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061206 CC Reg Min CITY OF SHORE WOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 12, 2006 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; Administrator Dawson; Attorney Keane; Finance Director Burton; Director of Public Works Brown; and Planning Director Nielsen Absent: None B. Review Agenda Lizee moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 22, 2006 Wellens moved, Callies seconded, Approving the City Council Regular Meeting Minutes of May 22, 2006, as presented. Motion passed 4/0/1 with Lizee abstaining due to her absence at the meeting. B. City Council Work Session Minutes, May 22, 2006 Wellens moved, Callies seconded, Approving the City Council Work Session Meeting Minutes of May 22, 2006, as presented. Motion passed 3/0/2 with Lizee and Turgeon abstaining due to their absence at the meeting. 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: Mayor Love reviewed the Items on the Consent Agenda. Callies moved, Wellens seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing request: Part-time Office Assistants CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 2 of 13 C. Accept Proposal for Professional Engineering Services from WSB and Associates, Inc., for the Design of Wood haven Well Motion passed 5/0. 4. MATTERS FROM THE FLOOR Gene German, 5925 Eureka Road, stated he was before Council to ask for its support for public use of the SLMPD firing range. He noted he had spoken to the Mayor and others previously regarding this request. He stated there was an increasing demand for access to firing ranges as a result of more individuals obtaining permits to carry firearms. Mr. German stated he was Minnesota Department of Public Safety certified firearms instructor. He explained there were only two spots available for him to use to conduct this firearms training- one in Robbinsdale and one in Burnsville. He stated not only would it be more convenient to have a local spot to teach, but it would utilize a public building built with taxpayer dollars. Mr. German went on to state using the SLMPD firing range for public uses could provide an additional source of revenue for the SLMPD. Mr. German stated he was one of approximately 20 individuals in the Metropolitan area that had been certified by the American Association of Certified Firearms Instructors. He estimated approximately 15,000 20,000 firearms permit holders resided in the Metropolitan area. In addition, approximately 1,000 individuals attended firearms training each month. Mr. German asked Council to support Mayor Love, who was the City's representative to the SLMPD Coordinating Committee, in bringing this item forward to the SLMPD Coordinating Committee for review and consideration to approve his request. Mayor Love explained it was the SLMPD Coordinating Committee's current policy to rent the firing range to other law enforcement agencies, but not to individuals or organizations. He stated he would ask this item be placed on an SLMPD Coordinating Committee agenda. He then asked the Councilmembers if they would like the topic to be placed on a City Council Work Session agenda for discussion. In response to a question from Councilmember Turgeon, Mayor Love stated the decision was the responsibility of the SLMPD Coordinating Committee. He then stated he was very respectful of the "will" of the Council, but noted only the Coordinating Committee could take a formal vote of action regarding this matter. He also stated issues may be identified during a Council Work Session that would be worth discussion. Councilmember Turgeon stated it was her understanding the Coordinating Committee had voted against allowing the SLMPD firing range to be used by individuals and organizations, and that she had requested a copy of the minutes of the Coordinating Committee meeting when the vote had taken place to provide her insight into the decision. It had been her understanding there had been a plan to open the firing range for public use. Mayor Love stated the Coordinating Committee, at the beginning of the building process, had discussed renting the firing range to the public, but had never agreed to it. He went on to the state the SLMPD building was not designed to support public access to the firing range, nor had the City of Shorewood's zoning requirements been considered with regard to public use of the firing range. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 3 of 13 Councilmember Turgeon stated she had recollected there had been discussion in 2001 of creating something like a "gun club". Therefore, she would prefer Council discuss this item at a City Council Work Session. In response to a question from Mayor Love, Administrator Dawson stated the item could be placed on a July 10,2006, City Council Work Session agenda. Councilmember Callies questioned ifit would be more expeditious for the Council to address it at a City Council Regular meeting, once the necessary background on this topic had been provided. Love stated the Work Session may be better suited for the Council to gain a finer understanding of the issues and concerns associated with the item. Callies supported the item being discussed at a City Council Work Session. 5. REPORTS AND PRESENTATIONS A. Recognition of Service of Park Commissioner Todd Wagner On behalf of the Council and the residents of Shorewood, Mayor Love thanked former Park Commissioner Todd Wagner for his service as a Park Commissioner and provided him with a plaque of appreciation and recognition. Mr. Wagner thanked the Council and the City for the opportunity. He stated he had learned and great deal as a result ofthe experience, and he was hopeful he had made a contribution to the City. B. South Lake-Excelsior Chamber of Commerce request for funds for Lake Minnetonka 4th of July Celebration Linda Murrell, Executive Director of the South Lake - Excelsior Chamber of Commerce, provided an overview of the activities planned for its 2006 Fourth of July celebration. The activities would start with the 30th annual 10k race and end with a fireworks display; and there were activities for various age groups scheduled throughout the day. She noted Robert Robinson would sing with the orchestra in the evemng. Ms. Murrell asked the City of Shorewood for its continued support in funding the celebration. In response to a question from Councilmember Turgeon, Ms. Murrell stated Deephaven, Greenwood, and Excelsior had already committed to supporting the funding effort, and she was addressing the Tonka Bay City Council on June 13,2006. She also confirmed the contributions from those three cities remained the same as in 2005. Callies moved, Lizee seconded, Approving the Budgeted Contribution Amount of $2,200 for Funding of the 2006 Fourth of July Celebration. Councilmember Turgeon stated she would prefer the City contribute an amount equal to what the other cities had contributed. Ms. Murrell stated the amounts the other cities had contributed were relative to the population of the city. Councilmember Lizee stated she would prefer to contribute the budgeted amount of $2,200. Councilmember Turgeon stated she had requested the 2005 contribution be given directly to the South Lake Minnetonka Police Department for its services, and that Council had agreed to do so, but this was not followed through. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 4 of 13 Motion passed 4/1, with Turgeon dissenting. Ms. Murrell explained there was a current fundraising campaign, called the Stars and Stripes. Mayor Love commented this was the last remaining Fourth of July celebration on Lake Minnetonka, and maintaining it required public contributions. C. 2005 Comprehensive Annual Financial Report (CAFR) by Steve McDonald, CPA, and Andrew Berg, CPA Administrator Dawson explained the City of Shorewood's 2005 Comprehensive Annual Financial Report (CAFR) had been reviewed by Steve McDonald of Abdo, Eick & Meyers, and Mr. McDonald would highlight the findings this evening. Mr. McDonald stated there was a "clean" OpInIOn on the financial statements and there was one reportable condition identified during the audit. The condition related to segregation of duties handling money transactions: because of the limited size of the office staff, the City had limited segregation of duties. He explained the reportable condition was not believed to be a material weakness. He commented if a third party were to be involved in some of those duties the condition would be eliminated. He noted there were no instances of non-compliance with Minnesota statutes. He then stated there had been no audit adjustments or corrections of the City's decisions; there had been no major accounting changes; and there had been a minor GASB Statement change that was implemented. Mr. McDonald provided a financial overview of the City's expenditures and revenues. He noted during 2005, the General Fund revenues had exceeded expenditures by $560,958 which resulted in an increased fund balance of slightly under $3.0 million, or 63% of 2006 budgeted expenditures. In addition, the Enterprise Funds (sewer, water, storm water management, recycling and liquor) generally performed positively. The Liquor Funds operating income was approximately $29,445, but the margins were minimal because of operating expenses. With regard to the Water Fund, he explained it was important to maintain the reserve balance of approximately $3.1 million because of the approximate $2.8 million in bonds outstanding. With regard to the Sewer Fund balance, he explained because the Metropolitan Council Environmental Services (MCES) could impose additional surcharges it would be beneficial for the City to conduct a rate study to ensure its rates would support the additional operating expenses while maintaining cash reserves. With regard to Debt Service Funds, he stated the 1993 Improvement and Refunding Bonds had been paid in full, and recommended Council approve a transfer of remaining funds in 2006 to close the fund. He noted the Waterford III Tax Increment Bonds had also been paid in full. He commented the City's debt per capita, which was under $1,000 per person, was relatively low compared to other cities his company audits. With regard to Capital Projects Funds, he explained the MSA Construction balance deficit would be eliminated by 2006 year-end; and the 2005 year-end Street Reconstruction Fund balance of approximately $2.2 million was a significant balance relative to the fund balances of the other capital projects. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 5 of 13 Mr. McDonald reviewed the Governmental Accounting Standards Board (GASB) Statement changes for 2006. He explained all cities were required to implement GASB Statements No. 43 and No. 45, and he noted it should be a relatively simple change for the City. He stated GASB Statement No. 44 would need to be implemented in 2007. Mr. McDonald congratulated the City on receiving the Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association for its CAFR for the fiscal year ended December 31, 2004. In response to a question from Councilmember Callies, Mr. McDonald explained General Fund reserves for working capital should be between 40 - 50%. He had experiences where cities whose reserves above that range would transfer some of the reserves to a permanent capital fund associated with a capital budget for s specific purpose. It was not recommended to spend down reserves. Administrator Dawson stated during the capital budgeting process Council could consider the transfer of General Fund reserves to the Capital Funds. Director Burton stated Staff was in the process of preparing a fund balance reserve policy. It would address tax reduction strategies and transfer of funds. With regard to the Water Fund, Councilmember Callies questioned what the statement "the cash balance is significant as compared to operating expenses" in the report meant. Mr. McDonald stated it was relative to what the City planned to use the fund for over the next 4 5 years. For example, if the City had plans for significant projects the cash balance would assist in buying down the cost of the bonds. Wellens moved, Callies seconded, Accepting the 2005 Comprehensive Annual Financial Report (CAFR) and Recommending the CAFR be sent to the State Auditor for review. Motion passed 5/0. Mayor Love thanked City Staff and Mr. McDonald for all efforts utilized in bringing this report to fruition. 6. PUBLIC HEARING A. 7:00 P.M. - Public Hearing on Proposed Improvements for Watermain Installation as part of the Wedgewood Drive, Mallard Lane, Teal Circle Road Reclamation Project This item was discussed after Item 5.B. Mayor Love opened the public hearing at 7:22 P.M., noting the procedures utilized in a public hearing. Administrator Dawson explained this improvement project was being followed under Minnesota Statute Chapter 429 because special assessment was one way Council wished to consider funding watermain installation improvements. The process of the public hearing provided the property owners the opportunity to provide Council with their perspectives on the improvement project prior to Council taking action on ordering the improvement project and determining what the scope ofthe project would be. Director Brown stated Kevin Kalewski, a project manager with WSB and Associates, was present this evening to review the three watermain improvement options under consideration as part of the Wedgewood Drive, Mallard Lane, and Teal Circle road reclamation project. He explained Mr. Kalewski had assisted the City with numerous past projects. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 6 of 13 Mr. Kalewski reviewed the three watermain improvement options under consideration. He noted the construction costs included a 10% contingency for construction costs, plus 30% of total construction cost for indirect costs (e.g. administrative costs, advertising costs, assessment, etc.) Ootion 1: Option 1 consisted of extending City water throughout the entire road reclamation project corridor, on Wedgewood Drive, Mallard Lane, and Teal Circle. Nineteen of the 37 properties (approximately 51%) adjacent to the project had expressed interest in connecting to City water. The estimated total project cost of $315,350 represented a cost of approximately $8,523 per property, based on 37 properties. He noted City Staff was recommending Option 1. Ootion 2: Option 2 consisted of extending City water to just east of Mallard Lane. Nineteen of the 29 properties adjacent to the project limits (approximately 66%) had expressed interest in connecting to City Water. The estimated total project cost of $234,640 represented a cost of approximately $8,091 per property, based on 29 properties. Ootion 3: Option 3 consisted of extending City water on a portion of Wedgewood Drive. Seven of the nine properties (approximately 78%) of the properties fronting on Wedgewood Drive, between Smithtown Road and the Hennepin County Regional Rail Authority (HCRRA) Trail, had expressed an interest in connecting to City water. The estimated total project cost of $80,080 represented a cost of approximately $8,898 per property based on 9 properties. Mr. Kalewski explained stubs from the trunk main would be extended to the property line. He also explained that under all three of the options, when the property owner decided to connect to City water they would pay the difference between the actual assessment amount and the current connection fee (which is $10,000 for a single residential property, $15,000 for a duplex property, and $20,000 for fourplex property). He also noted there had been an informational meeting with the property owners. Mayor Love opened the Public Testimony portion of the Public Hearing at 7:32 P.M. He asked each property owner to keep their remarks to less than three minutes. Administrator Dawson stated Sharon Starks, 5420 Wedgewood Drive, had submitted her support for Option 2 via email. Councilmember Wellens clarified Steve Gurney, Acting City Engineer, recommended Option 1 not Option 3 as written in Mr. Gurney's report under Item 10.A. Pam Evans, 5460 Wedgewood Drive, stated she did not think affected property owners understood the importance of this Public Hearing, because there were 5 property owners that favored the watermain improvement project that were unable to attend because of conflicts. She then stated she was in support of Option 1, rather than doing additional watermain improvement projects for the same area at a future date. Michael Pressman, 5670 Wedgewood Drive, thanked the Council for its deliberation in considering the watermain improvement project. He asked Council to consider a 20-year assessment to lessen the financial burden on the property owners. Marilyn Swanson, 5455 Mallard Lane, stated the majority of duplex owners on Mallard Lane were not in support of the watermain improvement project. Mayor Love closed the Public Testimony portion of the Public Hearing at 7:37 P.M. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 7 of 13 In response to a question from Councilmember Callies, Director Brown explained Option 1 included in Options 2 and 3, and Option 1 was recommended by Staff. Brown noted Option 3 was the option that reached the 67% property owner petition level. He also noted a four-fifths vote by the Council was required to extend water, even in the absence of a petition. Director Brown stated the petition percentages included the property located at 5640 Harding Lane, because the property owner had expressed interest in City water. Councilmember Turgeon explained one of the properties on Wedgewood Drive had not been occupied in two years as a result of the property owner's death, and another property had not been occupied since March 2006. She suggested the property that had been vacant for two years should not be included in the percentage. Director Brown explained both of those properties had been appropriately counted as a non- response. Councilmember Lizee stated the property owners had been provided numerous opportunities to respond. Brown explained the property must be considered under the Minnesota Statute 429 process. In response to a question from Councilmember Lizee, Administrator Dawson explained the length of the assessment would be determined by Council at the end of the project; the length of assessments had typically been 15 years. Mayor Love closed the Public Hearing at 7:42 P.M. Without objection from the Council, Mayor Love asked that Item 10.A. be considered next. 7. PARKS None. 8. PLANNING Commissioner Conley reported on matters considered and actions taken at the June 6, 2006, Planning Commission meeting (as detailed in the minutes of that meeting). A. Conditional Use Permit - Accessory Space in Excess of 1200 Square Feet Applicant: David Brenke Location: 5980 Cajed Lane Director Nielsen stated David Brenke, who owned the property at 5980 Cajed Lane, had applied for a conditional use permit to construct an attached garage and room addition on his property. The floor area of the new garage would be in excess of 1200 square feet, necessitating a conditional use permit. The property was zoned R-IA, Single-Family Residential and contained 40,983 square feet of area. He then stated the existing house plus the new addition would contain approximately 1462 square feet of floor area on one floor, and the proposed garage would contain an additional 1408 square feet. He noted the new garage would be attached to the south side of the house. Nielsen then reviewed how the applicants proposal complied with the four specific criteria for granting this type of conditional use permit, as specified in Section 1201.03 Subd.2.d(4) of the Shorewood Zoning Code. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 8 of 13 1. The total area of accessory space (1408 square feet) did not exceed the total floor area above grade of the principal structure (1462 square feet). 2. The total area of accessory space did not exceed ten percent of the minimum lot area for the R-1A zoning district (.10 x. 40,000 square feet = 4000 square feet). 3. The proposed garage complied with the setback requirements of the R1-A zoning district. Removal of the existing garage would eliminate a nonconforming structure. Hardcover on the property would only amount to 13.7 percent. 4. The new garage would be integrated into the architecture of the existing home. As such the roof lines, materials and architectural character of the garage would be consistent with the principle dwelling. Director Nielsen stated the Planning Commission recommended approval of the conditional use permit as requested. Callies moved, Turgeon seconded, Approving RESOLUTION NO. 06-042, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to David Brenke, 5980 Cajed Lane." Motion passed 5/0. B. Minor Subdivision Applicant: Location: Anne and Jack Carter 5705/5725 Smithtown Way Director Nielsen stated Anne and Jack Carter had arranged to purchase the properties located at 5705 Smithtown Way and 5725 Smithtown Way. They proposed combining the two lots, and then re- subdividing the combined lot into two lots. He stated the property was zoned R-1C, Single-Family Residential, and was currently occupied by a single-family residence and a detached garage. The two proposed lots would contain 20,030 square feet (Parcel A) and 41,725 square feet (Parcels Band C combined). Nielsen noted the Carters ultimately want to subdivide the 41,725 square-foot lot into two lots, a 21,149 square-foot lot (Parcel B) and a 20,576 square-foot lot (Parcel C) and demolish the old house and garage, once a new house had been built on the Parcel A. Nielsen then stated all three of the proposed lots would comply with R-l C zoning district requirements. Sanitary sewer was available to the new lots, noting new services would have to be constructed at such time as someone applied for a building permit. He stated Staff recommended the combination/minor division be approved subject to the following: 1. The applicants' surveyor should revise the survey to show that Parcels Band C would be at least 100 feet wide at the building line (front setback). 2. The applicants must provide legal descriptions for the proposed lots. One simplified description must be written for Parcels Band C as a single parcel. 3. The applicants must provide legal descriptions and deeds for drainage and utility easements, 10 feet on each side of each lot line. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 9 of 13 4. The applicants would have to request a vacation of the existing drainage and utility easements on the property. It would probably be easiest to simply vacate all the current easements and then dedicate the new ones as specified above. 5. The applicants must provide an up-to-date (within 30 days) title opinion for review by the City Attorney. 6. Items 1-4 must be submitted prior to the request being scheduled for City Council review, but no later than 30 days. 7. Since no additional lots would be created at this time, no additional park dedication or sewer access fees would be required at this time. Upon re-subdivision of Parcels Band C, the applicants would have to pay the park and sewer charges that would be in effect at that time. 8. Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation can be addressed at the time building permits were applied for. Director Brown stated when the sewer service for Parcel A was installed, a second service should be put in at the same time to avoid cutting into the street twice. Nielsen stated the Planning Commission recommended approval of the combination/minor subdivision subject to Staff recommendations. Lizee moved, Wellens seconded, Directing Staff to Prepare a Resolution Approving a Combination / Minor Subdivision for Anne and Jack Carter, 5705/ 5725 Smithtown Way, Subject to Staff Recommendations. In response to a question from Councilmember Turgeon, Director Nielsen explained the Carters would have to have ownership of the property before they could file the resolution. He noted the resolution would come before Council at a July 10,2006, City Council meeting. Motion passed 5/0. C. Minor Subdivision Applicant: Location: Ann Meldahl 6180 Cathcart Drive Director Nielsen stated Ann Meldahl, who owned the property at 6180 Cathcart Drive, had changed her mind regarding the proposed subdivision of her property (per her letter, dated 15 May 2006). He explained the new proposal was the same application she made in October 2005 and, with the exception of the issues related to a conditional use permit, Staffs recommendations remain the same as stated in the 27 October 2005 Staff report. Nielsen then stated the proposed configuration would establish a building site that would front on Cathcart Drive rather than West 62nd Street, and would result in a building pad location with a higher elevation and the drainage pattern being maintained. He noted the subdivision would comply with the requirements ofthe R-1A, Single-Family Residential zoning district. Nielsen went on to state Staff suggested all the current easements be vacated and then dedicate the new ones as specified for the new configuration of the lots. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 10 of 13 Nielsen stated the Planning Commission recommended approving the minor subdivision subject to Staff recommendations 2 - 6 that were identified in the 27 October 2005 Staff report, noting Staff recommendation 1 had been satisfied. Lizee moved, Wellens seconded, Directing Staff to Prepare a Resolution Approving a Minor Subdivision for Ann Meldahl, 6180 Cathcart Drive, Subject to Staff Recommendations. In response to a question from Councilmember Lizee, Director Nielsen explained the placement of a "sight or scenic" easement over the portion of the northerly lot that would affect any view was a private matter between the Meldahls and the individuals to whom they sold the new property. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Hazardous Building Removal Order to Repair or Remove Location: 20965 Forest Drive Director Nielsen stated the City had received a number of complaints relative to the property located at 20965 Forest Drive. Since the time of the first complaint, ownership of the property had changed. The property owner had been sent Notices to Remove for violations of City Code. The Building Official had become increasingly concerned with the physical integrity of the building. When the concerns were brought to the attention of the current owner of the property, he had indicated the building would be demolished in conjunction with the construction of a new house, once the road restrictions were lifted. Todate, nothing had been done. Nielsen stated Staff now recommended the building be condemned, based upon inspections made by the Building Official and the Fire Department. He then reviewed the reasons the building was deemed hazardous. Mayor Love thanked Director Nielsen and Staff for their efforts on the matter. Councilmember Lizee expressed concern with the fact the hazardous building could remain unsecured for ten days following the approval of the order to secure the building for reasons of safety. Director Nielsen stated the gas and power supplies to the building were shut off. Councilmember Wellens stated he had observed the building and it was definitely hazardous. Wellens moved, Lizee seconded, Approving the Order to Secure the Hazardous Building Located at 20965 Forest Drive. Motion passed 5/0. Wellens moved, Lizee seconded, Approving the Order for Removal or Repair of the Hazardous Building Located at 20965 Forest Drive. In response to a question from Councilmember Turgeon, Director Nielsen explained the City was required to provide the property owner the option to repair the building. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 11 of 13 B. Appeal Notice to Remove and Zoning Violation Notice Appellant: Mary Echols Location: 4960 Suburban Drive Director Nielsen stated Mary Echols, who owned the property located at 4960 Suburban Drive, had received a Notice to Remove dated May 12,2006. He then stated Ms. Echols had requested a two-week extension to remove the items in violation of the City Code. Nielsen noted the property had been inspected on June 12, 2006, and reported the property had been cleaned up substantially. He went on to state Ms. Echols also requested an additional 60 days in which she would use the building materials stored on the property. Nielsen stated Ms. Echols questioned the zoning violations, stating that one of the structures was a fish house and should be counted as recreational equipment, and she requested a height variance for one of the sheds. He explained the City Code required a conditional use permit to exceed two accessory buildings, and the detached structures were limited to one story and 15 feet height. He stated Ms. Echols expressed a desire for a variance to the 15-foot height requirement, and he noted she would have to adhere to the variance procedure to achieve that. Staff recommended Ms. Echols apply for a conditional use permit and a variance as soon as possible, acknowledging it would take time for survey work to be completed before the applications could be started. Mary Echols, 4960 Suburban Drive, questioned the need for a survey. Director Nielsen explained both a conditional use permit and a variance require survey work to determine the location of the buildings on the property. In response to a question from Councilmember Turgeon, Director Nielsen stated Ms. Echols should make an effort to meet the July 5, 2006, date for applying for the c.u.P. and variance. He then stated if the survey work could not be completed by that date, then the applications must be completed no later than August 1,2006. Mayor Love clarified that either the property had to be brought into compliance or the applications for a c.u.P. and variance must be filed no later than August 1,2006. Ms. Echols questioned why a car port was considered a detached structure. In response to a question from Councilmember Callies, Director Nielsen stated Council did not need to take action with regard to cleanup of the property as much of the cleanup had been completed. Callies moved, Wellens seconded, Approving an Extension to August 1, 2006, for Either the Filing of Applications for a C.U.P. to Exceed Two Detached Structures and a Height Variance for a Detached Structure, or the Property to Become Compliant with the Zoning Code, for Mary Echols, 4960 Suburban Drive. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Approval of Plans and Specifications, and Ordering Advertisement for Bids for Watermain Installation as Part of Wedgewood Road, Mallard Lane, Teal Circle Road Rehabilitation Project CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 12 of 13 (This item 10.A. was discussed after Item 6.A.) Councilmember Wellens stated from his perspective the absence of a response should be considered as opposition; therefore, he would support Option 2 because of its greater percentage of supporting property owners and the lower cost to the property owners. Councilmember Callies stated she supported Option 1 (which she thought was the most responsible option), because it was the Council's responsibility to make decisions based on current and future property owners; and, watermain extensions should be completed in the most cost-effective way possible. Councilmember Turgeon stated she could support either Option 1 or Option 2, noting she did have some empathy for the duplex property owners on Mallard Lane who were not in favor of the watermain extension. She went on to state she would be more comfortable with supporting Option 2. Councilmember Lizee stated she supported Option 1. She explained it was more efficient to implement the watermain extension in conjunction with the road reclamation, storm water management, drain tiles, etc. project. She suggested if Option 2 or Option 3 were implemented, the road reclamation project should end where the watermain installation ended. Director Brown clarified the Staffs recommendation for the road reclamation project would encompass the entire corridor as planned. Mayor Love commented the percent of property owners in support of the watermain extension was to provide guidance to Council, not to restrict Council's decisions regarding water. He stated it was important to extend the watermain throughout the road reclamation project corridor. Councilmember Callies stated she thought the four-fifths vote was a requirement of Statute 429, and all the Councilmembers were in favor of some type of assessment. Administrator Dawson clarified the four- fifths vote was also necessary to determine the scope of the project. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 06-043, "A Resolution Ordering Improvement, Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids for Watermain Installation as Part of Wedgewood Road, Mallard Lane, Teal Circle Road Rehabilitation Project for the Entire Project Corridor (Option 1)." In response to a question from Councilmember Turgeon, Councilmember Wellens stated he would not support Option 1 because 49% of the property owners were not in support of the watermain extension, again noting he counted the absence of a response as not in support of the extension. Councilmember Turgeon commented the number of supportive responses in the Mallard Lane area was significant; and she respected Councilmember Lizee's comments with regard to road reclamation. Mayor Love stated Council had a responsibility to consider extending water throughout the entire road reclamation project corridor. He then stated Council also needed to make decisions based on the future of the City. Therefore, he would support Option 1. In response to a question from Counci1member Wellens about the possibility of looping watermain in Wedgewood Drive to another watermain, Director Brown stated cost was the factor in determining not to connect Wedgewood Drive and County Road 19 at this time. The City could initiate looping the watermain at a future date, and most likely at city expense. This route would be most lifely for looping. Motion passed 4/1, with Wellens dissenting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING June 12, 2006 Page 13 of 13 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated there was continued progress with the EFD Fire Chief selection process. He stated initial candidate interviews would be conducted on June 13 - 14, 2006. The goal was to complete the process by July 31, 2006, and to have the new fire chief working by late August. B. Mayor & City Council At the request of Mayor Love, Attorney Keane explained all four SLMPD member cities had a question of interpretation of the intent of the SLMPD Funding Arbitration Order. Therefore, the member Cities prepared a letter dated June 9, 2006, to the Arbitration Panel requesting clarification of the order. Administrator Dawson stated he would distribute a copy of the letter to Council. Mayor Love stated he briefly attended the City of Greenwood's 50-year celebration, and he informally congratulated Greenwood Councilmembers on behalf of the City Council. 12. ADJOURN Lizee moved, Wellens seconded, Adjourning the Regular City Council Meeting of June 12, 2006, at 8:37 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder /~ ,/,\ ) / /i Ul I / / I C)L L~--- Woody Love, Mayor ATTEST: