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060898 CC Reg Min . . . . , f' CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JUNE 8, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:00 p.m. He announced the Council will convene in Executive Session immediately following the regular portion of the meeting to discuss the status of litigation. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Jim Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen B. Review Agenda Mayor Dahlberg read the Agenda for June 8, 1998. The agenda was approved as submitted. 2. APPROVAL OF MINUTES A. City Council Emergency Session Meeting Minutes . May 18, 1998 Garfunkel moved, O'Neill seconded approving the City Council Emergency Session Meeting Minutes for May 18, 1998, as amended on Page 1, Item No.2, Sentence 1, change to read, "three members of the Council." Motion passed 5/0. B . City Council Work Session Meeting Minutes . May 18, 1998 Garfunkel moved, O'Neill seconded approving the City Council Work Session Meeting Minutes for May 18, 1998, as amended on Page 1, Item No.2, Paragraph 4, Sentence 1, add "because we don't know whether or not this is true." Motion passed 4/0. (Councilmember Stover abstained.) C. City Council Emergency Session Meeting Minutes . May 19, 1998 O'Neill moved, Champa seconded approving the City Council Emergency Session Meeting Minutes for May 19, 1998 as submitted. Motion passed 3/0. (Councilmembers Stover and Garfunkel abstained.) 3. MATTERS FROM THE FLOOR Tom Kelsey, 25605 Smithtown Road, felt there to be a considerable amount of concern relative to some comments which he had directed at Mayor Dahlberg and stated he takes credit for the article which appeared in the Saturday edition of the Star Tribune. Mr. Kelsey stated he takes credit for the article as a matter of personal integrity and honesty. He stated he is deeply opposed to the administration of the City's public affairs. . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 8, 1998 - PAGE 2 . Mr. Kelsey commented in the past he has written many articles to the Sun Sailor to voice his concerns. He related his belief Mayor Dahlberg and the Preservation Team ignore anyone who gets in their way. Mr. Kelsey stated he is committed to doing all he can to bring the activities and conduct of the Preservation Team to the attention of the public and stated he will use any means to publicize what occurs in the City. Mayor Dahlberg commented he will allow the people of Shorewood to decide what needs additional explanation, if anything, and whether the City is proceeding in the direction they wish. Ingrid Schaff, 25606 Smithtown Road, also commented on the Star Tribune article. She expressed her belief Mayor Dahlberg does not have the right, as a public official, to make comments which are distasteful, unprofessional and demeaning because residents of the community criticize him for a lack of process. Ms. Schaff felt Mayor Dahlberg owes the residents of Shorewood an apology for a statement which was made to a Star Tribune reporter. Ms. Schaff pointed out the City recently spent $12,000 of taxpayer funds to determine whether there is an interest in a trail system. She stated the survey reveals the interest is overwhelming. Ms. Schaff commented Mayor Dahlberg conducted a survey with the purpose of refuting the results of the survey. Mayor Dahlberg commented the various commissions no longer run the City. This is the responsibility of the Council. With respect to the survey results, Mayor Dahlberg stated they will be disclosed in several weeks. He felt the survey, although a good device, failed to ask the key question, whether people would accept a trail in their own neighborhood. . Mayor Dahlberg suggested addressing Item Nos. 5 and 7 given the fact the public hearing could not be heard until 7:15 p.m. 4. CONSIDERATION OF A MOTION TO REBATE PARK DEDICATION AND SANITARY SEWER CHARGES FOR RON HUME Stover moved, Garfunkel seconded adopting RESOLUTION NO. 98-056, "A Resolution Rebating Park Dedication and Sanitary Sewer Charges for Ron Hume. " Motion passed 5/0. 5 . PARKS - Report by Representative A. Report on May 27, 1998 Park Commission Meeting Commissioner Cochran reported on the matters considered and actions taken at the May 27, 1998 meeting of the Park Commission (as detailed in the minutes of that meeting). 6. 7:15 P.M. PUBLIC HEARING - CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENTS FOR RON HUME Mayor Dahlberg opened the public hearing at 7:17 p.m. Planning Director Nielsen provided a review of the request of Mr. Hume. Hearing no public testimony, Mayor Dahlberg closed the public hearing at 7:20 p.m. Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-057, "A Resolution Vacating Drainage and Utility Easements for Ron Hume." Motion passed 5/0. . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 8, 1998 - PAGE 3 Mayor DaWberg suggested addressing Item No.8 given the fact the public hearing is scheduled for 7:30 p.m. 7. PLANNING - Report by Representative Planning Director Nielsen reported on the matters considered and actions taken at the June 2, 1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). A. A Motion to Adopt a Resolution Approving a Simple Subdivision Applicant: Dean Johnson Location: 5875 Cathcart Drive Stover moved, O'Neill seconded adopting RESOLUTION NO. 98-058, "A Resolution Approving a Simple Subdivision for Dean Johnson, 5875 Cathcart Drive. " Motion passed 5/0. Mr. Johnson complimented staff, the Planning Commission and Council. He related when working with the City years ago, he experienced allegism to elitism, with the exception of Councilmember Stover, and he felt, with respect to his current request, that everyone considered the facts. Mr. Johnson expressed his belief there has been a vast improvement in the City. 8. 7:30 P.M. PUBLIC HEARING - CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION VACATING A PORTION OF WILD ROSE LANE RIGHT-OF-WAY FOR DAVE PECK . Planning Director Nielsen reviewed the request of Mr. Peck. Mayor Dahlberg opened the public hearing at 7:30 p.m. Hearing no public testimony, he closed the public hearing at 7:31 p.m. O'Neill moved, Stover seconded adopting RESOLUTION NO. 98-059, "A Resolution Vacating a Portion of Wild Rose Lane Right-of-Way For Dave Peck." Motion passed 5/0. 9. PLANNING - Continued B. A Motion to Adopt CombinationlSu bdivision a Resolution Approving a Applicant: John Cross on behalf of Minnetonka Moorings . Location: 600 West Lake Street Stover moved, Garfunkel seconded adopting RESOLUTION NO. 98-060, "A Resolution Approving a Combination/Subdivision for John Cross on behalf 0 f Minnetonka Moorings, 600 West Lake Street." Motion passed 5/0. C. A Motion to Adopt S ubdivisionlCom bination A Resolution Approving a Applicant: Virginia Svoboda and Joseph Glaccum Location: 6090 and 6130 Chaska Road . Garfunkel moved, Stover seconded adopting RESOLUTION NO. 98-061, "A Resolution Approving a Subdivision/Combination for Virginia Svoboda and Joseph Glaccum, 6090 and 6130 Chaska Road." Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 3, 1998 - PAGE 4 10. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING THE BIDS AND AWARDING CONTRACT FOR PROJECT NO. 95-17 - STRAWBERRY LANE Engineer Brown explained Hardrives is the responsible low bidder at $194,554. Since the engineer's estimate was $220,000, it is recommended that the bid be accepted and the contract awarded to Hardrives, Inc. Stover moved, Champa seconded adopting RESOLUTION NO. 98-062, "A Resolution Accepting the Bids and A warding Contract for Project No. 95-17 - Strawberry Lane to Hardrives." Motion passed 5/0. 11. CONSIDERATION OF MOTIONS REGARDING PROJECT NO. 97-03 - LAKESIDE W A TERMAIN EXTENSION A . A Motion to Adopt a Resolution Authorizing the Mayor and City Administrator to Enter into an Agreement with the Petitioners for Lakeside Watermain Mayor Dahlberg expressed concern whether or not there should be a waiver obtained relative to the fact water quality may not improve with this watermain extension. Brown stated this waiver was presented to the petitioners at the beginning of the process. Brown has had conversations with the petitioners relative to the water quality and iron content versus the water quality the petitioners are currently receiving. Champa moved, Garfunkel seconded adopting RESOLUTION NO. 98-063, "A Resolution Authorizing the Form of Agreement with the Petitioners for Lakeside W atermain." Motion passed 5/0. B . A Motion to Adopt a Resolution Accepting Bids and A warding Contract for Project No. 97-03 - Lakeside Watermain Extension Contingent upon Agreement - Item lOA Mayor DaWberg expressed concern the low bid is significantly lower than the other bids which were received. Brown noted staff was also concerned with this bid and did check references. He found this company performs work for cities directly. The cities contacted provided very good references noting the jobs were completed on time and within costs. Councilmember O'Neill suggested at some point the Council discuss the possibility of having the citizens build a particular project which the City would take over once it is completed. Mayor Dahlberg pointed out this construction company is contracting with the City. The City then assesses the residents for the cost of the project. In the event there are difficulties between the City and the contractor, the City ultimately pays for resolving those disagreements. Mayor DaWberg also felt the Council should discuss Councilmember O'Neill's suggestion further at a future work session. He commented, however, this may be one of the inherent risks which municipal government must take on. Councilmember Stover was in agreement with Mayor Dahlberg's comments. . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 8, 1998 - PAGE 5 . Attorney Dean pointed out Councilmember O'Neill's suggestion is a common way in which many cities address new subdivisions. Many of the public improvements in these areas are constructed by the subdivider or the developer and it is then turned over to the City. In those instances, the subdivider or the developer is paying the entire cost up front of constructing the improvements. The mechanism which the Council has chosen to use in this case is one that not only determines who constructs, but it is the financing arrangement which is most compelling to the residents. Champa moved, Stover seconded adopting RESOLUTION NO. 98-064, "A Resolution Accepting Bids and Awarding Contract for Project No. 97-03 - Lakeside Watermain Extension Contingent upon Agreement." Motion passed 5/0. 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING FEASIBILITY REPORT AND SETTING DATE FOR PUBLIC INFORMATION MEETING - WILTSEY LANE Brown reported staff recommends scenario No. 3 in which a portion of the costs would be assessed against the benefiting property owners. Mayor Dahlberg questioned whether all of the residents have been contacted and whether they are in favor of this project. Brown explained it would be the purpose of the public information meeting to gain the input of the affected property owners. Councilmember O'Neill inquired whether the City would be responsible for the cost of a blacktop road. Brown noted the City would not be responsible for this cost. Councilmember Garfunkel noted this to be an existing road and did not feel the City should be taking the responsibility for any cost associated with this improvement. . Councilmember O'Neill feels at this point, the Council needs to discuss this matter with the concerned residents. Mayor Dahlberg noted his agreement. Council member Stover felt this to be similar to a road reclamation project in that when repairing or improving a road, both the property owners and the City are going to spend some money to achieve this. Councilmember O'Neill pointed out the City had not scheduled this particular roadway for improvement at this time. Brown recommended June 24, 1998,6:30 to 7:30 p.m., for the public information meeting. Stover moved, O'Neill seconded Setting a Date for a Public Information Meeting - Wiltsey Lane for .June 24, 1998, from 6:30 p.m. to 7:30 p.m. Motion passed 5/0. Dahlberg moved, Stover seconded tabling acceptance of the Feasibility Report for Wiltsey Lane until July 13, 1998. Motion passed 5/0. 13. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING THE PROPOSAL OF SAFE ASSURE CONSULTANTS, INC. Councilmember Champa noted the job hazard analyses are not included and suggested Brown include these. He inquired how the annual certification and updates will be addressed. Brown explained he will find out exactly what the program entails and then determine what will be required to update the program on an annual basis. Councilmember Champa also suggested addressing new employee training. . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 8, 1998 - PAGE 6 Brown explained with respect to the funding aspects, it is recommended $1,332.60 be taken from the Contingency Fund. Mayor Dahlberg expressed concern relative to utilizing funds from the Travel, Conference and Schools Fund to cover the cost of this project. Brown explained at this point in time, considering the storm damage and the projects currently underway, these funds would probably be utilized for storm clean-up. Champa moved, O'Neill seconded adopting RESOLUTION NO. 98-065, "A Resolution Accepting the Proposal of Safe Assure Consultants, Inc., subject to including job hazard analyses, annual certification and updates as well as new employee training." Motion passed 5/0. 14. CONSIDERATION OF A REQUEST BY WATERFORD HOMEOWNERS ASSOCIATION TO LEASE OR PURCHASE AN OUTLOT FOR LOCATION OF AN ENTRY MONUMENT SIGN The president of the homeowners association has requested this item be tabled while consideration is given to whether the association will lease or purchase this property. Nielsen felt the association is leaning toward leasing the land versus purchasing it. This would also be the recommendation of staff. He will in:vestigate the issue of a reasonable rate of lease for this piece of property. Stover moved, Champa seconded, setting a public hearing date of July 13, 1998 for a public hearing relative to the request by Waterford Homeowners Association to lease or purchase an outlot for location of an entry monument sign. Motion passed 5/0. 15. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION . Councilmember O'Neill explained Deborah Borkon has endorsed the change under certain circumstances with representation being her biggest concern. O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 98-066, "A Resolution Making Appointments of Deborah Borkon, Jeff Bailey, Paula Callies, Pat Collins and Neil Anderson to the Planning Commission." Motion passed 4/1. (Councilmember Stover was the dissenting vote.) Councilmember Stover stated she is opposed to the idea of having a five member Planning Commission. 16. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Development Monitoring Nielsen reported most developments are essentially completed. With respect to Watten Ponds, two homes are under construction. There are tree protection fences which are down given the storm damage which occurred within the City. June 30th has been selected as the deadline for reforestation on the Watten Ponds project and an extension of this deadline has not been requested. Brown reported on Glen Road stating the County is willing to sign off on the installation of a pipe from the sedimentation basin down the ditch line of County Road 19 to outlet by the trail as long as the City is willing to maintain the pipe. Brown explained this would be consistent with the normal practices of any development in which the City would maintain the storm sewer and he will communicate to the County that the City will take responsibility for maintaining the pipe. . CITY COUNCIL REGULAR MEETING MINUTES JUNE 8, 1998 - PAGE 7 B . Report on Shoreline Messages Received . C. Report on Storm Damage Brown provided and explained an update of the estimated costs to date for storm damage cleanup. He estimated a total cost of cleanup will be $44,000 to $45,000. Brown explained the drop off site at Freeman Park will be closed for a period of time while the grinding process is in progress. Contractors may grind material from 6:00 a.m. to 8:00 p.m., giving them the maximum period of time to complete this work. It was agreed the following postcard will be sent to all residents: Storm Clean Up Final Dates: The Shorewood City Council has established final dates for storm damage brush and branch cleanup work. . All brush and limbs must be placed roadside by Monday, June 15, 1998 at 7:00 a.m. Final rounds by City equipment will begin at that time and travel only once along each street. It will take a number of days to cover the entire city, but all brush piles must be roadside by the 15th. The designated drop off sites for brush and limbs (Freeman Park, Shady Island common area and Dellwood Lane cul-de-sac) will remain open for resident use until Tuesday, June 30, 1998. Additional material will not be accepted after that date. Again this is for storm damaged branches only. They must be under 6 inches in diameter and less than 8 feet in length. Dahlberg moved, Garfunkel seconded utilizing June 15 and June 30, 1998 as dates to be included in the post card. Motion passed 5/0. D. Report on 1999 Draft LMCD Budget Bob Rascop, Shorewood's representative to the LMCD, was in attendance to discuss the proposed budget with the Council. The proposed budget reflects a decrease of $3,125 in Shorewood's obligation. 17 . MAYOR & .CITY COUNCIL REPORTS Report on Work Session Meeting of June 1, 1998 Mayor Dahlberg reported on the City Council Work Session Meeting of June 1, 1998, (as detailed in the minutes of that meeting). Mayor commented on the clean up and noted the progress is evident. He expressed appreciation to Commissioner Penny Steele and Hennepin County for their assistance in this matter. Councilmember O'Neill complimented Public Works on their work in this regard. Hurm explained a member of the Greenwood City Council has expressed an interest in using the Freeman Park drop off site. He noted there is a problem with this in that the City does not allow contractors to utilize this site. Hurm suggested, however, utilizing the former rest stop lot north of Highway 7. The City of Greenwood would be responsible for disposal of their own items. . . . . . . 1" CITY COUNCIL REGULAR MEETING MINUTES JUNE 8, 1998 - PAGE 8 18. ADJOURNMENT Garfunkel moved, Stover seconded adjourning the regular meeting to Executive Session at 8:53 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. T J AYOR