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101491 CC Reg Min , \ ,,I" . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 14, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 . M I NUT E S 1. CALL TO ORDER Mayor Brancel called the meeting to order at 7:30 P.M. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel, Councilmembers Gagne and Daugherty and City Administrator Hurm, City Attorney Sellergren, City Engineer Dresel and City Finance Director Rolek. Absent: Councilmembers Stover and Lewis, City Planner Nielsen. C. REVIEW AGENDA Gagne moved, Daugherty seconded to approve the Agenda. Motion carried - 3/0 . 2. APPROVAL OF MINUTES A. City Council Meeting - September 23, 1991 Gagne moved, Daugherty seconded to approve the City Council Minutes of September 23. 1991 with the following correction: 1. Pg. 2 - Resolution No. 102-91 is the approval of the Gideonls Cove Concept Plan. Motion carried - 3/0 B. City Council Meeting - September 30, 1991 Gagne moved. Daugherty seconded to approve the City Council Minutes of September 30. 1991. Motion carried - 3/0. 3. CONSENT AGENDA Mayor Brancel read the following Consent Agenda: . A. Motion to Direct Staff to Prepare Findings of Fact for a C.U.P. for Accessory Space in Excess of 1200 Square Feet. 1 . ~ I~ ';1, REGULAR CITY COUNCIL MINUTES OCTOBER 14.1991 - PAGE 2 . . . Applicant: Location: Richard Baker 5235 Howard's Point Road B. Motion to Direct Staff to Prepare Findings of Fact for a C.U.P. for Accessory Space in Excess of 1200 Square Feet. Applicant: Location: Paul Bardine 6085 Riviera Lane C. Motion to Extend Deadline - Notice to Remove Applicant: Location: Kris Lorsung 23985 Smithtown Road D. Motion Approving the Waiving of Parking Restrictions on Christmas Lake Road Applicant: Location: Jan Bredeson 5960 Christmas Lake Road E. Motion to Approve Partial Pay Request - Hardrives, Inc. Old Market Road F. Motion to Approve the Signal Agreement with MnDOT for Old Market Road Intersection Gagne moved. Daugherty seconded to approve the Consent Agenda Therein. Motion carried - 3/0. 4. 7:00 P.M. - PUBLIC HEARING ON PROPOSED LEVY FOR SHADY HILLS STORM SEWER IMPROVEMENTS Mayor Brancel opened the Public Hearing at 7:06 P.M. Finance Director Rolek presented the information concerning Special Taxing District * 2 - Shady Hills. Rolek explained the boundaries of the district and the chronology of events leading to this hearing. He said the legislature allows the establishment of drainage districts because it is often hard to prove benefit in drainage projects. He said the $31,000 bonds for the project were sold in August and each parcel in the district will be assessed from $163 to $1200 for the first year tax levY, according to the value of the property. Brancel opened the public portion of the hearing at 7:13 P.M. PAT MALMSTEN - 5350 SHADY HILLS CIRCLE Malsten said he has lived in the area for 30 years and believes the project is needed. However, he objects to basing the assessment on the value of the home. I'") ,I:.. (". , REGULAR CITY COUNCIL MINUTES OCTOBER 14.1991 - PAGE 3 . City Engineer Dresel explained that it is hard to show benefit to people who live on the high areas of a drainage district. He said the law states it is to be done by a tax levy. He also said there is some justification for taxing on the value of a home because the homes are usually larger and there is more runoff. TOM HEIMER - 5215 SHADY LANE Heimer said this project should be a City maintenance project. Dresel said the entire City road maintenance budget is $200,000. The Shady Hills project will cost $31,000 and this is too large to be strictly a maintenance project. MARTIN SKROG - 5210 SHADY LANE Skrog said the methodology is unfair. He said the levy should be same for all residents. Brancel closed the Public Hearing at 7:22 P.M. City Attorney Sellergren informed the Council that no action is . necessary, this hearing was informational. Councilmember Daugherty asked Sellergren if the levy can be imposed equally among the residents. Sellergren said all other taxes are imposed on an ad valorem basis. Councilmember Gagne said the project was originally discussed as a maintenance project but the whole pipe needed to be replaced and the project became larger. 5. 7:15 P.M. - PUBLIC HEARING ON PROPOSED ASSESSMENTS FOR WATER TREATMENT PLANT FOR SOUTHEAST AREA Brancel opened the Public Hearing at 7:24 P.M. Rolek presented the chronology of events leading to the Public Hearing. Rolek said the plant is under construction and is expected to be completed in November. He said the cost of the project was divided among 431 equivalency units or lots of 20,000 sq. ft. Rolek said the notices of the Public Hearing were vague about the manner of payment of the assessment. He said the cost does not have to be pre- paid, the assessment is spread over a 10 year period at an 8% interest rate. Each unit will be assessed $1012.76 over a ten year period. . ,"I . . . . ,:1. REGULAR CITY COUNCIL MINUTES OCTOEER 14.1991 - PAGE 4 NOEL VOGEN - ASSOCIATED CONSULTANTS Vogen explained that the water in the S. E. Area has a high iron content of 2 parts per million which can cause clouding and smell but presents no health hazard. He said they are installing an iron removal filter which should remove most of the iron. Gagne asked when the residents should be able to use the filtered water in their homes. Vogen said the water should be flowing from the tower in about 2 months or sooner if the system is flushed. Dresel said that flushing the system may also dislodge debris. Brancel opened the hearing to the public at 7:36 P.M. MATTHEW ALLEN - 19460 ELBERT PT. Allen asked if the Waterford III development will be included as an equivalency unit. Rolek said it will be assessed as 2 residential and 2 outlot which will have 16 equivalency units. RICK BERNETT - 6040 CHESTNUT CT. Bernett said the memo to residents was unclear about the assessment. He asked if an equivalency unit is equal to a residential lot. He also asked if the City considered other forms of allocating the assessment, such as an assessment based on water use. Rolek said several options were considered. A water rate increase was considered, however, not all water users will benefit from this system. Bernett said, prior to this memo, he had received no further mention of the project since September 1990. DICK D. MAHAFFEY - 6020 CHESTNUT CT. Mahaffey said he is glad the Council is taking action and asked if all the water systems will be connected. Mayor Brancel said the Council is considering a City water system. Mahaffey asked if this system can be connected to Minnetonka. Dresel said it can connect to Minnetonka or Chanhassen. Mahaffey said many new residents will benefit from this project that is currently being assessed to the residents. He asked if new houses will also pay the assessment. Rolek said vacant lots will also be assessed for the project. City Administrator Hurm said the Council has examined the possibilities of a City water system. In the event this occurs, the Shady Hills area could receive an abatement, however, future Councils will have to decide this. 4 . . . " REGULAR CITY COUNCIL MINUTES OCTOBER 14.1991 - PAGE 5 Daugherty said the S. E. Area will not pay for the City system because it already has a water system. A possible abatement for this project would not occur until years 7 - 10. Mahaffey said a City water system is a positive step. There can be a reduction in fire insurance. DOUG MALAM - 6140 MCKINLEY CIRCLE Malam said there was no prior notice sent regarding this assessment. Rolek said the City is not obligated to inform the residents by mail regarding pending assessments. He said a notice was sent regarding the hearing on the Feasibility Study and a notice was sent for this assessment hearing. A potential buyer can request an assessment search from the City. KIRK SHERMAN - 6105 MCKINLEY CIRCLE Sherman asked Vogen what changes he can expect in the water. His biggest problem is the smell. Vogen said the smell should be eliminated by removing the iron. Sherman also said he was concerned about the calculation of interest and why the interest accrued to Nov. 15th and asked if this is consistent with other taxes. Rolek said the State establishes the cut-off date for pre-payment of the assessment, after which the annual assessment installment is added to property taxes then the assessment is allocated per unit. If a resident wishes to pre-pay after the established date, they will pay with interest accrued. Sherman said the memo was very unclear and not enough notice was received after the feasibility study. He said there should be better communication. Daugherty said he received many phone calls about the assessment notice and the City should reevaluate its procedure. DON GREENWOOD - 19380 MCKINLEY COURT Greenwood asked if there is a limit on the assessment before a referendum is held. Sellergren said a referendum is not held for these projects. He said there is an elaborate process of informing the public before the projects are started. 5 , .:.. REGULAR CITY COUNCIL MINUTES OCTOBER 14.1991 - PAGE 6 . Greenwood said he was informed of this assessment at the closing on his house and he does not think there was very good communication about the assessment. LOUISE BONACH - 19625 SWEETWATER Bonach asked what will happen when the Shady Hills area connects to the system. Rolek said the Shady Hills area is not being assessed for this project because it is on a separate water system. Only the people who are currently on the S. E. Area system are being assessed. Bonach said there was no problem with the water until the area connected to the Shorewood water tower. She said she resents the fact that the Shady Hills area is not included in the assessment. JIM BERDAHL - 19205 WATERFORD PLACE . Berdahl asked when the Shady Hills area will connect to the S. E. Area well. Dresel said late next year when the Waterford III development is started. Berdahl asked how it is determined who will be assessed. Dresel said the Council decides. Berdahl also said the Shady Hills area should be included in the assessment. Hurm said the decision was based on who would immediately benefit. Gagne said the well needed immediate work, so only the residents who immediately benefited were assessed. He also said the reason the area was taken off the Minnetonka system was because Minnetonka would only allow the development to use their system until a well was dug and then insisted they connect to the well. CATHY SCHAUS - 6020 WHITNEY CIRCLE . Schaus asked why the water in the S. E. Area is so bad and not in other areas. Dresel explained that there are 7 other wells in the area and they are in different parts of different aquifers. Schaus said, as far as she can tell, this is the first hearing on this assessment and it doesn't look as if this hearing will change any of the assessments Rolek said this hearing is held to object to the assessment and he told Schaus she can contest the assessment if she thinks the assessment is unjust or does not add to the property value in the amount of the assessment. Schaus said she objected to the manner in which the assessment was done and wondered if additional water softening will be necessary. Vogen said she may not need water softening, however, the plant is not a water softener. He said the iron filter should handle any odor or discolor. t:> . . . " ~", REGULAR CITY COUNCIL MINUTES OCTOBER 14.1991 - PAGE 7 DAVID GARVIN - 19320 WATERFORD PLACE Garvin said he moved to the area in 1987 and thought all assessments were in and paid. He has since experienced cloudy water, had to replace a valve in the pipe and found out an intersection was to be constructed. He said he decided to move from the area and put his house up for sale. He was recently told by the real estate agent to reduce the price of the house by $30,000. He said the $1012.76 assessment will not enhance the value of his house. DON GREENWOOD asked if it is normal procedure to start a project before the assessment hearing. Hurm said this is the statutory process and there was an earlier public hearing about the project. Sellergren said the City can provide the assessment rate before the project is started, however. this procedure is more routine. Hurm said the project estimate was given at an earlier public hearing, He said months went by before the project was started and the assessment roles established. BONACH said there were a large number of people at the prior public hearing and the cost of the project is about the same as the estimate. Paul Difuccia - 19700 Muirfield Circle expressed his ideas in writing. He said he purchased his home in 1990 and was given no notification of the pending assessment. He said there was poor communication between the City and residents. Mr. & Mrs. Alan P. Bates - 19215 Covington Court also wrote a letter to protest the assessment. Simon Oosterman - 19365 Waterford Place expressed his opinion in writing that the Shady Hills area should be included in the assessment. Brancel closed the Public Hearing at 8:32 P.M. Gagne said many meetings were held concerning this project. Daugherty said the feedback from the residents indicated they wanted the problem fixed immediately. There were very few people at the last public hearing that were against it. Daugherty moved. Gagne seconded to adopt RESOLUTION NO. 91-105 II A Resolution Approving Special Assessments for Southeast Area Water treatment Facility." Motion carried - 3/0. '.'\1 i REGULAR CITY COUNCIL MINUTES OCTOBER 14,1991 - PAGE 8 . 6. SHOREWOOD OAKS DRIVE/OAK LEAF TRAIL SPEED STUDY Monique Droege said she received no further reports from the City or the Police Dept. regarding speeders on Shorewood Oaks Drive. Gagne said the police speed study does not indicate that there is a lot of speeding on the road. Droege said the police were very visible and that potential speeders did have time to slow down. She said she still sees a lot of traffic and there is still a problem. Droege said there are 61 children in the area and 33 under the age of 5. She said the City should take resident's request for stop signs seriously. Droege informed the Council that they can install stop signs even if the police do not approve. Droege said the maintenance of a 30 MPH speed limit, instead of the 15 MPH requested by residents, protects the drivers. Brancel said the residents can install sidewalks as a way to protect the children. Daugherty asked Sellergren if there are any legal ramifications if a 15 MPH speed limit is established. Sellergren said there is no problem unless there is a policy change. Brancel said officers cannot enforce this limit. Daugherty said it will encourage drivers to slow down. . Droege said stop signs are the only way to slow down drivers. She also said residents are angry that "Slow Children" signs were not recommended by the State because they give a false sense of security. She said residents feel this is a "cop out". Daugherty said the City should place the stop signs requested by the residents and then consider the speed limit and advisory signs. Brancel said a stop sign in the middle of the road will set a precedent. They are not recommended by the State or the Police Department. The Covington/Vine Ridge area will also want these signs. Hurm recommended the Council not place a stop sign and then remove it. He said the placement of a stop sign should be taken seriously, If a sign is placed in an area, such as the middle of a road, where drivers are not expecting a sign, it can create more problems than it solves. He said traffic engineers do not recommend this approach and he does not recommend this placement. Daugherty said the City should place a stop sign at Burlwood Court and Shorewood Oaks Drive and then get feedback from the residents. Brancel reiterated her objection. . Daugherty moved, Gagne seconded to approve the placement of two stop signs at the intersection of Burlwood Court and Shorewood Oaks Drive. Motion carried - 2/1 (Brancel) tl . . . --. REGULAR CITY COUNCIL MINUTES OCTOBER 14,1991 - PAGE 9 Gagne said there has been a complaint that Shorewood Oaks residents stand in the street. 7. SIGNAGE REQUEST COVINGTON/VINE RIDGE AREA Hurm said the residents have requested 5 "Slow Children" signs in the area. A police speed study was done and there were no violations. Gagne said drivers will watch for children if the signs are placed. Dresel said studies have consistently showed that these signs are ineffective and traffic engineers don't recommend there placement. Daugherty said a 4 way stop sign has been placed in the area and that the "Slow Children" signs are not needed. Gagne moved, Daugherty seconded to deny the request for IISlow Childrenll signs in the Covington/Vine Ridge area. Motion carried - 3/0 8. PROPOSAL FOR LAKE MINNETONKA MANAGEMENT PLAN - LMCD Gene Strommend Director of the LMCD explained the revised Lake Minnetonka Management Plan. He said the lake area cities are the key to the plan. He said three cities have questioned the plan. Therefore, the plan was revised in the areas of tax levy and the user fees were increased and more grant money will be sought. Daugherty asked about the administrative costs. 9. DISCUSSION ON RILEY - PURGATORY CREEK WATERSHED DISTRICT - SUE SCRIBNER - Refer to Staff Brancel said a portion of Sweetwater is in the Riley-Purgatory Creek Watershed District and not the Minnehaha Creek Watershed District. The City has been informed they can apply to the Watershed District for money The matter has been referred to staff. 10. RECEIPT OF RESTRICTIONS ON GIDEON1S COVE DOCK RIGHTS AND USE WITH PENINSULA Brancel said the report on the uses of the peninsula was not delivered in time and will be discussed at a later meeting. 11. COMMISSION REPORTS: A. Planning Commission There was no report. 1m: 7" .' . ..,.... · "REGULAR CITY COUNCIL MINUTES OCTOBER 14,1991 - PAGE 10 . . . B. Park Commission Gordon Lindstrom, Park Liaison reported that the Sept. 24th meeting with area sports organizations and Minnetonka Community Services was successful. He said a presentation was made by the City Administrator and the park video was shown. He said the Park Commission discussed financing park improvements through the referendum., user fees and the general fund. He said the Park Commission will make a recommendation regarding the Snowmobile Ordinance at the next Council meeting. 12. MATTER FROM THE FLOOR There were no matters from the floor. 13. STAFF REPORTS: A. ATTORNEY1S REPORT 1. Proposed Ordinance on Consumption of Alcohol Under Age 21 Sellergren said he has prepared a proposed Ordinance on the Consumption of Alcohol Under Age 21 as requested by the Police Department. Gagne asked why this is being done. Sellergren said there is no Ordinance addressing this problem in the City Code. He said a final copy will be available at the next meeting. He also said the City can revise the forms of notice to residents concerning assessment for compliance and clarity. Hurm said the notice should state the options a resident has concerning payment of the assessment. B. ENGINEER1S REPORT The Engineer had no report. C. PLANNING DIRECTOR1S REPORT The Planning Director had no report. :1.0 ~ ~~ ,. . REGULAR CITY COUNCIL MINUTES OCTOBER 14,1991 - PAGE 11 . . . D. ADMINISTRATOR'S REPORT 1. Administrator's and Architect's Report on Public Works Facility Hurm said the architect for the Public Works Facility will need to work with the City Engineer on site and grading plans. Gagne moved, Daugherty seconded to authorize OSM to work with the Public Works Facility and the architects to develop the site, and the utility and grading plans and specifications, at an hourly rate not to exceed a total cost of $9,000.00 Motion carried - 3/0 Daugherty asked if the fees have been paid for the grading work on the salt shed. Hurm and Dresel said they have been paid. 2. Update on 1992 Budget Hurm said there is no update on the budget at the present time. 3. City Policy - Mr. William Kelly Hurm said Sellergren will respond to Mr. Kelly's letter. Gagne said the City should look into publishing the agenda in the paper. 4. Rescheduling the October 28th Public Hearing on Pine Bend and Howard's Point Roads. Gagne moved. Daugherty seconded, to adopt RESOLUTION NO. 106-91 "A Resolution Rescheduling the Public Hearing on Proposed Assessments for Project No. 91-11. Watermain Extension, Street Construction and Appurtenant Work, Pine Bend and Howards Point Roads," and setting the date for Nov. 4, 1991 at 6:30 P.M. Motion carried - 3/0 14. COUNCIL REPORTS. A. MAYOR BRANCEL 1. Recommendation on Joint Prosecuting Attorney with City's of Excelsior, Shorewood, and Tonka Bay. Brancel said Kenneth Potts was selected as prosecuting attorney. :I. :I. , . . . . ~. /.. . REGULAR CITY COUNCIL MINUTES OCTOBER 14,1991 - PAGE 12 Gagne asked if Shorewood's law firm had been approached. Brancel and Hurm said they did make a bid but the price was considered too high. Brancel moved. Gagne seconded to direct Hurm to draw up an agreement with Kenneth Potts to be the Joint Prosecuting Attorney for Shorewood, Tonka Bay. Excelsior and Greenwood. Motion carried - 3/0 Gagne said Hurm should be sure Shorewood does not for pay more services than it gets. B. COUNCILMEMBER GAGNE No report. E. COUNCILMEMBER DAUGHERTY No report. 15. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Gagne moved. Daugherty seconded to adjourn the meeting at 9:50 P.M. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since September 20, 1991 Check No. 7615-7712 LIQUOR $ 81,705.95 TOTAL CHECKS ISSUED GENERAL $ 79,683.978 $161.389.92 Checks for Council approval Checks No. 7713-7766 TOTAL CHECKS FOR APPROVAL $ 103.193.56 TOTAL CHECK APPROVAL LIST $264,583.48 CHECK REGISTER FOR SEPTEMBER 24, 1991 PAYROLL Checks no. 205488/205524 1~ ~.:"' ., ~' ,1 REGULAR CITY COUNCIL MINUTES OCTOBER 14,1991 - PAGE 13 . LIQUOR $3,249.54 CHECK REGISTER FOR OCTOBER 8, 1991 PAYROLL Checks No. 205525/205564 LIQUOR $3,133.33 RESPECTFULLY SUBMITTED . Katie Snyder Recording Secretary CITY HURM . 13 GENERAL $12,798.23 TOTAL CHECKS ISSUED $16,047.77 GENERAL $13,396.22 TOTAL CHECKS ISSUED $16,709.55