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031290 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 12, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TU ORDER Mayor Haugen called the mee~lng to order at 7:30 P.M. and led those present in the Pledge of Allegiance. RULL CALL Present: Mayor Haugen, Councilmembers Gagne, Stover, Brancel and Watten. Staff: Administrator Whittaker, Public Works Director Zdrazil, Planning Director Nielsen, Attorney Froberg and Engineer Norton. AGENDA Mayor Haugen - Move item 12A-2 from her report to item 4A Whittaker - Add the sale of tax-forfeited land to Attorney's report - Add Use of the BMX track for a Little League field as item IlD-2. Froberg - Add Executive Session discuss litigation. to the end of the meeting to Gagne moved, Brancel seconded, to approve the Agenda as amended. Motion carried 5/U. CONSENT AGENDA RESOLUTION NO.20-90 Stover moved, seconded by Watten, to adopt the Consent Agenda: 1. Adopting Resolution No.20-90 granting a Waste Haulers license to Westonka Sanitation; and, 2. Calling a Public Hearing on Year XVI (1990) CBDG Grants for April 2, 1990, at 7:30 P.M. Motion carried 5/0 on a Roll Call vote. LOGO FOR COUNCIL CHAMBERS John Hunter advised the Council that the Logo with pine letters would be $4HO and one with oak letters would be $600. After considerable discussion on the merits of various stains and paints; Watten moved, Brancel seconded, that the Logo and letters be painted. Motion failed 2/3. Gagne moved, seconded by Stover, that Mr. Hunter be authorized to carve the City Logo and letters from oak with all parts stained at a cost of $600. Motion carried 5/0. -1- . . . MINUTES - MARCH 12, 1990 PAGE 2 CHRISTMAS LAKE/T.H. & INTERSECTION RESOLUTION NO.23-90 Bill Englehardt, Engineer for the City of Greenwood, asked the Council to consider a proposal for the intersection developed by the Green- wood City Council and property owners adjacent to the intersection, which would employ Alternative #4 for the south side and Alternative #1 - with a frontage road in front of the businesses west of Christ- mas Lake Road - on the north side. Mr. Englehardt said Mn/DOT will not be pleased with the frontage road access between T.H. 7 and Excelsior Blvd.; but, property owners in- sisted that the business traffic be kept off Excelsior Blvd. and "the businesses be preserved. In response to questions from Mayor Haugen and Stover, he said the plan for the south side - the part in Shorewood - would be the same as that approved by the Shorewood City Council earlier and that the MWCC lift station would not have to be moved under this plan. The Council agreed that this would not change the plan for the area in Shorewood but may not be the best alternative for alleviating con- gestion in Greenwood. Watten moved, Gagne seconded, to adopt RESOLUTION NO.23-90, approving the plan as related to the south side of the intersection of Christ- mas Lake Road and T.H. 7 with no recommendation of the plan for the north side of the intersection and forwarding said recommendation to Mc/DOT. Motion carried 5/0 on a Roll Call vote. PLANNING COMMISSION REPORT Stover reported that the Commission recommended approval of Fox Run West and would soon consider final recommendations on amendments to the fence Ordinance. She asked the Council if they had any concerns about the Boardwalk pro- posed for the lake shore in Wayzata and said the City should address a policy on the preservation of trees. Nielsen said tree preservation would be considered in review of the Comp.Plan and that the City could analyze the impact of the Boardwalk within existing and proposed Shore land Ordinances. The Council in- structed him to review and evaluate this for a recommendation to the Council. PARK COMMISSION - no report FOX RUN WEST - PRELIMINARY AND FINAL PLAT RESOLUTION NO.21-90 Stover moved, Brancel seconded, to adopt RESOLUTION NO.21-90 approving the Preliminary and Final Plat of Fox Run West, subject to the con- ditions in set forth in Brad Nielsen's 2 March 199U Memorandum. Motion carried 5/0 on a Roll Call vote. -2- MINUTES - MARCH 12, 1990 PAGE 3 . REQUEST FOR E.A.W. - WATERFORD, PHASE III Nielsen reviewed his 7 March 1990 Memorandum with the City Council. He said the E.A.W.s from Water ford I and II and Near Mountain address- ed the concerns raised in the petition for a new E.A.W.. In fact, with lower density, traffic projections were actually lower than the earlier reports indicated. A new E.A.W. could cost $10,000 and is not warranted. Gagne moved, Watten seconded, that the City Attorney be instructed to draw up Findings of Fact denying the petition for a new E.A.W., consistent with the Staff recommendation. Mayor Haugen, then, recognized Jay Hare - who had initiated the petition. He said he was concerned that previous comments had fallen on deaf ears. He expressed his belief that conditions had changed considerably since 1984 with the plans for Townline Road and the Cross- town extension. He challenged the traffic projections. He said speed limits should be reduced and stop signs installed to control traffic. He said the City should study the matter further as it could not anti- cipate current conditions in 1984. He said the project benefits the developer of Waterford Third Phase. He should pay for the E.A.W. . Mayor Haugen said the City was proactive in 1984 and planned the inter- section to relieve Vine Hill Road and Radisson Road and provide for safe, efficient access to the new development through the development of the Old Market Road collector street. The developer just happens to be proposing a project where that improvement needs to be completed. Gagne said we studied the problem in 1984 when densities and traffic were proposed to be higher - with a greater environmental impact. Brancel said we have actual numbers today and only had estimates in 1984; so more study might be worthwhile. Stover said a primary concern in 1984 had been the natural environment- wildlife, vegetation, and endangered species. She said residents of the area at that time were afraid they would lose these amenities if the area was developed. They expressed the need for a collector street to relieve existing streets and take care of traffic from the new development - and Old Market Road was the street designed to carry that traffic. Stover continued, saying the lower densities could only have less impact on the natural environment and result in fewer traffic problems for the residents. She sees no need to restudy the issues. The Council agreed the Findings of Fact should be presented to them on March 19, 1990. Motion carried 4/1 (Brancel). . COUNCIL CALENDAR Mayor Haugen reviewed the meeting schedule for March (Item llE-5) and explained that the Council would not have a quorum on March 26, 1990. -3- MINUTES - MARCH 12, 1990 PAGE 4 ~ WAIVING WEIGHT LIMITS Al Hirsch asked the Council to waive weight restrictions on Bracketts Road so he could bring in concrete to finish a home he is building on 22405 Bracketts Road. Zdrazil told the Council that he gets at least three requests a day for various waivers and the City has denied all of them. He said the roads were posted and the rules had been the same for over three years. Watten moved, Gagne seconded, to deny the request for a waiver of weight limits on Bracketts Road. Motion carried 5/0. KJOME - R-C ZONING DISTRICT INTERPRETATION Planner Nielsen explained that Dr. Donald Kjome wants to purchase property for a medical office in the R-C Zoning District, which does not permit operations after 9:00 P.M.: and, Dr. Kjome anticipates he will sometimes have to be in this office after 9:00 P.M. to retrieve records or update charts. While this occasional use after hours is generally not a problem, as long as there are no scheduled appointments at that time, neighbors have occasionally complained of similar activities in this building. Dr. Kjome said this might happen as often as three times per week. ~ Watten moved, seconded by Gagne, to honor Dr. Kjome's request and amend the Ordinance to permit it. Haugen said the Ordinance should be a- mended first. Nielsen said it would require a public hearing, which could not be scheduled until May. Watten withdrew his motion and Gagne his second. Watten moved, Gagne seconded, to direct Planner Nielsen to draft an amendment to the Zoning Ordinance defining "conducting business" to permit such after-hours visits. Motion carried 5/0. MATTERS FROM THE FLOOR - None AMENDING SECTION 801.09 OF THE CITY CODE ON SEASONAL WEIGHT LIMITS ORDINANCE NO.222 After Attorney Froberg explained the changes in road weight limit restrictions. Brancel moved, seconded by Gagne, to adopt Ordinance No. 222, "An Ordinance Amending Section 801.09 of the Shorewood City Code Imposing Seasonal Weight Restrictions Upon the Use of Streets of Highways Within the City", and waiving the second reading of the Ordinance. Motion carried 5/0 on a Roll Call vote. ~ TAX - FORFEITED PROPERTY - WOODSIDE CEMETERY ASSOCIATION Attorney Froberg explained that the parcel in question had part of the cemetery but that the Association had allowed tax-forfeit as no one could establish clear title to it. City could purchase it for $1.00 from the County and sell long been a it to go He said the it to the -4- . MINUTES - MARCH 12, 1990 PAGE 5 TAX - FORFEITED PROPERTY - WOODSIDE CEMETERY ASSOCIATION-CONTINUED Association for costs plus assessments. Gagne moved, seconded by Watten, to negotiate with the Association for the purchase of the parcel and, then, ask the County to release it to the City. Motion carried 5/0. LEFT TURN LANES ON T.H. 7 WEST OF HIGHWAY 41 Engineer Norton explained that Mn/DOT wanted to restripe T.H. 7 west of Highway 41 to provide for a left-turn lane. Norton said this might eliminate some right-turn lanes along the north side. Gagne said it might become like old 78th Street - more hazardous than the current situation. Haugen said the area was poorly lit and had many curves. Gagne moved, seconded by brancel, to instruct the City Attorney to prepare Findings of Fact opposing the left-turn lanes on T.H. 7. Motion carried 5/0. DESIGNATION OF MSA STREET SYSTEM RESOLUTION NO.22-90 . Engineer Norton explained that Mn/DOT has allowed the City to de- signate the MSA street system after the March 1 deadline as the City had just qualified for the program. Mayor Haugen reviewed the pro- posed list and suggested that Old Excelsior Blvd. and St. Albans Bay Road be part of the system. Norton explained that he had used the County State Aid system as a guide in preparing the new list. The Council took a break at 9:27 P.M. to change the video tape. The Council reconvened at 9:34 P.M. Norton explained that adding these two streets would bring the total miles designated to 14.+ miles and only 9 miles would qualify. Stover asked if the street on the Island should be included. Norton said the bridge would qualify if the street was included. Stover asked if in- cluding a street meant it must automatically be improved to that stan- dard. Norton said that it would only have to be built to the standard if MSA funds were used on it. Stover said residents may demand streets be improved if they are on the list. She expressed concern that Country Club Road and Lake Linden Drive may be improved more than residents want - as in a former County proposal to extend CSAH 19 down Country Club. Nielsen explained that we wanted to include as many streets as possible to justify the highest possible MSA funding. Watten expressed concern that MSA standards would disrupt the rural nature of many areas by requiring curb, gutter and storm sewers. . Gagne moved, seconded by Brancel, to adopt RESOLUTION NO.22-90 "A Resolution Designating the Minnesota State Aid Street System for the City of Shorewood." Motion carried 4/1 on a Roll Call vote with Watten voting against the motion. -5- MINUTES - MARCH 12, 1990 PAGE 6 . LITTLE LEAGUE FIELDS, FREEMAN PARK BMX TRACK Representatives of the Tonka Men's Club asked the Council if the City is willing to abandon the BMX track for a Little League field. While the Council would like the recommendation of the Park Planner and the Park Commission, it was the consensus of the Council that the field would be an acceptable alternative to the BMX track. STREET PROJECT 90-1, 1990 STREET OVERLAY PROGRAM In response to questions, Norton said the project does not include sealcoating nor MSA funds. Stover moved, seconded by Gagne, to approve the overlay of streets listed in Engineer Norton's March 6, 1990, letter and authorize the preparation of plans and specifications for said improvements. Motion carried 5/0. DEEPHAVEN CONNECTION TO SHOREWOOD WATER SYSTEM IN AMESBURY . Engineer Norton explained that the City of Deephaven had asked to connect a residence at 4715 Old Kent Road to the Amesbury water system, which is not permitted by the current agreement. Attorney Froberg suggested the City could amend the agreement with Deephaven to permit such connections, with Council approval, for the same fee and under the same conditions that we permit connections in the City - where the water system can support it. The current fee is $4,000 plus the cost of the meter and remote reader. Stover moved, seconded by Watten, to instruct the Attorney to draft an a agreement with the City of Deephaven providing for the same fees and conditions of connections within the City. Motion carried 5/0. Extensions of mains are not contemplated by this agreement and con- nections will be permitted on a case by case basis depending on the capacity of the system. The Council agreed to skip to Agenda Item No.llD-l. NOTICE TO ADJACENT PROPERTY OWNERS, PUBLIC WORKS DEPARTMENT Mayor Haugen explained that a resident had complained that the Public Works Department had trimmed a tree without notifying the resident - and the resident was very upset. The Council agreed that such trimming was necessary to maintain safe and clear rights-of-way and that this particular tree was entirely on the City right-of-way. The Council instructed the Administrator to advise people of the need for such work and the City's right to do it in the next Newsletter. THANK PUBLIC WORKS DEPARTMENT . Stover thanked the Public Works Department for the prompt work to re- lieve flooding during recent rains. -6- MINUTES - MARCH 12, 1990 PAGE 7 . USE OF FIRE LANES FOR MILFOIL HARVEST BY LMCD Planner Nielsen advised the Council that only one Fire Lane might be suitable for use by LMCD trucks harvesting milfoil: but, the Zoning Ordinance did not permit motorized vehicles of this type to use it. He suggested LMCD use Howard's Point Marina. The Council instructed Nielsen to write to LMCD indicating this. APPRAISALS FOR PUBLIC WORKS SITE Planner Nielsen advised the Council that appraisals for the two parcels may cost as much as $2,000. The Council agreed that the appraisal should show the value of the Cross property with the house and without the house. The Council wants the appraisal for the April 2, workshop. Gagne moved, seconded by Watten, to order appraisals for the Cross and Bishop parcels for a future public works site at a cost not to exceed $2,000. Motion carried 5/0. BUILD/LEASE-BACK PROPOSAL . Planner Nielsen told the Council that Marcus Development Corp. was in- terested in building a public works building by the Cross site and leasing it back to the City. The Council decided not to consider this now, at Mayor Haugen's urging. COUNCIL COMPLAINTS OF CODE VIOLATIONS Planner Nielsen advised the Council that he had received a list of Code Violations from Councilmembers Brancel and Gagne. He suggested the City send a reminder to each resident with such a violation that the City sponsors Spring Clean-up in May and that the offending sub- stances or objects could be disposed of at that time. This could take care of most offenses except for unlicensed or inoperable vehicles. Watten asked if such violations are usually handled on a complaint basis and said the Council had not sanctioned the inspection done by Councilmembers Brancel and Gagne. Stover said the City has a policy of handling such violations on a complaint basis and that Councilmembers represent the City. If Council- members - or any City employees - are going to look for such nuisance violations, the policy should be changed. Employees could be in- structed to look for such violations instead of responding to complaints. . The Council discussed a draft letter Nielsen had prepared. Gagne and Brancel said they felt the draft was acceptable and should be sent. Brancel said their inspection tour was little different from other years when Councilmembers toured the City and noted violations. Stover said the tour was intended to check for road repairs and other problems and she was absent the year they noted these other violations. -7- MINUTES - MARCH 12, 1990 PAGE 8 ~ COUNCIL COMPLAINTS OF CODE VIOLATIONS - CONTINUED Stover said such problems could often be resolved neighbor to neighbor without the City becoming involved. She also said inspections were not a City Council responsibility. Brancel and Gagne said that, as residents, they also had a right to complain: and, they were willing to have their names appear on the notice. Stover moved, seconded by Watten, to table this policy discussion until the next Council workshop. Motion carried 3/2 (Gagne, Brancel) UTILITY BILL ADJUSTMENT - DEFECTIVE METER Administrator Whittaker reported that Daniel and Karen Johnson moved from their home at 19370 Shady Hills Road without knowing that they had a defective meter which had resulted in their being billed $992.04 less than they should have been. The new owners did not feel res- ponsible and the discrepancy had occured because the City meter reader and billing clerk had not properly noted the error. The Council asked if the City had been billed by Minnetonka for the water used. They also instructed the Administrator to develop a policy of reading the inside water meters once each year to check on the remote readers. ~ Gagne moved, seconded by Brancel, to table this discussion until the next Council workshop. Motion carried 5/0. FLAT RATE REIMBURSEMENT FOR RECYCLING Whittaker reported that Hennepin County was considering a reimbursement formula for recycling that would be based on a flat per capita re- imbursement for recycling rather than a reward system for the number of tons and estimated percent of solid waste recycled. He said he believed this eliminated the incentive to recycle that the current formula provided. The Council agreed and instructed him to object to the new County proposal. COMPOSTING YARD WASTE Whittaker briefly advised the Council of progress on composting yard waste. He said he had a proposal from R&W Sanitation and had learned that the City of Minnetonka might offer a composting transfer station to other cities if it is approved by Hennepin County. TRAFFIC SIGNALS, T.H. 7 AND CSAH 19 ~ Whittaker advised the City Council that the City of Excelsior had ob- jected to the proposed Mn/DOT agreement for the construction and maintenance of the proposed stop lights (signals) at T.H. 7 and CSAH 19. The Council agreed with Councilmember Gagne that the lights should be installed even if Shorewood could not convince Excelsior to participate. The Council instructed Whittaker to write to Mn/DOT again and agree to pay for the signals. -8- MINUTES - MARCH 12, 1990 PAGE 9 ~ METRO COUNCIL POSITION ON SURFACE AND GROUNDWATER MANAGEMENT Mayor Haugen encouraged the Council to support the position of the Riley-Purgatory-Bluff Creek Watershed District opposing Metro Council management of surface and groundwater. The Council agreed. COUNCIL REPORTS - None ADJOURNMEN'l' Gagne moved, seconded by Stover, to adjourn to Executive Session, subject to payment of the following claims: GENERAL & LIQUOR FUNDS - ACCT. NO. OU-00166-02 General Liquor Checks # 3893-4007 $ 54,959.11 $ 32,279.35 Payroll Checklist: Checks # 203856-203890 $ 12,054.58 $ 2,934.98 'rO'l'AL $ 67,013.69 $ 35,214.33 ~ Motion carried 5/0. The Council adjourned to Executive Session at 11:18 P.M. Mayor Haugen convened the Executive Session at 11:18 P.M. to discuss pending litigation. Mayor Haugen reconvened the Regular City Council meeting at 12:U4 A.M. Watten moved, seconded by Gagne, to adjourn the Regular City Council meeting at 12:05 A.M. Motion carried 5/0. RESPECTFULLY SUBMITTED, Laurence E. Whittaker City Administrator/Clerk . -9-