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121602 CC Reg Min . . . . 11.... CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 16,2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:05 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Associate Attorney Keane (arrived 7:08 P.M.), Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda for the evening. Administrator Dawson requested Items 8G, Shorewood Liquor Store Lease; Item 9D, Authorization of Expenditure of Funds for Smithtown Road Sanitary Sewer System; and Item lOA4, Prosecutor Appeal, be added to the Agenda for this evening. Lizee moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, November 25, 2002 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of November 25, 2002, as presented. Motion passed 5/0. B. City Council Special Meeting Minutes, December 2, 2002 Zerby moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of December 2, 2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the items on the Consent Agenda. Councilmember Turgeon requested Item 3D be moved to Item 8R, for further discussion. Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 02.091. "A Resolution Approving Year 2003 Refuse Hauler Licenses." REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 2 of 13 . C. D. E. F. G. H. I. Adopting RESOLUTION NO. 02-092, "A Resolution Approving Year 2003 Tree Trimmer Licenses." Approving Year 2003 Agreement for Animal Control and Animal Impound Services (This item was moved to Item 8H for further discussion.) Authorizing the City Administrator To Enter into an Agreement for Cleaning Services at Shorewood City Hall and Public Works Facilities Authorizing the City Administrator To Enter into an Agreement for Computer Network Maintenance Services for 2003 Authorize Services for 2002 Audit Approving Therapeutic Massage license renewals for 2003 Adopting RESOLUTION NO. 02-093 "A Resolution Authorizing the Mayor and City Administrator To Extend the EPDB Conditional Use License Agreement with Hennepin County." Motion passed 5/0. 4. MATTERS FROM THE FLOOR . There were no matters from the floor presented this evening. 5. PRESENTATIONS A. Presentation of contribution to the City by the Shorewood Parks Foundation Ken Dallman and Bill Keeler, members of the Shorewood Parks Foundation, presented a check for $4,500 to be used toward the commitment to retire debt for the construction of Eddy Station assumed by the Parks Foundation. He thanked the many volunteers in the community for the success in the First Annual Shorewood Parks Foundation Arts and Crafts Fair, as well as the many members of Council that attended the event. He stated he anticipated the 2nd Annual Fair would be even bigger and better, and more help would be needed. Mr. Dallman stated he was extremely pleased to be able to make this contribution to the City. Mayor Love thanked Mr. Dallman, on behalf of the entire community for the wonderful outcome for the City, and for all the effort in providing the South Lake area with such a wonderful event. Councilmember Turgeon thanked all volunteers and participants, especially the coordination efforts of Jackie Dallman, and she also extended her deepest appreciation to members of the Parks Foundation. She encouraged all interested parties to purchase a brick as part of the Foundation's "Buy-A-Brick" fundraiser for the City parks as well. Mr. Dallman stated a landscape design was being prepared currently with conceptual presentation to the Park Commission anticipated in January of 2003. . . . . REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 3 of 13 6. PARKS A. Report on Park Commission Meeting of December 10,2002 Commissioner Callies reported on matters considered and actions taken at the December 10, 2002, Park Commission meeting (as detailed in the minutes of that meeting). B. Accepting the Parks Master Plan Engineer Brown stated the completed form of the Parks Master Plan had been submitted and approved by the Park Commission, and was being presented to Council for review and acceptance for inclusion in the City's Comprehensive Plan this evening. He then reviewed the history and process of developing this Master Plan. He noted the Plan included a survey of opinions of park users. Findings included a general lack of activities within the City's parks for seniors, and parking continued to be an issue at many of the larger parks holding sporting events. Engineer Brown next reviewed deficiencies and opportunities for growth within the City parks, noting the wondelful success of the Skate Park at the Southshore Community Park. Turgeon moved, Zerby seconded, Accepting the Parks Master Plan for inclusion into the Comprehensive Plan for the City. Councilmember Garfunkel questioned whether remedies could be found for seniors wanting to utilize park facilities. Engineer Brown stated while some parks were not suited to senior use, and topographical constraints occasionally posed difficulties in providing walking paths, options were being explored for inclusion of walking/biking paths, and horseshoe pits at certain City parks. Councilmember Zerby encouraged the inclusion of water fountains or drinking water supply in some form for inclusion in the Master Plan, as it was requested by many users. Councilmember Turgeon stated she was very impressed with the time, effort, and attention to detail, supplied in this report. She congratulated Engineer Brown and the Park Commission for efforts in bringing this document to fruition. She cited the expense of installation of water, approximately $10,000, as part of the reason for lack of drinking fountains in the parks. Engineer Brown congratulated the Park Commission on having completed all goals in their aggressive Work Plan for this year. Motion passed 5/0. 7. PLANNING Commissioner Gagne reported on matters considered and actions taken at the December 3, 2002, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Variance to Build on a Substandard Lot Applicant: Craig and Karine Buechler Location: 5655 Eureka Road Director Nielsen explained the applicant had received a condemnation order for his propelty at 5655 Eureka Road, and the Council had taken action earlier in the fall to stay the condemnation order provided . . . REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 4 of 13 the applicant proceed with his request for variance to build on a substandard lot. The applicant now proposed to demolish the existing two-family dwelling that currently occupied the site. In its place he proposed to build a new single-family house on the lot. The lot was substandard for the R-1C zoning district in which it was located. As a result, the applicant had requested a variance to build on a lot that did not meet 70 percent of the area requirement of the R-1C Single Family Residential district. He went on to explain the property was triangular shaped, and was located in the northeast quadrant of the intersection of Eureka Road and Smithtown Road at the Hennepin County Railroad Authority (LRT Trail) right-of-way. The lot contained approximately 12,567 square feet of area, and did not comply with current front or side yard setback requirements. An existing detached garage would also be removed in favor of an attached garage on the new home. Director Nielsen reviewed the criteria for building on a substandard lot, noting the lot was in separate ownership from adjoining properties, and the applicant's lot was 1433 square feet short of the area requirement. The width of the lot was considered adequate. The proposed house would be in compliance with all R1-C setback requirements, where the current house was not at all. Originally, Director Nielsen had suggested the applicant remove 398 square feet of hardcover from the proposed plan as it exceeded 33 percent of the lot. Since this recommendation was established by the Planning Commission, the applicant had agreed to reduce the hardcover on the property by reducing the porch and decking surrounding the proposed house. With regard to the variance request, Director Nielsen noted the applicant could repair the eXlstmg building and use it as a single-family dwelling, despite the nonconformities of the lot and existing structure. Although the applicant could expand the existing home, under current zoning requirements the applicant was not able to upgrade the existing structure, which was considered substandard from a building code perspective. Director Nielsen went on to explain the applicant had designed the new home to comply with the setback requirements and hard cover limitations of the current Zoning Code. The proposed house would not adversely affect the character of the existing neighborhood, and was in scale with the size of the existing buildable lot. Councilmember Zerby thanked the applicant for being so willing to work with Staff to find resolution to this matter. Zerby moved, Turgeon seconded, Approving the Request for Variance to Build on a Substandard Lot, subject to removal of the condemned structure by June 15, 2003, for Craig and Karine Buechler, 5565 Eureka Road. Mr. Buechler stated his only concern for the project was the issue of demolition of the condemned structure. He stated he would like to remove it at the time of construction of the new house, which he anticipated would begin approximately June 1,2003. Councilmember Zerby questioned whether Mr. Buechler's effOlts would be restricted due to weight limits on City roadways. Director Nielsen explained weight restrictions would be in effect from March 1 to May 1, as they were each year. Councilmember Zerby commented this would allow the applicant four months' time to remove the structure. Mr. Buechler stated he preferred to be able to have until the end of the summer of 2003, as he planned to use the fill from the new construction foundation to fill in the existing basement foundation of the condemned structure. REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 5 of 13 . Mayor Love questioned whether Mr. Buechler had considered working with the Excelsior Fire District to determine whether the house could be burned as part of a training exercise. Mr. BuecWer stated he was not interested in this option with neighbors so close in proximity. Motion passed 5/0. B. C.D.P. and Zoning Text Amendment Applicant: St. John the Baptist Church rep. Cemetery of the Resurrection Location: 5555 Covington Road . Director Nielsen stated St. John the Baptist Catholic Church in Excelsior owned the Cemetery of the Resurrection, located at 5425 Covington Road. The cemetery occupied 15 acres of land zoned R-IA, Single Family Residential. At present, approximately 4.2 acres of the land was being used for gravesites. Plans had been submitted for the remaining development of the cemetery property amounting to approximately 2.75 acres. Once completed, the cemetery would occupy less than one-half of the total site, with the remaining land being designated as open space or wetland. In addition to the Conditional Use Permit, the church had requested and amendment to the Zoning Code that would allow gravesites with flush lawn headstones as an allowable encroachment in the required setback from the public right-of- way. Director Nielsen noted the land use and zoning to the north of the subject property included a vacant Minnesota Department of Transportation (MNDOT) right-of-way parcel and the City's Southeast Area water tower; to the east held Old Market Road and Single-Family residential housing as did the land use to the south. Covington Road and additional Single-Family Residential housing were to the west of the subject property. All surrounding zoning for the site was classified as Single-Family Residential with areas to the south and west being part of the Shore land district of Christmas Lake. Director Nielsen then reviewed the request with regard to criteria for a Conditional Use Permit, a Zoning Text Amendment, and General Site Design. With regard to issues of the Conditional Use Permit, he explained access to the cemetery was from Covington Road, despite the cemetery having frontage on a parcel that was currently part of the right-of-way for an arterial street. He recommended issues of access be examined regarding the City's requirements as neither existing cemetery in the City complied with City regulations. He went on to state the site was very well screened from all directions. He recommended the proposed row of spruce trees to be planted in the expanded southeast corner of the site, be planted immediately in order for a substantial buffer to develop in time for the cemetery's expansion. With regard to the zoning text amendment, the applicant had requested that gravesites with flush mounted headstones be allowed up to 15 feet from the property line. This change would affect a strip of land in the northwest corner of the site, approximately 200 feet long abutting the MNDOT right-of-way parcel; and approximately 300 feet abutting Old Market Road on the east side of the site. Director Nielsen also explained allowable encroachments were provided in the City code. The use of the setback area would allow the applicant to maximize the capacity of the property while preserving the sensitive areas of the site. . With regard to the General Site Design for the project, Director Nielsen explained the applicant proposed relocating the entry to the cemetery approximately 150 feet south on Covington Road. He noted this was understandable given the proximity to the unusual frontage road intersection, and suggested it be subject to review of sight lines by the City Engineer. Engineer Brown stated a driveway located 250 feet from the crest of the hill southerly on Covington Road would be acceptable, as it seemed to fit the situational needs of this matter. He noted that to move the driveway to the north and route it through the MNDOT REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 6 of 13 . parcel of land would require extensive unnecessary grading. He also stated there would be some merit to moving the driveway as sight lines did not line up appropriately with Carrie Lane. Bill Sanders, landscape architect with Sanders, Wacker, Bergly, Incorporated, explained the church had reviewed phased program of enlargement over four stages to accommodate the anticipated future burial rate needed for the cemetery. He stated the church had attempted to minimize disruption to the pristine beauty of the area and had tried to maintain the character of the neighborhood as part of the proposed project. He explained it would be important to the church to begin working with the center of the site, and move onto additional phases of development including moving the entrance, adding additional gravesites along the easterly edge of the site to the south, and in the final stage, constructing a mausoleum. He stated he thought it was important to relocate the driveway entrance for two reasons. First, the proposed entrance would allow the driveway to return to its historic entrance, and, second, it would allow the mausoleum to be in formal relation to the site entrance as a matter of aesthetics and would complement the neighborhood. He also noted the proposed entrance would allow for 400 additional gravesites to be placed within the cemetery. He stated it would be difficult to develop the northwest comer of the property with the current drive because of setback issues. He went on to state the church would also be interested in revisiting the "swap plan" previously discussed at an earlier Planning Commission meeting. Should Council be willing to revisit the "swap" issue, he stated the church would be interested in proceeding with the option presented to begin construction and redevelopment of the center of the site, and then negotiations with MNDOT and the City could continue over the course of the next year if need be. He also stated it was important to be able to discuss future plans with the neighbors regarding the future phases of the development plan in effort to work with the surrounding propertyowners. . Mayor Love asked Director Nielsen to clarify the "swap plan" previously discussed regarding this matter. Director Nielsen explained the City would acquire the parcel of land to the north of the current cemetery from the MnDOT, and then would be able to swap the useable portion of that northerly parcel with the Cemetery. The Church would convey the southerly portion of its property to the City to be retained as conservation open space, and the remainder of the northerly parcel, that which was not considered to be suitable for gravesites, would also be retained by the City as conservation open space. Councilmember Turgeon stated this plan had been considered and no compelling reason was found for the City to enter into further discussion on the matter. Various questions were presented by Council regarding future repurposing of land; conservation easement possibilities with the wetland area; the appropriate planting of the proposed spruce trees; and the current roadway width and parking issues currently affecting the cemetery use. Jack Mayeron, 5580 Old Market Road, introduced his son, Steve Mayeron, who would be speaking on his behalf. Steve Mayeron explained his parents were concerned with the setbacks proposed near their house on Old Market Road. He questioned the interpretation of sideyards in this case, and stated his parents would like to see the other options explored for phasing of the project. He stated he believed the proposed project would depreciate property values in the adjacent properties as the setback areas were being minimized, thus, bringing the cemetery closer to the yards of current homeowners. . Jodi Tonamaker, 5480 Covington Road, stated she thought it illogical to move the driveway closer to the narrower part of the roadway where speed of vehicles was a constant concern for her and her neighbors. She stated she would not be able to get out of her driveway with a funeral procession taking place, and she did not want to view a mausoleum each time she needed to leave her property. She suggested the "swap plan" be revisited as a means of resolution in this case. REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 7 of 13 . Cal Peterson, 5490 Covington Road, stated he was concerned for the proposed location of the driveway to the cemetery as well. He stated he had spoken with Deacon Gary Hoffman from the Church, who had indicated a willingness to revisit other options for the project in effOlt to find a more suitable roadway capable of handling the roadway concerns presented this evening. Further, he stated, the open space on the MnDOT parcel was not being utilized as a park or picnic area to his knowledge as he had never seen anyone in that area. He encouraged the Council to walk the area and revisit the "swap plan" as well. Ken Onsted, 5570 Old Market Road, stated he was concerned about the requested decrease in the setback area for additional grave spaces. He also requested Council reconsider the "swap plan" and thought the entire plan needed further consideration and time in order to bring about a workable solution for all parties involved. Cindy Mayeron, 5580 Old Market Road, stated it was impressive to see governmental agencies at work in this case. She stated the Planning Commission had never been given the opportunity to fully review the "swap plan," and at that meeting only one to two neighbors had stated the open space was utilized as a park area for picnicking. She encouraged the Council to revisit the "swap plan" as neighboring residents, City Staff, and the Church had thought the plan was reasonable. She stated it would be important for the Council to see the proposed plans side by side when considering the use of the MnDOT parcel. Valerie Yanez, 5474 Carrie Lane, stated she would also support revisiting the "swap plan." . Ed Bauman, Cemetery Boardmember, stated the cemetery property had not been maximized, and the Church had not aggressively sought the "swap plan" in the past, but the Church would be open to consideration of this idea. He stated the Church had tried very hard to be a "good neighbor". He went on to state the Church could continue to limit burials in the cemetery, but he believed the cemetery was a valuable asset to the community as the Excelsior cemetery was at capacity, and he would like to think this plan had proven it was in the best interest of the community as a whole. He reviewed the process the Church had used in reviewing the plans with neighbors, and working with City Staff. Mayor Love stated he had heard respect and appreciation for the Church in its attempts to work with the neighbors in this case. Jack Mayeron commented the neighbors were expressing an interest in revisiting the "swap plan" and still allowing the Church to move forward with the first Phase of their plan. He stated he was only concerned with the proposed setback reduction in future plans. Councilmember Lizee stated it was important for all parties present to remember the issue being voted on. She stated Council could not address the "swap plan" as it had not been presented as part of this case, nor was any formal documentation present this evening substantiating that plan. Councilmember Garfunkel agreed, noting the issue being discussed was the encroachment into the setback area for gravesites with flush mounted headstones. He also noted the City's ordinances allowed for such an encroachment. Mayor Love also explained Council could only vote on what had been submitted for a request from the applicant. Deacon Gary Hoffman, business administrator for the Church, stated it was very important to the Church that the project be allowed to move forward in some fashion, as work could not take place on Phase 2 . without acceptance of Phase 1. Director Nielsen stated it would be possible to take action in such a . . REGULAR CITY COUNCIL MEETING MINUTES December 16,2002 Page 8 of 13 manner this evening, thus, allowing construction of Phase 1 to proceed, with continued exploration into other options for study to take place over the next several months. Garfunkel moved, Turgeon seconded, Directing Staff to Prepare Findings to Approve Modification of the Conditional Use Permit for Phase 1 for St. John the Baptist Church rep. Cemetery of the Resurrection, 5555 Covington Road. Mr. Baumann, stated a great deal of time and money had gone into developing the proposed plans, and he was concerned it would be for naught should the "swap plan" become a viable option. He stated the Church's first priority in this case was to work with the neighbors. Mr. Sanders stated if work could not be expanded to the nOltherly direction, then he was requesting the plans be approved, and every attempt would be made to expand to the north rather than the south as was the wishes of the surrounding neighbors. Councilmember Garfunkel explained he was a bit confused as to which party accurately represented the wishes of the Church at this point, as many parties had voiced differing options for consideration. The maker of the motion withdrew the motion. The seconder agreed. Lizee moved, Zerby seconded, Continuing this request, based on the current application submitted, until January 13,2003. Councilmember Garfunkel requested the applicant to identify one palty to represent the Church's wishes for the next meeting to avoid further confusion of the proposal. Motion passed 5/0. Mayor Love recessed the meeting at 9: 12 P.M., and reconvened the meeting at 9:20 P.M. C. Preliminary and Final Plats - Boyer Lake Minnewashta Applicant: Boyer Building Corporation Location: Portions of 3121 Highway 7, Chanhassen Director Nielsen explained Boyer Building Corporation proposed developing 10 single-family residential lots on the south side of State Highway 7 in Chanhassen. Approximately 2.9 acres on the north side of the plat were within City limits of Shorewood. The Shorewood portion of the property would become the backs of the proposed lots, ranging in depth from 100 feet on the west send of this site, down to zero on the east end. While no houses were being proposed on the Shorewood portion of the plat, there would be some site alteration required to create ponding and wetland mitigation for the project. Director Nielsen then stated there were two issues requiring address in the approval of the plat. He further explained the platted areas in this narrow strip of land would be set aside as outlots, and as such were defined as being not buildable. Restrictive covenants would state the outlots would not be sold separately from the adjoining respective lots. Also, grading for required ponding and wetland mitigation would result in some tree removal on the north side of the plat. As a result of City ordinance, the developer would be required to replace 24 trees on the site. These trees must be a minimum of three-inch caliper for deciduous trees and six feet high for coniferous. The landscape plan needed to be revised to reflect the additional trees and also must be signed by a registered landscape architect. It was further recommended . the developer provide the City with conservation easements over the land in Shorewood. . . . REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 9 of 13 John Boyer, on behalf of his father and representing the Corporation, stated the ponding was present on the property to handle the water runoff from Shorewood. Zerby moved Lizee seconded, Directing Staff to Prepare a Resolution for Findings of Fact , approving the Preliminary Plat for Boyer Building Corporation, Portions of 3121 Highway 7, Chanhassen. Motion passed 5/0. 8. GENERAL A. 2003 Budget- Approving the 2003 Budget and Approving the Property Tax Levy Collectible in 2003 Garfunkel moved, Turgeon seconded, Adopting RESOLUTION NO. 02-094, "A Resolution Approving the 2003 Budget and Approving the Property Tax Levy Collectible in 2003." Motion passed 5/0. B. Establishing the 2003 Pay Scale and City Insurance Contribution Zerby moved, Garfunkel seconded, Approving RESOLUTION NO. 02-095, "A Resolution Establishing the 2003 Pay Scale and City Insurance Contribution." Motion passed 5/0. C. Authorizing the Transfer of Funds Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 02-096, "A Resolution Authorizing the Transfer of Funds." Motion passed 5/0. D. Set 2003 Utility Rates Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 02-097, "A Resolution Setting the 2003 Utility Rates." Motion passed 5/0. E. Excelsior Area Chamber of Commerce Request for Funds for Holiday Lighting Administrator Dawson introduced MYrle McKenzie, of the Excelsior Chamber of Commerce Holiday Committee. Ms. McKenzie stated she was present this evening to request a donation of funds from the City to be used for Holiday Lighting in downtown Excelsior in celebration of the Winter holidays. She noted approximately $5,000 had been raised thus far, with $2,000 in donation from the City of Excelsior. Councilmember Lizee stated she thought a donation would be appropriate in the spirit of cooperation between two cities. Lizee moved, Zerby seconded, Donating $1,000 toward the Holiday Lighting request from the Excelsior Chamber of Commerce. Councilmember Turgeon stated she was concerned for the involvement of other South Lake Minnetonka cities, and stated she would like to see a way for each community to be involved in the holiday celebrations. She also suggested the use of minimal admission fees for various community-sponsored events as a way to offset the charges incurred for beautification during the holidays. . . . REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 10 of 13 Mayor Love stated he was in support of the proposed donation, but would also like to find other ways to have the cities of Excelsior and Shorewood work together in bringing their business districts together. He thought important the two cities continue to strive to work together to bring mutual support to the surrounding businesses. Motion passed 5/0. F. Recommendation of Appointments by Hennepin County Board of Commissioners to the Minnehaha Creek Watershed District (MCWD) Board of Managers Administrator Dawson explained two positions for appointment to the Minnehaha Creek Watershed District Board of Managers would be expiring on March 8, 2003. He then briefly reviewed the procedures utilized in making these appointments to the MCWD Board. He also noted there had been no information received from persons interested in this position, however, nominations could be made this evening should Council wish to do so. Council agreed no further action would be taken on this matter at this time. G. Shorewood Liquor Store Lease Finance Director Burton explained negotiations continued on the lease with the City and the developer of the Shorewood Village Shopping Center on this matter. She noted the proposed lease would allow for continued operations at this locale with options available to continue to negotiate the terms of the lease. Garfunkel moved, Zerby seconded, Approving Amendment #2 of a lease between the Shorewood .Village Shopping Center and the City. Motion passed 5/0. H. Approving Year 2003 Agreement for Animal Control and Animal Impound Services (This item had been moved from 3D.) Councilmember Turgeon questioned the increased expenditure proposed for the contract year, as well as the number of cities involved in the agreement. Administrator Dawson clarified those issues of concern noting impound services continued to be an area of discussion among the Lake Minnetonka Area Cooperating Cities administrators. Turgeon moved, Zerby seconded, Approving the Year 2003 Agreement for Animal Control and Animal Impound Services. Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS A. Proposal for Professional Services for Glen Road and Harding Lane Stormwater Services Engineer Brown briefly reviewed the background on this matter, noting the proposal had been modified, at Council's request, to include only certain topics and areas of interest to reduce the cost of the previous proposal. Turgeon moved, Lizee seconded, Approving the Proposal for Professional Services for Glen Road and Harding Lane Stormwater Services Feasibility Study. Motion passed 5/0. . . . REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 11 of 13 B. Proposal for Professional Services for NPDES Study - Phase II Engineer Brown reviewed the background and history surrounding the National Pollution Discharge Elimination Study (NPDES) undertaken by the federal government. He noted further progress was being made in this study, and as such, cities were required to implement Phase 2 of the study requirements. Turgeon moved, Zerby seconded, Accepting a Proposal for Professional Services for NPDES Study, Phase 2 from WSB and Associates. Motion passed 5/0. C. Receive Petition from Old Chaska Road residents for Roadway Modifications Engineer Brown stated that residents along Old Chaska Road had petitioned the City for roadway modifications allowing for the removal of pavement of Old Chaska Road in certain areas. Engineer Brown reviewed the analysis of existing alignment and proposed layout for the portions of the roadway requested by the petitioners. He noted the proposed layout solution to be reasonable, and subject to the following conditions: 1. Costs associated with the design and construction of the proposal should be borne by the petitioners. 2. Plans for the construction should indicated driveway sections, methods of construction and grading plans, and should be submitted to the Director of Public Works for review and approval. 3. New driveways should have a minimum of 18-inch diameter culverts to insure positive drainage between Chaska Road and Old Chaska Road. 4. The City would cease maintenance of the area known as Old Chaska Road with the exception of work required to repair or maintain the sanitary sewer utility. Joe Glaccum, 6130 Chaska Road, stated several issues related to problems receiving deliveries, and speed on the main roadway seemed to pose the issue of removal of the paved roadway in his area. He stated he had spoken with the Fire Marshal regarding this matter, and Mr. Glaccum believed the plans proposed were a reasonable compromise, and thought they formed a cohesive plan for future use by his family. Mark Laberee, 6180 Chaska Road, stated he thought the proposed removal of this particular paved section of roadway would save the City money in maintenance. He stated he was concerned as two vehicles could not meet and pass one another on the roadway currently. Mayor Love stated the proposal was a good one, as it lowered maintenance costs for the City and reduced hardcover in the area. Turgeon moved, Lizee seconded, Accepting the Petition, subject to Staff Conditions, and Directing Staff to Prepare an Agreement between the property owners and the City. Motion passed 5/0. D. Authorization of Expenditure of Funds for Smithtown Road Sanitary Sewer System Engineer Brown explained, as part of the Smithtown Road Pavement Reclamation Project, it was advised that the sanitary sewer be cleaned and televised along the length of the project to identify issues with the utility, prior to placing a new roadway surface. He then reviewed the three bids received for the project, noting Pipe Services Corporation was recommended for acceptance in this project. . . . REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 12 of 13 Garfunkel moved, Zerby seconded, Authorizing the Expenditure of Funds for the Smith town Road Sanitary Sewer System for acceptance of a bid from Pipe Services Corporation for this project. Motion passed 5/0. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated there was nothing to report on this matter at this time. 2. County Road 19 Intersection Engineer Brown explained representatives of Hennepin County, City Staff from Shorewood and Tonka Bay had met recently to discuss revisions to the plan to access the site of the Smithtown Crossings Shopping Center. 3. Public Safety Facilities Administrator Dawson reported progress continued on the facilities and concrete had been poured for the foundation as part of the West Public Safety Facility construction. He noted all efforts were being made to keep the project on schedule. 4. Prosecutor Appeal Administrator Dawson reported on this matter. B. Mayor & City Council Councilmember Lizee stated it was with profound sadness that the week was marked by the passing of Dorothy Huffman in the South Lake Minnetonka community. She noted it had been an honor to work with her on the Friends of the Southshore Senior Community Center Board, and that Ms. Huffman would be greatly missed. She stated she believed a donation to the Center in her memory would be a fitting memorial for a wondelfullady. Lizee moved, Garfunkel seconded, Donating $100 to the Southshore Senior Community Center in memory of Dorothy Huffman. Motion passed 5/0. Mayor Love stated Council would recess to an EDA Meeting at this time, and would return to Item lOB 1 after the conclusion of the EDA Meeting this evening. Zerby moved, Garfunkel seconded, recessing the Regular City Council Meeting of December 16, 2002, to the Shorewood EDA Meeting at 10:41 P.M. Motion passed 5/0. Lizee moved, Zerby seconded, reconvening the Regular City Council Meeting of December 16, 2002, at 10:45 P.M. . . . . .. REGULAR CITY COUNCIL MEETING MINUTES December 16, 2002 Page 13 of 13 1. City Administrator's Performance Assessment Council reviewed comments received regarding the City Administrator's Performance Assessment. 11. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of December 16, 2002, at 11:18 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary