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062590 CC Reg MinCCTTY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JUNE 25, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7 :30 PM A G E N D A 16 § 0 1 K11 lJwk! A. Pledge of Allegiance Watten Stover B. Roll Call Brancel Mayor Haugen Gagne C. Review Agenda 2. APPROVAL OF MINUTES A. June 4 1990 - <Council Workshop (Att. #2A - Minutes) B. June 11, 1990- Regular City Council Meeting (Att. #2B - Minutes) 3. APPEAL - NOTICE TO REMOVE Location: 5970 Afton Road Applicant: Michael O'Brien (Att 13 - Appellant's Letter) 4. CONTRACT WITH LMCD /DNR FOR SHORELAND GRANT AGREEMENT (Att. #4 - June 5 Ltr from LMCD) 5. PROPOSAL TO UPDATE MASTER PLANS AND CIP FOR PARKS (Att. 15 - June 8 Ltr from Koegler) 6. ASSESSMENT AGREEMENT AND CONTRACT FOR TAX I NCREMENT -FINANCE DEVELOPMENT 'BETWEEN ' THE CI'I.Y OF SHOREWOOD AND SHE RMAN- BOOSALIS INTERESTS, INC. (Att. 16 - Final Drafts) 7. PETITION FOR FEASIBILITY STUDY OF STREET IMPROVEMENTS Location: Church Road Applicant: Petitioners 8. MATTERS FROM THE FLOOR (Att. #7 - Planner's Memorandum) _1_ CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 25, 1990 0 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 APPEAL NOTICE TO REMOVE APPLICANT: MICHAEL O'BRIEN LOCATION : 5970 AFTON ROAD Planner Nielsen indicated that Mr and a boat stored on his property him. This is a zoning violation. Gagne moved, Watten seconded, to Mr. O'Brien. Motion carried — 4/0. O'Brien still had a pile of brush The boat is licensed but not to grant a 30 day extension of time to CONTRACT WITH LMCD /DNR FOR SHORELAND GRANT AGREEMENT RESOLUTION NO. 58 -90 Administrator Whittaker said the LMCD asked the Lake Minnetonka cities to cooperate in the signing of this agreement to meet the standards mandated by the DNR on shoreland management. Councilmember Stover questioned page 5, number 4. Why is the LMCD involved with non —Lake Minnetonka shoreland? Planner Nielsen said the DNR defines the lakes in the Cities and they must conform to DNR regulations. The LMCD is simply offering technical assistance in conforming to the regulations. They are not setting the rules for other lakes. Gagne moved, Stover seconded, to adopt RESOLUTION NO. 58 -90 "A • Resolution Authorizing Mayor Haugen and Administrator Whittaker to Execute the Shoreland Grant Agreement with the MN /DNR and LMCD." Motion carried on a roll call vote — 4/0 PROPOSAL TO UPDATE MASTER PLANS AND CIP FOR PARKS Whittaker recommended that the Council accept the proposal from Van Doren Hazard Stallings to update the Master Plans and the Capital Improvement Program for the City parks. This would cost up to$2500. Councilmember Watten said he felt this was needed. Watten moved to accept the Van Doren proposal not to exceed $2500. Gagne seconded. Motion carried — 4/0. ASSESSMENT AGREEMENT AND CONTRACT FOR TAX RESOLUTION NO. 59 -90 INCREMENT FINANCE BY AND BETWEEN THE CITY RESOLUTION NO. 60 -90 OF SHOREWOOD AND SHERMAN— BOOSALIS INTERESTS INC. Attorney Froberg referred to page 14 section 5.4 of the Amended Contract for Tax Increment Finance Development. This section was added per the agreement with Sherman — Boosalis. Haugen questioned page 9 of the agreement. The values of Parcel A and Parcel B. Stover felt there should be a completion date for construction. Finance Director Rolek said that the residential development was to be • completed by 1995 and commercial development by 1992. In addition, the agreement will state that completion dates will be pursuant to the schedule set forth in the Development Agreement with Sherman — Boosalis. George Sherman of Sherman — Boosalis stated that he felt the Contract would work for both the City and Sherman — Boosalis and both parties should proceed with development. 2 CITY OF SHOREWOOD COUNCIL CHAMBERS REGULAR COUNCIL MEETING 5755 COUNTRY CLUB ROAD MINUTES, JUNE 25, 1990 PAGE 3 • Councilmember Watten felt there should be an honest look at low density commercial development. Mr. Sherman agreed. Gagne moved, Stover seconded, to adopt RESOLUTION NO. 59 -90 "A Resolution Approving the Contract for Tax Increment Finance Development by and between the City of Shorewood, Minnesota and Sherman - Boosalis Interests, Inc. ", and Authorizing the Mayor and City Administrator to Execute said Contract on Behalf of the City." Motion carried on a roll call vote - 4/0. Gagne moved, Watten seconded, to adopt RESOLUTION NO. 60 -90. "A Resolution Approving the Assessment Agreement and Assessment's Certification By and Between the City of Shorewood, Minnesota and Sherman - Boosalis Interests, Inc." Motion carried on a roll call vote - 4/0. Haugen congratulated Mr. Sherman on the award Sherman - Boosalis won, in Minneapolis, for low income housing. PETITION FOR FEASIBILITY STUDY OF STREET IMPROVEMENT APPLICANT: PETITIONERS LOCATION: CHURCH ROAD Mr. Neil Vegsund of 6155 Church Road spoke on behalf of the residents • of Church Road. He stated that the road was one of the few unfinished roads in Shorewood and that there were drainage problems throughout the year. The last four lots in the area were just developed. The water had drained to these lots. Haugen stated that the City has paid for roads but individual property owners were responsible for resolving drainage problems. Planner Nielsen presented his recommendations for a feasibility study. He stated that the drainage problem must be solved first. The City needs a larger easement and a turn - around at the north end. The cost of the feasibility study should be borne by the residents whether or not the project is undertaken. Engineer Norton said that there are a number of problems to consider in this project: 1. Soil conditions 2. High water table 3. Where to drain the water Norton stated that the water would probably have to drain over land. There is a 12" pipe that goes across the abandoned railway track, but this would have to be enlarged to accommodate the additional drainage. Another alternative would be a holding pond. Watten and Gagne felt that any feasibility study should include the whole subwatershed aarea. Norton said that a storm sewer study done in the 1970's proposed draining this area to the marsh north of Smithtown Road. The project was never done. Norton felt the feasibility study would cost $3200.00 Two soil borings would also be necessary. Gagne said those would cost about $1800.00. The total cost would be $5000.00. Gagne asked Nielsen if the road needed to be so wide. Nielsen stated that this was not unusually wide, they would need the extra space for utility easements and snow storage. CITY OF SHOREWOOD COUNCIL CHAMBERS REGULAR COUNCIL MEETING 5755 COUNTRY CLUB ROAD MINUTES, JUNE 25, 1990 PAGE 4 • Mr. Jonathan Kennedy, Sr. of 6135 Church Rd. asked if he would loose trees along the road. Nielsen said that some may be lost. Kennedy also asked why he was not advised by the builder that there were drainage problems. Nielsen said that in the plan review, the City had advised the builder that there were problems. Mr. Lance DeTrude of 26620 W. 62nd St., owner of lots 2,3,4,5, asked if he would be assessed and can he divide the property if he gives an easement. Nielsen said that he could not speculate on subdivision without reviewing the files, but an easement alone would not preclude subdivision. Mr. Vegsund felt that the entire area, not just the unfinished part of Church Road, would benefit by the project. Would the residents spend money for the feasibility study and find out they would still be flooded? Haugen stated that it was hard to get people to pay for drainage problems in Shorewood if they were not directly affected. Stover stated that an assessment hearing must be held. Froberg said there were two hearings but the first one could be waived if 100% of the people were willing to be assessed. At the time of assessment the residents can object, if they can show that the costs are excessive. Stover asked if the soil borings benefited the City. Watten asked if the soil borings were necessary. Norton answered yes to both questions. . BREAK - 9:30 to 9:40. Stover asked if the City could split up the study and make it 2/3 street and 1/3 drainage. The residents would then pay for the 1/3 of the $5000.00 study. Stover moved, Gagne seconded, that the feasibility study be divided between the City and the residents on a 2/3 -1/3 basis. Whittaker indicated that the money to pay for the study would come out of the City Contingency Fund. Gagne called the question. Motion carried - 3/1 (Haugen) Stover moved, Gagne seconded, that the homeowners present a petition stating they will pay $150.00 each for the feasibility study, or the project will not be started. Motion carried - 4/0. Mr. Detrude asked if the City would do the project? Council said it would be put out for bids. Mr. Vegund asked if the Engineer could start the study upon receipt of the petition. Gagne moved, Watten seconded, a Resolution to prepare a feasibility study, not to exceed $5000.00, contingent upon receipt of a petition by 100% of the property owners who will agree to bear 1/3 the cost or $150.00 per household even if the project does not proceed. Mr. Detrude asked Engineer Norton if he could estimate the cost of the project. Mr. Norton said that was what the feasibility study did. Mr. Detrude stated he could not go along with this. Mr. Gagne withdrew his motion and Watten seconded. Mr. Gagne said he wanted the Council to take a position on majority rule in the City. Stover agreed that 100% approval of affected owners was too difficult to get. The Council encouraged the residents to discuss payment of the feasibility study and return to the Council July 23, 1990. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 25, 1990 • MATTERS FROM THE FLOOR COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 Haugen attended the softball tournament at Freeman Park and felt the Park Commission should be told they have done a fine job. Haugen also felt there should be playground facilities for children at Freeman. Jim Wilson, Park Commission liaison was in attendance and indicated that the Park Commission wanted to meet with the Council. OPTION ON BISHOP PROPERTY Mr. Leroy Bishop of 24140 Smithtown Road spoke request to purchase his property. Mr. Bishop was not for sale and he wished the City would properties. Haugen told him they had looked at many other suggested as the best location. Mr. Bishop reiterated that he did not wish to condemnation for a Public Works Building. He happy working with the City staff. PLANNING DIRECTOR'S REPORT concerning the City's stated that his property consider other sites and his was sell and would fight any also said he was not COMPLAINT FOLLOW -UP ON DALLMAN - moved to next meeting. . 2535 BIRCH BLUFF ROAD - LONG GRASS: The City has not heard from the owners and the matter has been turned over to the Public Works Department for mowing of the right -of -way. Council will look into an Ordinance on grass trimming. KUEMPEL CLOCKWORKS : Planner Nielsen felt they had complied with the fencing requirements and intend to comply with the landscaping and they should be granted a C.U.P. Watten moved, Gagne seconded, to grant a 30 -day extension to Kuempel Clockworks to plant trees for landscaping. Motion carried - 4/0. ATTORNEY'S REPORT RESOLUTION NO. 57 -90 Stover moved, Watten seconded, to adopt RESOLUTION NO. 57 -90. "A Resolution Granting a Set -Back Variance to Thomas H. Harris of 4715 Lakeway Terrace." Motion carried on a roll call vote - 4/0. ENGINEER'S REPORT RESOLUTION NO. 61 -90 GLEN ROAD DRAINAGE : Norton said the preparation of a current cost estimate for the Glen Road Special Taxing District would cost $1500- $2000. Gagne moved, Stover seconded, to adopt RESOLUTION NO. 61 -90 "A Resolution ordering the City Engineer to Prepare a Feasibility Study for the Glen Road Drainage project ", at a cost not to exceed $2000.00. Motion carried on a roll call vote - 4/0 WATER PLAN: Norton said he needed to know what the population forecasts are for the City. A 1984 study had estimated a population saturation level of 11,000. Nielsen felt this was high. Watten stated that the Metropolitan Council set our sewer capacity at 25,000 people. 5 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 25, 1990 Norton felt that, by the 2nd meeting in figures and the update of the Water Plan SCHEDULE MEETING WITH COUNCIL: Meeting P.M. to discuss the City Engineer's role ADMINISTRATOR'S REPORT COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 July, he should have the done. was set for with OSM. July 10 at 8:00 LETTER TO SOCCER ASSOCIATION: The draft letter will be sent to the Tonka United Soccer Association if the Council approves it. The Council made no corrections. ENCHANTED ISLAND POLLING: Letter was Island asking residents to volunteer a Elections. CITY CODE SUPPLEMENT: Supplements are BISHOP OPTION sent to residents of Enchanted polling place for the Fall ready for Councilmembers. Mr. Whittaker wanted to state that he tried to arrange a personal meetings with Mr. Bishop but could not. Mayor Haugen said she would bring the report on the City plans to Mr. Bishop's home before the hearing on the C.U.P. for a Public Works Building. BREAK: 11 :30 to 11:40. COUNCIL REPORTS . WATTEN: Nothing to report. GAGNE: IRON REMOVAL He wanted to take Iron Removal off the July 16 Agenda because he knew people who wanted to comment and Council would need more time. The speakers on Elderly Housing could be moved up. The discussion on Iron Removal was moved to Monday, July 30 at 7:30 or the regular July 9 meeting. OLD MARKET ROAD He also requested the Mayor send a letter to Excelsior explaining Shorewood's position on the Hwy. 7 intersection with Old Market Road. STOVER: Nothing to report. HAUGEN: MINNEHAHA CREEK WATERSHED BOARD Wanted to send letter to other Lake Cities on representatives. The Council agreed to send a letter on Watershed Board appointments. DRUG TESTING Would like to look into Drug and Alcohol testing. Felt we should have policy. The Council instructed the Administrator to study the drug program. ADJOURNMENT SUBJECT TO PAYMENT OF CLAIMS Watten moved, Gagne seconded, to adjourn the meeting at 11:50 P.M., subject to the payment of claims. Motion carried — 4/0. GENERAL AND LIQUOR FUNDS — ACCOUNT NUMBER 00- 00166 -02 GENERAL LIQUOR Checks No.4538 -4586 $21,928.74 $56,046.70 TOTAL CHECKS ISSUED $ 77,975.44 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 25, 1990 • Checks No.4587-4636 • PAYROLL REGISTER JUNE 20, 1990 Checks No.204143/204174 TOTAL PAYROLL RESPECTFULLY SUBMITTED, Katie Snyder Recording Secretary COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 TOTAL CHECKS FOR APPROVAL $104,023.88 TOTAL CHECK APPROVAL LIST $181,999.32 GENERAL $12,325.66 $15,258.89 ADMINISTRATOR/CLERK LAURENCE E. WHITTAKER LIQUOR $2,933.23