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060997 CC Reg Min . . tt CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JUNE 9, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:31 p.m. and announced the City Council will convene in Executive Session following the regular portion of the meeting to discuss pending litigation with the City Attorney. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown. B. Review Agenda Councilmember Garfunkel requested Item No. 10 be considered after Item No.4. Mayor Dahlberg noted Item No.7 to be a motion rather than a resolution. The agenda was accepted as amended for June 9, 1997. 2 . APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - May 27, 1997 McCarty moved, Garfunkel seconded approving the City Council Regular Meeting Minutes for May 27, 1997, as amended on Page 1, Approval of Agenda, change "as presented" to "as amended;" Item 2A, change "simple" to "simply;" Page 2, Item 5, Paragraph 1, Sentence 2, change "function" to "original function;" Page 3, Paragraph 3, change "marina" to "multiple dock;" Page 6, Item 9, Paragraph 5, Sentence 2, change to read "distasteful if this financing would have to cOJIle;" Page 8, Item 11, Paragraph 3, Sentence 3, change "this area" to "the Amesbury area" and Sentence 4, change to read, "barriers at the Christmas Lake Emergency Access were removed;" Page 9, Paragraph 1, begin new paragraph with "Brown stated. " Motion passed 5/0. 3. MATTERS FROM THE FLOOR - None 4 . PARKS - Report by Representative Councilmember McCarty reported on the actions taken and matters considered by the Park Commission at their park tour and meeting of May 28, 1997, (as detailed in the minutes of that meeting). ** Agenda No. 10 was considered at this time ** 5. PLANNING - Report by Representative Commissioner Turgeon reported on the actions taken and matters considered by the Planning Commission at their meeting of June 3, 1997, (as detailed in the minutes of that meeting). CITY COUNCIL REGULAR MEETING MINUTES JUNE 9, 1997 - PAGE 2 . A. A Motion to Adopt a Resolution Approving a Simple Subdivision/Combination Applicant: Location: Tom Reifenberger and Barb Morford 6130 and 6150 Church Road Councilmember O'Neill asked whether this action would increase the lot size which would then allow the applicants to subdivide their lots. Mr. Reifenberger stated his intention was to provide additional space for each home. Nielsen did not feel the lots were sufficient in size to allow for a subdivision. Stover moved, McCarty seconded adopting RESOLUTION NO. 97-43, "A Resolution Approving a Simple Subdivision/Combination for Tom Reifenberger and Barb Morford, 6130 and 6150 Church Road." Motion passed 5/0. B . A Motion to Adopt a Resolution Approving a Preliminary Plat and Final Plat - Waterford 5th Addition Applicant: Location: Jeffrey Link 5590 Vine Hill Road . Councilmember O'Neill requested an explanation of an outlot. Nielsen stated an outlot is not buildable, but it is a tool which is utilized to set aside a piece of property for various reasons. Wetlands are set aside as outlots. In addition, outlots are sometimes used to set aside property for future development. In referring to the Waterford property, outlots were used for this purpose on three different occasions. Mayor Dahlberg inquired whether this action will alter the PUD in any way. Nielsen stated if anything, it would lessen the PUD. Mr. Link was present and stated his interest is in maintaining the lot as natural as possible. Mayor Dahlberg inquired whether the lot would be subdividable in the future given the placement of the home. Nielsen felt it would be possible to split the property into two pieces if a cul-de-sac were added, however, he felt placement of the home on the property would make a subdivision difficult. O'Neill moved, Stover seconded adopting RESOLUTION NO. 97 -44, "A Resolution Approving a Preliminary Plat and Final Plat - Waterford 5th Addition for Jeffrey Link, 5590 Vine Hill Road." Motion passed 5/0. C. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet Applicant: Location: James Bruce 20445 Radisson Road Nielsen noted there is an easement for a driveway across the neighboring property belonging to the Larsons. He noted it will be necessary to obtain a Use and Maintenance Agreement relative to the driveway. . McCarty moved, Stover seconded adopting RESOLUTION NO. 97 -45, "A Resolution Approving a Conditional Use Permit for Accessory Space in Excess 0 f 1,200 Square Feet for James Bruce, 20445 Radisson Road." Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 9, 1997 - PAGE 3 D . A Motion to Adopt a Resolution Approving a Simple Subdivision Applicant: Location: Ron Hume 25040 Yellowstone Trail Mayor Dahlberg noted part of the resolution assesses Mr. Hume for water. The amendment to the ordinance which was passed would not assess Mr. Hume for water since it is not available to him. Stover moved, McCarty seconded adopting RESOLUTION NO. 97 -46, "A Resolution Approving a Simple Subdivision for Ron Hume, 25040 Yellowstone Trail." Motion passed 5/0. E. A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet Applicant: Location: Ron Hume 25040 Yellowstone Trail Stover moved, McCarty seconded adopting RESOLUTION NO. 97-47, "A Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet for Ron Hume, 25040 Yellowstone Trail." Motion passed 5/0. F. A Motion to Adopt a Resolution Requesting that MNDOT Condemn Property Property Owner: Peter Lehman Location: 21285 Radisson Road Councilmember Stover commented had the City been able to negotiate for the north use of the highway, which would have straightened the curve and resulted in some benefits, then this would not have been in question since MNDOT would not have been this far south so as to affect this property at all. She felt it to be important to carry on with what was being discussed at the time which was to protect the citizens as much as possible. Councilmember O'Neill inquired whether there would be trees planted as a buffer. Nielsen stated Mr. Lehman has proposed a berm of landscaping. Mr. Lehman was present and was in favor of this condemnation of the property. He has always wanted MNDOT to remove the structure and incorporate the land back into his primary residence which is adjacent to this property. Stover moved, McCarty seconded adopting RESOLUTION NO. 97-48, "A Resolution Requesting that MNDOT Condemn Property of Peter Lehman, 21285 Radisson Road." Motion passed 5/0. 6. CONSIDERATION OF A MOTION TO ACCEPT QUOTES FOR THE FREEMAN PARK PICNIC SHELTER AND ACCEPT PLANS Councilmember Stover felt this to be a good plan, however she noted there was no contingency funding and inquired if the project were to exceed $25,000 where the funds would be obtained. Brown stated Public Works will be completing some of the work which will reduce the cost. Hurm stated any overage would come out of the Park Fund. 2 l\c y( V\ CITY COUNCIL REGULAR MEETING MINUTES JUNE 9, 1997 - PAGE 4 . Councilmember O'Neill inquired relative to reserving the picnic shelter. Brown explained there will be a sign directing anyone wishing to reserve the shelter to contact City Hall. Administrator Hurm stated this matter will be further discussed in light of some discussions that there will be a fee for reserving the shelter, however, there would not be a fee for use of the shelter. Brown stated part of the fee is intended to cover the cost of additional clean up and garbage facilities which are necessary for special events. Hurm pointed out the Park Commission reviews the fees annually. Councilmember O'Neill was not in favor of charging the residents for the use of the parks. McCarty moved, Stover seconded accepting quotes for the Freeman Park Picnic Shelter and accepting plans. Motion passed 5/0. 7. CONSIDERATION OF A MOTION AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES WITH WSB & ASSOCIATES, INC. . Brown explained this agreement is not intended to replace the consulting engineer, but to supplement the inspection services. Councilmember Stover felt this to be a good idea because it achieves the City's intention to supervise projects and receive reports relative to the projects as they progress. Stover moved, Garfunkel seconded authorizing the Mayor and City Administrator to Enter into an Agreement for Professional Engineering Services with WSB & Associates, Inc. Motion passed 5/0. 8. CONSIDERA TION OF A MOTION TO AUTHORIZE CHANGES TO THE CONSTRUCTION CONTRACT FOR THE SOUTHSHORE SENIOR COMMUNITY CENTER - CHANGE ORDER NO. 3 Garfunkel moved, Dahlberg seconded authorizing changes to the Construction Contract for the Southshore Senior Community Center - Change Order No.3. Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION FOR THE EXTENSION OF W A TERMAIN, DECLARING ADEQUACY AND AUTHORIZING THE PREPARATION OF A FEASIBILITY STUDY Administrator Hurm commented Item No.2 of the resolution should read, "That the City Engineer be authorized to prepare a feasibility report on the petitioned project and report back to City Council. " Mr. Bill Wicka was present and indicated this matter was initially discussed approximately one year ago. He noted all of the concerned property owners are in agreement they do want to connect to municipal water. . Mayor Dahlberg felt the issue of water quality should be discussed with the engineer. Mr. Wicka stated he spoke with Munitech personnel and noted this connection to municipal water will greatly reduce the iron content of his water compared to the water he is currently receiving from his well. CITY COUNCIL REGULAR MEETING MINUTES JUNE 9, 1997 - PAGE 5 . Mayor Dahlberg noted there is a policy tentatively adopted which encourages 100 percent participation. He noted this to be the case with this particular request. Councilmember O'Neill stated he would not have a problem with that. Councilmember O'Neill asked who would be responsible for the cost of the feasibility study. Brown explained that generally the petitioners would pay for this, however, in this instance, discussions actually began during the south link project. When the easement agreements fell through, the City did not pursue this matter. Brown explained most of the options have been presented at this time and costs are expected to be minimal. Councilmember Stover stated the Council is at the point of discussing assessment fees which range from a flat fee of $5,000 to dividing the cost, whatever it may be. She urged Mr. Wicka to be aware of the cost which will be set out in the feasibility report. Brown explained a 4 to 6-inch lateral main will be used since one of the benefits of this request is the existence of a hydrant in this area, given the distance of the homes from Smithtown Road. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-49, "A Resolution Accepting a Petition for the Extension of Watermain, Declaring Adequacy and Authorizing the Preparation of a Feasibility Study." Motion passed 5/0. Mr. Wicka inquired how quickly water could be made available. Brown felt municipal water could be available by fall of this year. . Councilmember O'Neill pointed out two of the properties have already been assessed. He noted there will be a work session on June 16 to further discuss the matter of municipal water. Mr. Wicka stated he understands there may be some additional costs, however, he would like to be able to connect to municipal water. 10. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE AMENDMENT TO SECTION 903 REGARDING WATER USE AND SERVICE AND SECTION 1300 REGARDING MUNICIPAL FEES Attorney Dean explained the proposed change deals with a component of the assessment process which is referred to as a trunk charge. Earlier in the year, the Council felt that a policy should be adopted in which trunk charges from that time on would not be imposed on parcels which did not have trunk sewer line service available and would not have it in the foreseeable future. The Council then directed staff to prepare an ordinance which would accomplish that objective. In addition to that change, several others were required and are included in the ordinance amendment. Garfunkel moved, O'Neill seconded adopting an Ordinance Amendment to Section 903 Regarding Water Use and Service and Section 1300 Regarding Municipal Fees. Motion passed 5/0. ** Agenda Item 5 was considered at this time. ** . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 9, 1997 - PAGE 6 . 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BID FOR SHADY ISLAND BRIDGE Paul Hornby and Bob Kilgore of OSM Engineering were present. Brown noted there are some issues which need to be discussed with residents of the island. The members of the homeowners association have suggested a meeting on June 12, 1997. Mayor Dahlberg and Councilmember McCarty felt it would be helpful to hold the meeting at the site. Mr. Hornby briefly reviewed the plans and specifications of the proposed bridge structure. Councilmember O'Neill asked how the design will affect costs in the future. Brown explained the shop drawing is reviewed as a part of the bidding package. Councilmember O'Neill inquired how much the retaining walls will add to the cost of the bridge. Mr. Hornby explained it would add approximately $33,000. Councilmember O'Neill noted this cost is incurred due to the mitigation requirements of the Watershed District. Administrator Hurm noted the delay which is associated with the Watershed District has also increased the cost of the bridge. Brown explained the bridge will be built in halves which will allow for traffic to continue on one side of the bridge. School busses will be able to utilize the bridge, however, the school district will be encouraged to utilize a mini-bus during the time of construction. . Stover moved, McCarty seconded adopting RESOLUTION NO. 97-50, "A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bid for Shady Island Bridge." Motion passed 5/0. 12. ADMINISTRATOR & STAFF REPORTS Staff Report on Development Monitoring Nielsen reported he met with representatives of the Eureka Road Neighborhood Association relative to Watten Ponds to address concerns relative to tree preservation and wetland protection measures. He stated these issues have been resolved and the developer will be directed to move some dirt away from some trees which are to be protected. The Association will be asked for input relative to mitigation of the ponding area. The mitigation area is in the main basin adjoining Eureka Road. The old driveway and a spoil pile in the wetland are to be removed. There is some question how effective this will be and whether it meets current Watershed District policy and whether this is something the residents actually want to have happen, since it will require the removal of additional trees. Nielsen noted in speaking with some of the residents, they would prefer to leave the wetland in its current state rather than have additional tree removal. The Watershed District will be contacted relative to this matter. Brown reported the City of Victoria has expressed an interest in continuing to purchase water from the City of Shorewood in light of the problems they are experiencing with the north well station. . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 9, 1997 - PAGE 7 . Councilmember Stover inquired whether the issue of children having access to the roof of the Senior Center has been addressed. Brown stated creative landscaping as well as a fence is currently being considered to resolve this issue. Councilmember O'Neill felt this matter had been discussed and resolved by the previous Council. Brown stated he will review the prior records relative to this. Councilmember Stover inquired whether this would delay completion of the project and Brown assured it would not. Brown reported on the meeting with the bonding company and believes the contractor is now motivated to complete the project. . . 13. MA YOR & CITY COUNCIL REPORTS Report on Meeting with Waterford Residents Mayor reported the area of concern which was raised was speed on Covington and Old Market Road. It was suggested a speed bump be located in this area in an effort to slow down the traffic despite the 25 mile per hour speed limit which is posted in this area. It is the belief of the residents that traffic actually progresses at a much higher rate of speed. Brown felt the most effective method of slowing traffic in the area would be stricter enforcement. Councilmembers Stover and McCarty noted speed bumps had been considered in the past, however, there have been liability issues in connection with them. Councilmember McCarty also felt this would result in an outpour of requests for similar speed bumps in other neighborhoods in Shorewood. Councilmember Garfunkel stated he would like to see some documentation of the speed and traffic counts in the area. Councilmember O'Neill felt traffic and speed to be increased in this area, however, enforcement would be a more effective way of dealing with this problem. Councilmember Stover inquired whether there would be documentation relative to where the officers are working. Hurm stated he could make this information available. Mayor Dahlberg suggested staff review this matter and report back to the Council. Councilmember O'Neill requested information relative to traffic enforcement in Shorewood by officers other than the Shorewood officer. The neighborhood also raised questions relative to development on the Johnson property. They were in favor of the area being modestly developed. One member of the neighborhood expressed a desire for a restaurant in the shopping center, however, they were not in favor of changing the PUD. 14. ADJOURNMENT McCarty moved, Stover seconded to adjourn the Regular City Council Meeting to an Executive Session at 9:34 p.m. subject to the approval of claims. Motion passed 5/0. .. ' J . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 9, 1997 - PAGE 8 . RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: , t~ / ' !) ," , .JY1 11\-- S C~WRM; ITYADMINISTRATOR ( . . YOR