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100906 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 9, 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 7:06 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 Acting City Engineer Gurney Absent: None B. Review Agenda Lizee moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Conncil Work Session Minutes, September 25, 2006 Callies moved, Turgeon seconded, Approving the City Council Work Session Minutes of September 25, 2006, as Amended, in Item 3, Page 4, Paragraph 7, Sentence 2, delete "He then stated he did not understand what value a severance would have." Motion passed 5/0. B. City Council Regular Meeting Minutes, September 25, 2006 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of September 25, 2006, as Amended in Item 7.A., Page 2, Paragraph 3, Sentence 1, change "consideration of a partnership with Famous Dave's for a Blues and Barbeque event." to "consideration of a partnership with Famous Dave's for a Blues and Barbeque Music in the Park event." Motion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the items on the Consent Agenda. Callies moved, Wellens seconded, Approving the Motions contained on Consent Agenda & Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Staffing - No action required SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 2 of9 C. Adopting RESOLUTION NO. 06-076, "A Resolution Accepting Bid and Awarding Contract for 2006 Pavement Marking Project." D. Setting the Date for the Annual Appreciation Event E. Water Contingency and Conservation Plan F. Adopting RESOLUTION NO. 06-077, "A Resolution Establishing an Absentee Ballot Board for the 2006 General Election." G. Agreement for Financial Services with Northland Securities H. Authorize Expenditure of Funds for Replacement Slide Silverwood Park I. Authorize Expenditure of Funds for Traffic Counters (This item was moved to Item 7.A under Parks) Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENT A TIONS None. 6. PUBLIC HEARING None. 7. PARKS Director Brown stated there had not been a Park Commission meeting since the last Council meeting. The next Park Commission meeting was scheduled for October 10, 2006. A. Authorize Expenditure of Funds for Replacement Slide Silverwood Park This item was pulled from the consent agenda for discussion at Councilmember Callie's request. Councilmember Callies stated the Staff report for the authorization of funds for a replacement slide at Silverwood Park was for a shorter slide than was currently in place (priced at $1,400.45) rather than for a replacement slide of the same size (priced at $2,600). In response to a question from Councilmember Callies, Director Brown stated the current slide was approximately ten years old. Councilmember Callies stated she would prefer the existing slide be replaced with one that was of the same size and of reasonable quality. She commented residents went to Silverwood Park to have fun; SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 3 of 9 children would get more enjoyment from the use of a quality slide. She also commented the existing slide was a unique feature of the Park. She acknowledged the larger slide cost more; but when averaged out over a ten-year life the larger, more costly slide would be a wise investment. Callies moved, Wellens seconded, Authorizing the Expenditure of Funds for a Replacement Slide, a Slide that would be the Same Size as the Existing Slide, for Silverwood Park for an Amount of $2,600. In response to a question from Councilmember Turgeon, Director Brown stated the large hole in the existing slide was a result of wear- and-tear as well as possible vandalism. In response to a question from Councilmember Wellens, Director Brown explained a shorter replacement slide would be approximately two feet shorter than the existing slide. He also explained the longer slide's landing area was one of the key features of that slide. Councilmember Lizee stated she would prefer the existing slide be replaced with one that was similar; that is what the users of the Park have become accustomed to. In response to a comment from Councilmember Turgeon, Director Brown stated the Park Commission had not commented on the size of the replacement slide. He explained the slide had been boarded up for a significant period of time, because the vendor (for the original equipment and proposed replacement slide) had been unable to match existing or comparable equipment. The vendor had recently identified a shorter slide that would match the existing mounting plates, and Staff had wanted to request replacement funds as quickly as possible. Councilmember Turgeon explained she thought it appropriate for the Park Commission to have input into the size, and therefore cost, of the slide as funds from the Parks capital budget would be used to purchase the slide. She recommended the motion be amended to authorize funds not to exceed $2,600 for a replacement slide. Callies moved, Wellens seconded, Amending the Motion to "Authorizing the Expenditure of Funds for a Replacement Slide for Silverwood Park based on the Park Commission's Recommendation for an Amount Not-To-Exceed $2,600." Motion passed 5/0. 8. PLANNING Commissioner Meyer reported on matters considered and actions taken at the October 3,2006, Planning Commission meeting (as detailed in the minutes of that meeting). A. Outdoor Wood Burning Furnace Ordinance Mayor Love explained the procedure that would be followed this evening regarding discussion of this item. Administrator Dawson explained that at a Council meeting on September 25, 2006, Council had requested the proposed Outdoor Wood Burning Furnace (OWF) Ordinance Chapter 1005 be modified. The modifications requested were: 1) change 1005.04 Subd. 5. such that the allowable months of operation would be the consistent with the State's "cold weather rule" months of operation (October 15 SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 4 of9 through April 15); and 2) add a regulation to Section 1005.05 Existing Furnaces - "No existing outdoor wood-burning furnace may be enlarged or extended." Dawson then explained the proposed OWF Ordinance drafted by the Planning Commission specified a number of minimum standards: minimum lot size of three acres; a minimum setback of200 feet from any property line; a chimney that extends at least 20 feet above the surface of the ground and two feet above the ridge line of any dwelling within 500 feet of the furnace, and in no case shall the chimney be higher than 40 feet; and all OWFs shall have an approved listing by Underwriter's Laboratories (UL), shall be installed according to the manufacturer's installation instructions, and shall comply with emission standards promulgated by the United Stated Environmental Protection Agency and the Minnesota Pollution Control Agency. Dawson went on to explain existing OWFs must comply with the above stated installation and emissions standards as well as the allowable months of operation. In response to a request from Mayor Love, Dawson reviewed the process used to prepare a draft OWF ordinance. Dawson stated the issue OWFs had been brought to Council's attention in June 2006. Council had since directed the Planning Commission to review the City's nuisance ordinance relative to smoke emissions and the use of outdoor wood-burning furnaces (it had not requested the Commission to consider regulations with regard to recreational fires, indoor fireplaces, or indoor would-burning furnaces). The draft OWF ordinance under consideration was the outcome of the Commission's efforts. Connie Quast, 24800 Smithtown Road, (a resident who had an existing OWF installed) stated she and her family had not attended previous Planning Commission meetings and Council meetings where the topic of OWFs had been discussed because of potential volatility at the meeting. Ms. Quast stated she and her family had spoken with Staff regarding their OWF, and the Quasts had complied with all regulations regarding the installation and use of their OWF. She stated they had taken proactive measures to try to make improvements that would mitigate their neighbors' concerns. She noted Mr. Pahl, their neighbor, had contacted them one time with regard to his concerns about smoke emissions, and he appeared to be satisfied with the improvements they had proposed making. No other neighbor had contacted them. Ms. Quast explained she and her family had be awoken four times in the last few months by public safety personal regarding complaints about smoke emissions, and only one of those four times had their OWF been in use. Two of the calls were a result of smoke emissions from other residents' recreational fires, yet complaints were not made against them. She stated she and her family had not been to the Commission or Council to complain; and they had made a serious effort to comply with the regulations. Ms. Quast stated she perceived she and her family had been harassed about the smoke emissions issue. She asked that they be treated fairly. She then stated they had applied for and received the necessary permits to install an OWF that would be used primarily to heat their house. The use of the OWF to heat water was an added benefit. Ms. Quast requested she and her family be allowed to use their OWF during the cold season. She stated the climate remains cold well into May; therefore they would like to use their OWF up to May 15. She commented it snowed on October 3, 2006. She stated although they would prefer to use their OWF beginning early October, when it was possible to have snow, they would accept the October 15 start-date prOViSIOn. SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 5 of9 Ms. Quast stated they would burn drier wood in their OWF. She stated they had questioned many of their neighbors regarding what else they could do to alleviate further disruption in the neighborhood. Ms. Quast then stated she and her family had smelled smoke from the bonfires this past summer, but they had not complained. She also stated two of the residents that had been before the City to complain of smoke emissions had recreational fires themselves. She stated some of the residents that had complained also smoked cigarettes. Other residents had used cleaning solutions on their driveways. In summary, Ms. Quast stated she and her family wanted to be able to heat their house using their OWF, and they wanted to be able to use it from October 15 to May 15 of each year. She stated they were willing to work with the City to resolve any issues it may have. Shirley Bergslien. 24785 Smithtown Road, stated her neighbors had been very good neighbors, and she had no complaints about them. She stated her concern was about the health issues the smoke emissions caused for her and her husband. She noted she had called with a complaint about the smoke emissions one time. She explained her husband's health care provider had written a letter that stated he was susceptible to pneumonia. She submitted the letter to be part of the record. She stated she was concerned about her husband's health and welfare. In response to a question from Councilmember Callies, Commissioner Meyer stated as far as he was aware the Quasts had not attended any Planning Commission meetings where the issue of their OWF was discussed. In response to a question from Councilmember Wellens, Ms. Quast stated Staff had suggested they not attend the meetings because of the potential volatility at the meeting with regard to OWFs. The Quasts were concerned their attendance at the meetings could result in residents "yelling at each other". In response to question from Councilmember Wellens, Ms. Quast stated the Staff was comfortable presenting the Quasts' proposed changes to their OWF to the Planning Commission. In response to another question from Councilmember Wellens, Ms. Quast stated they had a 30+ year-old oil furnace that was not very reliable, and their OWF would be their primary source of heat. She noted they had heated their house with an indoor wood-burning furnace starting one year after they had purchased their house. She then stated if the City explained there would be an issue with an OWF they would have considered another type of furnace to heat their house. She also stated they purchased the type of OWF that they did because it was UL rated; other furnaces would have been cheaper. They had already invested a great deal of money in the purchase and installation of the OWF, and in the improvements they had made to try and mitigate their neighbors concerns. Administrator Dawson stated the Quasts would be able to continue to use their OWF under the proposed ordinance. He explained at Council's last meeting, Council had requested the allowable time of operation stipulated in the ordinance be consistent with the State's "cold weather rule", which was why the ordinance now stated an OWF could not be operated during the time period 16 April through 14 October. Administrator Dawson explained the "cold weather rule" was the time period during which a person's heat utility could not be terminated for nonpayment. Councilmember Wellens stated that was an arbitrary time period. Dawson stated the "cold weather rule" was in the State statute. Wellens moved, Lizee seconded, Approving ORDINANCE NO. 429, "An Ordinance Amending Title 1000 of the Shorewood City Code to Regulate Outdoor Wood-Burning Furnaces." as Amended in Chapter 1005 Subd. 5. "No outdoor wood-burning furnace shall be operated during the time period 16 May through 14 October." Motion passed 5/0. SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 6 of9 9. GENERAL/NEW BUSINESS None. 10. ENGINEERING/PUBLIC WORKS A. Change Order No.2 for Wedgewood Road, Mallard Lane, Teal Circle Road Engineer Gurney explained during the watermain installation for Wedgewood Drive, Mallard Lane, and Teal Circle, there had been several concerns raised by the residents about access to their homes. The project specifications allowed for the closure of the road between 7:00 A.M. and 7:00 P.M. The City had negotiated with the Contractor to changes to his method of construction for a portion of the project. The changed involved using a directional drilling method rather than an open trench construction for a portion of the watermain installation; and it would allow those portions of the road to remain open for longer periods of time. He noted there would still be times when the road would have to be closed, but the duration of the closures would be reduced. The change had the added benefit of improving the project schedule by allowing crews to pave the areas where the watermain had already been installed. Gurney stated the anticipated cost of the change was $39,941. Turgeon moved, Callies seconded, Adopting RESOLUTION NO. 06-078, "A Resolution Approving a Change Order 2 for the Wedgewood Drive, Teal Circle, and Mallard Lane Improvements and Appurtenant Work, City Project No. 02-02." In response to a question from Councilmember Wellens, Director Brown explained the watermain assessment costs for the project would not increase as a result of the change order for two reasons - there was a contingency factor built into the project cost estimate, and the project bids were lower than the project cost estimate. Brown stated there would still be some issues with access to residential properties. He explained that the Tonka Bay City Council had twice declined the City's request for alternative vehicle access, which was why the directional drilling method was going to be used in some areas. Staff continued to try and identify other alternatives for access to residential properties. Mayor Love stated the increase in cost for directional drilling was not much more than the cost would have been to provide a temporary access trail/road through the Wedgewood Drive / Lilah Lane area. Director Brown stated that on October 10,2006, the Tonka Bay City Council would consider the City's request to allow the residents to park in the Manitou Park parking lot and then walk to their residence along the trail or Lilah Lane. Motion passed 5/0. B. Change Order No.1 for SE Area Well/Amesbury Well Interconnection Project and Appurtenant Improvements, City Project 05-05 Engineer Gurney reviewed the three changes that were made to the SE Water System NE Water System Interconnection Project. The changes were: SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 7 of9 1. An extra hydrant was added at Manor Park to provide additional fire protection. The extra cost associated with that change was $800. 2. A "yard hydrant" was placed at the Amesbury town homes to reduce the work necessary to winterize the system and provide easier access to the meter pit. Because the Amesbury Homeowners Association requested the change, it had agreed to reimburse the City for the costs associated with installing the hydrant. The Association would also pay for the water used. The cost for modification to the hydrant and meter pit was $1,709.60. There was an additional cost of $1 ,088 to remove and replace curb and gutter which was necessary because of a re- alignment of the line to the hydrant. 3. The size of the water service stubs that were installed for fourteen properties had been increased to provide increased water flow to the houses. Those houses were either larger or located further back than average houses. The extra cost for the changes was $9,534.60. In response to a question from Councilmember Turgeon, Engineer Gurney explained the Association was paying $1,710 for the cost of the hydrant and meter pit, plus the original "yard hydrant" cost of $1 ,900. In response to a question from Councilmember Wellens, Engineer Gurney explained the changes to the size of the water service stubs would be funded by the City. Gurney noted the project was not funded by assessments; it was funded from the Water Utility Fund. Callies moved, Wellens seconded, Adopting RESOLUTION NO. 06-079, "A Resolution Approving a Change Order 1 for the Connection of SE Water System to NE Water System, City Project 05- 05." Motion passed 5/0. C. Repealing Certain Traffic Restrictions - Broms Boulevard Director Brown explained Council had approved Resolution No. 06-060, a resolution prohibiting traffic on Broms Boulevard at Old Market Road during evening pear hours, at its August 14, 2006, meeting. He noted Councilmember Callies had made the initial request. Director Brown then explained based on recent feedback, Councilmember Callies had reported the restrictions put in place caused more inconvenience than positive results. Staff had received similar feedback. The restrictions caused people to travel down Old Market Road and up Covington Road. He also explained that Staff had previously expressed concerns with school buses making turns at that same intersection. Brown stated Councilmember Callies had requested the restrictions be removed. Staff agreed the restrictions should be removed and the resolution repealed. Councilmember Callies stated the intent of the restrictions was to determine if the traffic issues could be reduced. She explained she had contacted the residents on Radisson Road, Carrie Lane, Covington Road, Tiffany Lane, and Christmas Lake Road about the restrictions. She stated the residents on Carrie Lane stated they had difficulty getting to their property because of the restrictions. She explained there was no restriction from Vine Hill Road onto North Old Market Road; therefore, some traffic would make a U turn at the stop sign on Old Market Road, and then come back down Old Market Road to make a turn onto Broms Boulevard. Callies stated she was pleased to have a traffic counter placed in the area to SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 8 of9 determine what volume of traffic was cut-thru traffic. She suggested targeted traffic enforcement be located at the area during the morning and evening peak traffic hours. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 06-080, "A Resolution Repealing Traffic Restrictions on Broms Boulevard at Old Market Road During Evening Peak Hours." Councilmember Turgeon explained the City had been addressing that traffic issue since February 2004. A group of approximately 22 residents had participated in assessing four alternatives to address the traffic problem. She stated she was not aware of any feedback from any of the residents expressing concern about the restrictions, not that the feedback didn't exist. Turgeon expressed concern with removing the restrictions without input from the residents that were originally involved in assessing the alternatives. She stated the restrictions had only been in place for two months, and maybe additional time was needed to fairly assess the impact. Councilmember Callies stated she had emails from the residents. She explained she had contacted all the residents in the affected neighborhood, residents in both Ward 3 and Ward 4. She stated she could forward all the emails to the Councilmembers, and/or there could be another meeting on the subject. Councilmember Lizee stated Council should consider the issues raised by Director Brown regarding the difficulty school busses have making the turn at Covington Road and Old Market Road. She commended Councilmember Callies for contacting the residents in the neighborhood. Motion passed 4/1 with Turgeon dissenting. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Director Brown explained road closures were occurring at various times on Wedgewood Drive as a result of the construction. He stated Staff was often in daily contact with the SLMPD, the EFD, and Hennepin County Dispatch with regard to the closures. Administrator Dawson stated Council had scheduled an Executive Session for October 16, 2006, at 6:00 P.M. He also stated the EFD Board meeting originally scheduled for October 25, 2006, had been rescheduled to November 15, 2006. He stated he was trying to schedule EFD Chief Gerber for the November 13, 2006, Council meeting to provide Council the opportunity to meet the Chief. Lastly, the SLMPD Board was meeting on October 18, 2006, for its quarterly meeting. B. Mayor & City Council Mayor Love stated the EFD was continuing to focus on reducing its response times. He also stated a Deephaven resident had challenged the EFD funding formula. He noted the EFD Fire Safety Night was scheduled for October 12,2006. Mayor Love requested that Council be prepared to conduct the City Administrator's review at the first Council meeting in December 2006. Councilmember Turgeon stated she would forward the review form and the last review to Council. SHOREWOOD CITY COUNCIL REGULAR MEETING October 9, 2006 Page 9 of9 With regard to the City's case against the Upper Lake Minnetonka Yacht Club, Attorney Keane stated the misdemeanor prosecution was filed on Wednesday, October 4, at Ridgedale Court. 12. ADJOURN Lizee moved, Wellens seconded, Adjourning the Regular City Council Meeting of October 9, 2006, at 7:55 P.M. Motion passed 5/0. . /1 (/1/ . /{~/ Woody Lov~yor RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: