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012290 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 22, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM . M I NUT E S CALL TO ORDER Mayor Haugen called the meeting of Monday, January 22, 1990, to order at 7:30 PM. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. ROLL CALL Present: Mayor Haugen, Councilmembers Brancel, Watten, Stover and Gagne Also Present: Administrator Whittaker, Engineer Norton, Attorney Froberg, Planner Nielsen and Assistant Clerk Niccum APPROVAL OF MINUTES ~ Brancel moved, Gagne seconded, to approve the minutes of the Regular Council meeting of January 8, 1990 as amended: Page eight typo - bottom paragraph - "representative" Page 10 Regular Session Reconvened at 10:02 PM - not 12:12 PM. Adjournment was at 10:06 PM - not 12:14 PM. Motion carried - 5/0. APPROVAL OF AGENDA Watten moved, Stover seconded, to have the January 22, 1990 agenda stand as written. Motion carried - 5/0. CONSENT AGENDA Item B-3 - "Approval of Dock Licenses" - Tabled Administrator Whittaker said he had talked to Planner Nielsen. The docks have not been inspected for some time, and should be inspected before approval. Gagne moved, Brancel seconded, to remove item B-3 - Dock Licenses - from the Consent Agenda. Motion carried - 5/0. ~ -1- COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page two ~ CONSENT AGENDA continued ~ Gagne moved, Brancel seconded, to approve: -Payment of Voucher No.2 to Visu Service Clean & Seal, Inc., 2849 Hedbey Drive, Minneapolis MN 55343-994, in the amount of $14,833.48; -Waste Hauler's licenses for: Blackowi4k & Son Chaska Sanitation Gopher State Trucking Haugen's Haulers Sanitation MJA Sanitation R&W Sanitation, Inc & R&W Roll-off Service Rueter, Inc. dba Waste Technology Waste Management - Savage Woodlake Sanitary Service; -and Cigarette Licenses for: American Legion Post 1259 Driskills Super Valu Howard's Point Marina Minnetonka Country Club Synder Drug Shorewood Food Mart (Fina) Skipperette Arnolds - Woodside Enterprises Motion carried - 5/0. PARK COMMISSION REPORT Freeman Park - Additional Little League Field Park Commissioner Lindstrom reported that he met with the Tonka Men's Club. They are interested in putting another Little League Field in Freeman Park and are exploring several alternatives. The possibility of moving the Babe Ruth Field over to the BMX site had been considered, placing another Little League field on the existing Babe Ruth field site. It appears that the BMX site will hold another Little League field, but may not be large enough for a Babe Ruth size field. The Men's Club also discussed the possibility of buying additional land from Wagner for a field site. They were also going to talk to some contractors for cost estimates, and contact Hennepin County Vo Tech to see if they would do some work on the field as a project. Freeman Park - Shared Use of Babe Ruth Field Lindstrom said that "South Lakes Baseball" and the teams from Bennett Field have been working with Jim Jones of Community Services. Jones said they both seem anxious to work out a compromise and share the use of the field. ~ -2- COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page three . PARK COMMISSION REPORT - continued Silverwood Park Questionnaire Lindstrom asked the Council to publish the questionnaire in the City newsletter. GroominK of Cross Country Ski Trails in Freeman Park Lindstrom said the Southwest Trail Association has offered to groom the walking trails in Freeman Park so they can be used as cross country trails. He explained that Commissioners had already checked with Hennepin and Carver Counties, and they were unable to do it. The Council discussed the problems with complaints regarding snowmobiles. Watten said the police should be required to police the trail. Haugen said it is a matter of catching them. Administrator Whittaker said individuals can file complaints against people causing problems with snowmobiles. The Council discussed pros and cons of grooming the trails. Brance1 asked the cost, and was told its free. She suggested that as long as no cost is involved, why not try it for a year. . The Council pointed out that they wished to make it absolutely clear that if they accepted the grooming of the trails, it would in no way influence their decision regarding use of snowmobiles in Shorewood. Watten moved, Gagne seconded, to allow Southwest Trail Association to groom the walking trails in Freeman Park for cross county ski use for a period of 1 year. Motion carried - 5/0. Parks Maintenance and Improvements Watten said he thought something was going to have to be done to provide funds on a permanent basis for improvements and maintenance of City Parks. Silverwood Park Questionnaire Watten, and the rest of the City Council, complemented Park Commissioner Weatherly on the excellent job she did on the questionnaire. PLANNING COMMISSION REPORT Stover said the last meeting had been a joint meeting with the City Council. She said the Planning Commission is in the process of updating the Comprehensive Plan. . FEASIBILITY STUDY - IRON REMOVAL/TREATMENT FOR S.E. AREA WATER SYSTEM Administrator Whittaker said there are several alternatives that can be taken. He said he thought it was the understanding of the City Engineer that the Council was looking for a report that they could take to a Feasibility Hearing. Whittaker said this is one approach. -3- COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page four . FEASIBILITY STUDY - IRON REMOVAL/TREATMENT FOR S.E. AREA WATER SYSTEM continued Whittaker said another approach to take would be to just come up with a good cost estimate for an iron removal plant in the current pumphouse area in Silverwood Park so there would be enough information available to advise the affected property owners of the cost involved, and try to access the needs and interest shown. This would dictate how much money to spend. Whittaker asked the Council for feedback, how much information they want? Stover said it appears that this would be expensive. Do we need more information? Where are we going with this? Should we meet with the neighbors? Find out if they are interested enough to pay this kind of cost? Have the meeting with neighbors first before spending additional monies to find out what is basically already known? Gagne said before meeting with a whole group of neighbors...he wants to know the cost. Haugen said they may find out that treatment in individual homes is less expensive. . Watten said all the answers can only be available through study. He wondered if it is decided to do nothing--what will repairs cost? Stover brought up the fact that the dollar figure may not include everything. Haugen said she didn't find a breakdown as to what Associated Consultants was going to do for the cost indicated. Whittaker said there was a short synopsis in their original proposal, and at the last meeting they provided a supplement listing things they had not included. Noel Vogen of Associated Consultants said he met with Administrator Whittaker the other day and they discussed the scope of the project. He said he was receiving the impression that his company would not be doing. alL OSM has proposed to do. Vogen disagreed, saying that other than the differences listed in his January 8, 1990 report, they would be doing everything OSM would be doing with the exception of looking into alternative filter system~ Haugen asked how many hours it would take. Vogen said he would be doing the study himself, that it is a fairly simple matter and with his firm this type of work doesn't require a team. He said it would take him 48 hours. He said he review the water based on analysis, and if he finds anything unexpected, he would relay this information to Administrator Whittaker. . Vogen said his firm would present costs on an iron removal plant, softening treatment, and both. -4- . . . COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page five FEASIBILITY STUDY - IRON REMOVAL/TREATMENT FOR S.E. AREA WATER SYSTEM continued Engineer Norton said he felt both companies had made assumptions from the December 4, 1989 meeting of what the Council wanted. He discussed the problems that they are aware of. He referred to plants in different cities, regarding both iron removal and softening plants. Norton said he felt there is a fair amount of investigation necessary- the technical, neighborhood concerns, meetings, good communication, financing, assessing, etc. ' Norton referred to the hours, saying Associated Consultants Engineering, Inc. said 48 hours, OSM said 164 hours, the City is getting 4 x the input for 4 x the cost. The Council discussed ways of comparing and evaluating the work to be done by the two firms. Norton suggested getting something out to the neighborhoods to see how much interest is shown, do a complete evaluation if there is a great interest. Gagne moved, Brancel seconded, to send out questionnaires to the affected residents in the S.E. Area. Council discussed methods of delivery, how to set up the questionnaire, what happens if it comes out SO/50? Watten said if so, the Council should act. Motion carried - 5/0. Council asked Administrator Whittaker and Eng~neer Norton to set up a questionnaire, put it together, and present results at the February 1, 1990 meeting. (Council agreed that having results by February 1 was impractical and a draft should be prepared for February 1 per phone survey after the meeting.) Brancel moved, Gagne seconded, to table the two'proposals until February 1, 1990. Motion carried - 4 ayes - 1 nay (Watten). HIGHWAY 7 INTERSECTIONS AND FRONTAGE ROADS, MN/DOT PLANS & RESPONSES Christmas Lake Intersection MnUot IS requestIng prelImInary approval of the intersection. Engineer Norton has reviewed the maps. The intersection would be moved approximately ISO' west on its current location. This would result in relocation of the residence at 21285 Radisson Road, moving two garages (21265 and 21235 Radisson Road), and closing several access points to Highway 7, Radisson Road, Radisson Entrance (would become a cul-de-sac), and an access in Greenwood. Northland Yachts in Greenwood would have to relocate. A retaining wall would be built along Radisson Road. The M.W.C.C. Lift Station would need relocation. . . . COUNCIL MINUTES MONDAY, JANUARY 22, 19-90 Page six HIGHWAY 7 INTERSECTIONS AND FRONTAGE ROADS, MN/DOT PLANS & RESPONSES continued Haugen asked if the Shorewood area to the west and south of the current_intersection is wetlands? Planner Nielsen said it is a swamp, b_ut not designated wetlands. There would be a new culvert into the wetlands, the whole system would be improved according to Mark Benson of MnDOT. Benson said the retaining wall to be placed along Radisson Road would be concrete with J...rail. This is safest and prevents cars from running off the road. It is also a headlight and noise deflector. Gagne asked what Greenwood's reaction to this was? Benson said they are attending a meeting with Greenwood on February 1, Greenwood is not yet aware of Alternative 4. Stover asked why Staff picked this plan over others? Nielsen said for overall safety. He said the other plans resulted in 2 intersections very close together. Council was told that the cul-de-sac on Radisson Entrance is a courtesy to allow snow plows to turn around. Haugen asked where the lift station would go? MnDOT didn't know yet. She asked that it not be located directly across from someones home. Council asked if any affected landowners have been contacted? MnDOT said this isn't done until a plan is finalized. This plan could still change. Watten moved, Gagne seconded, to approve Alternative 4 for the Christmas Lake Intersection. Motion carried - 5/0. Before any action is taken, a public hearing will be held.by MnDOT. Vine Hill Road Intersection Engineer Norton reviewed the intersection map with the Council. Benson said the current proposal for the intersection would infringe onto residential property. Watten asked if the landowner would be compensated? Benson said yes, fora strip approximately 10' x 50'. Haugen said the City had promised that the intersection would not go onto residential property. She asked if the intersection could be pulled back to the property line? MnDOT said they thought that could be done without creating a problem. One Council member asked why they couldn't use the property behind Burger King instead? Benson said that the intersection has to remain perpendicular in order to meet MnDot specificiations, if the inter- section is not perpendicular, it becomes less safe. -6- . . . COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page seven HIGHWAY 7 INTERSECTIONS AND FRONTAGE ROADS, MN/DOT PLANS & RESPONSE Vine Hill Road Intersection - continued The improvement of the service roads was discussed. This included the service road from the Old Market Road intersection to the Vine Hill Road Intersection, and from the Vine Hill Road Intersection to the Vine Hill Road Shorewood border. The City of Minnetonka will then improve the service road in Minnetonka. Gagne moved, Brancel seconded, to give concept approval to MnDOT for the Vine Hill Intersection contingent upon moving the 12' encroachment out of Shady Hills residential property. COUNCIL BREAK - 9:30 TO 9:35 PM Stover and Haugen express~d their convictions that the intersection should be moved west. Benson said people are not used to streets that are not perpendicular. They could end up in the wrong lane. He again said that the inter- section has to meet certain geometric standards or MnDOT will not approve it. Council and MnDOT discussed the various businesses affected. MnDOT said that even if the intersection was moved west, there was no way to avoid taking Arnolds out. Motion failed - 2 ayes - 3 nays Watten moved, Stover seconded, presented, and asking MnDOT to moving the intersection west. Brancel and Gagne. to disapprove the intersection plan come up w1th an alternate design Motion carried - 3 ayes - 2 nays - SOUTHWEST AREA TRAFFIC IMPROVEMENTS Highway 101 and Townline;Old Market Rd. RESOLUTION NO. 13-90 Planner Nielsen reviewed his report of January 18, 1990, with the Council. He pointed out the trail easement from the north side of Silverwood Park to the south service road of Highway 7 on the map. Nielsen explained the proposal for Townline Road where it comes out from the west and intersects with 101. Hennepin County proposes to broaden the curve on 101 at that intersection and twist Townline Road into a "T" at that location. He said he had discussed the intersection with both the City of Minnetonka and Hennepin County. They discussed southbound access to-lOl~ This would not allow traffic to go east on 101 to Crosstown, nor to come back that way. Minnetonka is not in a position to make a decision at this time because they are involved in a larger issue, Crosstown. The status of their negotiations depends on what they decide on the overall plans for Crosstown~ The'overall improvement for that roadway could be delayed 8-10 years. He said Minnetonka is in line for a Hennepin County Capital Improvement Program, and if they delay too long on the final plans, the project will be placed at the end of the lis~7~gain. COUNCIL MINUTES JANUARY 22, 1990 Page eight . SOUTHWEST AREA TRAFFIC IMPROVEMENTS Highway 101 and Townline; Old Market Road - continued Planner Nielsen then went on to make the recommendations given in his January 18, 1990 report. Nielsen said that if Townline was southbound only, it could force more traffic north on Vine Hill Road and Old Market Road. Gagne asked if cars stop at the Covington Road stop sign now? Nielsen said mostly, some kids go on the other side of the sign onto private property. Haugen encouraged Nielsen to continue to talk to Minnetonka about putting in a berm and making Townline Road on our side a one-way, south. Watten moved, Gagne seconded, to establish a budget to begin upgrading the trail from Covington Road to the service road south of Highway 7. Motion carried - 5/0. Jay Hare asked if the City at Water ford Place and Old place to put a stop sign. they will speed to make up had considered putting in a stop sign Market road? Nielsen said this is an odd If people have to stop in a place like this, time. ~ Hare asked why reformatting of the Vine Hill Road/Covington Road intersection is so important? Nielsen said it may not be necessary, so the City is holding off. Hare asked why instead of sharing traffic between Vine Hill Road and Old Market Road, it should all be directed through Covington Road to Old Market Road? Watten agreed with Hare. Hare said the residents have environmental concerns, in 1984 when the EAW was done, 3800 cars were estimated to use Old Market Road, now 8000 are estimated to use it. Phase III now faces Highway 7 and will draw more traffic, originally it was designed to face the townhouses. He said usually EAW's are done with each phase. He said they will petition the City for a new EAW. The Council and Staff discussed stop signs and crosswalks at length. They also discussed speed bumps. Haugen related one incident in the City where we had a speed bump and a child on a bicycle was seriously injured because of it, she is against them. "Rumble strips" were also discussed for use where bicycles don't ride. Nielsen, Norton, and Whittaker were requested to look into them. RESOLUTION NO. 13-90 . Stover moved, Gagne seconded, to adopt Resolution No. 13-90 - "A Resolution to Place a Stop Sign on Sweetwater Curve and Covington Road". Motion carried by roll call vote - 5/0. -8- . . . COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page nine MATTERS FROM THE FLOOR Discussion of Financin~ for Old Market Road Intersection Financing alternatives will be discussed at the City Council Workshop meeting on Thursday, February 1, 1990. Comprehensive Plan Review Planner Nielsen said the format has already been established. Planning Commission will try to do it in 1990, probably early The summer. Jim and Carol Slau~hter-5570 Old Market Road-Comments on Water Study Carol Slaughter said she is pleased at the attention the water problem is getting, however, she thinks the City is looking at it backwards. The water is not drinkable. Both Slaughters said they expected clean drinkable water, and don't expect to pay for a water treatment. STAFF REPORTS PLANNER'S REPORT Mobile Phones Planner Nielsen asked for clarification on whether the City is interested in accepting Cellular One's offer to present the City with 3 mobile phones. Installation would be free. He quoted rates. He asked if the City wanted to get the phones for SLMPSD? The Council discussed the issue at length. Gagne moved, Stover seconded, not to accept the phones offered by Cellular One. Motion carried - 3 ayes - 2 nays - Haugen/Watten. Tax Forfeited Property Planner Nielsen informed the City of 4 parcels of A. 32-117-23-12-0010 Wildrose Lane B. 32-117-23-24-0011 Smithtown Road C. 32-117-23-32-0002 Currently handled by Daniel Randall as trustee. the Council that Hennepin County had advised land that are coming up as tax forfeit land. very low - serves somewhat as drainage - approximately 1 acre approximately 10.5 acres quite developable - sits in center of single family residential area - considered for Public Works site and for Senior Housing - doesn't meet criteria for either - Public Works: too far west; too difficult to buffer; Senior Housing: out of the way; neither very acceptable for center of single family residential. approximately 1 acre - buildable Woodside Cemetary borders land on east and south - appropriate for cemetary. -9- . . . COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page ten STAFF REPORTS - continued PLANNER'S REPORT Tax Forfeited Property - continued D. 35-117-23-11-0016 Christmas Lake Gagne moved, Stover offering: 32-117-23-12-0010 32-117-23-24-0011 32-117-23-32-0002 35-117-23-11-0016 Motion carried by small piece of property landlocked by another piece - approximately 15' x 30' seconded, to have the Attorney draw a Resolution for public sale for public sale find name of trustee and send letter sell to adjoining property owners roll call vote - 5/0. stating for sale Rental Housin~ Code - Review and Set Hearin~ Held in abeyance. ATTORNEY'S REPORT Resolution Approvin~ a Simple Subdivision & Lot Width Variance Location: 27095 Edgewood Road Applicant: Phyllis Lovrein Attorney Froberg said there is a problem with the legal description, so Mrs. Lovrein has to go through an R.L.S. procedure, this will take time so the item should be tabled. Gagne moved, Watten seconded, to table the Simple Subdivision and Lot Width Variance for Phyllis Lovrein of 27095 Edgewood Road for 90 days. Motion carried - 5/0. Resolution Approvin~ a CUP to Exceed 1000 Location: 5635 Christmas lake Point Applicant: Harley Feldman Watten moved, Stover seconded, to Resolution Granting a Conditional Space to Harley Feldman". Motion Sq. Ft. of Accessory Space RESOLUTION NO. 12-90 adopt Resolution No. 12-90 - "A Use Permit for Additional Accessory carried by roll call vote - 5/0. Tax Abatement for Lot 86 of Auditor's Subdivision 141 Attorney Froberg said he checked the statutes pertaining to tax abatement. The City does not have the authority to abate these taxes. Amendin~ City Code Relatin~ to Health and Safety Provision, Chapter 501 Gagne moved, Brancel seconded, to waive adopt Ordinance No. 221 - "An Ordinance Shorewood City Code Relating to General Motion carried by roll call vote - 5/0. ORDINANCE NO. 221 the second reading, and to Amending Chapter 501 of the Health and Safety Provisions. -10- COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page eleven . STAFF REPORTS - continued ATTORNEY'S REPORT Widmer Lawsuit - Status Attorney Froberg asked that this item be continued until the end of the meeting and discussed in an Executive Session. ADMINISTRATOR'S REPORT Recyclin~ The Council discussed the bins at the Shorewood Shopping Center, and the possibility of moving the bins to the City Hall Parking Lot. The reason for discussion being the mess that builds up around the bins at the shopping center. Watten moved, Stover .seconded, keeping the bins at the Shorewood Shopping Center, moving the bins as far west as possible, and that the moving be done by Public Works. Public Works is also requested to check on the area and keep it clean. Motion carried - 5/0. Watten moved, Gagne seconded, that bins are not to be put at City Hall. Motion failed - 2 ayes - 3 nays. . Brancel moved, Stover seconded, that bins be placed at City Hall after the next newsletter goes out. Planner Nielsen said the City is trying to clean up Badger. Public Works Director Zdrazil said the bins would be in the way for snow plowing. Brancel and Stover withdrew their motion. Additional replacement bins Brancel moved, Stover seconded, to charge $7.00 for replacement recycling bins. Motion carried - 5/0. Compostin~ Yard Waste No discussion COUNCIL BREAK - 11:20 - 11:25 - Animal Control Brancel moved, Gagne seconded, to approve the three-year animal control contract with the City of Chanhassen at $22 an hour, and authorize the Mayor and Administrator to execute a contract for the service. Motion carried - 5/0. . Extra Patrol The Council does not think they are necessary at this time, but will discuss and act at a later date if necessary. -11- COUNCIL MINUTES MONDAY, JANUARY 22, 1990 Page twelve . STAFF REPORTS - continued ADMINISTRATOR'S REPORT Codification of Ordinances SterlinK Codifiers Stover moved, Gagne seconded, to approve payment of $1,840. to update 115 pages of the 1987 City Code and make fifty (50) copies of the Code Supplement. Payment to be made to Sterling Codifiers. Motion carried - 5/0. Fee for Subscriber Service Council left this up to Administration. 1990 LeaKue of Minnesota Cities LeKislative Conference This will be held March 14 at the Radisson Hotel in St. Paul. If interested please contact Administrator Whittaker A.S.A.P. City LOKO Whittaker said one person never did return his calls. Mr. Hunter is in the process of carving the letter in oak. Haugen said to call Vern Haug in Tonka Bay, he will furnish another name. . Computer Bids Stover moved, Watten seconded, to ~ advertise for Bids with a bid opening date of March 5, 1990. Motion carried - 5/0. February MeetinK Calendar January 29...... ..Work Shop Cancelled February 1........Work Shop February 12.......Council meeting cancelled - no quorum February 26..... ..Regular Council meeting February 7 - 14. ..Gagne Acting Mayor COUNCIL REPORTS . LMCD Haugen went to meeting for intergovernmental topics. She said the information will come back in booklet form and she would like everyone to review it. If you have any proble.s, tell Administrator Whittaker and have him respond. Police-SLMPSD Quarterly Board MeetinK Haugen attended the meeting and handed out information to Council. MTC Haugen said she happened to see a small article in the paper saying MTC is considering closing Saturday service. There will be a public hearing in the Excelsior Chambers on February 21 at 7:30 PM. -12- COUNCIL MEETING MONDAY, JANUARY 22, 1990 Page thirteen . Ginny Smith - Extra Hours while Deputy Clerk on sick leave Stover moved, Gagne seconded, to approve extra hours for Ginny Smith. Motion carried - 5/0. Recycle Article Gagne called attention to a good article in the January 17 Sailor paper. ADJOURNMENT Gagne moved, Brancel seconded, to adjourn the regular Council meeting of January 22, 1990 at 12:08 AM, and to enter an Executive Session. MOtion carried - 5/0. EXECUTIVE SESSION The Executive Session was called to order at 12:18 AM. ADJOURNMENT OF EXECUTIVE SESSION The Executive session was adjourned at 12:52 PM. RECONVENE REGULAR COUNCIL MEETING The Regular meeting was reconvened at 12:52 AM. . Payment of OSM Bills Watten moved, Stover seconded, approved payment of Offi1bills for Freeman Park, including ballfield fencing. Mot1on carried - 5/0. Temporary SiKn Permit - Finamart Brancel moved, Watten seconded, approval of a temporary sign permit for Finamart - a 4' x 8' temporary sign announcing a car wash. ADJOURNMENT OF REGULAR COUNCIL MEETING Stover moved, Watten seconded to adjourn the meeting at 12:54 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED, Susan Niccum Assistant City Clerk anfHaugen .ay r Laurence E. Whittaker . Administrator/City Clerk