUNCIL REPORTS A MWCC Task Force Report - None. B. Schedule for Appointments The Council briefly discussed the interview process and schedule for appointments/reappointments to the Park and Planning Commissions. Lewis inquired about the status of the Silverwood Park report; Hurm indicated a copy is available. Daugherty reported on a discussion with Mr. Lindstrom of the Park Commission regarding a number of issues coming before the Commission. Hurm indicated a Committee . of the Commission has been formed to address those issues and will prepare a 7 . . . " ,. , ~~ REGULAR CITY COUNCIL MINUTES October 25, 1993 - PAGE 8 recommendation for the Council's consideration. Daugherty suggested additional recreational items for Silverwood Park to replace the tennis courts. 12. ADJOURNMENT TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS Stover moved, Daugherty seconded to adjourn the City Council Meeting, subject to the approval of claims, at 8:30 p.m. to a Work Session. Motion passed 5/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: iV v"\;u^.. J ES C. HURM, CITY ADMINISTRATOR 8