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092595 CC Reg Min ~ ,,", . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, SEPTEMBER 25, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:33 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, City Engineer DeLaForest, City Attorney Keane, Planning Director Nielsen, and Finance Director Rolek. B. Review Agenda Benson moved, McCarty seconded to approve the agenda for September 25, 1995 as presented. Motion passed 5/0. 2 . APPROVAL OF MINUTES A. City Council Regular Minutes - September 11, 1995 . McCarty moved, Malam seconded to approve the September 11, 1995 City Council Regular Meeting Minutes as amended on Page 6, Paragraph 9, Line 1 following Mr. Forbord add "representing Lundgren Bros." and strike "the Minnewashta School"; on Page 6, Paragraph 11, Line 8 replace "Shorewood property taxes" with "taxes levied on Shorewood properties by the Metropolitan Council"; and on Page 7, Paragraph 1, Line 1 replace "form" with "from" . Motion passed 5/0. B . City Council Work Session Minutes - September 11, 1995 Stover moved, Benson seconded to approve the September 11, 1995 City Council Work Session Meeting Minutes as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for September 25, 1995. Malam moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. Motion to Extend the Deadline for Landscaping Conditional Use Permit Approval. Applicant: Roxanne Martin. Location: 5750 Christmas Lake Road. . B. Motion to Set Council Meeting Dates for November and December as November 13, November 29 and December 11, 1995. . . . .' REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 2 4. MATTERS FROM THE FLOOR Renea Dussault, 26365 Noble Road, stated he felt the proposed water tower sites 4 and 5 were too close to the properties on Noble Road. He stated he felt froIl1 a visible standpoint a water tower in those locations would affect his property value and lower the demeanor of the whole neighborhood. He indicated site 7 was more desirable. Mr. Dussault also stated he understood there were 21 homes being built on the Eiden site. This could result in 40 more cars in the neighborhood. He stated there were many children in the neighborhood and he was concerned with the increase in traffic. He asked when the proposed number of homes in that development had increased from 14 to 21. He indicated he was concerned with the small distance between the homes and small frontage on these lots. Mr. Dussault also noted there had been a lot of construction started last year, resulting in a lot of trucks on Noble Road and questioned who was responsible for the damage to the road. Mayor Bean indicated the water tower site was on the agenda and he would postpone discussion of that issue until that point. He noted in regard to the Eiden Development there had been numerous public hearings on this issue over the past two years. This project had utilized the planned unit development process whereby the City has the ability to negotiate how an area is developed. In this case wetland preservation had been a major issue and this pushed the homes to the northwest side of the property. Nielsen indicated the only way the project had grown was some existing lots had been incorporated into the. development. The planned unit development process allows a 10% density increase. This allowed the builder one additional home beyond the zoning requirements. The overall resulting density for the project is 1 home per 40,000 square feet plus 10% allowable increase resulting in an average lot size of 36,000 square feet exclusive of the wetlands. Nielsen stated in every development the City requires a letter of credit for required improvements in the project and this includes damage done to the roadways during construction. Bob Nystrom, 26555 Noble Road, stated the reason he and his family moved to Shorewood was the pristine conditions. Since that time, the Eiden development and Lundgren Bros development have been added to the neighborhood and now a water tower is being proposed. He stated he was not in support of site 4 or 5 for the water tower. He supported site 7 as it would be unobtrusive for all. He also expressed his concern for the amount of traffic which would be added to the neighborhood as a result of the 21 homes in the Eiden development and the damage resulting from the trucks working on that development. Tim Caley, 26505 Noble Road, indicated he shared the concerns of the location of the water tower and the traffic flow due to construction which he was currently witnessing in the Eiden project. He stated he supported locating the water tower at site 7 and asked that attention be paid to the condition of Noble Road. 5. PLANNING - Report by Representative Commissioner Turgeon reviewed the discussions and recommendations made at the Planning Commission's September 19, 1995 meeting. (Details are provided in the minutes of that meeting.) A. Reconsideration of a Dock Issue Associated with Notice to Remove. Appellant: Dave Rice (a.k.a. Michelle Richter). Location: 22740 Murray Street. . . , .' REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 3 Nielsen reported this was a revision to his previous recommendation to approve an extension of the deadline to correct a zoning violation at 22740 Murray Street. Nielsen stated staff is reco:nmending ~pprov~l of the extension wi~h all i~ems being cleaned up within 30 days of the preylOus CouncIl meetm~ an? the dock. sectlons bemg stacked neatly behind the owner's garage untIL June 1, 1996, at which tIme they WIll be removed and not brought back to the site. Stover moved, McCarty seconded to extend a deadline to comply with the zoning violation to October 12, 1995 and that the dock sections be allowed to be stored in a location within the buildable area of the lot until June 1, 1996, for David Rice (a.k.a. Michelle Richter), 22740 Murray Street subject to staff recommendations. Motion passed 5/0. B. Setback VarianceNariance to Structurally Alter a Nonconforming Structure. Applicant: John Hunner. Location: 20625 Radisson Road. Nielsen reported Mr. Hunner owns an existing home at 20625 Radisson Road which does not conform to the setback requirements of the R-IC/S, Single-Family ResidentiallShoreland zoning district. Any alteration to a nonconforming structure requires a variance. Nielsen explained this is the old Radisson Inn boathouse. The walls and foundation of the structure are sound but the roof is creating several problems. Mr. Hunner is proposing to replace the existing flat roof on the house with a gable roof and remove the existing detached garage and replace it with a larger garage which complies with the setback requirements. Nielsen indicated this request will not increase the non-conformity and will make the residence more livable. The proposal can be accomplished without adversely affecting the vegetation on the property. Nielsen indicated staff is recommending approval of the setback variance/variance to structurally alter a non-conforming structure as the overall plan corrects other non-conformities and the lot coverage is reduced by 4% of the current amount. Mr. John Runner, 20625 Radisson Road, stated he has resided in this dwelling for fifteen years. He explained the structure is very sound. Three of the walls are constructed of eighteen inch thick poured concrete and the house is built with post beam construction with a flat roof. He stated he has hired an architect to help him resolve the problems with the roof and to reduce the visual impact to the neighbors. This design is an attempt to preserve some historic value of the old Radisson Inn and make the structure livable. Mayor Bean applauded Mr. Hunner for his efforts on this project and his desire to retain the character of the neighborhood. Malam moved, Stover seconded to direct staff to prepare a findings of fact regarding a setback variance/variance to structurally alter a nonconforming structure for John Hunner, 20625 Radisson Road per staff recommendations. Nielsen noted the Planning Commission had added a condition that there be tree replacement of the one tree which will be removed. Malam amended his motion to include the Planning Commission recommendation. Stover concurred. Motion passed 5/0. c. Conditional Use Permit for Accessory Space in Excess of 1,200 square feet. Applicant: Jim and Julie Simondet. Location: 5390 Shady Hills Road. . . . " REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 4 Nielsen reported the Simondets are requesting a conditional use permit to build a utility shed on the east side of their property which when combined with the existing accessory space will exceed 1,200 square feet. Nielsen indicated the request does meet the four criteria necessary to grant a conditional use permit. He reported the City received correspondence raising concern with Mr. Simondet's hobby of restoring old cars. He reported there were also a number of residents at the Planning Commission meeting who were in favor of the request and felt Mr. Simondet did a nice job of keeping the property clean. The proposed resolution should include language advising the applicant that home occupations require a separate approval. Stover moved, McCarty seconded to direct staff to prepare findings of fact regarding a conditional use permit for accessory space in excess of 1,200 square feet for Jim and Julie Simondet, 5390 Shady Hills Road containing language in regard to home occupations, restricting outdoor storage on the site and subject to staff recommendations. Motion passed 5/0. D. Conditional Use Permit and Variance to Allow Accessory Space in Excess of 1,200 Square Feet/V ariance to Temporarily Allow Two Single-Family Dwellings on One Lot. Applicant: Gerald Grewe. Location: 4550/4560 Enchanted Point. Nielsen reported Mr. Grewe owns the home located at 4550 Enchanted Point and has purchased the home at 4560 Enchanted Point. He intends to combine the two lots, tear both homes down and build a new home. While building, he would like to retain one home which requires a variance for two dwellings on the same lot. Staff is recommending adequate financial guarantee be obtained to ensure the removal of the existing house when the new one is completed. The combined lot will be 98,733 square feet. The property is zoned R-IC/S and requires 20,000 square feet of area. This is a large lot and Mr. Grewe intends to build a large single family dwelling and would like more accessory space than is typically allowed in the R-IC/S area. This would require a conditional use permit. Nielsen explained the request does not meet the criteria for granting a conditional use permit, which requires that the area of accessory space does not exceed ten percent of the minimum lot area for the zoning district. This district would only allow 2,000 square feet of accessory space and Mr. Grewe is proposing 3,975 square feet. Mr. Grewe is requesting a variance for this criteria. Nielsen reported there were a number of issues the Planning Commission considered including the large size of the combined property and that this will decrease the amount of accessory space currently on the two lots. Also the garage is built on two levels and the access doors face different directions so at no angle are both levels visible except the west from which the garages appear to be part of the house. Based on this, the Planning Commission recommended approval on a 4/3 vote. There was discussion of an ordinance amendment but staff suggested it was not appropriate since this was the first request received of this type. Nielsen indicated staff is recommending approval of the conditional use permit, variance to temporarily allow two single- family dwellings on one lot and variance to exceed the 2,000 allowable accessory space in the R- 1 CIS zoning district. Jerry Grewe, 4550 Enchanted Point, stated he felt the home fit the lot size. He stated the present home is closer than 40 feet to the lake shore and this will correct that and eliminate some accessory space on the two properties. All the trees will remain and several neighbors had been present at the Planning Commission meeting to express their support of the project. Bruce Schmidt, Architect, displayed a rendition of the proposal to the residents. Mr. Grewe stated he was agreeable to add a covenant that states that before the property is sub-divided the accessory space will have to come into conformity with the R -1 CIS zoning district requirements. Councilmember Malam noted that when the Planning Commission changed the zoning in this area, it was done to alleviate the problem opposite of Mr. Grewe's, to prevent houses from being built on substandard lots. He liked the fact that this will reduce the accessory space on the two lots. .' REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 5 . Councilmember McCarty agreed, indicating she felt it was a good use of the land and preserved the trees on the site. Councilmember Stover indicated the variance could be specific enough through the conditions to avoid setting a precedent . . Councilmember Benson stated he was a proponent of accessory use and storage space as it removed things from public view. Benson moved, Stover seconded to direct staff to prepare findings fact regarding a conditional use permit and variance to allow accessory space in excess of 1,200 square feet/variance to temporarily allow two single-family dwelling on one lot for Jerry Grewe, 4550/4560 Enchanted Point subject to Planning Commission recommendations, applicant recording a restrictive covenant against the property stating the property cannot be redivided until such time as it is brought into conformity with the City Code, and staff recommendations. Motion passed 5/0. E. Simple Subdivision. Applicant: Alan Krutsch. Location: 25725 Smithtown Road. Nielsen reported Mr. Krutsch had purchased the property at 25725 Smithtown Road. In 1990 the City approved a simple subdivision of the property but it was not recorded by the previous owner and the approval has since expired. Mr. Krutsch is now requesting the same division as was previously approved. The property contains 71,000 square feet of area and will be divided into two lots. One lot will be approximately one acre and the other approximately one and one half acre as to preserve an existing tree on the property. The issues and recommendations made in the previous staff report are still valid. Nielsen reported the only changes are that park dedication fees will now be $750, sewer charges are $1,000 for the new lot and the subdivision is subject to water assessments of $5,000 for each lot (one has already been assessed) and a $5,000 trunk water charge for the new lot. Nielsen indicated staff is recommending approval of the simple subdivision. McCarty moved, Malam seconded to direct staff to prepare a resolution regarding a simple subdivision for Alan Krutsch, 25275 Smithtown Road subject to staff recommendations. Motion passed 5/0. F. Conditional Use Permit and Setback Variance. Applicant: Mark Haymaker. Location: 4300 Enchanted Drive. Nielsen reported Mr. Haymaker has purchased the property at 4300 Enchanted Drive. Since the lot does not comply with the requirements of the R-IC/S zoning district, it requires a conditional use permit to build on it. Mr. Haymaker originally submitted a plan which took into account the setback requirements but did not consider a number of trees on the property. The Planing Commission asked that the site plan be revised in accordance with the Tree Preservation Policy in an attempt to preserve trees on the site and on the site south of his property. In doing so, the house has moved a bit closer to the lake. This does not exceed the average setback of 41-112 feet as determined by the two adjacent homes. Moving the house does preserve a stand of existing oak trees and some pine trees. Nielsen reported there was also some confusion in regard to the location of an easement for a dry fire hydrant and if the easement has been recorded. After further investigation, it has been determined that the dry fire hydrant has not been recorded. The City Attorney is recommending this be included as a condition of approval. The house location will not interfere with the easement. The only change required is that the driveway may have to be shifted a little to the south. Nielsen indicated staff is recommending approval of the conditional use permit and setback variance. . " REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 6 . Mr. Haymaker explained he has tried to go along with the City's recommendations and it is his feeling as well to save the mature trees on the lot. Benson moved, Malam seconded to direct staff to prepare findings of fact regarding a conditional use permit and setback variance for Mark Haymaker, 4300 Enchanted Drive. Motion passed 5/0. G, Consideration of a Modification of Galpin Lane Street Improvement - Zachary Woods. Nielsen reported Brett Sinn has requested the City Council consider a modification to the approved plan for the Zachary Woods project. The Zachary Woods plat was allowed to create two lots which access Galpin Lane subject to the developer widening Galpin Lane to 20 feet for a distance of 190 feet. 20 feet was requested as it is the minimum width of a fire access road, Subsequently, the developer has had discussion with the residents on Galpin Lane and they are concerned that patching on eight feet of road may not match the existing road and they do not want the expense of correcting this. Mr. Sinn is requesting to widen the road for a distance of only 90 feet rather than 190 feet. Nielsen indicated staff is recommending denial of the request as neither the cost nor the aesthetic consideration outweigh the safety aspect and the potential precedent an approval would set. Brett Sinn expressed his concern for the aesthetics, function and purpose of widening the road for 190 feet. He stated the Galpin Lane Association had approached him and asked him to ask the City Council to reduce the length of the required widening to 90 feet. Presently the road has several indents and wide sections for the purpose of cars passing and maintains a private look. The Association would prefer to maintain the look and impression of a private road. They are concerned the additional 100 feet of widening would not make the difference of a house burning or not burning and would open the road up to no longer look like a private drive. . John Blumentritt, 22720 Galpin Lane, indicated there are precious maple trees that will be lost due to the widening of the road and the private, aesthetic character of the road will be affected. He reported the Association is in unanimous agreement that widening the road 90 feet is sufficient and 190 feet is not necessary. In response to Councilmember McCarty, Nielsen indicated fire access is a serious issue in this consideration. If there were a fire, the trucks bringing water to the site could not get past the trucks leaving the site. Councilmember McCarty stated it was the City Council's responsibility to make sure the road was safe. Widening the road for 190 feet was the stipulation when the lots were approved and the Council is not in the position to change that requirement. Mayor Bean questioned the authority of the City Council in this issue due to the fact that this was a private road rather than a public street and also the liability if the Council had the opportunity to require the street be widened and chose not to do so. City Attorney Keane stated the general requirement in regard to fire, life and safety issues is for the City to exercise it's best judgment. It is the City's responsibility to make sure the residents and properties can be accessed by emergency vehicles. Mayor Bean stated the appearance of the road would be affected in the same manner if 90 feet of the road were widened or if 190 feet were widened. . . . . " REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 7 Mr, Blumentritt stated, he agreed. He indicated the ro~d presently functioned well for garbage trucks, UPS and movmg vans. Presently there are portIons of the street which are elongated to allow vehicles to pass other vehicles. Mayor Bean stated it is the City's obligation to meet safety standards whenever the opportunity presents itself. He reiterated that the aesthetic and private aspect of the road will be affected with the widening of 90 feet of the road in the same manner as with widening of 190 feet of the road. . Councilmember Stover noted the approval for this plat was given based on the widening of the road. The approval may not have been given without this condition. When the approval was given, the applicant was aware of the condition and if he did not wish to accept the condition, he should have objected at that time. Councilmember Malam stated it was the Council's intent to take every opportunity to improve substandard roads in the City of Shorewood. He indicated he was not in approval of the revision. Benson moved, McCarty seconded to deny modification of Galpin Lane Street Improvement for Zachary Woods. Motion passed 5/0. 6, CONSIDERATION REGARDING BOULDER BRIDGE AND BADGER FIELD WATER SYSTEM IMPROVEMENT PROJECT A. Presentation by Springsted Regarding FinancingIBonding Recommendations and Consideration of a Motion Providing for Issuance and Sale of $1,920,000 General Obligation Water Revenue Bond, Series 1995, for Improvements to the Water System of the City Bob Thistle, Springsted Inc., recommended the sale date and date of issuance for the City of Shorewood $1,920, 000 General Obligation Water Revenue Bonds, Series 1995A be set for October 23, 1995 at 12:00 p.m. with a report of bids received being presented to the City Council at 7:00 p.m. Benson moved, Malam seconded to adopt RESOLUTION NO. 95-92, "A resolution providing for the issuance and sale of $1,920,000 General Obligation Water Revenue Bonds, Series 1995, for improvements to the water system, of the City of Shorewood." Motion passed 5/0. B. Consideration of Water Tower Site at Minnewashta School and Direct Staff to Negotiate an Agreement with Minnetonka School District Councilmember Stover noted in 1990 when this issue originally came about, there had been much discussion that was not included in the minutes. There was an urgency by the School District to acquire the property from Hennepin County and the City assisted without identifying a location for the water tower site. There was verbal authorization given by the representative of the school district to allow the City of Shorewood to chose the water tower site so long as it would not interfere with the existing school building or the existing homes. Mayor Bean recessed the meeting at 9:29 p.m. and reconvened the meeting at 9:37 p.m. City Engineer DeLaForest explained sites 2, 3, 4, 5 and 7 were all technically feasible which leaves other factors to consider. He explained the estimated costs associated with construction, access for construction, trunk watermain, lighting, access for maintenance, grading and landscaping for each site. It has been determined that site 3 is the least expensive and site 5 is the most expensive. Based on all factors involved, DeLaForest recommended approval of site 7 for the location of the . . . . . REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 8 water tower site. Site 7 is 270 feet away from any existing or proposed homes, which is the further than any other site is from its nearest potential neighboring home. Noble Road residents would be most affected by sites 4 and 5 and the Lundgren development and Skjervold properties would be most affected by sites 2 and 3. The school district staff is in favor of site 7 as it will have the least possible interference to development of their parcel. Kris Skjervold, 5650 Grant Lorenz Road, stated he and his parents would prefer site 7 as it would have less impact on their property. Kevin Sheperd, 26410 Smithtown Road, stated his property would be most affected by site 7. He indicated when he purchased his property two years ago, he was not informed of the potential water tower site location. He questioned why the School Board would desire site 7 rather than site 3, as site 3 is less expensive. Mayor Bean noted site 7 was $23,000 more in total costs than site 3. Councilmember Stover stated the City has had a plan in place for a water tower in this area for Boulder Bridge for many years. Councilmember Benson stated he would rather spend a little more to locate the water tower where it would be least offensive to everyone involved. He stated he would support site 7. Councilmember McCarty stated she liked site 7 as the water tower was closest to the school building and the parking lot. Councilmember Stover indicated she believed site 3 was the location closest to what was originally discussed. She stated she realized the School Board staff has reacted negatively to site 3 but it is the most central location and she would like to save $23,000. City Administrator Hurm reminded Council to consider the shadow of the water tower. Mayor Bean asked if Mr. Forbord could comment on the School Board's feeling in regard to site 3. Terry Forbord, Lundgren Bros., stated he could not comment on the School Board's opinion as he has only met with School Board staff. He stated their concern with site 3 was it would preclude future expansion of their building or athletic fields. Councilmembers Malam, McCarty and Benson indicated they were in support of site 7. Mayor Bean indicated he was in favor of site 3 as he did not see how it would disrupt the whole ballfields and it was $23,000 less expensive. Councilmember Benson stated he wanted to locate the water tower in a location which would be best for everyone but he also wanted to keep costs down so as not to push people onto the system faster. McCarty moved to recommend the water tower be located on site 7 and authorize staff to negotiate an agreement with the school district. Mayor Bean stated site 7 was significantly more visible from Smithtown Road than site 3. The motion .failed for lack of a second. Tim Caley, 26505 Noble Road, expressed his concern for.the safety of the children in the school yard and the proposed ballfields. He indicated he would rather see the water tower in a more accessible area such as close to the parking lot. Mayor Bean indicated there was not a safety issue involved as there was no access to the water tower itself. " REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 9 . Mr. Forbo:d stated h~ did not feel it was fair t~ characterize the School Board as being uncooperative. He stated he felt they have always tned to find a common ground. Site 3 has always been a problem for them and they have tried to find alternatives which would impact the least amount of people. He indicated that is why they have suggested site 7 and he felt this was very proactive on their part. Councilmember Stover clarified that Mr. Forbord was speaking of School Board staff. He indicated he was. Stover moved, Bean seconded to approve site 3 for the location of the water tower with site 7 as the second choice and authorize staff to negotiate an agreement with the School District covering the particulars of tower location, watermain routing, access to the tower, and other pertinent issues and to come back to the City Council before a decision is made. Motion passed 3/2 (Councilmembers Malam and McCarty voted nay). C. Consideration of a Resolution Establishing a Policy Regarding Hookup to the Municipal Water System Councilmember Stover stated she was still not comfortable with setting a deadline for residents to hook -up to the water system. Malam moved, McCarty seconded to adopt RESOLUTION NO 95-93. "A resolution establishing policy regarding hookup to the municipal water system." Motion passed 4/1 (Councilmember Stover voted nay). Councilmember McCarty excused herself from the meeting at 10:46 p.m. . 7. CONSIDERATION OF DEAD END ALTERNATIVES FOR CHRISTlVIAS LAKE ROAD DeLaForest explained the three proposed alternatives for the Christmas Lake Road emergency access road. The road could be left in its existing condition, the breakaway posts could be removed, or a gated access could be installed. The benefit of leaving the road as it exists is there would be no additional costs involved but the concern is maintenance and access for smaller emergency vehicles. Removing the breakaway post would involve removing one of the timber breakaway posts and replacing the concrete curb with a surmountable type of curb and gutter. This would provide access for street maintenance but would still present a problem for smaller emergency access vehicles. A variation of this alternative would be to remove a post at each end of the road, install surmountable curb to allow small vehicle access and signing at each end for emergency vehicles only. Concrete pavers which allow growth of turf through voids could be installed to provide a hard surface while giving a boulevard appearance. Mayor Bean suggested two other alternatives would be to open the street or eliminate the emergency access and make it into a cul-de-sac. Nielsen reported staff had spoken with residents on Brand Circle and they were in favor of the concrete pavers. This would allow public works to maintain the street and access for emergency vehicles. This narrow strip of concrete pavers would create a boulevard affect and could be plowed without damage. Nielsen stated he did not recommend the posts be removed from both ends. . Councilmember Benson suggested laying eight inches of dirt over the street and seeding it. Nielsen indicated this would be terribly difficult to plow and public works would not be able to determine when the road below the dirt required maintenance. f, ..... REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 10 . Dawn Christesen, 6075 Brand Circle, indicated she was not the homeowner but has witnessed the ordeal her parents have been through over the' past eight years. She indicated emergency vehicles do not have access and in the winter the plow can't get in. There are also weeds growing up through the pavement. She stated she was in favor of either concrete pavers or the road being resurfaced. She indicated she would be happy if all posts were removed if it was signed as "no through traffic" with barriers on the other end. She indicated gated access was not acceptable to the homeowners. Rick Dyer, 6070 Brand Circle, suggested Ms. Christesen install shrubs along the property line to deter anyone who would drive through her parents yard. He indicated he had spoken with one of the other two residents and they were in agreement with the removal of the break away post and installation of the surmountable curbs and concrete pavers. Councilmember Stover suggested using only concrete pavers instead of black top. Nielsen explained it would be too expensive to use the pavers for more than a boulevard strip of approximately 12 to 16 feet. DeLaForest explained it would cost $2,000 to construct a 10 foot wide strip behind the curb. Beyond that the black top would have to be patched and sealcoated. Mr. Dyer stated the residents were under the impression that the whole area would be green. He stated part green and part blacktop did not make sense. In light of this, he indicated he would like the blacktop redone and the curbs redone to allow emergency access. There was Council consensus to table this issue to the October 9, 1995 City Council meeting. Mayor Bean recessed the meeting at 11 :36 p.m. and reconvened at 11 :42 p.m. . 8. CONSIDERATION OF A MOTION APPROVING A WATER CONTINGENCY AND CONSERVATION PLAN PROPOSAL BY OSM DeLaForest reported the Minnesota Department of Natural Resources and the Metropolitan Council require that the City of Shorewood submit a water contingency and conservation plan proposal for approval. Malam moved, Stover seconded to direct OSM to prepare a water contingency and conservation plan for the City of Shorewood and that the fee not exceed $6,000. Motion passed 4/0. 9. ADMINISTRATOR AND STAFF REPORTS . A. Report on Status of the Sewer Rate Advisory Task Force Due to the late hour, Hurm postponed his report to the next City Council meeting. Nielsen reported he was a member of the Steering Committee for the Highway 7 Corridor Study which was examining alternatives for Highway 7 from Highway 41 to the City of Hutchinson. He stated Highway 7 is likely to be upgraded to a "super two design". He outlined the proposed changes and asked for any input from Councilmembers, so he can present these at the next scheduled meeting of October 10, 1995. DeLaForest reported construction on the Howards Point Road watermain is scheduled to begin on Monday, October 2. . Keane reported the Johnson condemnation hearing started last week and another half day of hearings is scheduled for October 6, 1995. The matter is before three court appointed .. . . . ... REGULAR CITY COUNCIL MINUTES September 25, 1995 - PAGE 11 commissioners who are directed to make a determination of value and report back to the court within 30 days. The decision becomes a final order and is then appealable to District Court. 10. MA YOR AND CITY COUNCIL REPORTS A. Senior Community Center Work Session 9/13/95 Due to the late hour, this report was postponed to the next City Council meeting. B. Livable Communities Act Meeting 9/20/95 Due to the late hour, this report was postponed to the next City Council meeting. Due to the late hour, there was Council consensus to postpone the scheduled work session to the next City Council meeting. 14. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, Malam seconded to adjourn the City Council meeting at 12: 10 p.m., subject to approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial ATTEST: 2 J"i') <) _~~?Yrd-.(t!A- ROBERT B. BEAN, MAYOR JA