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041194 CC Reg Min . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, APRIL 11, 1994 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 7:03 p.m. A. Pledge of Allegiance B. Roll Call Present: Mayor Brancel; Councilmembers Benson, Lewis and Stover; Administrator Hurm, Acting Engineer DeLaForest, Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. Absent: Councilmember Daugherty. c. Review Agenda . Benson moved, Stover seconded to approve the agenda for April 11, 1994, amended as follows: remove Items 3.A. and 3.C. from the Consent Agenda and place on the Regular Agenda, replace postponed Agenda Item 9. with: Vine Hill Road/T.H. 7 Construction Agreement, and consider Item 7. before Item 6. Motion passed 4/0. D. Presentation to Howard Stark Mayor Brancel presented a plaque to Howard Stark, upon his retirement effective April 1, 1994, in appreciation of his 10 years of dedicated service to the Public Works Department of the City of Shorewood. 2. APPROVAL OF MINUTES City Council Regular Meeting - March 28, 1994 Lewis moved, Benson seconded to approve the Regular Council Meeting minutes of March 28, 1994, amended by adding a sentence to paragraph 2, page 5, following sentence 6, (under Review of Shorewood Park Foundation Bylaws): "McCarty said she would investigate methods to avoid dominance when a minimum quorum exists." Motion passed 4/0. 3. CONSENT AGENDA . Mayor Brancel read the Consent Agenda for April 11, 1994. . . . REGULAR CITY COUNCIL MINUTES APRIL 11, 1994 - PAGE 2 Lewis moved, Stover seconded to approve the Consent Agenda and to adopt the Resolution and Motions therein: A. Motion Approving Donation of $1,000 to 1994 4th of July Celebration as Budgeted. REMOVED AND PLACED ON REGULAR AGENDA. B. Motion to Approve an Extension of Time to File a Final Plat to October 31, 1994. Robert S.C. Peterson 2nd Addition. C. Motion to Approve the Revised Light Equipment Operator Job Description. REMOVED AND PLACED ON REGULAR AGENDA. D. RESOLUTION NO. 94-37 "A Resolution Authorizing Submittal of the 1994 Hennepin County Grant Application for Residential Recycling Funding." E. Motion to Approve a Temporary Sign Permit. Video Update, Andrew Schmidt, 19465 Highway 7. Motion passed 4/0. 3.A. MOTION APPROVING DONATION OF $1.000 TO 1994 4TH OF JULY CELEBRATION AS BUDGETED Stover stated it was improper for the City to donate tax dollars for such an event and suggested that individual contributions are more appropriate. Brancel stated that $1,000 has been donated for the event for many years because many residents attend and this was the least the City could do to support the event. The event, conducted by the Excelsior Chamber of Commerce, is financed through contributions from the surrounding cities and businesses. Stover reiterated her philosophical objection to donations by the City of Shorewood. Brancel commented on the celebration's funding history and pointed out that currently the Chamber bears sole responsibility for funding the event and other cities support it with donations. Brancel moved, Lewis seconded to approve a donation of $1,000 to the 1994 4th of July celebration as budgeted. Motion failed 2/2. Benson and Stover voted nay. 3.C. MOTION TO APPROVE THE REVISED LIGHT EOUIPMENT OPERATOR JOB DESCRIPTION Lewis inquired whether the position will replace that vacated by Mr. Stark's retirement from the Public Works Department. Hurm explained the description is for each of the light equipment operators and is updated primarily in light of the American Disabilities Act. Lewis inquired whether an analysis of staffing needs has been conducted. Hurm stated such an analysis has not been conducted in recent months. Lewis indicated while he has no objection to the job description per se, he preferred delaying approval in order to study . . . REGULAR CITY COUNCIL MINUTES APRIL 11, 1994 - PAGE 3 specific needs. Hurm explained that the position to be filled requires an emphasis on mechanical skills in order to fill the current need for this specialty, the hiring process is currently underway and a recommendation for hiring is expected to be presented to the Council at its next meeting. Lewis stated the hiring process should be completed and Hurm agreed to provide a current staff and needs analysis and hiring recommendation at the next meeting. Lewis moved, Benson seconded to approve the revised Light Equipment Operator job description dated April 1, 1994. Motion passed 4/0. 4. PARK - Report by Represe~tative - None. 5. PLANNING - Report by Representative - None. Consideration of a Preliminary Plat. Applicant: Bob Pierce. Location: 25380 Smith town Road. Nielsen stated the initial application was for a three-lot division, but upon the recommendation of the staff and the Planning Commission, it was modified to two lots and complies with the City's requirements. Lewis moved, Stover seconded to approve the revised preliminary plat application of Robert Pierce, 25380 Smithtown Road, subject to the conditions detailed in Nielsen's April 6, 1994 memorandum. Motion passed 4/0. 6. MOTION TO ACCEPT THE BIDS FOR PARKING LOT RENOVATION AT CITY HALL/BADGER PARK DeLaForest stated bids for this project were rejected last fall due to the high prices received at that time. As requested, the design of the project was reviewed and bids were again requested and opened on March 30, 1994. DeLaForest recommended that the low bid of $105,799.00 received from Hardrives Inc. be accepted. He pointed out that at the City's option portions of the work can be performed by the Public Works Department and the cost of such work would be deducted from the Hardrive contract. It was noted that the Regional Transit Board will fund 21% of the cost of the renovation which includes a Park & Ride. Benson moved, Stover seconded to accept and award the low bid of $105,799.00 to Hardrives Inc. for parking lot renovation at City Hall/Badger Park (City Project 93-1). Motion passed 4/0. 7. CONSIDERATION OF AGREEMENT WITH RTB FOR A PARK & RIDE Hurm reviewed the proposed agreement with the Regional Transit Board (RTB) to provide 17 parking stalls in the City Hall parking lot for a Park & Ride. The RTB has agreed to contribute 21 % ($26,150) of the cost of lot renovation project plus $2000 for a 200' asphalt REGULAR CITY COUNCIL MINUTES APRIL 11, 1994 - PAGE 4 . trail to be installed to provide access for bus riders. Hurm recommended approval of the agreement subject to the City Attorney's review. Keane pointed out that the RTB's standard contract provides that it shall be held harmless against any claim of liability relating to or arising out of the use, condition, or operation of the Park & Ride. He stated that in the spirit of cooperation, it was requested that the liability be mutually shared between the City and the RTB, however, such a clause was rejected by the RTB. Keane described potential risks associated with the Park & Ride, but pointed out that any claims against the City would be covered by its insurer. Lewis inquired whether a posted sign would absolve the City of liability. Keane indicated a notice can limit the liability, but would not eliminate the liability. Stover inquired whether there was a difference in liability between this arrangement and any other user of the City's lot and whether there are limits placed on its use. Keane stated currently a limitation on its use does not exist and that claims arising from use other than the Park & Ride would be forwarded to the City's insurer. Stover inquired whether designation for a specific use is associated with liability and if so, whether it could be negated. Keane explained the City's insurance covers the same risks under any conditions and that the City's treasury would not be jeopardized. Stover expressed concern that the funds received from the RTB for the project vs. the cost of a law suit may not be comparable. . During discussion, Hurm pointed out that under a mutual risk agreement, a claim could still increase the City's insurance premium. Nielsen indicated the Comprehensive Plan identifies a Park & Ride as a means of improving the City's transportation service through increased ridership. Keane stated the agreement may be terminated by either party with a 90-day written notice, under which the RTB funds shall be reimbursed on a pro-rated basis. Lewis moved, Benson seconded to approve the Regional Transit Board Funding Agreement with the City of Shorewood. Motion passed 4/0. 8. CONSIDERATION OF RIGHT-OF-WAY PERMIT Applicant: Location: V.A. Hidding 5885 Strawberry Lane Brancel announced the case. Nielsen stated the owner was advised last fall not to build a large masonry mailbox structure in the public right-of-way in front of his home. Nonetheless the structure, located about 6" from the black top, was completed this spring. Nielsen circulated photographs of the structure. After consultation with the City Engineer, the Public Works Director, and City Attorney, staff recommends that the application for a right- of-way permit be denied and that the applicant be advised to remove the structure within 5 days because it is a potential safety hazard and public liability problem. Failure to comply would result in removal of the structure at the owner's expense by Public Works. . . . . REGULAR CITY COUNCIL MINUTES APRIL 11, 1994 - PAGE 5 Mr. J. B. Hidding, spoke on behalf of V.A. Hidding, 5885 Strawberry Lane. He stated that to his knowledge he was not advised against building the structure or that a permit was required, until an inspector visited the residence. Hidding stated the structure (which measures 27" D x 19" W x 56" H), is designed to protect the post box from vandalism and to enhance the neighborhood and was built to Postal Service specifications. He inquired whether he could move the structure on to his property and asphalt the City's right-of-way. Nielsen stated because the structure encroaches the public right-of-way, it was recommended that he apply for a right-of-way permit. He indicated, however, the encroachment undermines the roadway and creates a hazard particularly for a snow plow. Following discussion with staff and Mr. Hidding, the Councilmembers supported the staffs recommendation that the structure should be removed because it is a potential safety hazard and creates a public liability problem. It was suggested that Mr. Hidding submit plans for re-Iocating the structure, paving, etc. to the City's Planning Department for review and consideration. Benson moved, Stover seconded to deny the Hidding application for a right-of-way permit at 5885 Strawberry Lane. Motion passed 4/0. Benson moved, Lewis seconded to grant 10 days for removal of the mailbox structure located at the Hidding residence, 5885 Strawberry Lane, and directed the Public Works Department to remove the structure at the owner's expense, if it is not removed within the time granted. Motion passed 4/0. 9. A MOTION TO APPROVE REOUEST TO CHANGE ANTENNAS ON THE WATERTOWER - CELLULAR ONE - POSTPONED. 9.A CONSIDERATION OF VINE HILL ROAD/T.H. 7 CONSTRUCTION AGREEMENT DeLaForest described the provisions of agreements to be executed prior to the April 22, 1994 bid letting related to the Vine Hill Road/Highway 7 reconstruction by the Minnesota Department of Transportation (MnDOT). Cooperative Construction Agreement No. 71828 provides for cost sharing on City sewer and water extensions (100% City), driveway aprons and traffic control (20%), storm sewer upgrades (20.5% City), and 8% of the City's share for construction engineering, inspection, and contract administration. The sanitary sewer and water extensions are estimated to cost $26,194.00 and will provide service to those properties east of the new intersection and connect the last section of Shorewood on Minnetonka water to the Shorewood system. The City CIP set aside $24,000 for these items. The driveway and storm sewer upgrade costs to be split according to MnDOTs standard formula amount to $19,605.37. Signal Agreement No. 71980 delineates the City's share of the signal light cost at the intersection which is estimated at $6,480.00. The City CIP set aside $39,000 for driveway and storm sewer upgrade and signal light cost. DeLaForest noted that the agreement calls for future maintenance on the frontage road to REGULAR CITY COUNCIL MINUTES APRIL 11, 1994 - PAGE 6 . be handled and paid for by Shorewood. Signal maintenance costs will be split between Shorewood and Deephaven. DeLaForest recommended approval of the agreements subject to the City Attorney's review and recommended that the appropriate City officials be authorized to execute the agreements. De LaForest answered questions. Stover moved, Lewis seconded to approve Cooperative Construction Agreement No. 71828 and Signal Agreement No. 71980 for Vine Hill Road/T.H. 7 Construction, subject to the City Attorney's review, and to adopt RESOLUTION NO. 94-38, "A Resolution Authorizing the City Council to Enter into an Agreement with the State of Minnesota, Department of Transportation Regarding State Project No. 2706-175 (T.H. 7= 12)" (including authorizing the proper City officers to execute the agreement). Motion passed 4/0. 10. MATTERS FROM THE FLOOR . Mr. Jim Anderst, 201-2nd Street, Excelsior, stated he owns property at 6020 Chaska Road in Shorewood where he has stored equipment for 3-4 years which has become a problem and he has been asked to move the equipment. He requested that he be placed on the agenda to present a conceptual plan for use of the property before applying for a zoning change to commercial for the property. Anderst described the location of the property which is zoned R-2. Nielsen stated this matter is currently under litigation and that a procedure does not exist whereby Mr. Anderst may come to the Council for conceptual approval. Nielsen reviewed the City's efforts to work with Anderst to resolve this issue. He pointed out that Anderst was advised to apply for zoning action or correct the violation by last Tuesday (04-05-94), but failed to do either. Anderst indicated he has made every effort to locate a piece of property to which he could move the equipment, but has been unable to find a location in the surrounding cities. He stated that equipment has been parked on the subject property for 40-50 years, that there are other residential areas in Shorewood that have equipment, and the property should be zoned commercial or a permit issued to allow equipment to be parked on his property. Brancel inquired whether it was possible for Anderst to apply for rezoning of the property. Nielsen reviewed the time required for the process and estimated it would be late June before the matter would come to the Council. Nielsen pointed out a jury trial in July was scheduled at the last hearing at which Anderst did not appear. Anderst stated he was not aware of the trial date, but that he has been in contact with the City since he received the violation notice. Nielsen stated the City has not received any response from Mr. Anderst for several months until he received the summons from the court. . Following discussion it was the consensus of the Council that Mr. Anderst may consider his options: 1) submit an application to the City for a re-zoning amendment by April 13 and REGULAR CITY COUNCIL MINUTES APRIL 11, 1994 - PAGE 7 . the staff will attempt to expedite processing the application, or 2) have the matter resolved through the courts. 11. DISCUSSION ON POLICY ISSUES A. Discussion on Age Requirements for The Seasons P.U.D. Brancel directed the Council's attention to the April 6, 1994 letter from Pete Boyer Construction, Inc., Excelsior. Mr. Boyer requests a change to the minimum age allowed in The Seasons senior housing development from age 62 to 55 years, because it is allowed by law, is desirable to the developer and the buyer, and it would assist older Shorewood residents to remain in the community. . Brancel noted that a number of advantageous conditions were granted to the developer based on its status as senior housing and that it now appears that the market for the facilities is stronger in the 50 to 60 year age range than in the 62 years and over. Stover stated that the zoning application states age 62 because of the Federal regulations at the 55 year level, this was developed as senior housing under Shorewood's definition and is therefore limited to persons 62 years of age. Stover stated that Mr. Boyer may choose to reapply, based on the area's zoning, and sell the homes to anyone, however, he would relinquish the City's senior housing benefits. Brancel agreed with Stover's statements. Lewis acknowledged that the market for the homes may be greater for those aged 55 years, however, the development was approved for the 62 year age range. Benson agreed any change requires an amendment to the current P.U.D. and that Mr. Boyer may choose to do so. The consensus of the Council was that Mr. Boyer may apply for an amendment to the current P.U.D. to reclassify the development, but that the senior housing advantages related to the current P.U.D. would be relinquished if the P.U.D. is amended. B. Discussion on Participation in Goose Round~up Mr. William Rissmann, 5905 Sweetwater Circle, described the problem caused by a flock of about 50 geese that nest on Silver Lake and cross 5 or 6 residential properties on Sweetwater Curve to feed near an adjacent pond. He requested that the City of Shorewood give its permission to Professor Jim Cooper, University of Minnesota, to remove the geese and to fund the $500 cost. (Details outlined in Mr. Rissmann's March 31, 1994 letter to Mr. Hurm). . Hurm stated that Rhonda Keene, 6125 Chestnut Terrace, telephoned on behalf of a number of neighbors in the area who do not want the City to give permission for the goose roundup, but would like further information on the program. A survey of 13 cities showed that 9 do not participate in such a program. Four cities do participate with various restrictions (survey detailed in Teri Naab's April 1, 1994 memorandum to Mr. Hurm). . . . REGULAR CITY COUNCIL MINUTES APRIL 11, 1994 - PAGE 8 Mr. Rissmann stated he is willing to facilitate a meeting of the neighborhood residents to discuss the matter to find a solution to the problem. Mr. Randy Betcher, 19655 Sweetwater Curve, reiterated the concerns expressed by Mr. Rissmann and expressed concern about the offensive odor of the droppings which remains even after droppings are removed. He inquired how the City will handle a similar problem that will be created by the current development of Silverwood Park where children will be walking and playing adjacent to a nesting area. Lewis acknowledged that a problem may be created, however, he stated that removal of the geese is not a permanent solution. Following discussion, it was the general consensus of the Council that while it was sympathetic to the problem, it did not favor the program and opposed granting permission and funding a goose round-up because: 1) based on experience, the relocation program does not work, 2) the geese are part of the rural atmosphere of Shorewood, 3) some residents strongly object to removal of the geese, and 4) the majority of surrounding cities do not have removal programs rendering any program in Shorewood futile. It was noted that Council permission is required for a privately-funded removal program, therefore, any proposal that may result from the neighborhood meeting would require Council review. 12. ADMINISTRATOR AND STAFF REPORTS A. Wood Duck Circle - Street and Street Light Hurm directed the Council's attention to City Engineer Dresel's letter dated April 6, 1994 and attachments prepared in response to concerns expressed by a resident at the March 28 Council meeting, regarding the condition and status of Wood Duck Circle. Hurm reviewed the history of the road. A physical review of the road indicates the re-built portion next to County Road 19 is in excellent condition, a pothole on Country Road 19 needs repair, and the remainder of the roadway is in average to poor condition. Therefore, Public Works and Engineering recommends that the roadway remain under consideration for reconstruction but not on a priority basis. Following discussion, the Councilmembers concurred with the staff recommendation. It was noted that while the concerned resident indicated a need for street lights on Wood Duck Circle, a petition has not been received to date. B. Report on Technology Review Hurm directed the Council's attention to the document "City of Shorewood Strategy for Technology Use" dated April 1994, prepared by Hartley Associates. A detailed plan will be presented at the next meeting which Mr. Hartley will attend. . . . REGULAR CIlY COUNCIL MINUTES APRIL 11, 1994 - PAGE 9 C. Recommendation on MWCC Litigation Keane requested the Council's direction relative to the recommendation that the City appeal the District Court's decision that it did not have jurisdiction over the City's dispute with the MWCC and referred it to the Court of Appeals. He reviewed the appeal process which would take about 60-90 days and would cost approximately $5,000-$10,000. Mayor Brancel recessed the meeting at 9 p.m. and reconvened at 9: 12 p.m. The Council discussed the appeal recommendation with Mr. Keane. Concerns and questions raised: Would the appeal succeed? What are the City's options? If the City prevailed in the appeal, what is the likelihood that the MWCC would appeal that decision? Would the issue be tied up in the Courts in long-term costly litigation? The Council agreed to continue its consideration of the appeal and litigation in executive session at its next meeting. 13. MAYOR AND CIlY COUNCIL REPORTS Lewis commented on the work in progress by the Public Works Department at Silverwood Park and suggested that adequate direction and supervision over the project be provided to ensure that the plans for the Park as approved are being complied with. 14. ADJOURNMENT TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS Mayor Brancel stated that the work session will be re-scheduled due to the absence of Councilmember Daugherty. Benson moved, Lewis seconded to adjourn the City Council meeting subject to approval of claims at 9:22 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: