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082294 CC Reg Min , . t v CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, AUGUST 22, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Brancel called the meeting to order at 7:00 p.m. A . Pledge of Allegiance B . Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis, and Stover; Administrator Hurm, City Engineer Dresel, City Attorney Keane, and Financial Director Rolek. C . Review Agenda Daugherty moved, Lewis seconded to approve the agenda for August 22, 1994. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular and Executive Session Meeting Minutes - August 8, 1994 Daugherty moved, Stover seconded to approve the August 8, 1994 Executive Session minutes and City Council regular meeting minutes with a correction on page 5, paragraph 3: change the word "farther" to "further." Motion passed 5/0. B. City Council and Planning Commission Joint Work Session Meeting Minutes -August 15, 1994 Lewis moved, Benson seconded to approve the August 15, 1994 Joint Work Session Minutes. Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for August 22, 1994. Stover moved, Daugherty seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A. Motion to Accept the Bids for the Sewer Cleaning Project and A ward the Contract for a 5-year Sewer Cleaning Program to Visu-Sewer in the Amount of $74,691.40. " REGULAR CITY COUNCIL MINUTES August 22, 1994 - PAGE 2 fi B. A Motion to Adopt a Resolution Accepting Improvements - Spruce Hill POSTPONED. C. Motion to Approve a Block Party at McKinley Place, August 28, 1994, 3 pm to dusk. D. RESOLUTION NO. 94-70, "A Resolution Approving the Final Plat of Johnson Hollow." Applicant: Daniel Johnson. Location: 27920/27944 Smithtown Road. E. RESOLUTION NO. 94-71, "A Resolution Accepting the Sanitary Sewer, Watermain and Storm Sewer Improvements-City Project 93-2" and Authorizing Final Payment in the Amount of $18,409.63 to Widmer, Inc. Motion passed 5/0. 4. PARK COMMISSION - Report by representative . A. A Motion to Adopt an Ordinance Amending Section 902.04 Providing for Speed Restrictions in City Parks Hurm referred to the draft ordinance, prepared for a first reading, which would lower the speed limit in the City's parks from 20 to 15 mph. The proposed ordinance reflects the Park Commission's concern regarding safety in the parks particularly where asphalt has been applied. The Commission will be discussing safety and parking issues further at its next meeting. Lewis stated that some parks are located in close proximity to streets and suggested that the Commission also consider extending its safety concerns to traffic on those streets. Additional research will be conducted to determine acceptable methods to slow or caution traffic in the vicinity of parks. The Council acknowledged the first reading of the proposed ordinance amending Chapter 902.04 of the Shorewood City Code providing for speed restrictions in City parks. B . A Motion to Accept the Bids for the Old Market Road Trail Project and Award the Contract . Dresel reported that, as directed by the Council, the trail project was re-bid for a more favorable price. He recommended that the Council accept Landmark Concrete's bid of $50,417.24 which is $5,500 less than the lowest received during the first bid process. Dresel stated that while the bid is higher than the MSA estimate of $43,781, any further re-bidding is not likely to produce a lower bid unless the project is delayed to next year. Based on the bid received, MSA funds will cover approximately $42,400 of the construction cost with City's trail fund covering the remaining $8,000. The 6' wide concrete trail will extend from Silverwood Park to an existing sidewalk at the intersection of Old Market Road and Highway 7. Dresel explained that MSA does not participate in funding for bituminous trails and concrete is aesthetically favored. Daugherty moved, Benson seconded to accept the bid for the Old Market Road Trail Project and to award the contract to Landmark Concrete, Ham Lake, MN, in the amount of $50,417.24. Motion passed 5/0. C. A Motion to Approve Fence Work at Freeman and Cathcart Parks Hurm reported the Little League organization will pay $679 for the extension of field lines at Field 1 and Park funds will cover $1,799 for the remaining fence work at Freeman Park requested by the CIP and Park Commission. . . . REGULAR CITY COUNCIL MINUTES August 22, 1994 - PAGE 3 Daugherty moved, Stover seconded to award a contract for fence work in Freeman Park to Sterling Fence Company, in the amount of $2,478.00. Motion passed 5/0. D. A Motion to Approve Low Quote for Cathcart Park Parking Lot/Ballfield Project Dresel stated that bids for construction of a new parking area at Cathcart Park are coming in 30- 35% higher than anticipated. Because of the high bids, he cannot recommend accepting a bid at this time. He suggested combining the projects (parking lot and ballfield work) for re-bidding during the winter for completion of the work in the spring. The Council concurred with Dresel's recommendation and therefore took no action on this motion. Hurm explained that preliminary work to make room for the new parking area at Cathcart will not be completed this year because of the delay in construction of the parking lot. E. A Motion to Authorize the Demolition of the Cathcart Warming House and Rental of Warming House Trailer Hurm reiterated that since the work at Cathcart Park has been delayed as reported by Dresel and accepted by the Council, demolition of the warming house and rental of a warming house trailer for the Park will not be necessary at this time. Therefore the Council took no action on this motion. Park Commission Chair McCarty reported that a Minnetonka sports group has requested consideration of improvements at Badger Park, at the sports group's expense, including construction of goal posts and installation of additional lighting. Daugherty moved, Benson seconded to request the Park Commission to negotiate the proposed improvements at Badger Park with the Minnetonka sports group. Motion passed 5/0. 5. PLANNING - Report by Representative A. Report on August 15 Joint Work Session Commissioner Pisula reported on the August 15 joint meeting and summarized the Commission's objective in recommending an interim development moratorium. B. Consideration to Direct Staff to Prepare Interim Ordinance Regarding Development Moratorium and Set Public Hearing Date The Councilmembers discussed the Planning Commission's recommendation to declare an interim development moratorium in the City of Shorewood. Brancel stated she initially opposed the moratorium. After hearing the concerns expressed by the Planning Commission, Brancel generally agreed that the issues identified by the Commission need to be reviewed and updated in the Comprehensive Plan. However, Brancel expressed opposition to the 12-month length of the moratorium and preferred a substantially shorter time - on the order of 3 months - in consideration of fairness to the developers who have applications before the City and to avoid interference with the 1995 construction season. Commissioner Pisula explained that the Planning Commission is willing to work with the Council to set a mutually agreeable time frame to accomplish the work necessary to update the 4 . . REGULAR CITY COUNCIL MINUTES August 22, 1994 - PAGE 4 Comprehensive Plan. Completion of the Comp Plan update correlates to the length of an interim moratorium. Daugherty acknowledged the work before the Planning Commission to accomplish the necessary updates to the Comprehensive Plan. He generally agreed with Brancel's opinion that the Commission should complete the process on a fast-track basis so that a moratorium on development would be short. He suggested a mid-November/early December deadline in order that the Council may consider and take timely action on current projects before the City. Lewis stated the primary concern is to avoid delays for developers for the 1995 construction season. He acknowledged it is unfair to the developers to continue tabling action on their applications. Nonetheless, Lewis pointed out that resolution of Comp Plan issues outweigh the temporary difficulties placed upon the developers. Lewis indicated it is difficult to set a deadline for completion of the Comp Plan update process since ample time should be allowed to develop an acceptable result. Benson generally agreed with Lewis' opinions and indicated that while the update process may be shortened, a January-February 1995 time line could be realistic. Stover agreed with the justification for a moratorium but expressed concern regarding the length of time. She questioned whether 3-4 months is reasonable and whether the Commission would be able to accelerate the update process. Stover stated that she would have no objection to considering a Comp Plan with limited or no changes from the current Plan providing that adequate study and research has been conducted to support the conclusions. Lewis pointed out that certain issues such as those related to City services, the Joint Powers agreement, and senior housing require a consensus for inclusion in the Comp Plan. The Councilmembers considered possible deadlines for completion of the Comp Plan and the length of a moratorium. It was suggested that the Commission begin public information meetings as soon as possible and continue its work to update the Comp Plan simultaneously. It was agreed that the moratorium would continue to November 14, 1994, at which time the Council may consider its extension. Stover stated preference for the Planning Commission's recommendation that the moratorium be in effect for 12 months or until the Comp Plan update is completed, whichever comes first. Daugherty explained that the shorter limit provides for close monitoring of the Comp Plan update process. He stated he would be willing to extend the moratorium if justified. Daugherty moved, Lewis seconded to set a Planning Commission public hearing on September 20, 1994, and to direct the staff to prepare, for the Council's September 12, 1994 consideration, an interim ordinance declaring a development moratorium for the City of Shorewood until November 14, 1994, at which time the Council will review the progress of issues related to the moratorium, with the further understanding that the moratorium will go no further on a date line that would potentially delay construction in the 1995 spring construction season. Motion passed 5/0. Daugherty reiterated the importance of allowing sufficient time for review of development applications so as to avoid 1995 construction season delays resulting in potential liability on the part of the City. 6. CONSIDERATION OF THE PROPOSED EXCELSIOR FIRE DEPARTMENT 1995 OPERATING BUDGET 4 . . REGULAR CITY COUNCIL MINUTES August 22, 1994 - PAGE 5 Hurm stated that since the official fire department operating budget for 1995 reflecting Shorewood's recommended reductions has not yet been received from the City of Excelsior, consideration of that budget should be tabled. Stover moved, Benson seconded to table consideration of the proposed Excelsior Fire Department 1995 operating budget. Motion passed 5/0. 7. CONSIDERATION OF THE PROPOSED SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 1995 OPERATING BUDGET Police Chief Rick Young referred the Councilmembers to his August 15, 1994 memorandum regarding the status of the Department's 1995 budget following his meeting with the Excelsior City Council. Excelsior's decision to limit its contribution to the budget results in a $10,746.85 overall reduction in the proposed budget. Under the Joint Powers Agreement any city may set its annual share for police services and that amount is used in the formula calculation of each city's share. During discussion, Chief Young explained his administration of the budget, which is in large part driven by salaries, and responded to questions from the Councilmembers. Brancel reviewed the other cities' negative reaction to Shorewood's hiring of a part-time officer as it affects the Joint Powers agreement. She expressed concern that while Shorewood's need for services is increasing, continued reductions in the budget preclude service. Brancel supported cooperation among the Joint Powers cities, but considered some actions by individual cities detrimental to the Agreement. She supported an amendment to the Agreement that would provide for review of any cities' action that may affect the Joint Powers Agreement. The Councilmembers supported Chief Young's proposed budget. The Council generally supported the Joint Powers concept, but expressed dismay over continuing reductions in required services for Shorewood resulting from the Joint Powers Agreement and agreed that the issue should be thoroughly considered when the Public Safety contract expires in 1997. Stover moved, Daugherty seconded to approve the South Lake Minnetonka Public Safety Department 1995 Operating Budget and authorized Shorewood's total share in an amount not to exceed $428,338.89. Motion passed 5/0. 8. CONSIDERATION OF A SENIOR CENTER TASK FORCE RECOMMENDA TION Mr. Robert Gagne, Chair of the Senior Center Task Force, reported that the survey proposals will be presented to the mayors on August 24. The Task Force also intends to ask the other cities whether they would participate in funding construction of a scaled down senior/community center. Responses will be requested by September 15. 9. MATTERS FROM THE FLOOR - None. 10. DISCUSSION ON POLICY ISSUES - None. 11. ADMINISTRATOR AND STAFF REPORTS Hurm stated that Hennepin County has notified the City of a cut-back in recycling funds. He suggested that to partially offset the reduced funds, the Council may wish to consider a change in . . . REGULAR CITY COUNCIL MINUTES August 22, 1994 - PAGE 6 the program that awards $25 to the resident whose name is drawn if their recyclables are curbside by 7 a.m., and accumulates an additional $25 each week that it is not awarded. The change proposed would dispense with the practice of accumulating the award and would set $25 as the maximum award. The Councilmembers discussed the merits of the award program. While the majority of the Council agreed that the program has served its purpose as an incentive to recycle and should be abolished, Stover and Benson stated that some residents faithfully place their recyclable curbside by 7 a.m. for the opportunity to win the award. Benson moved, Stover seconded to set the recycling award in an amount not to exceed $25. Motion failed 2/3. Brancel, Lewis and Daugherty voted nay. Lewis moved, Daugherty seconded to abolish the recycling award program effective immediately. Motion passed 3/2. Benson and Stover voted nay. Dresel reported that MnDot intends to turn back to the City certain portions of properties along the frontage road on the north side of Hwy 7 from Old Market Road to the Greenwood city limits. He explained the condition of the area and road. Keane stated that negotiations for MnDot improvement of the road will be undertaken. 12. MA YOR AND CITY COUNCIL REPORTS Lewis, joined by Daugherty, expressed concern regarding the safety of pedestrians, bikers, children, etc. on Old Market Road because of a significant increase in traffic and speed violations on that street. It was acknowledged that the reconstruction of Vine Hill Road may be re-routing traffic to that street. It was agreed that staff should review the situation and develop recommendations to alleviate the hazardous conditions. Daugherty encouraged residents to report similar situations that may exist in other parts of Shorewood. Brancel suggested that in view of residents' poor rating of animal control in the City, staff research other sources for the service. 13. ADJOURN TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS Stover moved, Daugherty seconded to adjourn the Council meeting at 9:00 p.m., subject to the approval of claims, to a Work Session. Motion passed 5/0. The Councilmembers interposed no objection to cable televising of its Work Session. RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: M~C~~ JA S C. HURM, ADMINISTRATOR