072291 CC Reg Min
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.CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, JULY 22, 1991
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
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M I NUT E S
1.
CALL TO .Q.RI2E.R
Mayor Brancel called the meeting to order at 7:00 P.M.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Present: Mayor Brancel, Councilmembers Gagne, Stover,
Daugherty and Lewis, City Administrator Hurm, City Attorney
Froberg, City Engineer Dresel, City Finance Director
Rolek and City Planner Nielsen.
C. REVIEW AGENDA
Daugherty moved, Gagne seconded to approve the agenda with the
following corrections:
Item * 8 should be Beverly Janson not Glen.
Item * 15 was withdrawn. Councilmember Gagne said he would like
to discuss the item.
Motion carried - 5/0
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2. APPROVAL__OF ~L~I~$
A . City j;...9ungj...L..M~f;l:t...i.ngl...YlQ.r:..k.....s.~.~f;? i OIL-=._JU..!Y......e.",......J..9.9 t
Gagne moved, Stover seconded, to approve the City Council Meeting/Work
Session Minutes of July 8, 1991.
Motion carried - 5/0
3.
CONSEM.I..~
R.E.s..Q..WILQtL.NQ....._ZJ..=9...l
Gagne moved, Stover seconded, to approve the following Consent Agenda:
A. Proposed Resolution Setting Hearing on Proposed
Assessment for Delinquent Sewer and Water Utility
Charges, and City Clean-Up Charges.
B. Final PaYment for 1990 Street Improvement Project (#90-1)
Mayor Brancel said the hearing for item A will be Sept. 9, 1991 at 7:00
P.M.
. Motion carried - 5/0
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,REGULAR CITY COUNCIL MINUTES
JULY 22, 1991 - PAGE 2
4.
CQ~ I S_S I.QN.....R.f.:PORI.Q1..
A. Planning Commission
Gagne said he attended the Planning Commission meeting and agenda
items 7 and 15 were discussed at the meeting.
B. Park Commission
1. Park Capital Improvement Program
Administrator Hurm said the Council will receive a report on
the Park Capital Improvement program at the next City Council
meeting.
5. B..f:VIEW Q.;LJ~ESOLUTION NQ. ~2.:-91.J\PPROVING PRELIMINARY PLAI.._-=
JOHNSON'S .,F U~SLADD J 'I:.LQtf.
Attorney Froberg referred to paragraph 8 of Resolution 42-91,
approving the preliminary plat for Johnson's First Addition.
He said there is no statutory authority that allows the City to
delegate it's authority to a third party to grant approval when
acting as an architectural review board.
Froberg and City Planner Nielsen met with the Waterford neighbors
and they were under the impression that the Johnson lots were
included in the Waterford covenants and that there is an agreement
between Mr. Johnson and Trivesco to that effect. Froberg said the
City has seen no agreement between Johnson and Trivesco, and if
there is one, it would be a private matter between Johnson and
Trivesco.
Planner Nielsen said one of the neighbors asked if the discussion
could be tabled until the residents can locate the agreement
between Johnson and Trivesco.
Lewis moved, Daugherty seconded, to table reconsideration of the
resolution to the meeting of Aug. 26 to allow the residents of Waterford
Circle to obtain necessary documents to support their claims that the
Johnson lots are part of Waterford.
Motion carried - 5/0
RESOLYT I ON fi9~..._ 6f2.=9..!.
6. PROPOSED RESOLU'I:ION ~NYING SUBDlVISION/LO'I:~JDTH Y~~IA~Q~
Applicant:
Location:
~_~L~!"Ie l~ah 1..
61.:.80 Cat~g9rt......p'ri 'l~
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.REGULAR CITY COUNCIL MINUTES
JULY 22. 1991 - PAGE 3
Stover moved. Gagne seconded to adopt RESOLUTION NO~__Q.a=91_...."A Resolution
Denying SubdivisionlLot Width Variances to A. J. Meldahl."
Motion carried - 5/0
7 . .s.ETBA CK.. VA,R I..Al'!.c~.._:::_MQI I QtLIQ..-P.REP.,AE.E._....f..IND...lNg..s..
Applicant:
Location:
l<eyj.ll..._.an.9..-.G.~rl:L..Ku.~s t er.
.2aM........c..b.r:j~ t!Pas__._Lg,K~.._...R.oqg.
Stover moved. Daugherty seconded. to direct the attorney to prepare
findings of fact approving a front yard setback variance for a sidewalk
at 5885 Christmas Lake Road.
Motion carried - 5/0
8. .s."IGN PEm111
Applicant:
Location:
Bev~..tiY_ Janson
1928..2...J2..ta te_..l:ii ghwaY...2
GLEN JANSON spoke on behalf of his wife Beverly Janson. He said he
rebuilt the sign in the same location it has been for many years
and was given verbal approval by a person at City Hall. Janson
said many other local businesses have signs in the R.O.W.
Councilmember Daugherty asked him if he would have a problem
relocating the sign. Janson said he would have to destroy the sign
to relocate it because it is set in concrete. He asked if the sign
could remain in place until the new road construction begins.
Councilmember Stover said the Planner's report indicated that
Mn/Dot does not allow signs within it's R.O.W.
Brancel and Gagne indicated they will not override Mn/Dot.
Gagne moved. Stover seconded. to issue a sign permit to Beverly Janson
subject to relocation of the sign from the Mn/Dot right-of-way to her
property at 19285 State Hwy. 7.
Motion carried - 5/0
9. ORDINANCE A)lIENDING CH..~_prER J.~Ol......QF THE.._S.H..QB..IDYQQrLJ~lTX.._.co.D..E
( DEF I N I NG ~TR~~_'[s..2_-:..._.f.. I :ijJl't.....K~J\P...I N:.G.
Froberg presented a proposed Ordinance amendment to the Council for
a first reading. He stated the Ordinance has been modified to
include public and private R.O.W. in the definition of streets.
He said the final copy of the Ordinance will be presented to the
Council for action at the next City Council meeting.
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.REGULAR CITY COUNCIL MINUTES
JULY 22, 1991 - PAGE 4
OF{D I N~NGLN.Q..... 2~.Q
1 0 . Af:L..QR..D. I NAKGE......E.s..IA13L_H:?HIN.!;,L..A..._f..EE..._EQR__SPE..QIAL.._PERM tI_..IQ_.J..H..STALL.
1lNDe_B:.~BQ!l.N.P_..p...ER I NK1.ER_J..tl... R U?HT -::.Q.f..:-WA Y :...
Stover moved, Lewis seconded to adopt .QRDI..NAN:.c.E NO._ 24Q_._"An Ordinance
Establishing a Fee for Special Permit to Install Underground Sprinkler
in Right-of-Way."
Motion carried - 5/0
Administrator Hurm said this ordinance will apply to all private
properties and some common areas in the City.
R:e.SQI,.UT I QtL.;NO......._Z.G..::.2..l
11. PgOPOSED EES.OLUTtON ..A9CEP..IIN.G..J3J.D.lLA:r:;JP._Ay!ARDIN~_CONTI1ACT
CHl)..R~lL..B01\..P._._J MP.RQ.Y~Q.
Engineer Dresel recommended awarding the bid to Widmer Construction
because they were the low bidder at $103,500.
Gagne moved, Daugherty seconded to adopt RESOLUT.l..ON NQ........J_2-9J_"A
Resolution Accepting Bid and Awarding Contract for Church Road
Improvements to Widmer Construction."
Motion carried - 5/0
R:e.SOLUT I ON ..l.I.Q..._7_:2..=9..l
12. PROPOSED RESOkUJ'~QN....APP.llitVIH.G.. PLAHSJ_:r:;JD...._SPECIEJ...QATIQHQ......AND..
ORDER I NG .ADVEijIl.s...EMENT_ FQR_..5J DSJ.QR....P..l.tiE_llENlLWAI.ERMA I N .._.__..__
.E.XI~N~..IO~.....
Dresel presented the schedule for the Pine Bend project.
Bid advertisement - Aug. 19
Award Bid - Aug. 26 Council Meeting
Construction - Sept. to Oct.
Gagne moved, Stover seconded to adopt RE_SOLUTION NO. _J3:-9],._"A Resolution
Approving Plans and Specifications and Ordering Advertisement for Bids
for Pine Bend Watermain Extension. II
Motion carried - 5/0
RESOLUT I ON N<L.....Z1..=_2.1
13. RESOLUTION APPROVING PLANS AH.P_ SPECJFICATlQNS__AND.......QRD:e..RING.
AP"yE;RT I S~NT f...QR_:e.lD..Q._....f..QR__~.A.L.I.'-S.A1iILS.TORA~E_.aU l..LIH.N~.
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.REGULAR CITY COUNCIL MINUTES
JULY 22, 1991 - PAGE 5
Dresel explained that the salt/sand shed will be a three sided
lean-to. It will have wood siding and asphalt flooring and measure
44 I x 44 I .
Nielsen said the building meets all zoning requirements.
Daugherty asked Dresel if the shed meets EPA standards. Dresel
said the shed will meet the EPA requirements to prevent runoff.
The bids will be received until 11:00 A. M,Aug. 23, 1991 and a
the contract will be awarded at the Aug. 26, 1991 City Council
meeting.
Gagne moved, Stover seconded to adopt REsoLYT_lQN_..N.Q...........74..=.21.........A Resolution
Approving Plans and Specifications and Ordering Advertisement for Bids
for a Salt/Sand Storage Building. II
Motion carried - 5/0
RESOLUTJON t-lQ-,-75-QJ..
14. RESOLU,TION... APPROVING PLA~S AND SPE.QIFl.'c..ATtQ..N.S .....AN.D._m.~...D..ERl.NG.
l\DVERTISEr1ENT LOR._1.HD~f.OR-P..J.TE GRADIN~._Qf........s.M..InlTQ..WN RQAD.
PUBL I C W..9..BKS SITE.......
Bids will be received until 10:30 A. M. Aug. 19, 1991 and will be
awarding at the Aug. 26, 1991 City Council meeting.
Gagne moved, Stover seconded, to adopt RES.OLlITJ..Ql':!...J~Q..._ 75-9.1__"A
Resolution Approving Plans and Specifications and Ordering Advertisement
for Bids for Site Grading of Smithtown Road Public Works Site."
Motion carried - 5/0
15. P_.....U ....D........._.cON..C.E..ET ..J?..IAGi:_A.P..P..R.Q..\lAL _.=-_GJDEON..:.P._."c.9'\l.E.
Applicant:
Location:
JQhrLJ~11une UtI i..t.t.
La wt 9 n:kg..,J2I:iY..e.
WITHDRAWN
Gagne informed the Council that the Planning Commission recommended
denial of this concept plan because the density is too high.
He said part of the property has a peninsula and the City has had
problems in the past with residents wanting to install docks on it.
He said one dock is grand fathered but no more will be allowed.
Stover said the previous plat approval for this parcel stipulated
that the peninsula be attached to one lot.
Froberg said the City code provides that a dock can only be
installed on land where the principal dwelling is located.
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,REGULAR CITY COUNCIL MINUTES
JULY 22, 1991 - PAGE 6
REpOLl)]'j.QN_.liQ....._..Z 6-9.....1:.
16 . ,RESOLUIJ ON ESTABL I SH I N~__1i.N.D COM:6 I N I N.G.......Q.eRTAJ..N.....POS l.T I..QNS.......A.N.J)..
OFF Is:.;ES_ WITHtt.LTHf,;_C trY..._Of..... SHOREW..90D._..AND ~ND IN(L..IHE _~LOYEE.
RELATIONSHIe-E.OLLCY.
Hurm stated the positions to be established or redefined:
1. Executive Secretary/Deputy Clerk.
2. Assistant Deputy Clerk/Secretary for Public Works and Parks.
3. Secretary/Receptionist
Stover moved, Gagne seconded, to adopt RESOLUTION NO. 76~91.__"A
Resolution Establishing and Combining Certain Positions and Offices
Within the City of Shorewood and Amending the Employee Relationship
Pol icy. II
Motion carried - 5/0
RESOLUTION NO. _7z=21
17 . RESOL.UT I OL~KIN~.._.AP"'pO I NTMENTS TO C~I,A Il':L..OF...f...l..G.E.S......A.N.D.
POS t T tONS W tllU N.......lH~_G..Ll.:X....J)..f.........SHOREWOQ,Q.
The following appointments are proposed within the staff:
1.
2.
Anne Latter - Executive Secretary/Deputy Clerk
Susan Niccum - Assistant Deputy Clerk/Secretary for Public
Works and Parks
Beverly Von Feldt - Secretary/Receptionist
3.
Lewis moved, Stover seconded, to adopt RESOLUTION NO. 77::-...2.1..._"A
Resolution Making Appointments to Certain Offices and Positions Within
the City of Shorewood."
Motion carried - 5/0
18. LMC12 199..Z-BUllG..E'l:
Gagne move, Stover seconded to table the discussion of the 1992 LMCD
budget until LMCD Representative Rascop is present.
Motion carried - 5/0
19.
1992 ASSESSM~NT CONTRAC~ - ROLF ERI~KSO~
Councilmembers Lewis and Daugherty said the City should advertise
for bids for this position.
Stover said several years ago the City had a difficult time
finding someone to assess a City this size and Erickson has
done a good job.
Hurm said Hennepin County would charge the City $42,600 for
assessment. He talked to Erickson about some of the problems with
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,REGULAR CITY COUNCIL MINUTES
JULY 22. 1991 - PAGE 7
last years assessment and he is confident they will be handled.
Erickson did lower his fee somewhat in response to budget
restraints.
Stover moved. Gagne seconded to approve the 1992 assessment contract
with Rolf Erickson.
Motion carried - 5/0
20. 1992 POLICE .D.EEABTMEN:I,..lHlPG.ET _RE.Q.l,JEs..I
Stover said the formula used for the calculations is now based
mostly on demand for police service.
Froberg said the present Police Contract will expire on Dec. 31.
1992.
Daugherty asked how this contract compares with other cities.
Daugherty said an analysis should be done of the costs compared to
other cities.
Finance Director Rolek said the contract amounts are below average
costs for police protection.
Gagne moved. Stover seconded to approve the 1992 Police Department
Budget.
Motion carried - 5/0
21. STAFF REPORTS :.
A. ATTORNEY'S REPORT
1. Report on Declaration of Covenants - Sweetwater at Near
Mountain concerning the underground sprinkler systems in
right-of-way.
Froberg said easements were given by residents to Lundgren Brothers
for the installation of underground sprinkler systems. However.
these easements did not involve public R.O.W.
He said Sweetwater residents will be required to pay a fee for a
permit if they install sprinkler systems in the public R.O.W.
Gagne asked Froberg to inform the residents. Froberg said he will.
B. ENGINEER'S REPORT
1.
Report on State Highway 7 right turn lane into Freeman
Park.
Dresel said Mn/Dot plans to begin two right turn lanes on
HwY. 7. One at Eureka Rd. and HwY 7. and one at Church Road
and HwY. 7.
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.REGULAR CITY COUNCIL MINUTES
JULY 22, 1991 - PAGE 8
He said he would write Mn/Dot to expedite the project.
C.
PLANNING DIRECTOR'S REPORT
1. Report on private encroachments on trail property from
Silverwood Park to Highway 7.
Nielsen said he
are encroaching
them at night.
and will follow
has not been able to contact the residents who
on the park trail. He said he will try to contact
He will direct them to remove the trees and shrubs
this with a letter.
D. ADMINISTRATOR'S REPORT
1. Christmas Lake 1991 Eurasian Water Milfoil Inspection
Hurm said the report from Lake Restoration, Inc. indicates
there is no Eurasian Milfoil in Christmas Lake.
2. Report on Stop Signs at Rustic Way/ldlewild Path and
West Lane/Garden Lane
Hurm said these stop signs would not be placed at these
locations today. He does not recommend taking them down.
He said the request does show that the placement of stop
signs should be taken seriously and perhaps some guidelines
should be established.
Stover said the residents who requested these signs have moved.
The new residents want them removed.
Councilmember Lewis said the safety of neighborhoods should be
considered not just the flow of traffic when making these
decisions.
Stover moved, Gagne seconded to remove the Stop Sign at Idlewild Path
and Rustic Way.
Motion carried - 5/0
3. Report on evacuation of City underground fuel tank
Hurm said the diesel tank was removed. They found a small hole in
the tank. The MPCA has been contacted to look a any potential
environmental damage. He said there could be an expense involved
in this but it is reimbursable through a State Fund.
4. Meeting
Hurm said the July 29 study session on Capital Improvements is
cancelled and he suggested Wednesday, Sept. 4, 1991 at 7:00 P.M.
as an alternate date.
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JULY 22, 1991 - PAGE 9
22.
IJIA TIERS FROI~LTIiE F,.LQOR"...
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Daugherty said he had been contacted by Dennis Huber of 5885
Howards Point Road.
Huber has to replace his well at a cost of $2500 - $3500. He
said it will cost him $5100 to hookup to City water which is
not far from his property.
He would like the City to provide a mechanism for financing this
amount. He is not claiming he has a hardship.
Daugherty said there has been a lot of discussion about the City's
water policy and this type of financing could be part of the
policy.
Hurm said this would be a policy change.
Froberg said the state statutes provide for assessment of
connection charges but there is no provision in the City Code.
Lewis moved, Gagne seconded to prepare an amendment to the Ordinance to
revise the City Code to allow assessment of water hookup charges for a
period of 10 years.
Motion - withdrawn
Lewis moved, Gagne seconded, to add the water connection charge for
Dennis Huber to the Notice for Hearing on 1991 assessment for delinquent
utility charges.
. Motion carried - 5/0
23. COUNCIL RE~QRTS.....
A. MAYOR BRANCEL
1. Report on discussions on purchasing land for the Public
Works facility.
Brancel said the negotiations with Mr. Bishop have been dropped.
2. Report on July 10, 1991 SLMPSD Coordinating Committee
Meeting.
Brancel said Greenwood has offered to pay part of the police
expense for the July 4 fireworks.
She will obtain the final cost figures for the fireworks and the
Council will resume the discussion.
B. COUNCILMEMBER STOVER
Stover asked if the recycling company can recycle magazines. Hurm
will discuss this with the recycler.
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JULY 22. 1991 - PAGE 10
C.
COUNCILMEMBER GAGNE
Gagne asked Dresel if there will be a new intersection at Christmas
Lake Rd. and HwY. 7.
Dresel said MnlDot has dropped the project because of objections by
Greenwood.
D. COUNCILMEMBER DAUGHERTY
No report.
E. COUNCILMEMBER LEWIS
Lewis asked if all the Trivesco partners had signed the
Declaration of Covenants. Conditions and Restrictions. Brancel
said they had.
Lewis also asked about the status of the Old Market Road
intersection.
Dresel said they expect final approval by the 1st or 2nd week of
August and there will be more Special funds available than
anticipated.
Brancel said the interview tapes of engineering firms is available.
Hurm also said he will have a memo. regarding the candidates. available
on 7/23/91 for the Council members.
24. Al2J:.QJl.RNMENT S!1.BJECT IQ__..JJ:m.... PA.YMENL.Q.f......QL.A.U1a
Gagne moved. Stover seconded. to adjourn the meeting at 8:43 P.M.
subject to the payment of claims.
Motion carried - 5/0
~Nl2 LIQUQILFUNDS -_..ACCQU.NT -B!W1BER.__Q..Q-0016Q.:-0~
Checks issued since July 2. 1991
Check No. 7099-7144
.LIQUOR
$ 74.054.18
GENER~
$ 21.519.11
$ 95.573.29
TOTAL CHECKS ISSUED
Checks for Council approval
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.REGULAR CITY COUNCIL MINUTES
JULY 22, 1991 - PAGE 11
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Checks No. 7145-7187
I.O.IAL._-CHE..C.KS-._ FQR
APPIiO'l.A~
$ 160,582.40
JOT~L......CHECIL ~EERQ.YA.L.
L.Ls.r
$256,155.69
CHE.CK .. RE~S.I.ER.._..fQIL.J!.lL.Y_J~..._._l_9..2.1_..__P ~Y..ROLL
Checks no. 205293/205334
LIQUOR
$3.085.72
2EN...E..RAL.
$13,480.52
TOTA~.CHECKS ISa~ED
$16,566.24
R:f:S~;ECT.fULL Y _ SU}2Ml:ITE.P..
Katie Snyder
Recording Secretary
CI
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