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070896 CC Reg Min . . . ,~..., CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JULY 8, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty (arrived at 8:04 p.m.), Shaw, Stover; City Administrator Hurm; City Attorney Keane and Engineer Larry Brown. B. Review Agenda Benson moved, Stover seconded to approve the agenda for July 8, 1996, as amended, Items 2A and 2B to read June 24, 1996, rather than May 24, 1996. Consent Agenda Item 3B will be considered as a separate issue and Item No. 7 will be addressed after Item No. lIB. Motion passed 4/0. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes June 24, 1996 Shaw moved, Stover seconded to approve the City Council Regular Meeting Minutes of June 24, 1996, as amended on Page 3, Item B, Paragraph 5, Line 1 change "beaming" to read "berming"; Motion passed 4/0. B. City Council Work Session Meeting Minutes June 24, 1996 Benson moved, Shaw seconded to approve the City Council Work Session Meeting Minutes of June 24, 1996, as amended on Page 2, Paragraph 2, Line 1 change "liabilities" to "liability"; Page 2, Paragraph 6, Line 1 change to read "of the bridge"; Page 1, Item 2, Paragraph 2, Line 4, change to read "and changing the elevation of the bridge." Motion passed 4/0. 3A. CONSENT AGENDA Mayor Bean read the Consent Agenda for July 8, 1996. Stover moved, Benson seconded to approve the Motion on the Consent Agenda and to adopt the Resolution therein: A Motion to Approve Revised Receptionist/Secretary Job Description Motion passed 4/0. . . REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 2 . 3B. A Motion to Approve a Sign Permit Applicant: Lawrence Sign on Behalf of Total Gas Station (formerly ICO Station) 5680 Manitou Road Location: Benson moved, Stover seconded to approve a sign permit for Lawrence Sign on behalf of Total Gas Station (formerly ICO Station), 5680 Manitou Road, subject to the lease not being renewed and the billboard being removed upon expiration of the lease. Motion passed, 4/0. 4. MATTERS FROM THE FLOOR - None. 5 . PARKS - Report by Representative A. Report on June 25 Park Commission Meeting B. A Motion to Authorize a Contribution to the Shorewood Parks Foundation to Assist in the Purchase of Playground Equipment for Badger Park . Hurm briefly reviewed the action of the Park Commission with regard to the replacement of playground equipment at Badger Park (as detailed in the minutes of that meeting). Hurm explained $18,500 had been budgeted for this equipment and it is the recommendation of the Park Commission that City Council accept the proposed plan by Minnesota Playground. Councilmember Stover inquired as to the molded-in graphic sign panel. Hurm explained the Park Commission feels it is important to have recognition posted acknowledging the contribution of the equipment by various donors and one panel in each of the various pieces of equipment would have a graphic sign attached. Benson moved, Stover seconded to accept the bid from Minnesota Playground for Game Time equipment for Badger Park in an amount not to exceed $18,500 and authorize the transfer of funds. Motion passed 3/0. Shaw abstained due to his membership on the Shorewood Parks Foundation Board. 6. PLANNING - Report by Representative Commissioner Turgeon reviewed the matters considered and actions taken by the Planning Commission at the July 2, 1996 meeting (as detailed in the minutes of that meeting). 7. PRESENTATION OF SNOWMOBILE TASK FORCE FINAL REPORT Co-Chairs Bill Colopoulos and Virginia Kolstad presented the Final Report of the Snowmobile Task Force. Co-chair Colopoulos expressed appreciation to Judy Marshik, Facilitator, City Staff, Police Chief Young and the Police Force, Task Force Members, Advisory Members and Alternates for their time and commitment to this project. Co-chair Kolstad provided an overview of the Final Report. She further provided a summary of the information gathering and decision making process including the identification of the policy areas, identification of questions and issues to be addressed, the gathering of data, the evaluation of data and review of alternative solutions in addition to recommendations. . . . . 1/f- " REGULAR CITY COUNCIL MINUTES JUL Y 8, 1996 - PAGE 3 Co-chair Colopoulos reviewed the key data which was considered including the survey, City research report, agency reports, police complaint analysis as well as trail walks which were taken by the Task Force members. Recommendations which the Task Force suggests for implementation were identified in the areas of safety, enforcement, education, signs, ordinance, areas of further follow up and study in addition to accountability and oversight. Co-chair Kolstad pointed out the City could lose Grant- in-Aid funding in allowing a multi-use trail. Co-chair Kolstad stated the Task Force encourages the City Council to take action and put into effect the programs as outlined and establish accountability for their implementation and monitoring. If it is determined the City cannot bear the economic cost of these programs, the Council will have two other alternatives which would be to ban snowmobiles from the regional trail or to ban them from Shorewood entirely. Councilmember Benson suggested a date be set in the near future for a study session for Council to discuss the Snowmobile Task Force Report. Benson thanked the Task Force and the Co-chairs for their time and effort in studying this issue. Councilmember McCarty expressed appreciation that the minority opinions were included in the report for Council review. Hurm offered to review the informational binders of the Task Force with any of the Councilmembers interested. Councilmember Stover suggested a work session to review the data. Mayor Bean asked if the proposal to use separate trails had been explored with the LRT. Co-chair Kolstad stated the LRT had not been consulted, however, Dell Miller of Hennepin Parks felt this plan could work. Hurm explained he had consulted with the LRT and was informed there would be an approval process, however, this proposal could be considered. Hurm pointed out the contractual agreement would be with the railroad authority. Mayor Bean commended the Snowmobile Task Force for their work on this issue stating that the report which was submitted far exceeds any anticipation he had had and noted the level of recommendation to be exceptional. He further commented the Task Force should be proud of the effort that went into this project regardless of the conclusion reached. Mayor Bean expressed appreciation to the citizens who were willing to voluntarily commit their time to participate in this project. He noted an outstanding job had been done in bringing a document of this nature to the Council and he assured the Task Force of the Council's willingness to put in the additional time necessary to consider the recommendations of the Task Force and arrive at specific action plans. This will allow the City the ability to prioritize financial and staff resources. Co-chair Colopoulos credited Co-chair Kolstad for the enormous amount of work she performed as well as her time and dedication to the project. Co-chair Kolstad thanked the City Council on behalf of the Task Force for their comments. Woody Love, 5460 Teal Circle, inquired if a public hearing would be held with regard to any changes made to the ordinance with regard to snowmobiling. Mayor Bean explained policy and/or ordinance changes would become a public discussion and not necessarily a public hearing. Mr. Love was encouraged to put his concerns in writing to the Council. Mayor Bean further explained various ordinance changes could be referred back to Planning or Park Commissions for their recommendations and would then come back to the Council for their approval. Mr. Love expressed his belief the issue of snowmobiles does not come down to a ban, but rather to effectively regulate them. He felt enforcement would be one of the key issues. Mr. Love further stated he was hopeful the survey which had been circulated would not be the residents' only opportunity to address these issues. , , . - REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 4 . 8. PROJECT 95-14, EUREKA ROAD WATERMAIN IMPROVEMENTS AND PROJECT 95-15, SMITHTOWN ROAD (SOUTHERN LINK) WATERMAIN IMPROVEMENTS A. A Motion to Adopt a Resolution Accepting Bids and A warding Contract for Project 95-14, Eureka Road Watermain Improvements and Project 95-15, Smithtown Road (Southern Link) Watermain Improvements City Engineer Larry Brown reviewed the matter in detail. Mayor Bean inquired if performance clauses with respect to deadlines and restoration had been included. Brown commented mailboxes had been an issue in the past and that a liquidated damage for not replacing mailboxes the same day they are damaged had been included. He added commitments regarding prevailing wages had also been included. Benson moved, Shaw seconded, adopting RESOLUTION NO. 96-60, "A Resolution accepting bids and awarding contract for Project 95-14, Eureka Road Watermain Improvements and Project 95-15, Smithtown Road (Southern Link) Watermain Improvements." Motion passed 3/1, Stover was the dissenting vote. . B. Engineer's Report on Meeting with Smithtown Road (Southern Link) Area Residents Interested in Municipal Water City Engineer Brown informed the Council that City Staff met on June 26, 1996, with homeowners who had expressed an interest in municipal water. Due to the configuration of the properties, it would be necessary to obtain easements from neighbors to make various hook-ups possible. City Staff consulted with City Attorney Keane and then recommended a petition which would allow the City to do the improvements and also waive their right to a public hearing for the $5,000 assessment. At that point, Staff would determined which property owners would be willing to negotiate with their neighbors in an effort to work out an easement. Brown stated the six homes to the north are either neutral or in favor of municipal water. The homes to the south appear to be opposed to bringing the watermain into that area. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BIDS AND A WARDING CONTRACT FOR PROJECT 95-16, SMITHTOWN ROAD (EASTERN LINK) W A TERMAIN IMPROVEMENTS City Engineer Brown reviewed the matter in detail. Mayor Bean asked if clauses with respect to time limits and restoration had been included in the bid. Brown explained those provisions were contained in all of the capital improvement projects for this year. With respect to the 66-foot right-of-way, Staff recommends sending out a letter asking residents if they are contesting that right-of-way. If City does not have a dedicated right-of-way, the City will meet with the residents to resolve the matter. If an agreement cannot be reached, the City will be forced to add a curb stop box at the edge of the pavement. In the event a resident chooses to hook into the curb stop box after construction, they will be required to pay for the restoration of Smithtown Road. . Councilmember Stover inquired when the construction would take place and how much time the property owners would have to debate the easements. She expressed a concern the construction would have occurred before it was possible for the property owner to make a decision. Brown explained the mainline pipe is generally installed first which would take approximately two months. Stover asked how long it would take to acquire an easement with a willing property f. REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 5 . owner. City Attorney Keane stated this could happen in a very short period of time such as overnight. Mayor Bean point out the City will not presume street right-of-way, but will have it delineated by plat or easements obtained. The City will not take adverse possession. Councilmember Stover expressed concern the residents receiving the letter be allowed sufficient time to respond. Mayor Bean directed staff to prepare the letter in final form to be reviewed by the City Council by the July 22, 1996 meeting. McCarty moved, Benson seconded adopting RESOLUTION NO. Resolution Accepting Bids and Awarding Contract for Project 95-16, Road (Eastern Link) Watermain Improvements." Motion passed 4/l. the dissenting vote. A resident inquired how the Council could accept a bid for something the residents do not want. He expressed his belief that residents had not been consulted regarding this decision. Mayor Bean explained this issue had been discussed in depth at numerous public hearings and neighborhood meetings which had taken place. 96-61, "A Smith town Stover was 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR PROJECT 95-17, STRA WBERRY LANE IMPROVEMENTS . City Engineer Brown addressed this matter in detail stating due to the lack of approval by the Minnehaha Creek Watershed District, Staff recommends rejection of the bids and that the project be bid again in January or February of 1997. McCarty moved, Stover seconded adopting RESOLUTION NO. 96-62, "A Resolution Rejecting Bids for Project 95-17, Strawberry Lane Improvements." Motion passed 5/0. Councilmember McCarty suggested a work session to discuss hook up policy. Mayor Bean stated this would be on the agenda within the next month or two. 11. PROJECT 95-19, SHADY ISLAND BRIDGE IMPROVEMENT A. A Motion to Adopt a Resolution Accepting the Feasibility Report and Authorizing Preparation of Plans and Specifications for Project 95-19, Shady Island Bridge Improvement A Feasibility Study with respect to the Shady Island Bridge Replacement, City Project No. 95-19, was presented by Paul Hornby and Bob Kilgore of OSM. City Engineer Larry Brown reviewed the matter in detail. Mr. Delaney had raised concerns with respect to maintaining access to the back of his yard versus the proposed guard rail. Brown assured Mr. Delaney this issue would be addressed as part of the design process with respect to conceptual design and cost feasibility. Mayor Bean asked what would be disturbed within the right-of-way. Hornby stated the trees immediately adjacent to the structure would need to be removed. In addition, possibly half of the Russian olive tree on the Delaney side of the bridge would be lost to trimming. Mayor Bean . . . . . ". REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 6 inquired if the tree could be moved, however, Hornby stated due to its age and its location on the waterbed, it would be preferable to leave the tree and address the problem with pruning, Brown explained if a guard rail were installed, the Delaneys could maintain their trees, however, access would need to be provided to their rear yard, If there is no guard rail, then a traversable slope would be required. Mayor Bean inquired if the Delaneys had any input regarding the saving of trees versus a guard rail. Mr. Delaney stated he would be in favor of losing a few of the trees, however he would like to see the addition of some type of bushes, Brown stated the City will work with the Delaneys to reach an agreement on potential plantings, Councilmember Benson asked if the Delaneys were in favor of the addition of some plantings with no guard rail which would allow access to the Delaneys' rear yard, The new guard rail would be 40 feet long and would be moved resulting in the guard rail extending approximately 10 additional feet Mr, Delaney stated he would be in agreement with this. Hornby stated the DNR has an issue with watershed and the fIlling of any protected water would need to be mitigated, Any area of a protected wetland that is filled would need to be replaced at a 1: 1 ratio. Councilmember McCarty asked about the legal ramifications of building a bridge which does not meet standards, Attorney Keane explained there is a standard articulated by the Minnesota State Aid and there is also the opinion of an engineer that the structure is a hazard to the public, He expressed his opinion the City has attempted to strike a balance between the Minnesota State Aid Standard, which is not a requirement, and a standard which satisfies the professional engineers in terms of providing an adequate structure which is safe for the public, Mr, Keane further explained the structure is wider and exceeds the minimum requirement for emergency, fire and vehicle access and some of the vertical changes in grade will make it a safer structure. Kilgore stated while the proposed structure is an improvement over the current bridge, it does not meet current design or engineering standards at the proposed width, In comparison to a normal new project, this proposal is considerably substandard, Mayor Bean expressed his opinion the City is walking a very fine line trying to minimize the impact both to the residential area and to the preservation of the shoreline, wetlands, lake, and spawning areas, Councilmember McCarty stated she would be in favor of the bridge if the City could be protected in the case of a fatal accident. Mayor Bean stated that would be a concern and it would need to be a conscious decision that the City would be at risk, however there is perhaps a higher likelihood the City could be dealing with a medical or fire hazard on the island which would require a response and anything built less than the standard 20 feet would be a compromise, Councilmember Stover stated if this issue were approached as a variance and the Council were to pass a resolution, she would suggest enumerating the reasons why this decision was made noting the City Council consciously debated this issue and it was not made in an arbitrary and capricious manner, Councilmember McCarty asked if OSM would be at risk in the event of a lawsuit Brown commented City Staff could draft a letter stating the City has made the decision to build this structure for the reasons enumerated and has directed OSM to construct this bridge, ~~ REGULAR CITY COUNCIL MINUTES JULY 8, 1996 - PAGE 7 . Councilmember Shaw asked City Attorney Keane for his input. Attorney Keane stated he would not agree to a hold harmless or indemnification letter. Councilmember Shaw felt it would be imprudent and unreasonable to build a 30-foot wide bridge for the limited number of cars which travel the area. He felt it would be reasonable and prudent for the Council to make the decision to build a 20-foot wide bridge on the basis of traffic load and the residents' needs in the area. Attorney Keane stated in cases of a casualty and fault is being sought, the starting point would be with negligence. Mr. Keane stated there is a history of a narrower structure for the past 40 years and past accidents in this area would also be taken into consideration when meeting the reasonableness standard. Shaw moved, Stover seconded adopting RESOLUTION NO. 96-63, "A Resolution Accepting the Feasibility Report and Authorizing Preparation of Plans and Specifications for Project 95-19, Shady Island Bridge Improvement." Motion passed 5/0. Councilmember Benson asked if there would be an advantage to having steel incorporated with timber in the construction of the bridge, however, Kilgore stated it would be a disadvantage and straight timber, Alternate No.1, would be his recommendation. Shaw moved, Benson seconded to accept Alternative No. 1 for an all timber structure. Motion passed 5/0. B. Engineer's Report on Interim Safety Measures on Shady Island Bridge and a Motion to Adopt a Resolution Authorizing Expenditure of Funds for Emergency Repairs. . Stover moved, McCarty seconded adopting RESOLUTION NO. 96-64, "A Resolution Authorizing Expenditure of Funds for Emergency Repairs to the Shady Island Bridge." Motion passed 5/0. Mayor Bean recessed the meeting at 9:25 p.m. and reconvened the meeting at 9:32 p.m. 12. CONSIDERATION OF ADDITIONAL POLICE PATROL HOURS Mayor Bean reviewed the matter and stated it would need to be addressed before the meeting of the Coordinating Committee on the 17th of July. Councilmembers McCarty and Benson questioned whether more hours are needed. Benson noted Shorewood has a dedicated police officer at the present time and does not feel additional hours are necessary. Councilmember Stover stated patrolling should be done to the degree the police department feels it is necessary. They go where they feel they are needed and they are the best judge of where they need to be. She further commented this has been successful and she does not want to see the Council telling the Police Chief how to utilize the officers. Councilmember Shaw voiced his agreement with Stover stating the police department is a professional force and he has confidence in the Police Chief and his experience and expertise. It was the consensus of the Council not to add additional police patrol hours. . 13. ADMINISTRATOR & STAFF REPORTS . . . PI ' ,\"\ REGULAR CITY COUNCIL MINUTES JULY 8, 1996 . PAGE 8 A. Status Report of Street Lighting at Brynmawr City Engineer Brown stated the six month period will now begin as the new lighting fixtures are in place, energized and in working order. Brown reported he has received comments with regard to rusty water which is due to not having the water tower on line for the Boulder Bridge system. In addition, there was a power outage at the W oodhaven well so it is anticipated the City will receive complaints of rusty water as well as low water pressure. High demand periods combined with low pressure will result in a higher iron content in the water. These occurrences should be eliminated when the new water tower is on line. B. Second Quarter Report on Status of Budget Objectives City Administrator Hurm informed the Council the Mid Year Status Report is in their packet, the objectives which were established for the 1996 budget as well as the issues the Council prioritized earlier in the year. The report also indicates the status of each of the issues. 14. MA YOR & CITY COUNCIL REPORTS Acknowledgment of Work Done by HomePage Development Group Mayor Bean recognized that Shorewood now has a HomePage on the Wodd Wide Web which is a great source from which to obtain information regarding the City and upcoming agendas. Mayor Bean expressed appreciation to the five Shorewood residents, Adam Serdar, Phil Zumsteg, Bill Bergdorf, Cyd Bergdorf and Craig Bergdorf, who contributed to this project, volunteering their time and knowledge. Hurm stated they continue to assist City Staff in improving the site. Mayor Bean also noted there is an interconnection to the Minnetonka High School HomePage which lists a cross reference to Shorewood. The Home Page also links to other governmental agencies. 15. ADJOURNMENT Shaw moved, McCarty seconded to adjourn the City Council meeting at 11: 08 p.m. subject to payment of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ~ ,,) ~') .' ....,. " -",: .",., _,J ::1 ~t:' '~l~-l,Mll-- ROBERT B. BEAN, MAYOR JAMES C. HURM, CITY ADMINISTRATOR