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021405 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 14, 2005 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee, Turgeon and Wellens; Attorney Keane (arrived 7:01 P.M.); Engineer Brown, and Planning Director Nielsen Absent: Administrator Dawson and Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda for the meeting, noting Director Nielsen would be the Acting City Administrator for this meeting. Turgeon moved, Lizee seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session, January 24,2005 Wellens moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of January 24, 2005, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 24, 2005 Wellens moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of January 24, 2005, as presented. Motion passed 5/0. 3. CONSENT AGENDA Turgeon moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Adopting RESOLUTION NO. 05-011, "A Resolution Approving Licenses for Tree Trimmers." D. Approval of Request from Lake Minnetonka Wells Fargo Half Marathon to traverse the City on Sunday, May 1, 2005 . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES February 14, 2005 Page 2 of9 E. Adopting RESOLUTION NO. 05-012, "A Resolution Supporting the Application by Senior Community Services for Community Development Block Grant (CDBG) Funding from the Hennepin County Consolidation Pool." F. Adopting RESOLUTION NO. 05-013, "A Resolution Declaring Adequacy for Public Improvement for Michael Catain, 4550 Enchanted Point." G. Approving a Sign Permit Request for Sign Lighting Maintenance and Electric (for Cafe Lettieri's), 19215 State Highway 7." H. Granting an Appeal for "Notice to Remove" for Tom Brausen, 25125 Glen Road. I. Approving a Motion Accepting Proposal for Professional Services - KLM Engineering for Inspection Services of T-Mobile Antenna Installation located at 5500 Old Market Road. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING A. Fees for Land Use Applications and Permits Mayor Love opened the Public Hearing at 7:04 P.M. Acting Administrator Nielsen explained this matter was an annual review of fees handled by ordinance and thus, a public hearing was necessary. He stated Staff had examined previous cases, noting the City wished to recover the costs of expenses to process variances and other matters through the implementation and collection of these fees. He went on to explain the City's fees were outdated in some instanCf.; 1m increase had been proposed in those fees. He also noted Shorewood's fee schedule, upon comparison '\vith other municipalities, was within an appropriate range for these fees as proposed. Seeing no one present wishing to address this issue, Mayor Love closed the Public Testimony portion of the Public Hearing at 7:08 P.M. Mayor Love thanked Staff for the effort on this issue and stated he believed the review was appropriate. Councilmember Callies agreed. Wellens moved, Lizee seconded, Approving the Fees for Land Use Applications and Permits as proposed. Motion passed 5/0. CITY OF SHOREWOOD REGULAR MEETING MINUTES February 14, 2005 Page 3 of 9 . 7. PARKS A. Report on Park Commission Meeting Held February 8, 2005 Engineer Brown reported on matters considered and actions taken at the FebruaI)' 8, 2005, Park Commission Meeting (as detailed in the minutes of that meeting). B. Approval of a Monument Sign for Freeman Park Plaza Engineer Brown reported Mr. Ken Dallman, President of the Shorewood Parks Foundation, and Mr. Peter Knoll had appeared before the Park Commission at its February 8, 2005, meeting, to request approval of a memorial sign for the Freeman Park Plaza. Mr. Dallman had described the memorial plaque as a 12" by 18" plaque that would be permanently fastened to a large rock approximately 24-36 inches in height. Engineer Brown also noted that since weight restrictions would be enforced during the time period the applicants wish to hold a dedication ceremony, the contractor for this project would need to place the rock prior to March 1 sl or provide transportation that would meet the restricted requirements. He also noted the Park Commission had recommended approval of this request unanimously. Lizee moved, Callies seconded, Approving a Request for Placement of a Monument Sign for Freeman Park Plaza as presented. Mayor Love thanked all parties involved in this project, and while it had been a long process, he greatly . appreciated the efforts of the residents, Parks Foundation, City Commissions, and Staff in this matter. Motion passed 5/0. 8. PLANNING Commissioner Gagne reported on matters considered and actions taken at the February 1, 2005, Planning Commission Meeting (as detailed in the minutes of that meeting). 9. GENERAL/NEW BUSINESS A. Appointment to the Minnetonka Community Services and Education (MCES) Advisory Council Acting Administrator Nielsen explained this item had been continued from the JanuaI)' 24, 2005, Regular City Council meeting. At that time, Council had requested clarification regarding appointments to be made to the Minnetonka Community Services and Education (MCES) Advisory Council. Tad Shaw, 5580 Shore Road, had expressed a desire to continue representing Shorewood on this Board for the Year 2005. No other applicants had applied for this position. . Callies moved, Wellens seconded, Adopting RESOLUTION NO. 05-014, "A Resolution Making an Appointment to the Minnetonka Community Education Services Advisory Board." Motion passed 5/0. B. Revised Proposal for Process to Address SLMPD Issues CITY OF SHOREWOOD REGULAR MEETING MINUTES February 14, 2005 Page 4 of 9 . Acting Administrator Nielsen explained all member cItIes of the South Lake Minnetonka Police Department, as well as the SLMPD Coordinating Committee, had approved the latest process presented for moving toward resolution of the remaining issues regarding the SLMPD budget and Joint Powers Agreement (JPA). He explained all other member cities had authorized execution of a letter to engage the services of a facilitator with the exception of Shorewood. He requested Council consider this action. Turgeon moved, Lizee seconded, Authorizing proceeding with the facilitated process to address the member cities' issues regarding the South Lake Minnetonka Police Department. Councilmember Wellens stated he remained hesitant to support this action as he thought the City of Excelsior needed to explain its issues of concern ahead of entering the process for resolution. He stated he was in favor of the process of bringing resolution to these issues in this manner; however, he could not justify the expenditure ofa facilitator without the City of Excelsior clearly identifying its issues. Mayor Love stated he had waited a long time for clarification of the remaining issues, and he believed these issues would now be revealed as part of the facilitated process. He strongly encouraged Councilmember Wellens to support this action for these reasons. Councilmember Turgeon stated she understood the doubts of Councilmember Wellens; however, she was hoping the City of Excelsior would not expend any more funds without clarification. She stated she was very optimistic about this process of resolution, and she believed this action before the Council was a start to bringing resolution long overdue. Mayor Love agreed. . Councilmember Wellens stated he struggled to understand the remaining issues of concern in this matter, as there were many new members on each of the member cities' councils. . Mayor Love stated he fully respected the views ofCouncilmember Wellens in this matter. Motion passed 5/0. C. Planning Commission Appointments Acting Administrator Nielsen stated Council had interviewed several candidates for the openings on the Planning Commission. He noted two seats were for a three-year term from March I, 2005 through February 29,2008; and one seat was for a two-year term from March 1, 2005, through February 29,2007. Callies moved, Turgeon seconded, Adopting RESOLUTION NO. 05-015. "A Resolution Making Planning Commission Appointments," appointing Richard Woodruff and David Meyer to three-year terms from March 1,2005, through February 29, 2008; and Robert Gagne for a two-year term from March 1, 2005, through February 28, 2007. Motion passed 5/0. Mayor Love stated this was the first time in recent history that there were more applicants than positions available. He stated he appreciated all residents that expressed an interest in these positions. . Councilmember Callies stated she, too, appreciated all the residents expressing a willingness to be pali of the Commissions as the positions would take a great deal of work and communication. She stated she thought this type of response indicated that there was a strong sense of community within the City of Shorewood. CITY OF SHOREWOOD REGULAR MEETING MINUTES February 14, 2005 Page 5 of9 . Motion passed 5/0. 10. ENGINEERINGIPUBLIC WORKS A. Appeal for Compensation for Sanitary Sewer Charges, 5590 Charleston Circle, Water Street Homes, Inc. Engineer Brown explained Staff had received a request for an appeal of a decision regarding compensation from the City for the extension of a sanitary sewer service, constructed within the public right-of-way of Charleston Circle. This service was to serve the newly constructed house at 5590 Charleston Circle. He noted the property owner wished to secure a quick resolution to this matter for sale and closing on the property. . Engineer Brown further explained the information supplied regarding this request indicated the contractor's engineer had made an application to excavate and locate utilities for the site as part of the construction process. The location of the utility service had been the responsibility of the design. engineer for the original plat dating from the late 1980's; however, once the excavation was underway, the utilities were not in the location as planned. Engineer Brown stated there were no verification practices in place at the time the land was platted, and while this was an unfortunate error on the City's part, it would not have had a bearing on performing the sanitary sewer service connection as the homeowner was responsible for making the connection to the street from the house. The contractor did not agree with City Staff in this matter, and thus, had requested reimbursement in the amount of $3956.75. Engineer Brown stated City Staff had reviewed the submitted invoice and believed there were certain items on the invoice that should not have been included. Mayor Love questioned whether a representative of Water Street Homes was present this evening to speak on this matter. No one present indicated such a position. Councilmember Wellens questioned whether it would be possible to seek recourse from the design. engineering firm responsible for the location of the sanitary sewer access for the project. Engineer Brown indicated the firm still existed; however, it had been purchased by another firm and currently operated under different ownership. Councilmember Wellens requested recourse be obtained through the engineering firm. In response to Councilmember Callies' question, Engineer Brown explained the current City sanitary sewer ordinance put the cost of the connection of the service line to the main in the street upon the homeowner. Mayor Love stated, in his professional experience, it was not uncommon to have difficulty locating the sanitary sewer stub in new construction projects. Due to the absence of a representative from Water Street Homes, and without objection from the Council, Councilmember Turgeon requested this item be revisited as the last item on the Agenda for the evening in order for a representative to appear at this meeting. B. Radisson Road Presentation . Engineer Brown explained on December 2, 2004, the City of Shorewood hosted an open house/public information meeting regarding safety and traffic concerns that had been brought to the City's attention via . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES February 14, 2005 Page 6 of9 a petition from several residents along Radisson Road. He noted there were many residents from that area that attended the information meeting. Furthermore, he explained, at that meeting, Chuck Rickart, ofWSB & Associates, presented four alternatives to assist the City and the neighborhood in evaluating what changes might be feasible from a cost and engineering viewpoint. While numerous comments were received during that meeting, Staff invited residents to continue to submit written comments to be incorporated into the traffic study. He stated those comments along with the conclusion of the traffic analysis had been incorporated into information shared with Council. He then introduced Mr. Rickart to Council for further detailed information on the study and its subsequent alternatives for resolution. Mr. Rickart briefly reviewed the issues and background of the study, noting the primary issues related to the Radisson Road project were the safety of the roadway and cut-through traffic on the roadway. He also noted the traffic analysis indicated, that although the traffic volume during the AM and PM peak hours was quite low (106 vehicles in the AM and 119 in the PM), there was a cut-through traffic issue ranging from 30% in the AM peak hour to 68% in the PM peak hour. He then reviewed the four alternatives including the cost and public consensus for each alternative. Mr. Rickart stated Alternative 1 included reconstruction or widening of Radisson Road, with the consensus indicating this was not a good option. Alternative 2 included signing and striping improvements, with consensus indicating this might help the situation. The third alternative was to close street access, with consensus considering this a good alternative, but having additional impacts to surrounding neighborhoods. The fourth alternative was to make Radisson Road a one-way street, and consensus indicated this to be a good alternative. Based on these conclusions, Mr. Rickart offered the recommendation that on a trial basis the City should create an eastbound, one-way between Merry Lane and Radisson Road Entrance. This trial should be conducted over a minimum nine-month period from April to December. This would incorporate both school traffic, recreational traffic and the winter conditions along Radisson Road. During this trial, pedestrian traffic would be monitored to determine impacts and potential solutions. He also suggested improving the signage along Radisson Road, specifically at horizontal and/or vertical curves that did not meet typical design speeds. A second public meeting would then be held in late June 2005 to discuss the outcome of the trial and signing improvements. Engineer Brown stated City Staff was in agreement with Mr. Rickart's recommendation for a one-way designation of Radisson Road for a nine-month trial basis. He also noted one additional communication had been received from Mr. Michael Fannon, 5625 Christmas Lake Point, opposing this recommendation. Councilmember Turgeon questioned whether there had been any consideration given to temporarily blocking off Brom's Boulevard as well as how the recommendation had been decided upon based upon information received. Mr. Rickart stated he had heard that suggestion from residents; however, he had received more information supporting a one-way street, and this option was believed to be more cost-effective. Engineer Brown stated residents on Covington Road had not been notified of an option such as blocking off Brom's Boulevard, and he believed that action would have the potential to shift traffic from the Radisson Road neighborhood to the Covington area. In response to Councilmember Turgeon's question, Mr. Rickart stated he would ask representatives of Minnesota Department of Transportation (MNDOT) to review the timing of the signal at the intersection of Old Market Road and Highway 7. Engineer Brown stated he had addressed this issue with MNDOT in the CITY OF SHOREWOOD REGULAR MEETING MINUTES February 14, 2005 Page 7 of9 . past to no avail, as it had stated no additional allocation of green time would be given to this signal. Councilmember Turgeon stated this intersection would direct people to alternate roadways and perhaps a review at this time would be beneficial. Councilmember Callies stated she had received a phone call from Shorewood resident Paul Sifort regarding a concern that the Radisson Road entrance could be utilized as a traffic turnaround point. Mr. Sifortstated this would generate additional traffic in that area and he questioned how to protect the Radisson Road entrance from becoming a thoroughfare. Mayor Love then questioned whether there were any members of the audience wishing to address Council on this issue. Glen Kessel, 21095 Radisson Road, stated he was opposed to the one-way alternative as it would make it very inconvenient for his family to go to Excelsior. He did not think traffic would be decreased as a result' of this alternative and he supported the signage option. . Dennis Jabs, 20915 Radisson Road, stated he requested Council study this issue in 2000. He stated he had lived at his residence for approximately 20 years, and acknowledged safety and cut-through traffic were the biggest problems in that area. He believed Radisson Road acted as a frontage road in times of road construction, snowfall, or accident on Highway 7. He also stated he was concerned the study had been conducted on a single day one year ago when none of the factors he referenced had taken place; thus, the study provided a small picture of the actual situation. Mr. Jabs also stated he thought the only way to eliminate all concerns was to close the roadway at the top of the hill. Further, he stated the traffic study provided a temporary fix at best, and it was in the wrong direction. He thought the analysis did not support the one-way conclusion, and he then distributed a breakdown of comments related to each alternative, noting the recommended alternative did not represent the wishes of the local residents in that area. Kali Rogers, 20960 Radisson Road, stated she agreed with Mr. Jabs, but believed signage might help. She also stated she thought the City should examine the possibility of blocking off the access to Radisson Road from Brom's Boulevard as she did not believe the one-way alternative was going to prove beneficial. Roy Wagner, 21055 Radisson Road, stated he had not been present at the December public information meeting on this topic; however, he had lived on Radisson Road for the past twenty years, and believed traffic volumes had actually decreased over time. He did not think the alternatives proposed addressed the safety issues presented, and he thought a one-way street in that area would simply complicate matters. He suggested the City consider holding another public information meeting on the topic to secure additional comments. Councilmember Turgeon stated she did not believe the one-way option would solve the problems in that area. Engineer Brown stated he believed cut-through traffic would be greatly discouraged with this alternative as traffic would potentially be routed through Covington Road. He also stated that from an operational standpoint in reviewing the situation, the preference would be to have the one-way be directed westbound. However, to reconstruct the driveway that would be necessary would be difficult and expensive, and thus the eastbound route was a forced option. . Councilmember Callies stated she thought there still remained several alternatives available including a combination of alternatives presented. She stated she was uncertain the exact solution had been found at this point in the process. Engineer Brown stated he thought the residents along Covington Road should be . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES February 14, 2005 Page 8 of9 made aware of the potential alternatives, in effort to consider potential impacts from those residents that would be most impacted by any combination of alternatives including closure of Brom's Boulevard. Councilmember Lizee stated she did not believed signage would be beneficial in the long term; however, she did think the eastbound one-way alternative in that area would be worth trying to determine resolution. Councilmember Turgeon stated she was uncertain of the recommendations presented without the input from the Covington Road residents. Councilmember Callies stated she did not think the one-way alternative was the best solution, as it affected the neighborhood's ability to move east- and westbound on this roadway, and it seemed Covington Road would be quite involved as a route to be traveled. She thought there remained several additional options for study. Mayor Love stated he appreciated the time spent by Council on this issue and its process. He requested another meeting take place including the Covington Road residents, and to continue to see other options explored to answer the question of safety in that area. Engineer Brown stated he would continue to work through the alternatives presented to determine a responsible combination, if possible. and would report back on the issue at the next Council meeting. Item lOA: Mayor Love then returned to Item lOA for additional consideration, and noted there were several options for Council consideration. He also noted there were no representatives from Water Street Homes present this evening. Councilmember Callies questioned whether the homeowner would be responsible for the extension of the sewer main, and whether the homeowner would be obligated to find and pay for a connection to the main. Engineer Brown responded affirmatively. Turgeon moved, Wellens seconded, Denying the Request for Appeal for Compensation for Sanitary Sewer Charges, 5590 Charleston Circle, Water Street Homes, Inc. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown stated he had exhausted all possibilities of finding a product that would adhere to the roadway surface in the cold temperatures to enhance the centerline striping in the northbound lanes of County Road 19. He also explained representatives of Hennepin County had declined other requests for this striping due to the snowplowing efforts necessary in winter. He also noted meetings continued with regard to utility location in the construction areas. With regard to Gideon Glen, he believed communications had not adequately taken place with regard to the impacts to Gideon Glen prior to construction of the drainage pond. To that end, he wanted to alert Council and residents that trees would need to be removed near the Truffle Hill Chocolate location and would be reforested at a later date. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES February 14, 2005 Page 9 of9 B. Mayor & City Council Mayor Love noted he had received a phone call from Mayor Anderson of Deephaven, noting the City of Deephaven had no plans to withdraw from the Joint Powers Agreement of the Excelsior Fire District. Mayor Anderson had stated his concerns had been related to response times to various parts of the EFD. Mayor Love noted Deephaven would have a Work Session meeting on Thursday, February 24, 2005, regarding these issues. 12. ADJOURN Lizee moved, Wellens seconded, Adjourning the Regular City Council Meeting of February 14, 2005, at 9:03 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary /1 I/~J (j~/ Woody Love, Mayor