Loading...
092694 CC Reg Min ~ ~ . . . .. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 26, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Brancel called the meeting to order at 7: 10 p.m. A. Pledge of Allegiance B . Roll Call Present: Mayor Brancel; Councilmembers Benson, Lewis, and Stover; Administrator Hurm, City Engineer Dresel, City Attorney Keane, and Planning Director Nielsen. Councilmember Daugherty. Absent: C. Review Agenda Stover moved, Benson seconded to approve the agenda for September 26, 1994. Motion passed 4/0. D. Introduction of New Hennepin County Library Director Representatives of the Hennepin County Library including its president, Milt Goldstein; Charles Brown, Library Director; Janet Kinney, Public Services Director; and Paul Turgeon, Excelsior librarian reviewed the library facilities and services offered in the community and distributed informational materials. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - September 12, 1994 Lewis moved, Benson seconded to approve the minutes of the September 12, 1994 Council meeting minutes. Vote: 2/2. Brancel and Stover abstained. Carried to next meeting for action. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for September 26, 1994. Stover moved, Lewis seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A. Motion to Approve the Contract for Services with Abdo, Abdo & Eick to Audit Financial Statements for the Year Ended December 31, 1994. B. RESOLUTION NO. 94-79 "A Resolution Amending Resolution No. 94-49 and Authorizing the Transfer of Funds." REGULAR CITY COUNCIL MINUTES September 26, 1994 - PAGE 2 . C. Motion to Establish Fall Yard Waste Day. October 29, 1994. D . Motion to Accept Low Quote for Local Drainage Maintenance Project. City Project 94-05: Near Mountain Boulevard. E. RESOLUTION NO. 94-80, "A Resolution Authorizing Submittal of a Five- Year Hennepin County Grant Application for Municipal Source Separated Recyclables. January 1, 1995-December 31, 1999. Motion passed 4/0. 4. PUBLIC HEARING 7:15 - A Motion to Adopt a Resolution Authorizing the Reallocation of CDBG Funds . Hurm explained that action is requested to authorize the reallocation of $24,879 (that are 3-year old CDBG funds) designated for rehabilitation of private property. Currently no eligible resident has applied for use of the rehabilitation funds available. The funds will likely be lost if not used by year-end. Therefore, it is suggested that $15,000 of the funds be reallocated to architectural barriers work to be completed in 1994. Other available CDBG funds for rehabilitation and the remaining $9,879 are to be set aside for future private property rehabilitation projects. The architectural barrier removal work is planned for Manor, Freeman and Cathcart Parks. The details of that project and its effect on the figures noted above are the subject of agenda item 5.B. Subsequent approval of the Project in 5.B. at a cost of $17,260 changes the remaining amount of 3-year old CDBG funds to $7,619. Refer to item 5.B. minutes. Mayor Brancel opened and closed the Public Hearing at 7:23 p.m., there being no comments from the public. Lewis moved, Stover seconded to adopt RESOLUTION NO. 94-81, "A Resolution Approving the Reallocation of Remaining 1992 (Year XVIII), 1993 (Year XIX) and 1994 (Year XX) Funds of the Urban Hennepin County Community Development Block Grant Program." Motion passed 4/0. 5. PARKS A. A Motion to Accept the Low Quote for Silverwood Park Landscaping Project from Wilson Nursery Hurm referred to his memorandum dated September 23 recommending that the Council accept the Wilson Nursery bid of $18,944.50 to supply all the plants (342) and materials and to complete a portion of the planting this fall and the remainder in the spring. A I-year warranty for each planting is included in the bid. Hurm explained the difference between the bid amount of $18,944.50 and the $11,900 original bid (which did not include any product warranty). . The Council concurred with the inclusion of a warranty for the product in the contract award. Lewis moved, Benson seconded to accept the low quote for Silverwood Park Landscaping Improvement Project No. PK-4-94, and to award the contract to Wilson's Nursery, Inc., Chanhassen, MN, in an amount not to exceed $18,944.50. Motion passed 4/0. . . . ,REGULAR CITY COUNCIL MINUTES September 26, 1994 - PAGE 3 B. A Motion to Award the Contract to Low Quote for Park Trails and Playground Surfacing Project (CDBa Handicap Accessibility Project PK-94-9) Bruce Chamberlain, Park Planner, referred to his memorandum dated September 26, 1994, which details a recommendation on the bid award for park trails and rubber playground surfacing. The Landscape Architect's estimate for the work is $11,200. He recommended that the City use the reallocated CDBa funds to accept the bid of $16,260.15 and award the contract to Expert Asphalt, Inc., Waconia, MN. Chamberlain explained that while the bid is higher than the estimate, the cost is driven up because the CDBa program is federally funded, which adds administrative work to the project and requires the contractor to comply with federal wage standards and equal employment opportunity requirements. Hurm explained that work on the Cathcart Park trail will not be completed because the parking area is not ready and will be eliminated from the project through a change order reducing the bid by about $2000. However an additional amount of $3000 is needed for administrative work connected with the project, therefore the total amount to be reallocated from the CDBa funds is $17,260. This leaves a balance of $7,619 of the 3-year old CDBa funds for private property rehabilitation. Lewis stated it is unfortunate that the CDBa funds for rehabilitation are not being used for the purpose designated. He indicated it is bothersome that use of the funds as recommended by the staff drives the cost of the park project higher because of federal regulations. Stover inquired how information regarding the availability of the rehabilitation funds is disseminated. Hurm stated the City advertises its availability and a press release encouraging residents to apply was recently published. He pointed out the funds are designated and regulated for specific rehabilitation of private property. Lewis suggested that efforts be intensified to encourage use of the CDBa funds available for rehabilitation of private property. The Councilmembers were troubled by the fact that the project cost is substantially higher than estimated simply because of requirements imposed by federal guidelines. Benson moved, Brancel seconded to accept the bid for the Park Trails (excluding Cathcart) and Rubber Playground Surfacing Project (No. PK-94-9) and to award the contract to Expert Asphalt Inc., Waconia, MN, in an amount not to exceed $17,268 (minus the amount for work on the Cathcart Park Trail). Motion passed 4/0. 6. PLANNING - Report by Representative Commissioner Pisula reviewed the the outcome of the public hearing conducted by the Planning Commission on September 20 relative to the interim development moratorium ordinance, presented the Commission's recommended revision to the proposed ordinance, and outlined the Commission's schedule for completion of the Comprehensive Plan update. A. Consideration of an Interim Ordinance Regarding Development Moratorium Mayor Brancel stated the Council will take action on an Interim Ordinance Adopting a Moratorium on Review and Approval of Certain Subdivision in the City of Shorewood effective until November 14, 1994. Lewis explained that the moratorium is not designed to halt construction in the City, but to complete the work necessary to update the Comprehensive Plan. He stated the Planning REGULAR CITY COUNCIL MINUTES September 26, 1994 - PAGE 4 . Commission's intent is to link the effective period of the ordinance with completion of the Comprehensive Plan update. Therefore, Lewis pointed out, the November 14, 1994 expiration date in the ordinance is unrealistic and misleading since the Commission's completion is scheduled for March 1995. Lewis reviewed the Commission's schedule for completion of the update and noted the coming holiday season may complicate the work schedule. Benson supported a moratorium less than 12 months in length and suggested a March 1, 1995 expiration date. Brancel agreed the November 14 date could be stretched out, but stated the March 1 date approaches the 1995 construction season. Stover indicated the effect on the construction season depends upon the stage at which development applications will be. Nielsen explained that most of the applications have received preliminary plat approval or are ready for that stage so the projects could be approved in time for the '95 construction season with the exception of the Lundgren proposal. He noted that the Lundgren proposal includes a request for a Comp Plan amendment, but that may be eliminated by the Plan update. Stover inquired about the status of the Commission's work on the Comp Plan. Nielsen reviewed the work completed to date and noted the Commission is committed to an expedited completion of the update. . Following discussion of the Planning Commission's schedule for completion of the Comprehensive Plan update, the Council agreed the expiration date of the ordinance should be set for no later than March 1, 1995. While generally agreeing with the moratorium and the March 1 expiration, Lewis expressed concern regarding the schedule for completion of the Comp Plan update and timely approval of development applications after the moratorium expires. The Council requested the Commission to report on its progress at each future Council meeting. . Benson moved, Stover seconded to adopt ORDINANCE NO. 295, "An Interim Ordinance Adopting a Moratorium on Review and Approval of Certain Subdivision in the City of Shorewood" with Section 4. Effective Date. to read: This ordinance shall take effect from and after its passage and publication and shall remain in effect until March 1, 1995, unless extended by adoption of resolution on or before that date. Motion passed 3/1. Lewis voted nay. Mr. Terry Forbord, representing Lundgren Bros., stated its application was submitted on March 1, 1994 and because preliminary plat approval takes a minimum of 6 months, construction of the project will be suspended until 1996. He stated that the City did not consider a suggestion by Lundgren Bros. that would allow a waiver from the moratorium for a subdivision found to be in conformance with proposed approved amendments to the Comp Plan. The Council noted its authority to amend the moratorium at its pleasure. B. Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet. Applicant: Joseph Kiser. Location: 21115 Christmas Lane. Lewis moved, Stover seconded to adopt RESOLUTION NO. 94-82, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Joseph Kiser." Motion passed 4/0. C. Motion to Adopt a Resolution Regarding Concept State Plans for Heritage PUD. Applicant: Abingdon Development Corp. Location: South of Edgewood Road approximately 700' east of Howards Point Road. . Nielsen recommended that action on this Resolution be tabled in view of adoption of the moratorium ordinance. REGULAR CITY COUNCIL MINUTES . September 26, 1994 - PAGE 5 . Lewis moved, Benson seconded to table action on a Resolution Approving the Concept Plan for Heritage P.U.D. Motion passed 4/0. D. Motion to Approve a Signage Permit. Applicant: Holiday Convenience Store. Location: Waterford Shopping Center. Nielsen noted the applicant has submitted minimal signage plans for a gas operation which are consistent with those previously approved. Nielsen answered questions regarding the details of the signs, location of the fuel pumps, and proposed fast food (Taco Bell) service. Messrs. Mark Nelson and John Baregi, representing Holiday Companies, explained the station store's signage, fuel dispenser and internal layout and service plans and answered questions regarding various aspects of the store. It was noted that Holiday is leasing the building for its store/station under provisions of a previously approved P.U.D. for the shopping center. During discussion and the question and answer session, the Councilmembers expressed serious concerns regarding the entire proposed Holiday Convenience Store as shown in drawings submitted by the applicant. Issues that were raised included the size, content and placement of signage, fast food service, location and number of fuel pumps, landscaping, lighting, and business hours. . Stover moved, Benson seconded to approve the permit for signage for the Holiday Stationstores, Inc., at the Waterford Shopping Center, excluding the Taco Bell reference on the sign. Motion failed 311. Benson, Brancel and Lewis voted nay. The Council requested the staff to provide information regarding prior approvals for the Waterford Shopping Center for its review and consideration at its next meeting. E. Consideration of a Street Light Request - Brynmawr Place. POSTPONED. 7. MOTION TO APPROVE THE AWARD OF A REVISED RECYCLING CONTRACT Hurm directed the Council's attention to correspondence with Knutson Services, Inc. and a letter of agreement for recycling collection services from E-Z Recycling, Inc. Because of the failure of Knutson to perform pursuant to the terms of its agreement for collection services, the contract has been terminated. Hurm recommended that the Council approve awarding the recycling collection contract to E-Z Recycling for the remainder of the year. He stated the contract will be re-bid this fall for a three year period. Lewis moved, Stover seconded to approve the Agreement for Recycling Collection Services with E-Z Recycling, Inc., St. Paul, MN, for the period September 19, 1994 through December 31, 1994. Motion passed 4/0. 8. SENIOR CITIZEN TASK FORCE REPORT . A. Report on Meeting held 9/20/94 B . Consideration of a Draft Letter to Cities Mr. Robert Gagne, representing the Task Force, introduced other members of the Task Force present and briefly commented on the September 20 meeting. He stated the group is optimistic for . . . REGULAR CITY COUNCIL MINUTES " September 26, 1994 - PAGE 6 a supportive positive response from Shorewood and they felt that adjoining cities will respond favorably to Shorewood's letter requesting their participation for funding. Hurm reported the group reviewed a preliminary revised budget for a community center and an estimate of the building's maintenance costs. In general, the consensus of those present at the meeting was that funds could be raised for construction of a senior/community center within adjacent communities. Hurm reviewed the draft letter prepared on behalf of the Council and noted a change suggested by Stover. He explained that the Council is in good faith proposing that Shorewood contribute 50% of the construction cost ($311,000) and donate the land for a senior/community center to be built in Shorewood. The remainder is expected to be financed through donations and participation by the other cities. Stover moved, Benson seconded to approve the contents of the letter (with the suggested change) outlining Shorewood's position to be sent to adjoining cities with respect to construction of a community/senior center. Motion passed 4/0. On behalf of the Task Force, Mr. Gagne expressed appreciation for the Council's initiative and its support for the endeavor. 9. CONSIDERATION OF A MOTION TO SET MEETING DATES FOR NOVEMBER AND DECEMBER 1994 Benson moved, Stover seconded to set Council meeting dates: November 14; November 29; December 12-Joint Meeting with Planning Commission;' and December 19. Motion passed 4/0. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING A NON-INTOXICATING MALT LIQUOR LICENSE-TWIN CITIES STORES, INC., 24365 SMITHTOWN ROAD During discussion, the Councilmembers concluded that approval of such a license would set a precedent within the City and that the combined sales of gasoline and liquor at the same store may create an incongruous image. Benson moved, Stover seconded to deny approval of a non-intoxicating malt liquor license for Twin Cities Stores, Inc., 24365 Smithtown Road, therefore the Council declined to adopt the Resolution. Motion passed 4/0. Mayor Brancel recessed the meeting at 9:20 p.m. and reconvened at 9:30 p.m. 11. MATTERS FROM THE FLOOR John Costello, newspaper reporter, requested clarification on the Council's authority to take action on agenda item 6.B. given the fact that one Councilmember is absent. Christine Lizee, 27055 Smithtown Road, commended the Council for its action to adopt the moratorium ordinance and praised the Planning Commission for its work related to the Comprehensive Plan update. 12. DISCUSSION ON POLICY ISSUES A. Discussion on Geese Problem . . . .y REGULAR CITY COUNCIL MINUTES September 26, 1994 - PAGE 7 Bill Mason, 27680 Island View Road, described a problem with geese on his property and reviewed efforts to remove the flock using methods recommended by the Department of Natural Resources and the U.S. Department of Agriculture. Failing all other removal attempts, Mr. Mason circulated and described the use of a scare-away launcher recommended and approved by the U.S. Department of Agriculture as a solution to rid an area of geese. The pistol-like launcher uses a cartridge which emits a 15-second noise (popping and screeching). According to an expert, its use is harmless, but the noise is offensive to geese and after approximately 3 days of repeated discharges, the geese stay away. Mr. Mason requests the Council to consider amending its ordinance regarding use of firearms to allow the use of such a device for controlling geese. The Councilmembers discussed the proposed use of the device. It was the consensus of the Council that use of a scare-away launcher was neither appropriate or acceptable in Shorewood, therefore declined to consider an ordinance amendment to allow its use for any purpose in the City. B. 1995 Budget Issues Hurm directed the Council's attention to calculations that show savings of $30,000 through use of the in-house building inspection program rather than a contractual inspection program. In addition, he reviewed the analysis justifying use of part-time seasonal employees which has saved about $20,000 in salary and benefits costs during 1994. 13. ADMINISTRATOR AND STAFF REPORTS Keane reviewed a letter report dated September 23, 1994 outlining the items reviewed, the results of the review and recommendations of Richard I. Voight Jr., the consulting engineer retained by the City to evaluate the suitability of the Metro Council Wastewater Services' (MCWS) - formerly Metropolitan Waste Control Commission (MWCC) - present method and level of billing the City for its services. While sufficient data is not yet available to make a definitive statement regarding the accuracy of the sanitary discharge attributable to Shorewood, Mr. Voight concluded that the discharges attributed to Shorewood appear to be excessive. He recommended a procedure for further evaluation of the situation. Following discussion, the Council concurred with the recommendation for Phase II evaluations of discharges in the Shorewood and MCWS interceptor systems as outlined in Mr. Voight's September 23 letter report. 14. MAYOR AND COUNCILMEMBER REPORTS Stover reported on discussions at an affordable housing conference. 15. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Lewis moved, Benson seconded to adjourn the Council meeting at 10:12 p.m., subject to the approval of claims. Motion passed 4/0. '. . . . . REGULAR CITY COUNCIL MINUTES September 26, 1994 . PAGE 8 RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: