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072406 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 24, 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; Associate Attorney Mayeron; Finance Director Burton; Planning Director Nielsen; Director of Public Works Brown; and Acting City Engineer Gurney Absent: None B. Review Agenda Lizee moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, July 10,2006 Callies moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of July 10, 2006, as Amended, in Item 9.A., Page 9, Paragraph 5, Sentence 1, change "Councilmember Wellens questioned if there were systemic problems, as there were five years of significant maintenance and operational expense increases." to "Councilmember Wellens noted that the EFD had existed for five years; and given the significant budgeting errors and variances, he questioned if there were systemic problems in governance that needed to be addressed." Motion passed 5/0. B. City Council Work Session Minutes, July 10,2006 Callies moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of July 10,2006, as Amended, in Item 3, Page 4, Paragraph 5, Sentence 1, change "Councilmember Wellens stated using the range for Mr. German's purpose would allow the SLMPD personnel to meet the concealed-carry permit holders. It was also a source of revenue." to "Councilmember Wellens stated using the range for Mr. German's purpose would allow the SLMPD police officers to meet the concealed-carry permit holders, and that could be useful for public relations between citizens and officers. He went on to state concealed carry existed, and Council needed to accept the reality and shift its' paradigm. He then stated the point was not concealed carry, but whether or not Council wanted citizens to have easy access to training, as it had done for the SLMPD police officers. Use of the firing range would elevate the seriousness of carrying a concealed weapon to trainees. He also stated that service could be offered to constituents at no cost, and it could very likely become a source of revenue. The firing range should not be regarded as an exclusive club, but as a public facility that the public had funded; and Council should consider giving the public access. Mayor Love stated he did not think the question with regard to the use of the firing range CITY OF SHOREWOOD COUNCIL REGULAR MEETING July 24, 2006 Page 2 of 10 for concealed-carry permit training was a referendum of the concealed carry law." Motion passed 5/0. 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: Mayor Love reviewed the Items on the Consent Agenda. Wellens moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - Liquor Store Staffing C. Adopting RESOLUTION NO. 06-049, "A Resolution Accepting Change Order No. 1, Accepting the Crescent Beach Culvert Replacement Project and Authorizing Final Payment, City Project No. 05-13." D. Adopting RESOLUTION NO. 06-050, "A Resolution Accepting the Christmas Lake Road Culvert Replacement Project and Authorizing Final Payment, City Project No. 05-12." E. Community Rec. Resources (CRR) 2006 First and Second Quarter Report F. Appeal Notice to Remove Appellant: Tim Soboleski Location: 6025 Apple Road G. Appeal Notice to Remove Appellant: Kelly Krauss Location: 5555 Eureka Road H. Re-Appeal of Extension of Time Appellant: Mary Echols Location: 4960 Suburban Drive Motion passed 5/0. 4. MATTERS FROM THE FLOOR This was discussed after Item 11.B Mayor Love stated he had spoken with Deputy Chief Nieling and understood there had been two complaints the weekend of July 22 - July 23, 2006, with regard to smoke emissions. The call reports stated Mr. Quast's outdoor wood-burning furnace was cold which indicated it had not been used recently. The assessment by Police and Fire was the smoke emissions were coming from recreational fires. Love asked the neighborhood residents to continue to report their complaints, and Council and Staff would CITY OF SHOREWOOD COUNCIL REGULAR MEETING July 24, 2006 Page 3 of 10 continue to monitor the complaints. He stated the Planning Commission would review the nuisance ordinance as it related to smoke emissions at its meeting on August 1, 2006. Steven Pahl. 24860 Smithtown Road, stated he had additional information that he had compiled with regard to Mr. Quast's type of outdoor wood-burning furnace. He stated would leave it for Staff. Colette Theis. 5650 Christopher Road, stated she had not felt it was appropriate to call 911 over the last week to report the smell of smoke. Mayor Love stated calling 911 was the appropriate way to contact the SLMPD; it was the only way the complaints could be documented. Director Nielsen suggested the public request the SLMPD when calling 911, because over the weekend the EFD received one of the complaint calls and responded with a firefighter crew. Love stated the complainant could explain to the dispatcher the reason for the call. David Cooley. 24725 Smithtown Road, stated if Mr. Quast was only using his furnace for heating water it could have cycled off, which could have been the reason the furnace was cold. Mayor Love stated it was "stone" cold. Administrator Dawson related that Mr. Quast stated he was currently using electricity for hot water. Administrator Dawson noted the EFD report stated the furnace was cold and clean. Shirley Bergslien. 24785 Smithtown Road, stated it was approximately twenty minutes from the time she had smelled smoke before a 911 complaint call had been placed. She stated she and her daughter had walked to the corner and by the time they got there the direction of the smoke had changed. Ms. Bergslien stated she was tired all the time, and her husband fell asleep every day. She was going to take her husband to the doctor for a checkup, because she was deeply concerned about his health. She commented how much she appreciated being able to have the windows open when there were no apparent smoke emissions. Mayor Love again stated both the SLMPD and EFD had responded to smoke emissions complaint calls over the past weekend; their reports indicated there had been smoke in the air, but Mr. Quast's furnace was cold and clean. He then stated the neighborhood residents were welcome to come to the Council meetings and they were welcome to be updated; and the Planning Commission was going to review the nuisance ordinance as it related to smoke emissions. He also stated Mr. Quast was making improvements he hoped would help mitigate the neighbors concerns. 5. REPORTS AND PRESENT A TIONS A. Recognition of Service of Park Commissioner Judy Farniok Judy Farniok was not present at the meeting to receive a plaque of appreciation and recognition for her two years of service as a Park Commissioner. On behalf of the Council and the residents of Shorewood, Mayor Love thanked former Park Commissioner Judy Farniok for her service. The plaque would be mailed to Ms. Farniok. 6. PUBLIC HEARING None. CITY OF SHOREWOOD COUNCIL REGULAR MEETING July 24, 2006 Page 4 of 10 7. PARKS There was no report given. 8. PLANNING - Report by Representative Commissioner Woodruff reported on matters considered and actions taken at the July 18,2006, Planning Commission meeting (as detailed in the minutes of that meeting). A. Conditional Use Permit Applicant: St. John the Baptist Catholic Church Location: Cemetery of the Resurrection, 5555 Covington Road Director Nielsen stated in January 2003, St. John the Baptist Catholic Church received a conditional use permit approving a master plan for the Cemetery of the Resurrection, located at 5425 Covington Road. The property was zoned R-IA, Single-Family Residential. The original plan included the construction of two mausoleum structures and a new maintenance building. Last year St. John's was granted an amendment to its C.D.P. that included one mausoleum structure and a new maintenance building. The mausoleum was currently under construction and church representatives had applied for another amendment to its C.D.P. relative to the maintenance building. Nielsen then stated the original maintenance building was to be located near the northwest corner of the cemetery's looped driveway. The applicant now proposed to locate the building on the south end of the loop. The revised plan showed a somewhat larger building (30' x 30') than the original (24' x 24'). He noted the first amendment to the C.D.P. would have required site alteration, but the second amendment would not. He noted the existing garage structure would be removed from the property. Nielsen went on to state the 2005 staff report for the previously approved C.U.P. characterized the maintenance building as being basically a typical two-car garage. The revised plan was essentially an ample two-and-a-half-car garage; it was increased to provide adequate storage for maintenance equipment. Similar to the original plan, it was one story in height and very residential in character. The proposed location was tucked into a leveled off low area that was very well screened from surrounding residential properties by both vegetation and terrain. Nielsen stated the Planning Commission recommended approving the C.U.P. amendment. Turgeon moved, Wellens seconded, Directing Staff to Prepare a Resolution with Findings of Fact Approving the C.U.P. Amendment Regarding a Storage Building at the Cemetery of the Resurrection for St. John the Baptist Catholic Church, 5555 Covington Road. Motion passed 5/0. B. Zoning Text Amendment - Amending R-C Zoning District to Include Self-Storage Facilities by Conditional Use Permit Director Nielsen stated Items 8.B through 8.G were all related. He explained over the last several months the Planning Commission had been reviewing the commercial zoning districts in the City's zoning ordinance. The original effort focused on updating the C-3, General Commercial District. He noted the C-2 District had been eliminated after its allowable land uses had been incorporated into the C-3 District allowable land uses. He then explained when the Commission reviewed the C-1, Neighborhood CITY OF SHOREWOOD COUNCIL REGULAR MEETING July 24, 2006 Page 5 of 10 Convenience Commercial District as part of the C-3 District update process, it determined the C-1 District was outdated and not needed; the R-C, Residential/Commercial District served as a transition between residential districts and higher intensity districts, such as commercial. The C-3 District was adequate in terms of commercial zoning. Therefore, the Commission incorporated the C-I District and the previous C-2 District allowable land uses into the C-3 District allowable land uses. Nielsen went on to explain there were two properties that were currently zoned C-I that would need to be rezoned as a result of the proposal to eliminate the C-1 District. The properties were: 19545 State Highway 7 (a Shurgard-owned property); and 21445 State Highway 7 (a City-owned property). Turgeon moved, Lizee seconded, Approving ORDINANCE NO. 422, "An Ordinance Amending Section 1201.19 (R-C, Residential/Commercial District) of the Shorewood Zoning Code to Include Self-Storage Facilities as a Conditional Use." Motion passed 5/0. C. Zoning District Amendment - Rezoning the Property at 19545 State Highway 7 from C-l to R-C, Residential Commercial Wellens moved, Callies seconded, Approving ORDINANCE NO. 423, "An Ordinance Amending Section 1201.09 Subd.2. of the Shorewood Zoning Code (the Shorewood Zoning Map) to Rezone the Property at 19545 State Highway 7 from C-l, Neighborhood Convenience Commercial District to R-C, Residential/Commercial District." Motion passed 5/0. D. Zoning District Amendment - Rezoning the Property at 21445 State Highway 7 from C-l to R-IA/S, Single-Family Residential/Shoreland Turgeon moved, Wellens seconded, Approving ORDINANCE NO. 424, "An Ordinance Amending Section 1201.09 Subd.2. of the Shorewood Zoning Code (the Shorewood Zoning Map) to Rezone the Property at 21445 State Highway 7 from C-l, Residential/Commercial District to R-IA/S, Single-Family Residential/Shoreland." Motion passed 5/0. E. Zoning Text Amendment - Eliminating the C-l, Neighborhood Convenience Commercial Zoning District Lizee moved, Callies seconded, Approving ORDINANCE NO. 425, "An Ordinance Amending the Shorewood Zoning Code to Eliminate the C-l, Neighborhood Convenience Commercial District." Motion passed 5/0. F. Zoning Text Amendment - Updating the C-3, General Commercial District and Changing its Designation to C-l, General Commercial District, and Changing the Designation of the C-4, Commercial Service District to C-2, Commercial Service District Turgeon moved, Lizee seconded, Approving ORDINANCE NO. 426, "An Ordinance Amending the Shorewood Zoning Code to Update the C-3, General Commercial District, and Revise its Designation to C-l, General Commercial District, and to Revise the Designation of the C-4, Service Commercial District to C-2, Service Commercial District."; and Adopting RESOLUTION NO. 06- 051, "A Resolution Authorizing Publication of a Summary of Ordinance No. 456." Motion passed 5/0. CITY OF SHOREWOOD COUNCIL REGULAR MEETING July 24, 2006 Page 6 of 10 G. Zoning Text Amendment - Updating the General Provisions Section of the Code to Reflect the Amendments to the R-C, C-l, C-2, C-3 and C-4 Zoning Districts Wellens moved, Turgeon seconded, Approving ORDINANCE NO. 427, "An Ordinance Amending the Shorewood Zoning Code General Conditions Section to Change References of C-3, General Commercial District and C-4, Service Commercial District to C-l, General Commercial District and C-2, Service Commercial District." Motion passed 5/0. Mayor Love thanked the Planning Commission for its efforts. 9. GENERAL/NEW BUSINESS A. Park Commission Appointment Lizee moved, Callies seconded, Approving RESOLUTION NO. 06-052, "A Resolution Making the Appointment of Josh Trent (through February 28, 2007) to the City of Shorewood Park Commission." Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Accept Bids and Award Contract for Wedgewood Drive, Teal Circle, and Mallard Lane Improvement and Appurtenant Work, City Project No. 02-02 Acting City Engineer Gurney stated the bids for contract for the Wedgewood Drive, Teal Circle, and Mallard Lane road reclamation and watermain installation work had been opened and tabulated on July 19, 2006. The low bidder was Northwest Asphalt, Inc. for an amount of $1,053,042, compared to the Engineer's estimate of$1,049,854. Gurney stated at the time of the public hearing for the watermain installation portion of the project, Council had decided to move forward with the project using the special assessment process defined under Minnesota Statute 429. He explained the watermain construction costs were $40,518 less than the estimated construction costs used to calculate the preliminary assessment roll. Gurney then stated Staff recommended accepting the successful low bid of $1,049,854 from Northwest Asphalt, Inc. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 06-053, "A Resolution Accepting Bid and Awarding Contract for Wedgewood Drive, Teal circle, and Mallard Lane Improvements and Appurtenant Work, City Project No. 02-02." Motion passed, 5/0. In response to a question from Mayor Love, Acting City Engineer Gurney stated the work would begin as soon as the contract had been processed, with the goal to start in fall of 2006. CITY OF SHOREWOOD COUNCIL REGULAR MEETING July 24, 2006 Page 7 of 10 B. Update on Traffic Counts for Country Club Road, Lake Linden Drive, and Yellowstone Trail Acting City Engineer Gurney stated traffic counts were taken on Country Club Road, Lake Linden Drive, and Yellowstone Trail approximately every three years because the roads were designated Municipal State Aid (MSA) roads. He stated counts had been taken on May 29 - May 30, 2002 and again on June 3 - June 4, 2002; he noted school was still in session when the counts were taken. Count had been taken again on May 1 - May 4, 2006, which was also during the school year. He noted the counts were taken after the majority of the work on the County Road 19 and Smithtown Road intersection had been completed. Gurney explained for each of the roads the counts depicted a decrease in traffic from 2002 to 2006. The Country Club Road traffic counts decreased between 24% - 36%; the Lake Linden Drive counts decreased between 19% - 26%; and Yellowstone Trail counts decreased between 17% - 19%. Gurney then stated Staff was continuing to work with Hennepin County to further reduce the amount of traffic on Country Club Road, which would subsequently reduce traffic on the other roads, by prohibiting right turns on red from County Road 19 onto Smithtown Road. Councilmember Turgeon stated she was surprised the counts depicted a decrease in traffic. She commented the traffic speed appeared to be much higher than the posted speed, and she had frequently observed traffic not stopping for the stop sign at the intersection of Yellowstone Trail and Lake Linden Drive. She suggested Staff contact the School District and ask that the bus drivers not drive the empty buses up Lake Linden Drive then onto Yellowstone Trail. Councilmember Lizee stated she was not surprised by the decrease in traffic volume. She did have great concern with traffic speed. She stated caution should be exercised with regard to trying to change the posted speed; because the roads were MSA roads the posted speed could possibly be adjusted upward. She suggested a meeting of the neighborhood residents, SLMPD Chief Litsey, Council representatives, and Staff be scheduled to discuss the issues of enforcement of traffic regulations, traffic volume, and safety . In response to a question from Councilmember Turgeon, Director Brown stated it had been quite some time since the local radar trailer had been placed on those roads. He then stated Staff would schedule that to occur in the near future. In response to a question from Councilmember Turgeon, Administrator Dawson stated he had spoken with Hennepin County Transportation Director Jim Grube. Mr. Grube had assured him the no-turn-on- read sign would be installed, although he did not provide any specific date for the installation. Dawson stated he had also contacted the SLMPD with regard to the informal traffic monitoring of the roads. Councilmember Callies questioned if community service officers could be used to monitor traffic. Administrator Dawson explained only a sworn officer can issue a ticket. Callies stated the presence of community service officers could slow the traffic down. Mayor Love supported Councilmember Lizee's suggestion for a neighborhood meeting with Chief Litsey, Staff and Council representatives would be an appropriate place to begin discussion with regard to increased enforcement of traffic regulations. He stated Chief Litsey had explained saturation patrolling CITY OF SHOREWOOD COUNCIL REGULAR MEETING July 24, 2006 Page 8 of 10 worked the best in areas where the same travelers used the roadways; it was not as effective in areas when there was a diverse group of travelers. Shirley Bergslein. 24785 Smithtown Road, expressed her concern with regard to the traffic at the intersection of County Road 19 and Smithtown Road and onto Country Club Road. She stated there are many times traffic does not stop as it should. Margaret Henke. 24335 Yellowstone Trail, stated she did not think enforcing the speed limits would have an impact on traffic volume. She observed a tremendous amount of business traffic on the roads as it makes it way to Highway 41. She questioned why one of the roads could not be closed to thru traffic. Mayor Love explained many road accesses to Highway 7 had been closed over the last number of years. Although he understood there were problems with sight lines on Yellowstone Trail, the City also had an obligation to ensure emergency vehicles had easy access to the areas. In response to a question from Ms. Henke, Director Brown explained the League of Minnesota Cities Insurance Trust had ruled emergency vehicles should not drive down knock-down posts. Mayor Love then stated the majority of complaints he had received during his tenure as Mayor were traffic related. He noted it was the first time Council had the opportunity to review traffic-count reports. He stated Council was willing to discuss alternatives for calming traffic in the area. Steven Pahl. 24860 Smithtown Road, stated during the reconstruction of the County Road 19 and Smithtown Road intersection, traffic was forced to travel on Yellowstone Trail as there were limited alternatives. He questioned if the traffic would decrease because the project was completed. He suggested the possibility of posting signs prohibiting commercial vehicles greater than a certain size and weight. He questioned if it was possible to install a traffic light at Eureka Road and Highway 7, it was extremely difficult to access Highway 7 during rush hour, thereby forcing traffic down Yellowstone Trail. Mayor Love stated the Eureka Road traffic issue was one for MnDOT, although Council was very aware of the issue. Director Brown stated MnDOT's objective was to limit access points to State trunk highways to 1 - 1 Yz miles apart, and its goal was to limit the number of access point to Highway 7. Chanhassen had attempted to have a traffic light installed at the intersection of Highway 7 and Minnewashta Parkway five years ago. Brown explained before a traffic signal could be installed on a trunk highway, a justification report was required and certain legal conditions must be satisfied with regard to traffic volume and traffic conditions. MnDOT determined Minnewashta Parkway did not have sufficient traffic volume at the intersection to justifY a traffic light be installed. Within the following year, Shorewood approached MnDOT about the possible installation of a traffic light at the Eureka Road and Highway 7 intersection. MnDOT stated, based on the Minnewashta Parkway study results, the Eureka Road intersection would not satisfY the traffic volume requirements, and therefore declined the request. Mayor Love stated there were only two controlled accessed points onto Highway 7 in the area - Highway 41 and Rolling Acres Road. He asked Director Brown if the City could approach MnDOT with the regard to the volume of residents seeking a controlled access to Highway 7 in the morning. CITY OF SHOREWOOD COUNCIL REGULAR MEETING July 24, 2006 Page 9 of 10 Director Brown explained an origin destination study had been conducted at the intersection of Highway 41 and Highway 7. As part of the study license plate numbers were recorded at the intersection of Smithtown Road and Country Club Road, and at the intersection of Highway 7 and Highway 41. The study results identified that 44% of the traffic on Country Club Road was cut-thru traffic; cars would go south on Country Club Road and travel east on Highway 7 beginning at Highway 41 during rush hour. The feasibility study for the County Road 19 intersection project identified 38% - 40% of the traffic on Country Club Road continued south on Highway 41. There was no expectation that traffic pattern would change because Highway 41 was the logical route to take to Eden Prairie. What could possible change as a result of the reconfiguration of the County Road 19 intersection and the no-turn-on-red sign to go west on to Smithtown Road, was traffic would be encouraged to continue on south on County Road 19 to reach Highway 7. Director Brown also explained the volume of commercial vehicle traffic those roadways would probably not change. The roadways were designated MSA roads; therefore truck restrictions could not be placed on them. He commented it was very difficult and costly to remove the MSA classification from a road. David Cooley. 24725 Smithtown Road, stated he travels those roads during his commute to work; traveling those roads to reach Highway 41 was a logical route. He would also like to have the traffic volume reduced on Smithtown Road. He understood restrictions can not be placed on MSA roads; but maybe by appealing to traveler's emotions and consciences by posting signs that designate there were children in the neighborhood and please travel the posted speed, traffic speed would subside. Mayor Love asked Administrator Dawson, on behalf of Council, to schedule a neighborhood meeting with Chief Litsey, Council representatives, and Staff within the next 30 days. The meeting could be conducted in the Council Chambers. C. Approve Plans, Specifications and Estimates and Authorize Advertisement of Bids for Woodhaven/Chanhassen Interconnect, City Project 05-11 Acting City Engineer Gurney stated the Woodhaven system was served by the Woodhaven well. The well house and controls had reached the end of their service life. Even if the well system would be completed reconstructed, it would probably not provide adequate fire flow protection. He then stated the extension of the well system within the boundary of Shorewood was not feasible due to the length of the project and costs associated with such a project. Gurney then stated the City had reached an agreement with Chanhassen that allowed the City to connect the Woodhaven system with Chanhassen's water system. The connection would provide adequate fire protection within the W oodhaven system. He commented the interconnection would consist of approximately 425 feet of eight-inch watermain. Gurney explained the estimated construction cost for the interconnection was $135,000. The existed Woodhaven well would be demolished under a separate contract, and the estimated demolition costs would be $20,000 - $40,000. He noted the City would contract with a certified testing firm to prepare a report evaluating the existing building for the presence of hazardous materials, as required by the MPCA. Gurney stated Staff recommended approving a resolution that approved the plans, specifications, and estimate ands authorized advertisement of bids. CITY OF SHOREWOOD COUNCIL REGULAR MEETING July 24, 2006 Page 10 of 10 Turgeon moved, Callies seconded, Adopting RESOLUTION NO. 06-054, "A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids on the Chanhassen Interconnection/Woodhaven Well Project, City Project No. 05-11." Motion passed, 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson stated there was an SLMPD Coordinating Committee meeting scheduled for July 25, 2006, at 11 :00 A.M. with the primary purpose of discussing the SLMPD draft budget for 2007. He also stated there was a Council Work Session scheduled for August 7, 2006, to discuss the City's draft operating budget. B. Mayor & City Council Mayor Love stated there was an EFD Board meeting scheduled for 6:00 P.M. July 26, 2006, at the West Side Station. Love also stated the Excelsior Firefighters Relief Association fundraiser appeared to be a success. He commented he had received positive feedback from neighborhood residents regarding the firefighters' efforts and Council's efforts to inform residents of the fundraiser. Councilmember Turgeon thanked Bonnie and Brian Pipkorn, Garden Market and Landscape, who donated the mulch around the public safety building as well as the crew to put the mulch in. 12. ADJOURN Wellens moved, Turgeon seconded, Adjourning the Regular City Council Meeting of July 24, 2006, at 7:58 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder a~ Woody Love, Mayor ATTEST: