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070990 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JULY 9, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Mayor Haugen called the meeting to order at 7:30 PM. PLEDGE OF ALLEGIANCE Mayor Haugen opened the meeting with the Pledge of Allegiance. ROLL CALL Present: Mayor Haugen, Councilmembers Gagne, Stover, and Watten and Brancel, Administrator Whittaker, Attorney Froberg, Engineer Norton, Public Works Director Zdrazil. AGENDA REVIEW Brancel moved, Gagne seconded to approve the Agenda with the following additions. 1. Under Council Reports, Councilmember Gagne wanted to discuss the percentage of petitioners need to request improvements. 2. 13-B-1 Add Harding Acres, 3rd Addition, status report. 3. Calendar - Council Meeting is July 23 not 25th. Motion carried - 5/0. APPROVAL OF MINUTES Gagne moved, Watten seconded, to approve the Minutes for the Council Workshop of June 20, 1990. Motion carried - 5/0 Brancel moved, Stover seconded, to approve the Regular Council Meeting Minutes of June 25, 1990 with the following amendment: 1. Pg. 3 Fourth paragraph from bottom, should be area. Motion carried - 5/0. COMMISSION REPORTS A. Councilmember Stover reported there was no Planning Commission meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JULY 9, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 . LETTER FROM ANGELA WEATHERLY Mayor Haugen read a letter from Angela Weatherly announcing her resignation from the Park Commission, due to personal reasons. Haugen felt she had done an outstanding job and would be missed. Haugen wished she did not have to accept her resignation. She wanted Sue Niccum to find time for the Council to get together to say goodbye to Angela. Anyone interested in the Park position from eastern Shorewood, should contact the City Administrator. Haugen moved, Gagne seconded to accept the resignation of Angela Weatherly from the Park Commission. Motion carried - 5/0. DRAINAGE PROBLEMS - SHADY HILLS APPLICANT: REV. ALMQUIST LOCATION 19355 SHADY HILLS RD. . Reverend Almquist presented his concerns about the overflow of the storm sewer near his house. Considerable damage was done during the spring rains and again .on June 28th. The drainage pipe is intended to carry water from the west side of his house to a pond in the back. However, when the pipe overflows, the water backs UP against the house: the pressure has broken windows and the water flows through his house to the pond. Rev. Almquist asked the City to find a way to carry the overflow away from his house. He also asked the city for help in repairing the inside of his house. . Engineer Norton sited the 1975 drainage report and said that the pipe was designed for a 5 year storm frequency return. The pipe is 24" and this is an accepted design. There have been more storms than normal and Rev. Almquist receives water from three directions. The pipe cannot handle the water in it's current condition. Haugen asked Attorney Froberg what responsibility the City had. Attorney Froberg stated the City had no responsibility for acts of God, unless the City was negligent. Stover asked what it would take to provide proper drainage. Norton indicated that a very large pipe would be necessary and it would not be feasible to try to accommodate the largest storms. He said that a swale with rip-rap could be put in at the lowest point as an alternative. Gagne questioned whether the swale would be earthen. Norton said no. Gagne also questioned repair on private property. The City had done repair on property on IVY Lane. Administrator Whittaker felt the City might be put in a position of having to repair many other properties. If the City was going to repair private property, they must define the terms and conditions. Haugen felt the City should draw up criteria. Stover indicated this was a unique situation. Haugen asked if this was considered a flood or rain. Rev. Almquist ~ CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES. JULY 9. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 e said there was no insurance coverage. Public Works Director Zdrazil said that the City had been out to the site six times this year. Gravel driveways are washing out and increasing the problem. He also indicated that the clean up of the house in 1987 was due to a sanitary sewer back-up. not surface water drainage. Watten moved. Gagne seconded. to instruct the City Attorney and City Administrator to draft a policy on City repairs on private property, Motion carried - 5/0. Stover and Gagne felt the repairs should start immediately. Norton felt this could be an emergency staff project. Zdrazil and Norton could draw up plans and show them to Rev. Almquist. There would have to be a temporary easement and some removal of trees. Brancel felt the Engineer should have the authority to start the project immediately. Gagne moved. Brancel seconded. to authorize the City Engineer to study the problem at 19355 Shady Hills Road and advise Administrator Whittaker so he can notify the Council of the cost and get approval by phone. Motion carried - 5/0. e APPEAL - FALSE ALARM PERMIT APPLICANT: JAMES WOOG LOCATION: 27200 WEST 62ND ST. Brancel moved. Gagne seconded. to deny the appeal from the requirement for a False Alarm Permit of Mr. WOOg. The Council felt there was no basis for his appeal. under the Ordinance. A letter would be sent to Mr. WOOg. Motion carried - 5/0. SPEED ZONE STUDY - NEAR MOUNTAIN BLVD. APPLICANT: PETITION LOCATION: NEAR MOUNTAIN BLVD. RESOLUTION NO. 62-90 MnlDOT has given Shorewood two proposals for Speed Zones. 1. Continue statutory speed limit of 30. 2. Post 25 MPH; and encourage the City to post curve warning signs. Whittaker stated they recommend against posting City streets as it is confusing. They do. however. recommend posting warning signs on curves. Stover moved. Watten seconded. to adopt RESOLUTION NO. 62-90. II A Resolution Authorizing the Public Works Department to Post 4-way Stop Signs at McKinley Place and Near Mountain Blvd. II e. Motion carried on a roll call vote - 5/0. Stover moved. Watten seconded. to direct the Public Works Department to install warning signs on curves. where warranted. on Near Mountain Blvd. Motion carried - 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES. JULY 9. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 . PARK COMMISSION REPORT PARK COMMISSIONER WILSON . At their June 12th meeting the Park Commission discussed the Silverwood Park trail. Part of the trail is being maintained by the residents. They felt it should be made clear to residents where the trail is located. Administrator Whittaker said he would send letters to the residents pointing out the easement. however. their titles should show this easement. Froberg also stated the County Recorder has these easements on file. Wilson said the Park Commission felt the Freeman Park walking trails should be marked. so people are aware of them. The Commission also felt there should be a sign at both entrances to Freeman Park stating the rules of the Park. They felt the Freeman Park road should remain two way but should be widened. The money for this would come from their proposed budget. Wilson said that $2500.00 had been donated by the Legion for a fountain at Freeman Park and was put in the general fund. Haugen said they should ask the Park Planner for his recommendation on this. A time for a joint meeting of Council and Park Commission would be determined later. Council Liaison Watten cannot attend the July lOth meeting and the Commission felt someone should attend. the Council agreed. Shorewood - T-shirts can be sold at the City Hall. The money helps to support the Parks. There are adult and child sizes. RESOLUTION APPROVING CONSTRUCTION RESOLUTION NO. 63-90 VOUCHER +2 AND FINAL PAYMENT FOR FREEMAN PARK BALLFIELD FENCES AND APPURTENANT WORK FOR FREEMAN PARK Gagne asked if the fields had been inspected? Norton said the final fine grading had been done and the fields inspected. Gagne moved. Stover seconded. to adopt RESOLUTION NO. 63-90. "A Resolution Accepting Fencing and APPURTENANT Work for Freeman Park and Approving Construction Voucher +2 and Final Payment." Motion carried on roll call vote - 510. Brancel asked to see a summary of all Park costs. MATTERS FROM THE FLOOR OPTION ON BISHOP PROPERTY .' Mr. LeRoy Bishop spoke and said he was still waiting for a personal visit from one of the Council. He also inquired as to why Mr. Cross was keeping his house and 1 acre of property; while he was asked to sell his entire parcel with his home. Haugen stated that the Staff report would be ready on Thursday and she would call Mr. Bishop for an appointment to meet. Mr. Bishop reiterated his position that Shorewood did not need his property. He said the City of Minnetonka only had 15 acres for it's Public Works and Chanhassen only has 2 acres. He felt the Tom Thumb n . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES. JULY 9. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 site on Hwy 19 or the land next to the Shorewood Center would be good locations. Mr. Bishop visited his neighbors and few knew of this matter. He read from his journal of May 24. Administrator Whittaker had phoned him and Bishop said the phone was not the proper place to discuss the matter. The next day he received a letter from Whittaker. He felt Mr. Whittaker should apologize for mentioning condemnation. Mr. Bishop said he felt he is being forced out of his home and that the Council does not feel the pulse of the community. Mr. John Bishop stated that because of Mr. LeRoy Bishop's hearing problem. any conversations or transactions must include Mrs. Bishop or one of their children. Haugen asked John Bishop for his phone number for future reference. Gagne stated that his first comment about this proposal was that Mr. Bishop needed someone with him during the conversations. Stover also stated the Council and Staff were not demanding his property. CHURCH ROAD PETITION Mr. Neil Vegsund of Church Rd. wondered why the Church Rd. petition was not on the Agenda. Haugen said this would be discussed when the Council takes up the majority rule issue. REVIEW FEASIBILITY STUDY FOR IRON REMOVAL/SOFTENING. S.E. AREA WATER RESOLUTION NO. 64-90 Haugen asked Whittaker how many replies the City had received on the Iron Removal Study. Whittaker said he would get the report. Gagne requested they move up the talk on majority rule because of the number of people in the audience. They agreed to talk about it after the Iron Removal discussion. Mr. Noel Vogen of Associated Consultants Engineers. Inc. was in the audience to explain the study. Gagne indicated he did not want a detailed explanation now. it would be better to wait until the public hearing. Haugen explained that there had been complaints about the water coming from well + 7 in the Waterford area. This well had been paid for by the developer under the supervision of the City. The City asked Associated Consultants to study the problem. The study indicated that the water was of good quality but high in iron. Mr. Vogen proposed that an iron removal/softener be installed at the pump house. The building would be 20'x 541 x 16'. An unidentified resident of the Waterford area asked who will pay for the system. He also stated that a public hearing was often a difficult time to resolve all the questions. He wanted a copy of the study to show his neighbors before the public hearing. Haugen said the Council had not decided who would pay for the system. Stover said it was usually the users who paid. usually through rate increases or assessment. Gagne said that he had received many calls and letters from residents who are adamant about not paying for a system they are not using. Gagne did feel it would be a good idea for the residents to have copies of the study. Resident felt one copy was sufficient. he could make copies. C. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES. JULY 9. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 Whittaker asked the Council if they wanted to present a preferred option at the public hearing. Gagne and Stover felt the options should be left open for the residents to decide. Haugen asked the Attorney how to gO about setting a date for a public hearing. Froberg said they needed to pass a Resolution accepting the study and calling for a public hearing. There has to be two public notices published. the last one at least 3 days before the hearing. All of the residents affected will receive letters announcing the hearing at least 10 days before the hearing. Mr. Vogen indicated that the annual assessment would be $40.00 per year for 10 years for all the residents. Stover questions Tables 1 and 2 in the study. She asked why the total cost was higher for 10 years than 20. Vogen said he would check the figures and give them to Whittaker tomorrow. July 10. Gagne moved. Brancel seconded RESOLUTION NO. 64-90. "A Resolution Accepting the Feasibility Study for Iron Removal/Softening in the S.E. Water Area and Ordering a Public Hearing. II on the feasibiliby of the Project on Sept. 12. 1990. at 7:30 P.M. at Minnewashta School BREAK - 9:30/9:40 Stover had further questions about Pg. 7 of the study. Vogen answered her first question about Table 1. The table included the City's existing water bond with the proposed assessment but the Staff recommended they separate them on Table 2. Motion carried on roll call vote - 5/0. REVIEW POSITION ON MAJORITY RULE Haugen stated that Gagne had requested the Council review their position on petitions. Currently the policy requires 100% of residents sign a petition to initiate a feasibility study. Gagne said his position is that 51% of the residents should be needed on a petition. If 51% ask for a feasibility study. it should be done. Then. if the majority agree with the study and a project is ordered. all residents of area would be assessed. Haugen said this is a great change in policy and would change the policy for all petitions. Stover said that a prior policy had been very simple. On road improvements people paid by front footage on the road. A petition had to have a majority of people with front footage because they would have a major financial interest. She thought there should be a definite assessment policy even if it were different for roads and drainage. Gagne felt the size of the lot shouldn't matter. Stover felt a person's vote would be weighted on how much they would have to pay. Watten felt if the Council establishes proportional voting a resident would want more than one vote. Haugen said other cities use the number of people on the street. Froberg stated that several things are necessary to even consider a feasibility study. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES. JULY 9. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 1. The State Statute says that the owners of 35% of the front footage on a street must sign the petition. or 4/5 majority of the Council is required for approval. 2, The signers must agree to pay for the study in their petition if they are to be charged for the study. 3, If the project is ordered and assessed by the Council. then the feasibility study can be included in the total assessment. Gagne moved. Brancel seconded. to adopt a policy that 51% of affected property owners would be sufficient to call for a feasibility study. Motion carried - 3 aye-2 nay (Watten - Stover), Brancel felt no petition should be accepted without an agreement to pay. Unidentified resident questioned if she would be charged according to how much land she owns, Stover said this was her concern, The people with the least front footage could call for improvements as the policy now stands. Stover moved. Gagne seconded. to adopt a policy whereby property owners would be assessed for road improvements on the basis of footage fronting on the road, Motion carried - 4/1 (Brancel), Mr, Vegsund. Church Road resident. said he should have the same vote regardless of the size of his property. He felt he was equally inconvenienced by a poor road as a neighbor with more land, Mr, Lance DeTrude. a Church Road resident. stated that 51% of those who signed the petition might not own 35% of the front footage, Froberg said this could be a conflict; but. this would be determined before any improvements were ordered. Whittaker felt any policy that was established would not require the Council to order something they felt was inappropriate, Haugen instructed the City Attorney and City Administrator to put together a petition heading so that people would know they would have to pay, Unidentified resident asked if this project was just blacktopping. Council said it was drainage and blacktop road improvements, Vegsund asked if Church Rd, could hook up to the water system on Maple Lane. Haugen said they could include it in their petition. REVIEW RFP FOR JOINT PROSECUTOR Gagne moved. Stover seconded. to leave the Prosecutor's position as is. Motion carried - 5/0, Haugen said she felt. if the joint prosecutor was housed with the SLMPSD. there might be a perception of collusion and residents of the City would not feel represented, CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES. JULY 9. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 . RESOLUTION APPROVING THE JOINT COOPERATION AGREEMENT FOR CDBG WITH HENNEPIN COUNTY. RESOLUTION NO. 65-90 Stover moved. Brancel seconded to adopt RESOLUTION 65-90. "A Resolution to Approve a Joint Cooperation Agreement with Hennepin County for CDBG programs for 91/92/93." Motion carried on roll call vote - 5/0 STAFF REPORTS ATTORNEY CHRISTMAS LAKE LITIGATION: The Attorney for Ms. Christensen has notified the City that they are appealing the Trial Court decision. The matter will be heard. by the Court of Appeals. on the record. There will be no new testimony taken. . AMENDMENTS TO SECTIONS 501/502 OF CITY CODE. GRASS CONTROL . Stover felt the Planning Commission should see the Amendments first. Brancel disagreed. she felt the Planning Commission had been given an opportunity to draw up these amendments. Whittaker wanted to define the areas to be mowed more clearly. Gagne felt this would not be a problem as it would only be on a complaint basis. Brancel said they are talking about an area that has been let go in a neighborhood of mowed lawns. The previous Ordinance only pertained to noxious weeds not grass. Watten thought the Amendments were ridiculous. that the City was dictating to people. We should allow residents some latitude. Stover felt grass length was not a health. safety or welfare problem. simply a matter of taste. She reminded the Council that the Planning Commission was against this. Brancel moved. Gagne seconded. to adopt an Ordinance Amending section 502 of the Shorewood City Code Relating to General Health and Safety Provisions on grass height. Motion failed - 2 aye /2 nay (Haugen abstain). Watten wanted to know what provisions the City has for surveillance. Haugen said her concerns were with the residents who have 2-3 acres. They might not want to mow it all. Haugen moved. Watten seconded to send the Amendments to the Planning Commission for comments. Motion carried - 3 aye-2 nay (Brancel and Gagne). . ENGINEER HARDING ACRES: Norton said Harding Acres 2nd and 3rd Additions were to be completed last year. The 2nd Addition is completed. except for blacktop. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES. JULY 9. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 Norton sent certified letters to Mr. Jack Worledge and Mr. Adrian Johnson. the developers. officially notifying them that. if the projects were not completed by July 1. 1990. the City would finish them and draw against the letter of credit for the cost. Mr. Worledge did contact the contractor. in June. to complete the 2nd Addition. Norton told them to hold off until they heard from Mr. Johnson about the 3rd Addition. Mr. Johnson did not reply by July 1 and now wants a thirty day extension. The Staff felt he should not be given an extension of time as he had ample time to complete the work. Norton wants the Attorney to review the development agreement and wants the Council's authorization to proceed with the work and draw on the developer's letter of credit for the cost. Gagne moved. Watten seconded. to authorize the City Administrator. working with the City Attorney and City Engineer. to arrange for the completion of the road work and appurtenances in Harding Acres 2nd and 3rd Additions and to draw on the letter of credit for the cost. Motion carried - 5/0. ADMINISTRATOR MPELRA CONFERENCE: Gagne moved. Stover seconded. to authorize the Administrator to attend Wednesday and Thursday of the MPELRA Annual Meeting in St. Cloud. Motion carried - 5/0. FRANKLIN DAILY PLANNER SEMINAR AND PROGRAM Whittaker recommended the staff attend this seminar and obtain the day planners. Haugen said the seminar could be obtained on tape and only Whittaker should attend the seminar. Watten moved. Brancel seconded. to authorize the Administrator to attend the Franklin Seminar and to obtain the tapes and day planners for the Staff. Motion carried - 5/0. USE OF THE CITY ENGINEER IN PARKS: Whittaker referred to his letter of June 29. 1990. The letter set out 6 alterntives for the use of OSM and VDHS in the City. Gagne felt the City should work with the Park Commission. Park Commissioner Wilson felt VDHS had more experience with parks and the Park Commission wanted them. Gagne moved. Brancel seconded. to adopt alternative 2. using VDHS for Park projects exclusively. Motion failed - 2 aye-3 nay (Haugen. Stover. Watten). Stover felt +4 would be best. it allowed the Administrator to make the decision who to use on a project. Whittaker stated that. if the Council preferred +4. then they had to recognize that + 2 was true. VDHS has all the necessary disciplines to do the Park projects. He preferred not to pay two firms for the same positions. Stover felt that having OSM and VDHS would not be a . . . ~ CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JULY 9. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 duplication. The Administrator would decide when OSM would handle the project and when to use VDHS. Norton said that most park projects needed very little civil engineering. Haugen moved, Gagne seconded, to authorize the City Administrator to decide who will do the Engineering work in the Parks. Motion carried - 3 aye-2 nay (Gagne and Brancel). PERA CONTRIBUTION: Councilmembers agreed to allow Council participation in and City contributions to the PERA Defined Contribution Plan. Froberg will find out if they can do this immediately or need to wait until Jan. 1, 1991, as this may constitute a pay raise under State Statute. COUNCIL REPORTS. HAUGEN: Haugen said an 8 years old boy, who is dying of cancer, wanted to get in the Guiness Book of World Records by receiving the most get well cards. She encouraged residents to send cards. GAGNE: He said he would go to the Park Commission meeting on July 10, 1990. He said both speakers would attend the July 16th Elderly Housing Meeting. STOVER: Did Trivesco ever own the water system? Norton said no. She said she had information for Council on the TIF conference she attended. The Minnehaha Creek Watershed July 12 report would have a complaint against a Shorewood resident. Administrator said he would find out about it. BRANCEL: When would the yellow house on Smithtown Road be burned down? The neighbors were wondering. Administrator would find out from the Fire Dept. She was interested in returning to goal setting for the Council and felt the Council was repeating the same topics for discussion. There should be a workshop on priority items. Whittaker said there have been. WA'M'EN : Shorewood has a competitor in the Olympic Festival, Katie Pilley and Council should recognize her. Administrator said he would send a letter to her. He mentioned the Shorewood T-shirts will be on sale for $12.00 Haugen said they had a letter from Martin Zgraggen concerning a noise barrier on the Vine Hill Road Intersection. City has heard nothing from Mn/Dot. City also received a letter from Mark Kelly, of the Excelsior Chamber of Commerce, thanking the City for their contribution to the Fourth of July fireworks. .l...... CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES. JULY 9. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 11 . ADJOURNMENT SUBJECT TO PAYMENT OF CLAIMS Brancel moved. Gagne seconded. to adjourn the meeting at 11:40 P.M., subject to the payment of claims. Motion carried - 5/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since June 22, 1990. Checks No.4637-4664 GENERAL $16.454.48 $ 43.091.46 TOTAL CHECKS FOR APPROVAL $50.938.91 LIQUOR $26.636.46 TOTAL CHECKS ISSUED Checks No.4664-4703 TOTAL CHECK APPROVAL LIST $94.030.37 PAYROLL REGISTER JULY 9. 1990 Checks No.204175/204214 ~ TOTAL PAYROLL GENERAL $12.607.30 $15.664.53 LIQUOR $3.057.23 RESPECTFULLY SUBMITTED. Katie Snyder Recording Secretary ADMINISTRATOR/CLERK LAURENCE E. WHITTAKER . 'I -I ...