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121393 CC Reg Min .... " . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, DECEMBER 13, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:15 p.m. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Daugherty at 7: 15 p.m. A. Pledge of Allegiance B. Roll Call Present: Acting Mayor Daugherty; Councilmembers Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. Absent: Mayor Brancel and Councilmember Benson. c. Review Agenda Lewis moved, Stover seconded to approve the Agenda for December 13, 1993, with postponement of Agenda Item 10.C. and cancellation of the Executive Session. Motion passed 3/0. D. Presentation to Daniel Randall Acting Mayor Daugherty presented a plaque to Daniel Randall, Public Works Department, acknowledging with appreciation his 20 years of service to the City of Shorewood. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes and Work Session Minutes - November 30, 1993. Lewis moved, Stover seconded to approve the City Council Meeting Minutes and Work Session Minutes of November 30, 1993. Motion passed 3/0. Presentation by South Shore Senior Citizens Two residents representing the South Shore Senior Citizens distributed tokens of appreciation for the efforts of the Council and staff on their behalf during the past year. 1 . . . ~ . REGULAR CITY COUNCIL MINUTES DECEMBER 13,1993 - PAGE 2 3. CONSENT AGENDA Acting Mayor Daugherty read the Consent Agenda for December 13, 1993. Stover moved, Lewis seconded to approve the Consent Agenda and to adopt the Motions and Resolutions contained therein: A. RESOLUTION NO. 93-113 "A Resolution Approving Licenses for Refuse Collectors." (January 1, 1994-December 31, 1994) RESOLUTION NO. 93-114 "A Resolution Approving Licenses for Tree Trimmers." (January 1, 1994-December 31, 1994) B. Motion to Approve Lease Amendment No.9 for Liquor Store No.2. (October 1, 1993-September 30, 1996) C. Motion to Approve Extension of Notice to Remove. Applicant: Michael Heiland. Location: 5950 Mill Street. D. Motion to Direct the City Engineer to Prepare a Feasibility Report for Installation of Public Utilities. (Brynmawr Place, Howards Point Road) E. RESOLUTION NO. 93-115 "A Resolution Authorizing the Transfer of Funds. Motion passed 3/0. 4. RECONVENED PUBLIC HEARING 7:15 P.M. - PROPOSED 1994 BUDGETS AND THE 1993 PROPERTY TAX LEVY COLLECTIBLE IN 1994 Acting Mayor Daugherty opened and closed the public hearing at 7:25 p.m. there being no comments from the public. Hurm directed the Council's attention to information provided for Agenda item 8 relating to the City's participation in general construction and signal costs for the Vine Hill/Highway 7 intersection re-construction project to be completed and financed primarily by the Minnesota Department of Transportation (MnDot) in 1994. He stated the Capital Improvement Plan before the Council for approval includes the additional associated costs for the project in the amended CIP pages included with Dresel's December 7 letter outlining those costs. Stover expressed confidence in the staffs recommendation which concludes the costs are reasonable considering the benefits to be received by the City. Dresel pointed out the information provided by MnDot for the City's cost for the service road improvement is preliminary but is nonetheless included in the amended CIP. If the estimates change in the future, Council has authority to amend the CIP. Dresel noted that according to MnDot, the 2 . . . . . REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 3 estimated total cost of the intersection reconstruction has doubled from the earlier estimate to about $800,000. He explained the Council will only be asked to agree to the signal cost participation agreement at this time. Lewis inquired whether the project could be delayed or if additional expenses could be shifted to the City. Dresel responded that if the Cities (Shorewood and/or Deephaven) declined to participate, the project would be delayed, and MnDot is responsible for funding the major portion of the project. Hurm recommended the estimated $33,000 costs for the service road improvement be included in the 1994-1998 Capital Improvement Plan. A. Motion to Adopt a Resolution Approving the 1994 Budgets and Approving the 1993 Property Tax Levy Collectible in 1994 Lewis moved, Stover seconded to adopt RESOLUTION NO. 93-116, "A Resolution Adopting the 1994 Budgets and Approving the 1993 Property Tax Levy Collectible in 1994." Motion passed 3/0. B. Motion to Approve the 1994-1998 Capital Improvement Plan Lewis moved, Stover seconded to approve the 1994-1998 Capital Improvement Plan, as amended. Motion passed 3/0. C. Motion to Adopt a Resolution Approving the 1994 Capital Budget Lewis moved, Stover seconded to adopt RESOLUTION NO. 93-117, "A Resolution Adopting a Capital Improvement Budget for the Year 1994." Motion passed 3/0. 5. CONSIDERATION OF A PLAN FOR BEVERLY DRIVE/CA.TED LANE Daugherty explained that the Council will consider a preliminary staff recommendation with regard to the traffic issues raised by residents of Beverly Drive, Cajed Lane, Mton Road and Cathcart Road. Dresel presented a brief summary of the current status of the issue. A clear consensus for a solution did not result from neighborhood meetings held recently. Comment sheets from residents were distributed to Councilmembers. Dresel reviewed recent traffic count information on the affected streets. Dresel stated the recommendation of the staff is to place a "no right turn" sign on Smithtown Road eastbound at Cajed Lane and a "no left turn" sign on Cathcart at Beverly Drive. This should eliminate cut-through traffic and keep a public street open for public and emergency use around the clock. Dresel indicated that although some Beverly /Cajed residents will be required to drive farther, a cul-de-sac would 3 . . . . . REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 4 have the same effect. He cautioned that a "no left turn" sign will result in more traffic on Smithtown Road and Mton Road and that situation should be monitored. Dresel acknowledged the recommendation will require Beverly and Cajed residents to utilize Smithtown Road to reach their residences from Cathcart. Daugherty reiterated the proposal before the Council is merely a recommendation for consideration and that action will not be taken at this time. He stated a forum will be opened following Council discussion for those residents present wishing to make comments and additional comments will be collected from the residents for the City's further consideration in January 1994. Stover inquired whether the proposed recommendation will redirect traffic to Mton Road. Dresel reiterated that result may occur and recommended that traffic be monitored to determine the extent of the increased traffic on Afton and on Cathcart. Stover inquired whether a solution for additional traffic on Cathcart is available. Dresel stated that the overall traffic count on all the affected streets are termed as a very low residential street count. Daugherty opened a public forum at 7:43 p.m. Mr. Earl Bakken, 6040 Cajed Lane, stated traffic has been reduced about 50% since the "No Through Traffic" signs were posted in the area. He inquired when the traffic counts were taken. Dresel responded the counts are averages taken over the past month or two. Bakken stated most citizens are obeying the signs and the reduction in traffic is noticeable. He stated he disagreed with the one-way street alternative since residents would likely disregard the signs to reach their homes rather than driving all the way around. Ms. Pam Whelan, 5910 Cathcart Drive, agreed with Mr. Bakken's viewpoint. She stated the residents originally preferred installation of a cul-de-sac, however, the "No Through Traffic" signs have helped and since the neighborhood information meetings, the residents realize how much property would be taken from their yards for a cul-de-sac. In addition, she stated the residents do not want a one-way posting. She suggested leaving the situation as it is and re-contact the residents at a later date. Daugherty closed the public forum at 7:50 p.m. Dresel stated a summary of this discussion would be sent to the affected residents and the matter will be referred back to the Council in January 1994. Daugherty suggested the staff distribute a summary letter/survey advising that no action was taken by the Council and that nOne will be taken until a response is received from the affected residents regarding the traffic situation. The Council agreed with this strategy. 6. CONSIDER AMENDMENT TO ORDINANCE NO. 277 PROHIBITING DISCHARGES INTO THE SANITARY SEWER 4 REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 5 . Nielsen reviewed the recently enacted ordinance requiring an inspection program to enforce an ordinance that building sump pumps may not discharge ground water into the sanitary sewer system. During the inspection program it has been discovered that some properties have sump baskets or basins, but do not have a pump at the present time. This amendment provides that any building/home that has a drain tile system or a basket must have rigid plumbing providing for discharge outside of the house/building. The current language in the Code only requires such plumbing where a sump pump exists. Lewis inquired whether the tile system will be required to be included by building contractors. Nielsen responded that contractors will be required to provide the plumbing as specified in the Ordinance. Lewis inquired whether the amendment will be retroactive to inspections already completed. Nielsen stated it will not be retroactive, however, owners of buildings where such a situation exists will be advised of the plumbing requirements, and that inspections made from now on and any new construction will be required to comply. Daugherty inquired why the City would require expenditure for the plumbing system if a sump pump does not insist. Nielsen stated that while it is a simple procedure to install a sump pump, it is not the City's intent to re-inspect those buildings that were in compliance this year, but had a sump basket or basin. He indicated that builders are advised that a tile system is the least expensive method for discharging ground water outside. Stover moved, Lewis seconded to adopt ORDINANCE NO. 282, "An Ordinance Amending . Section 904.09, Prohibiting Discharges into the Sanitary Sewer System." Motion passed 3/0. 7. CONSIDER AN AMENDMENT TO CHAPTER 702 OF THE MUNICIPAL CODE REGARDING HORSES AND PONIES Keane stated the proposed change is a minor text amendment to Section 702 resulting from an observed conflict between the zoning ordinance and the horse regulation. Specifically, the zoning ordinance prohibits electric and barb wire fences in all districts and the horse regulation makeS reference to enclosure of confined horse areas with wood, metal, or electric fences. Whenever two ordinances conflict, the stricter one applies. This amendment deletes the reference to electric fences as a permissible method to confine horses and brings Chapter 702 into consistency with the zoning ordinance. This conflict surfaced during the City Clerk's administration of horse/stable permits. . Stover stated that enclosing horses necessitates the use of electric fences. The prohibition of barb wire fence was generally for the protection of persons walking through. Since this type of fence is needed to confine horses, Stover suggested that rather than prohibit this for horse owners, a better solution would be to install a secondary fence adjacent to, on the outside of, the barb wire or electric fence. She pointed out that non-confinement of horses is prohibited. Keane outlined three options to deal with the conflicting provisions: 1) deletion of the 5 . . . REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 6 reference to permitting electric fences; 2) permit electric and/or barb wire fences within an enclosed perimeter of other fencing materials; 3) permit electric and/or barb wire fences. Hurm added that the next licensing cycle is May 15, 1994. Five permits are involved. Lewis suggested the matter be referred to the Planning Commission and requested that the Commission present a recommendation regarding the issue for the Council's consideration at a future date. Stover and Daugherty agreed that the issue be referred to the Planning Commission. Following a brief dialogue among the Councilmembers, they agreed to hear comments regarding the issue from a resident in attendance at this meeting, notwithstanding the fact that the Council would not take action on the proposed amendment at this time. Acting Mayor Daugherty opened a public forum at 8: 10 p.m. Ms. Pat Whelan, 5910 Cathcart Drive, recommended allowing electric fences for confining horses primarily for safety reasons. She stated such fences are the only type that will contain horses effectively in an area. Daugherty closed the public forum at 8: 10 p.m. 8. CONSIDERATION OF ISSUES RELATING TO VINE HILL/TRUNK HIGHWAY 7 INTERSECTION Daugherty noted this matter was discussed in connection with the prior approval of the 1994-1998 Capital Improvement Plan. Dresel recommended the Council accept the terms of the Traffic Cost Participation and Maintenance Chart. Basically, Shorewood will pay about $5,500 for signal construction and will pay for 50% of future maintenance and power with Deephaven providing the other 50%. Shorewood currently pays 100% of the maintenance and power costs. Subsequently, a formal agreement developed by MnDot detailing the various aspects of the cost participation will be presented to the Council for approval. Lewis indicated acceptance of the signal agreement. He inquired why the project costs have substantially increased from earlier estimates. Dresel explained that design plans have been developed to a more detailed level. He pointed out that although MnDot's budget has been reduced 40%, the project is considered a high priority for completion due to safety considerations. Final design plans will be prepared by year-end and contracts will be let in March 1994. Dresel noted the Minnetonka School District desires that the project be completed by September 1994. Stover moved, Lewis seconded to preliminarily agree to the terms of the Traffic Signal Cost Participation and Maintenance Chart as outlined in the Engineer's letter of December 7, 1993. 6 . . . . " REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 7 Motion passed 3/0. 9. PARK - Report by Representative/Report on Foundation Concept Elizabeth Fuller reported on the activities of the Park Commission. She distributed and reviewed a document, "Establishing a Park Foundation or Non-Profit Corporation," outlining the history and impetus for developing the Foundation concept; the Park Foundation concept; and the Park Commission's position regarding the concept. Commissioners McCarty and Lindstrom are working with sports and other interested groups and organizations on the plan. The Council will continue to be advised of developments. Daugherty indicated the concept is worth pursuing as a viable concept for enhancement of the park system. Hurm invited the Councilmembers to participate in development of the bylaws of the foundation/corporation. 10. PLANNING - Report by Representative Doug Malam reported on the discussions and actions taken by the Planning Commission at its December 7, 1993 meeting. He noted that Commissioner Jim Pi sui a will represent the Commission at 1994 Council meetings. The Council thanked Malam for his quality reporting during the past year. A. Motion to Direct Staff to Prepare Findings of Fact Approving a C.U.P. - Accessory Space in Excess of 1200 Sq.Ft. Applicant: Ron Lind. Location: 26400 Strawberry Court. Lewis moved, Stover seconded to direct the staff to prepare findings of fact approving a C.U.P.-accessory space in excess of 1200 sq.ft. for Ron Lind at 26400 Strawberry Court. Motion passed 3/0. B. Motion to Direct Staff to Prepare Findings of Fact Approving a C.U.P. - Accessory Space in Excess of 1200 Sq.Ft. Applicant: Dean Spatz. Location: 28235 Boulder Circle. Stover moved, Lewis seconded to direct the staff to prepare findings of fact approving a C.U.P.-accessory space in excess of 1200 sq.ft. for Dean Spatz, 28235 Boulder Circle, subject to the correction of existing nonconformities and drainage issues. Motion passed 3/0. c. Motion to Direct Staff to Prepare Findings of Fact Approving a Simple Subdivision/Lot Area Variance. Applicant: Gregory Erickson. Location: 5290 Howards Point Road. POSTPONED. 7 . . . .. REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 8 D. Resolution Approving a Simple Subdivision/Lot Combination. Applicant: McNulty Construction. Location: 4611-17 Bayswater Road. Lewis moved, Stover seconded to approve a simple subdivision/lot combination for McNulty Construction, 4611-17 Bayswater Road, subject to the Attorney's review of the existing covenants for the property. Motion passed 3/0. E. Motion to Direct Staff to Prepare Findings of Fact for a Preliminary Plat and Lot Width Variance. Applicant: Whitley Mott. Location: 24850 Yellowstone Trail. Nielsen clarified that the request before the Council is for a lot width variance which the Planning Commission did not recommend. Rather, the Commission and staff recommend approval of a preliminary plat which would provide a dedicated street right-of-way to serve the newly created lot and that provisions of the final plat would require construction of a street and utilities at such time as the new lot is resubdivided. Nielsen stated the Ordinance requires the Council to hold a public hearing in connection with this request. He recommended the matter be tabled and that the Council set its next meeting, January 10, 1994, for the hearing. Stover moved, Lewis seconded to table to January 10, 1994, the revised preliminary plat request of Whitley Mott, 24858 Yellowstone Trail. Motion passed 3/0. 11. MATIERS FROM THE FLOOR - None. 12. ADMINISTRATOR AND STAFF REPORTS Hurm reported the receipt of a $2500 donation from the local American Legion for park playground equipment bringing its total contribution this year to $6,000. Council expressed appreciation for the Legion's admirable support of the City's parks. A. Staff Report on Bike Path along Old Market Road Dresel explained that the possibility of one lane of parking on Old Market Road has been investigated. Parking is currently precluded to accommodate the bike lane. Detaching the bike lane by constructing it off the road raises two questions: 1) would the City still receive State Aid (MSA) funding for the trailway /bike path and 2) could it still legally be called a bike path with a 25 mph limit on the Road. Dresel stated that his review of the rules suggests no reasons why State Aid would not continue, and suggested that a preliminary plan be developed for consideration by the State. Keane stated that his review of the applicable statutes indicates that there appears to be no conflict with the plan for segregation of the 8 . . . .~ REGULAR CITY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 9 parking lane and the bike path. Hurm stated the off-street trail is included in the CIP for 1994. Staff inquired whether the plan should be developed. Dresel further explained the parking and bikeway plan and indicated unless the Council objects, the plan will proceed as included in the CIP. Hurm noted the Park Commission has discussed the proposal and volunteered to contact the affected residents door to door. Daugherty suggested that a letter be sent to the affected residents notifying them of the plans. The Council concurred in the recommendation. 13. MAYOR AND COUNCIL REPORTS A. MWCC Task Force Report Keane reported on the recent Metropolitan Council meeting attended by himself, Councilmember Benson, Hurm, and Dresel. The Council was presented with a resolution from the Metropolitan Waste Control Commission (MWCC) directing the County Auditor to levy the shortfall between what the City has been paying the Commission and what the Commission has been billing the City for service. The Council will take final action on the resolution at its December 16 meeting. A presentation outlining the City's position was made to the Metropolitan Council. Keane stated a settlement was offered by the MWCC staff. The Council, however, declined to consider the settlement and preferred to proceed with the levy certification. Keane outlined the City's legal claims against the MWCC, Metropolitan Council and Hennepin County Auditor: 1) challenge the levy certification on a constitutional basis, 2) challenge the validity and accuracy of the charges as specifically allocated to the City of Shorewood, and 3) challenge the allocation system itself as being contrary to the statutory requirements that charges be fair, reasonable and equitable as it relates to the communities. He recommended that other "wet" communities be invited to participate both in the spirit and financial participation against the Metropolitan Council and the MWCC. This would broaden the base of the "wet" community vs. the "dry" community discussion and elevate the importance of the issue before the Court. Keane stated that during the City's presentation, it was specifically made a part of the record that the City wishes to move the dispute to an Administrative Law Judge and Hearing Examiner at the State level. The Council, however, rejected the request. Keane stated the request will be restated when the injunction is submitted to the Court. Keane stated the City's motion for an injunction against the defendants before District court will be brought this week. An immediate response and ruling will be requested since the levy will be certified for the coming tax year on December 28, 1993. Keane stated that once the levy is effected against Shorewood residents, there is no recourse and it will be payable in 1994. The Councilmembers discussed the Issues; staff members answered questions. It was 9 . . . '.. ..~ REGULAR CIlY COUNCIL MINUTES DECEMBER 13, 1993 - PAGE 10 suggested that residents may wish to contact elected officials regarding this issue to support the City's position. Stover moved, Lewis seconded to direct the City Attorney to proceed with the claims as set forth to bring those about prior to the administration of the levy on December 28, 1993. Motion passed 3/0. 12. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Lewis moved, Stover seconded to adjourn the City Council Meeting at 9:25 p.m. subject to the approval of claims. Motion passed 3/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: 10;J'1-1>P I' "T' \LV (,1 J ,h'\~'LAlI ROB DAUGHER , ACTING MAYOR J w\Q,j ( ~0 S C. HURM, CIlY ADMINISTRATOR 10