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071497 CC Reg Min . . . '1 f.... CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 14, 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 7:34 p.m. and announced the City Council will convene in Work Session format upon adjournment of the regular meeting. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown. B. Review Agenda MayorDahlberg noted the addition of Agenda Item 2D to consider the June 16, 1997, Work Session Minutes from the Watten Ponds Development Site. Engineer Brown requested Agenda Item No.7, be modified to "Consideration of a Motion to Adopt a Resolution Accepting Feasibility Report for the South Link Lateral Extension". The agenda was accepted as amended for July 14, 1997. 2 . APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes - June 16, 1997 O'Neill moved, Garfunkel seconded approving the City Council Work Session Meeting Minutes for June 16, 1997, as amended on Page 3, Paragraph 2, change Sentence 2 to read, "Mayor Dahlberg believed this was a clear cut policy;" Page 4, Item 3, change Sentence 2 to read, "The residents expressed an interest in designing a bridge as a surrogate speed bump." Page 5, Paragraph 2, Sentence 3, change to read, "10 mile per hour speed limit design"; Page 6, Paragraph 5, change to read, "The consensus of four members of the Council;" and add, "Mayor Dahlberg believed the liability issue did not necessarily prohibit alternative designs." Motion passed 5/0. B . City Council Regular Meeting Minutes - June 23, 1997 Stover moved, McCarty seconded approving the City Council Regular Meeting Minutes for June 23, 1997, as amended on Page 3, Item SA, Paragraph 3, Sentence 5, change "pointed out" to "asked if"; Page 4, Paragraph 7, change to read, "Mayor Dahlberg expressed concern that the violations raised could be observed by staff on a 10-minute drive through of the development." Paragraph 10, Sentence 1, change to read, "Mayor Dahlberg commented that the City is only questioning 1 of the 17 violations which were raised." Page 5, Paragraph 1, Sentence 1, change "stating" to "stated"; Item B, Paragraph 1, Sentence 3, add "of the land." Paragraph 5, Sentence 3, change "with" to "without"; Paragraph 6, change "Greenhaven" to "Deephaven"; Page 6, Paragraph 1, change to read, "Councilmember O'Neill noted he has requested staff obtain a report from Chief Young relative to the amount of time Officer Keller spends patrolling a particular area. " Motion passed 5/0. .r CITY COUNCIL REGULAR MINUTES JULY 14, 1997 - PAGE 2 . C . City Council Executive Session Meeting Minutes - June 23, 1997 Stover moved, Garfunkel seconded approving the City Council Executive Session Meeting Minutes for June 23, 1997, as submitted. Motion passed 4/0. (Councilmember McCarty abstained.) D . City Council Work Session Meeting Minutes/W atten Ponds Development - June 16, 1997 O'Neill moved, Dahlberg seconded approving the City Council Work Session Meeting Minutes/Watten Ponds Development for June 16, 1997, as submitted. Motion passed 3/0. (Councilmembers McCarty and Stover abstained.) 3. MATTERS FROM THE FLOOR Fred Dresser, 5480 Gideon Woods, appeared representing the Gideon Woods Association and thanked Mayor Dahlberg and Councilmember O'Neill for the time they have spent with the Association reviewing the problems they are experiencing. . Mr. Dresser distributed a priority list to the Council. He stated there is a Universal Outdoor sign on the comer of the Gideon Woods property and County Road 19. This sign was scheduled for removal on July 1, 1997, however, given the $2,000 per year the Association receives relative to that sign as well as the benefit it creates in providing a barrier from the car lights and noise from County Road 19, the neighbors have signed a petition requesting the sign not be removed. Planning Director Nielsen explained both the ordinance and the development agreement require removal of the sign. Councilmember Stover recalled the intent of the City had been to remove signs of this type from the community. Mayor Dahlberg explained many of the issues of the Association are such that the Association may have to hire legal counsel and one of the reasons the Association would like to keep the sign on the property is to offset the costs they will incur. Mayor Dahlberg stated the Council will need to explore whether the value in taking the sign down is an abstraction where the value of keeping it there is quite concrete. Councilmember O'Neill suggested this be added to a future agenda and the sign be allowed to remain in the meantime. Councilmember Stover stated she would like to have a legal opinion on the matter. She would also like to know the ramifications the City could face relative to other people who were not allowed to keep a sign on their property. City Attorney Dean stated one of the issues for the Council to determine when this matter is addressed is whether or not there is any precedential value which might have a damaging effect. He also stated the Council has a right for a brief period of time to delay on any further action while the Council considers whether or not an ordinance amendment is appropriate. Mayor Dahlberg directed this matter be returned to the Council for review and consideration on August 11, 1997. A. DISCUSSION WITH POLICE CHIEF RICK YOUNG ON TRAFFIC CONTROL MEASURES . Councilmember O'Neill explained there have been many requests from residents for things such as speed bumps and the consensus of the Council was to address these issues through enforcement. " CITY COUNCIL REGULAR MINUTES JULY 14, 1997 - PAGE 3 . Chief Young stated it would not be possible to log where Officer Keller has been working. This would be reflected in the citations which he issues, however, the computer was unable to track this information in the past. He stated it would be possible to do that particular task from this point on. Chief Young reported the number of citations are going down due to the increase in calls the police department receives. He pointed out when an officer is called to a location, this takes him away from traffic enforcement. Chief Young also pointed out there has been an increase in fines, so financially there is not much of a drop, however, the police department takes into consideration the number of citations issued. In a one year period of time, Chief Young explained the average officer wrote 277 tickets. Shorewood Officer Keller issued 523. During this period of time, Officer Keller also had 677 enforcement contacts of which 215 were for speeding. . Chief Young believed there to be 12 to 18 trouble spots in the City. The majority of the complaints appear to be during the afternoon rush hour. He explained there has been spot patrolling of these areas. Chief Young stated from an enforcement standpoint, this would require additional funds either for an additional officer or overtime for existing officers. Chief Young estimated it would cost approximately $16,000 over the summertime for officer overtime. He stated departments with high traffic enforcement experience a lower crime rate and better public relations because the department is responding to the concerns of the neighborhoods. Mayor Dahlberg reported on a ride-along with Officer Keller. He observed there were few cars speeding, however, Officer Keller had been enforcing the speed limits in that particular area the previous week. Chief Young commented over the past 12 months, there was a state grant program which allowed for overtime enforcement. An application has been made for grant funds to cover the overtime costs of additional enforcement. Councilmember Stover inquired whether the hiring of the Shorewood officer has made a difference in the amount of traffic control time of the Joint Powers officers. Chief Young did not feel this made any difference. Councilmember Stover requested traffic control statistics to reflect the time spent in Shorewood by officers other than Officer Keller. Chief Young stated he will gather that information. Councilmember O'Neill proposed a work session discussion relative to the possibility of allotting additional funds to provide for overtime enforcement. 4 . PARKS - Report by Representative Park Commissioner Pat Arnst reported on the actions taken and matters considered by the Park Commission at their meetings of June 24 and July 9, 1997, (as detailed in the minutes of those meetings). 5. PLANNING - Report by Representative . Planning Director Nielsen reported on the actions taken and matters considered by the Planning Commission at their meeting of July 1, 1997, (as detailed in the minutes of that meeting). A. A Motion to Approve an Extension to File the Final Plan of Water's Edge P.U.D. . . . CITY COUNCIL REGULAR MINUTES JULY 14, 1997 - PAGE 4 Applicant: Bill Blegens 20295 Manor Road Location: Stover moved, O'Neill seconded approving an extension to file the final plan of Water's Edge P.U.D., for Bill Blegens, 20295 Manor Road to November 11, 1997. Motion passed 5/0. B . A Motion to Reconsider a Variance Request Applicant: Richard and Ingrid Hoyt Location: 5710 Ridge Road McCarty moved, Stover seconded approving a reconsideration of the variance request for Richard and Ingrid Hoyt, 5710 Ridge Road. Motion passed 5/0. C . A Motion to Establish a Public Hearing Date and Consideration of a Referral Back to the Planning Commission for Reconsideration of a Variance Request for Final Action to be Taken by the Council on August 11 Applicant: Richard and Ingrid Hoyt Location: 5710 Ridge Road Councilmember Stover inquired whether the public hearing would be held by the Planning Commission or by the Council. Attorney Dean explained there would be no requirement to send it back to the Planning Commission at all. Councilmember Stover commented this would generally be sent back to the Planning Commission in light of new information. She pointed out new information has not been presented, however, this matter is being presented for reconsideration. Attorney Dean explained there is no public hearing required at this time. Councilmember McCarty wanted a public hearing on this matter and she felt it could be heard by either the Councilor the Planning Commission. Councilmember Garfunkel believed this public hearing should be held before the Council rather than the Planning Commission. Mayor Dahlberg was also in favor of holding a public hearing. Councilmember Stover stated there would be a benefit to the Planning Commission holding the public hearing in that they are used to holding public hearings and members of the Council could certainly attend the meeting. Councilmember Stover was in favor of giving the Planning Commission the option of holding a public hearing on this issue. In the event they choose not to hold a public hearing, the Council could then hold the public hearing. Mayor Dahlberg would support a public hearing, however, in light of the fact there has been no new or additional information presented, he felt it would be understandable if the Planning Commission does not want to hold a hearing, but rather defer to the Council to hold the public hearing. . . . '. CITY COUNCIL REGULAR MINUTES JULY 14, 1997 - PAGE 5 Stover moved, McCarty seconded, requesting the Planning Commission decide at their July 15, 1997 meeting whether or not they want to hold a public hearing in reconsideration of a variance request for Ingrid and Richard Hoyt, 5710 Ridge Road, with final action to be taken by the City Council on August 11, 1997. ~otion passed 5/0. If the Planning Commission does not wish to hold a public hearing, the Council will hold the public hearing on August 11, 1997. D . A Motion to Adopt a Resolution Approving a Conditional Use Permit for Accessory Space Applicant: John ~ajestic Location: 5840 Eureka Road Garfunkel moved, Stover seconded adopting RESOLUTION NO. 97-52, "A Resolution Approving a Conditional Use Permit for Accessory Space for John Majestic, 5840 Eureka Road." Motion passed 5/0. 6. CONSIDERATION OF A MOTION REGARDING STREET LIGHTING AT BRYN~A WR Mayor Dahlberg noted surveys were sent to 48 residents relative to street lighting with only six surveys being returned. He further noted two of the six surveys were opposed to the lighting and four were in support. Councilmember Stover pointed out one of the surveys which was returned did not appear to be either for or against the lighting, but was just questioning it. Engineer Brown explained the lights were installed as a part of the development and then after a period of time, the lights were energized by the developer. Questions were then raised as to whether or not the lights should have been energized at that time. Councilmember Stover pointed out this was not a part of the development agreement, but that the lights were a compromise between the lights installed by the developer and a less intensive light. Planning Director Nielsen stated the majority of the residents of Brynmawr did, however, support the lights. Mayor Dahlberg expressed concern only 6 of the 48 questionnaires were returned. Councilmember McCarty recalled at the time this issue was raised, there were many people present to address this issue. She felt the lack of response to the questionnaire could be interpreted to mean the residents are satisfied with the lights as they currently exist. Mayor Dahlberg believed this to be a reasonable interpretation. Councilmember Stover suggested there may be different residents in the area now than when this issue was initially raised. In addition, this may have been a broader survey than necessary in that some of the residents may not be in close proximity to the light and may not be able to see it or even be aware of it. Mayor Dahlberg stated if there is a significant change of heart in the neighborhood, this could be brought to the attention of the Council for further consideration. Councilmember O'Neill stated unless there is a legitimate safety concern, he is not in favor of street lights in Shorewood. Councilmember Stover pointed out there were guidelines which were followed at the time this matter was considered. CITY COUNCIL REGULAR MINUTES JUL Y 14, 1997 - PAGE 6 . Mayor Dahlberg suggested a Mayor's meeting for this area to further discuss this matter. He noted he intends to make some telephone calls to the residents to gain their input. Dahlberg moved, O'Neill seconded tabling this matter to the August 11, 1997, meeting of the City Council for further consideration. Councilmember Garfunkel asked Mayor Dahlberg what methodology he intends to use. Mayor Dahlberg stated his intention to schedule a Mayor's Meeting with the Brynmawr neighborhood to discuss any issues the neighborhood may have, including the issue of the lights. Motion passed 4/1. (McCarty was the dissenting vote.) 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING FEASIBILITY REPORT FOR THE SOUTH LINK LATERAL EXTENSION Engineer Brown reviewed the feasibility report in detail. Councilmember Stover noted that two of the five petitioners have already been assessed. Brown stated that assessment was levied at the time watermain was completed along Smithtown Road since they benefitted from that watermain. Councilmember Stover inquired whether those $5,000 assessments are included on the assessment roles at this time. Brown confirmed that they are. . Councilmember Stover stated that technically those two properties could, at substantial expense, hook onto the water system at a significant distance. Brown noted that to be true. Councilmember Stover asked approximately how much it would cost for those property owners to hook on. Brown estimated it would cost approximately $17,000 for one property and approximately $8,000 for the other since it would be approximately half of the distance. Councilmember Stover inquired how much the cost would be for an average lot abutting a street with watermain available. Brown stated it would be approximately $800 to $1,200. Mayor Dahlberg clarified the total cost of the project is divided by five petitioners and he suggested the $10,000 which was already paid by two of the petitioners could be deducted from the total cost of the project. Hurm pointed out those two assessments were taken into consideration when water was put in on Smithtown Road and then should not be taken into consideration in the current project. . Mayor Dahlberg reported there have been work session discussions relative to analyzing the cost and the profitability of a particular project through a break-even analysis. A feasibility cost alternative analysis was prepared and distributed to the Council. This analysis was reviewed by Administrator Hurm who pointed out a 15 year break-even point was utilized. Mayor Dahlberg explained to the petitioners the 15 year break-even time period and the potential cost of approximately $12,000. Brown explained it could potentially cost approximately $6,000 to hook up the water from the City main to the home itself. Bill Wicka, 27930 Smithtown Road, did not feel the properties which were assessed during the Smithtown Road project benefitted from that project given the fact it will possibly cost them an additional $17,500 to hook up to the watermain. Dahlberg moved, Garfunkel seconded recessing the meeting at 9:34 p.m. Motion passed 5/0. Mayor Dahlberg reconvened the meeting at 9:46 p.m. CITY COUNCIL REGULAR MINUTES JULY 14, 1997 - PAGE 7 . Brown stated due to the outcome of the feasibility report, a public hearing was not scheduled and plans and specifications were not obtained. He noted contingencies were significantly reduced and/or eliminated to reduce the analysis. Brown suggested obtaining contractor input to determine whether the figures in the analysis are reasonable. Mayor Dahlberg wanted the feasibility report expanded to include the break-even analysis alternative. Councilmember Stover felt staff should obtain input from the property owners to determine their continued interest in pursuing this project. Dahlberg moved, O'Neill seconded tabling this matter to August 11, 1997, and directing staff to expand the feasibility report including a break even analysis and to gather input from the petitioners for the South Link Lateral Extension for further consideration at the next meeting. Motion passed 5/0. 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION AND LEVYING FOR WATERMAIN TRUNK CHARGES AND SPECIAL ASSESSMENTS - WATTEN PONDS . O'Neill moved, Garfunkel seconded to reconsider a Resolution Accepting a Petition and Levying for Water main Trunk Charges and Special Assessments for Watten Ponds. Motion passed 5/0. McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97-53, "A Resolution Accepting a Petition and Levying for Watermain Trunk Charges and Special Assessments - Watten Ponds." Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BIDS AND A WARDING A CONTRACT FOR A JOINT SEALCOA TING PROJECT Brown explained the total base bid to be $46,344.32. This is in combination with Tonka Bay with $23,878.32 representing Shorewood's portion of the cost. The award of the contract is based on the total base bid. McCarty moved, Stover seconded adopting RESOLUTION NO. 97-54, "A Resolution Accepting Bids and A warding a Contract for a Joint Sealcoating Project to Allied Blacktop." Motion passed 5/0. 10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING BIDS AND AWARDING A CONTRACT FOR PROJECT NO. 95-19 SHADY ISLAND BRIDGE . Brown stated Jay Brothers is a good contractor who does quality work, however they are aggressive and he would expect to see change orders on a few of the items. Based on their low bid and the history of the quality work of the contractor, Brown felt this to be a worthwhile bid. He also pointed out performance and payment bonds will be required. Stover moved, McCarty seconded adopting RESOLUTION NO. 97-55, "A Resolution Accepting Bids and Awarding a Contract for Project No. 95-19 Shady Island Bridge to Jay Brothers, Inc., in the amount of $266,267.03." Motion passed 5/0. CITY COUNCIL REGULAR MINUTES JULY 14, 1997 - PAGE 8 . Councilmember Stover inquired whether there is any system by which smaller vehicles could be utilized by the school district and other services during the time of this construction. Brown stated during construction, staff would hope these services would utilize smaller vehicles from a construction, safety and liability standpoint. Attorney Dean will investigate this matter to determine whether there are statutory restrictions which may be imposed during the period of construction. 11. ADMINISTRATOR AND STAFF REPORTS A. STAFF REPORT ON DEVELOPMENT MONITORING Nielsen reported Phil Tipka has been inspecting the Watten Ponds and Marsh Pointe construction sites on a daily basis. The developer of Watten Ponds is currently in the process of resolving differences with the Watershed District. Mr. Tipka has requested additional erosion control fencing which has not been put in place. The developer has been contacted and the pump has been turned off so the pond cannot be pumped until the erosion control is in place. A meeting has been scheduled with the developer to direct the relocation of some of the tree protection fencing and to discuss some of the other site issues before the project is again underway. With respect to Smithtown Meadows, the street and utilities are in. Staff expects landscaping to be completed by the end of July. . The fencing of Marsh Pointe has been damaged in several locations. Mr. Tipka has addressed this issue with the developer and issued punch lists both on the Watten Ponds and Marsh Pointe projects. Mayor Dahlberg inquired relative to a piece of curbing which was placed on the LRT. Brown stated the developer has been advised this must be removed. Staff will be meeting with Mr. Dillerud to discuss various issues on the site and this will be included in that discussion. Brown reported on the Southshore Center and stated that measures have been taken to ensure the project is completed to specification and the contractor is off the site. A punch list has been developed and steps are being taken to secure contractors to ensure these items are completed. Brown reported Badger Field has been sodded and staff was very pleased with the performance of the contractor. Councilmember O'Neill reported he has inspected the erosion fence at Marsh Pointe and noted the inspector was on top of this issue. Brown stated a daily punch list is developed and faxed to the developer. Mayor Dahlberg asked if the NURP pond on the Smithtown Meadows site meets the requirements of the Watershed District. Brown stated that project was approved prior to the Watershed District requiring NURP ponds. . . . . CITY COUNCIL REGULAR MINUTES JULY 14, 1997 - PAGE 9 B . DISCUSSION ON COMMENTS FROM THE SHORELINE Hurm reviewed some of the resident input which was received relative to the Shoreline. One of the suggestions was to implement a volunteer motor moratorium where on the third Sunday of every month of the summer, residents would voluntarily not operate chain saws, lawn equipment and the like. Mayor Dahlberg felt this could be approached on a neighborhood basis. Councilmember McCarty didn't feel any action would be required of the Council, but that the message will get out to the neighbors. Hurm reviewed a suggestion relative to signage in Freeman Park and that the City Park entrance sign at the park be changed to reflect the name of the park. The resident suggested this would reduce the amount of traffic through Shorewood Oaks in looking for City Park. Hurm stated there may be some changes in the coming year and it may be appropriate to refer this matter to the Park Commission for their consideration. Councilmember O'Neill stated it can be a difficult park to find. Hurm noted the Park Capital Improvement Plan has funds allocated for signage of Freeman Park. C. DISCUSSION ON WORK SESSION SCHEDULE The consensus of the Council was to follow the schedule suggested by staff to hold work sessions on August 18 and August 26. 12. MAYOR & CITY COUNCIL REPORTS Mayor Dahlberg requested a meeting with the Department of Transportation regarding closure of the various roadways along Highway 7. A. ESTABLISH OPEN FORUM MEETING TOPICS FOR NEXT MONTH Councilmember O'Neill proposed an open forum relative to snowmobiles. Councilmember McCarty did not feel it would be possible to hold an open forum on this particular issue. A work session in August will be set aside for consideration of the snowmobile issue. B . DISCUSSION ON POLICE CONTRACT Mayor Dahlberg recalled the Council had been interested in extending the police contract from a five year contract to a ten year contract and essentially leaving the provisions of the contract as they exist. If a change in the formula is indicated, this change should take place on a gradual basis. Mayor Dahlberg reported he will be meeting with the other mayors and will relay this information to them. Gideon Woods MayorDahlberg and Councilmember O'Neill met with the Gideon Woods neighborhood. There were discussions relative to utilizing the escrow to cover some of the unfinished items in the project. In addition, the sign issue was discussed. Mayor Dahlberg reported a meeting was held with the Games Trust, the owner of the land. There is a plan of action to get the last four units built. Councilmember O'Neill stated at this time, everything is in the preliminary stages. . . . CITY COUNCIL REGULAR MINUTES JULY 14, 1997 - PAGE 10 13. ADJOURNMENT Stover moved, O'Neill seconded adjourning to a work session at 10:44 p.m. subject to the approval of claims. Councilmember O'Neill noted a memo was received from Hennepin County relative to a study on Highway 19 and the study revealed this highway is an appropriate place for installation of a signal light. Mayor Dahlberg suggested laying out the details from a budgetary standpoint as well as any impact this project may have on the City. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl WalIat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: 112 a