102891 CC Reg Min
CITY OF SHOREWOOD
. ;~EGULAR CITY COUNCIL MEETING
MONDAY. OCTOBER 28, 1991
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
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M I NUT E S
1. CALL TO ORDER
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
Sellergren, City Engineer Dresel and City Planner Nielsen.
C. REVIEW AGENDA
Gagne moved. Daugherty seconded to approve the agenda as written.
Motion carried - 5/0
2. APPROVAL OF MINUTES
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A.
City Council Meeting - October 14, 1991
Gagne moved. Daugherty seconded to approve the City Council
minutes of October 14. 1991 with the following correction:
1. Pg. 3 Last line - Each unit will be assessed $1012.76
per year for 10 years. It should say the assessment is
$1012.76 per unit distributed over a ten year period.
Motion carried - 3/2 (abstain - Lewis. Stover)
B. Special City Council Meeting - October 15, 1991
Gagne moved. Daugherty seconded to approve the Special City Council
Minutes of October 15. 1991.
Motion carried - 4/1 abstain (Stover)
3.
CONSENT AGENDA
RESOLUTION NO. 108-91
RESOLUTION NO. 109-91
RESOLUTION NO. 110-91
RESOLUTION NO. 111-91
RESOLUTION NO. 112-91
~ Mayor Brancel read the following Consent Agenda:
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A.
Motion to Adopt RESOLUTION NO. 108-91 Granting C.U.P. for
Accessory Space in Excess of 1200 Square Feet to Paul
Bardine.1I
Applicant:
Location:
Paul Bardine
6085 Riviera Lane
B. Motion to Adopt RESOLUTION NO. 109-91 IIA Resolution Granting
C.U.P. for Accessory Space in Excess of 1200 Square Feet to
Richard Baker. II
Applicant:
Location:
Richard Baker
5235 Howards Point Road
C. Motion to Approve Progress Payment Request - A & K
Construction for Southeast Area Water Treatment Plant
D. Motion to Adopt RESOLUTION NO. 110-91 IIA Resolution Amending
Resolution No. 105-91. Approving Special Assessments for
Southeast Area Water Treatment Facility. II
E. Motion to Adopt RESOLUTION NO. 111-91 IIA Resolution Approving
a Letter of Agreement for Engineering on the Public Works
Fac i I i ty . II
F.
Motion to Adopt RESOLUTION NO. 112-91 IIA Resolution Accepting
Improvements and Releasing Security - Galpin Lake Woods
Applicant:
Location:
Jeff Schoenwetter
Bracketts Road
Stover moved. Gagne seconded to approve the Consent Agenda and Adopt the
Resolutions Therein.
Motion carried - 5/0
4. PRESENTATION OF PLAQUE TO DICK SPELLMAN
Mayor Brancel presented a plaque to Dick Spellman for his 10 years
of dedicated service on the Shorewood Planning Commission.
Spellman thanked Brancel and said it has been a great learning
experience to be part of the Planning Commission.
5.
RECEIPT OF RESTRICTIONS ON GIDEON'S COVE DOCK RIGHTS AND USE WITH
PENINSULA
The Staff indicated to the Council that a 4/5 vote is necessary to
approve the dock rights and peninsula use in the Gideon's Cove
P.U.D.
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Councilmember Stover asked if anything else had changed. She said.
if the P.U.D. is approved, the docks are not grandfathered.
Councilmember Lewis said the approval of the dock rights and
peninsula use would set a precedent for non-conforming use.
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BOB BOYER - BOYER BUILDING stated he would like to have the issue
decided at this meeting. He said the option of leaving the
peninsula as is is not possible. He asked for the Council's input.
Boyer felt there will be more control of the peninsula and docks
if an association controlled the access. He said the proposed use
of the peninsula will be an improvement over what is currently
in place.
Lewis said Boyer is assuming that two owners of the docks will
have three boats each.
Stover asked Bob Rascop - LMCD Rep. if there will be a charge for
a third boat at a dock.
Rascop said a resident must prove ownership of all three boats at
his dock. He said the LMCD is considering banning new homeowners
associations.
Boyer said the peninsula is legally tied to the Gideon's Cove land.
He said their request for six boat slips is reasonable.
Stover reiterated her position that the peninsula is non-contiguous
property.
Councilmember Gagne said the land is put to better use by a group
than by one individual.
Stover said the same type of issue was previously brought before
the Council and was denied. The issue was then resolved in court.
She said these same residents could reapply, if the Council
approves the proposed dock rights.
Gagne said this is not the same situation and the Council has
bet ter contro I .
Councilmember Daugherty asked if there will be any other public
impact.
Rascop stated that when the density on Lake Minnetonka reaches
1 boat per 5 acres, the grand fathered dock rights will be revoked.
Daugherty said he has had many calls from residents regarding this
P.U.D. and asked City Attorney Sellergren for a clarification of
"grandfathered" .
Sellergren said if the Boyers continue with the current approved
plat, the docks are grandfathered. If the Council approves a
P.U.D., then the Council can decided how the docks are to be
distributed.
Lewis said the Planning Commission did not approve of the expansion
of the dock rights and the LMCD may not grant a license. He said
he does not want to reject their findings.
Gagne moved. Brancel seconded to approve the dock rights expanded to six
of the units and sUbject to the Planner's recommendations +3 in his memo
. of October 23. 1991.
Motion failed - 3/2 (Lewis. Stover) (4/5 vote is required)
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Boyer asked the Council where this leaves them.
Nielsen said the Boyers can return with a development stage plan
that includes the docks deeded to the first two units of the
development. He said the peninsula can be part of an association.
6. PROPOSED ORDINANCE AMENDING CHAPTER 802 OF THE SHOREWOOD CITY
CODE - RELATING TO SNOWMOBILES
Gordie Lindstrom. Park Commissioner presented the proposed
Snowmobile Ordinance. He said the Ordinance is based on the
Brooklyn Park Snowmobile Ordinance and will be under the direction
of the Police Department. The Ordinance establishes a Snow
Patrol.
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Lt. John Hodgdon. South Lake Minnetonka Public Safety explained
that the Snow Patrol will assist the Police Dept. He said the
Patrol can handle citizen complaints and refer possible citations
to the Police. He said the establishment of the Patrol will not
solve all the problems but will allow snowmobiling to continue
in Shorewood.
Stover questioned Subdv.. 10 of the Ordinance which details the
hours of operation except for transportation to the residence of
the operator. She said this section offers a loophole to snow-
mobilers who will operate the machines all night.
Hodgdon said this section gives an avenue to the snowmobilers to
go home. He said snowmobiling is allowed on Lake Minnetonka by
other cities until 2:00 A.M. and without this subdivision the
Ordinance will be difficult to enforce.
Councilmember Gagne said he supports this Ordinance. He said the
only other alternative is to abolish snowmobiling within the City.
Councilmember Daugherty asked Hodgdon is the Ordinance authorizes
the Police more right to cite snowmobilers.
Hodgdon said the Ordinance allows the Police to enter Park property
to issue citations.
Daugherty said he would like to establish a time period to see how
the Ordinance works.
Stover added the Police Department should compile a report. She
reiterated her position that motorized vehicles are not allowed on
the Hiking & Biking Trail in the summer, therefore, snowmobiles
should not be allowed in the winter.
Stover read a list of the changes she would like to see in the
Ordinance.
Daugherty asked the snowmobile club how many volunteers they have
for the Snow Patrol.
Mike Ellis - Southwest Trail Association said they have 15
individuals from their club. They expect to patrol 8 hours per
week. He said the Patrol will follow UP on complaints and issue
a written report.
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Steve Dzurak. Park Commissioner said there are two Ordinances and
a motion to establish a Snow Patrol.
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'OCTOBER 28. 1991 - PAGE 5
City Administrator Hurm said the Snow Patrol will be established
with the passage of the two Ordinances.
Lewis moved. Gagne seconded to adopt ORDINANCE NO. 245 "An Ordinance
Amending Chapter 802 of the Shorewood City Code Relating to Snowmobiles
including the change of snowmobile definition to coincide with the State
and to review the Ordinance in January.
Motion carried - 4/1 (Stover)
7. PROPOSED ORDINANCE AMENDING CHAPTER 801 AND 902 OF THE SHOREWOOD
CITY CODE - RELATING TO USE OF POLICE VEHICLES
Gagne moved. Lewis seconded to adopt ORDINANCE NO. 246 "An Ordinance
Amending Chapters 801 and 902 of the Shorewood City Code Relating to the
Use of Police Vehicles."
Motion carried - 5/0
8.
MOTION TO ACCEPT AND DIRECT CONSIDERATION AND APPROVAL OF PARK
RESERVATION/USER FEES
Lindstrom explained the proposed Park Reservation/User Fees.
Upon approval, fees will be included in a later Resolution
incorporating all fees.
Gagne moved. Lewis seconded to approve the Park Reservation/User Fee
Schedule.
Motion carried - 5/0
9. PROPOSED ORDINANCE AMENDING TITLE 400 OF THE SHOREWOOD CITY CODE -
ADDING CHAPTER 404 REGARDING CONSUMPTION. PURCHASE AND POSSESSION
OF ALCOHOL BY MINORS
Brian Litsey. South Lake Minnetonka Public Safety explained that
the proposed Ordinance has had many modifications to avoid
duplication of State Law.
Gagne said the City has had no statute to cover underage use of
alcohol.
Litsey said this Ordinance will clarify the State Law and give
the Police Department better ability to enforce the Law.
Hodgdon said the Ordinance was reviewed by the Hennepin County
Bench.
Stover moved. Gagne seconded to adopt ORDINANCE NO. 247 "An Ordinance
Amending Title 400 of the Shorewood City Code. Adding Chapter 404
Regarding Consumption. Purchase and Possession of Alcohol by Persons
Under the Age of 21 Years."
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Motion carried - 5/0
10. REPORT AND CONSIDERATION OF RECOMMENDATIONS OF THE TRANSPORTATION
TASK FORCE ON OLD MARKET ROAD
Jim Berdahl - Chairman. Transportation Task Force presented the
recommendations of the Task Force. He thanked Dresel. Nielsen and
Hurm for their help during the past few months.
Berdahl said their first meeting was held on Oct. 28. 1991. Dresel
reviewed the construction status of Old Market Road and informed
the Task Force that construction on the Vine Hill intersection
will be postponed until 1994.
Berdahl reminded the Council that the Christmas Lake Road
intersection is postponed indefinitely because of objections
by Greenwood.
The Task Force had lengthy discussions regarding school children
and the bus routes on Old Market Road.
Berdahl said the second meeting was held Oct. 17. 1991. Dresel.
again. review the construction project and said the paving should
be completed this week. Berdahl asked if the intersection will be
completed before spring. Dresel said it will not.
Berdahl said the reason for the Old Market Road intersection was to
access the proposed Waterford III commercial development.
Gagne and Stover disagreed. They said the intersection is being
constructed to handle the traffic from the Southeast area
development. Lewis said the Task Force has a different perception
of the reason for the intersection.
The Task Force phase one recommendations are:
1. Open intersection to frontage road only. Do not open
Old Market Road south of frontage.
2. Continue monitoring traffic at key locations.
3. Continue working with Minnetonka regarding completion of
Townline and resulting traffic it will create on Vine
Hill/Covington/Old Market Road.
4. Leave Covington Rd. as a "T" into Vine Hill and amend
Comp Plan to conform with this recommendation.
Phase Two recommendations would occur when Old Market Road opens
south of the frontage road and include:
1.
2.
Install stop signs on Old Market Rd. at Waterford Place.
Install "Children Crossing" signs on Old Market Rd. at
Muirfield N. & S.. Waterford Place. Chartwell Hill and
Covington.
Reduce speed along Old Market Road/Covington Rd. to 25 MPH.
3.
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4.
5.
6.
Encourage police to ticket violators of speed or stop signs.
Install sidewalks along Old Market Road.
Consider AM/PM traffic reversal.
7 - 9 A.M. : Northbound traffic only
4 - 6 P.M. : Southbound traffic only
Lewis asked Dresel if a speed study must be done to lower
limit to 25 MPH. He saw many 25 MPH signs in Minnetonka.
said the signs may have been installed prior to the speed
requirement.
Gagne said he is totally against closing Old Market Road. He said
he has told Radisson Road residents that this intersection will
drain traffic from their neighborhood.
Brancel said the recommendations should be sent to staff.
Lewis said the staff has been involved in the preparation of these
recommendations. He said the real questions is the safety and
integrity of the neighborhood.
Lewis asked the Council to adopt the Phase One recommendations so
that Old Market Road does not become a collector street instead of
Vine Hi 11 Road.
the speed
Dresel
study
BREAK - 9:00 - 9:05
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Berdahl stated that the opening of Old Market Road before the
completion of Vine Hill will change residents driving habits.
Stover asked Dresel if Covington Road is a T intersection with
Vine Hill Road. Dresel said the original plan was to have a
slip intersection. The Task Force recommendation will formalize
what is already in place.
Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 114 "A
Resolution Requesting the Minnesota Department of Transportation to
Expeditiously Complete the Vine Hill Road Intersection Project at State
Trunk Highway 7."
Motion carried - 3/2 (Stover, Gagne)
Stover asked Dresel what affect this resolution will have on State
funding. Dresel said there would be no affect. The resolution
requests the State to expedite the Vine Hill project.
Stover thought the last "whereas" in the resolution gave approval
to the recommendations of the Task Force.
Hurm and Sellergren said the statement is factual and legally does
not incorporate all the Task Force recommendations.
Brancel said the planning for Old Market Road was predicated on
Vine Hill being done first.
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Lewis said some of the Phase I recommendations are simple and some
may need further discussion but he asked the Council to pass the
Phase I recommendations to the staff to deal with.
Rascop suggested the Council send the recommendations to the Met
Council for review of the Comprehensive Plan.
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Dresel said a traffic count was done.
Gagne said a traffic study cannot be done without opening Old
Market Road and it is a collector street.
Lewis said Gagne's remark was callous given the amount of children
in the neighborhood.
Stover suggested the school district be contacted about rerouting
buses from Old Market Road.
Stover moved, Gagne seconded to recommend the Council refer the
Transportation Task Force recommendations to the staff, MnDot, Police
Department for their recommendations.
Motion carried - 5/0
Stover again reiterated that the State funding could be in jeopardy
by not opening Old Market Road. She said MnDOT will not build an
entrance to Old Market Road.
Lewis said the project was initiated by Shorewood. He said without
the commercial development their would be no need for the
intersection.
Dresel said he has inquired informally at MnDOT and they will not
alter their plans unless a formal request is made by Shorewood.
Lewis said a tie-in with the opening of the Vine Hill Road
intersection should make sense to MnDOT.
Randy Travalia - Trivesco said the Task Force was set up without
Trivesco's input and they own the land. He said the Council should
not pass on the recommendations of the Task Force.
Stover said she does not want to make recommendations to the State
unless the ramifications are known, she does not want to imperil
the City.
Daugherty said something should be done before there is a safety
problem.
Gagne said no one from Radisson Road was on the Task Force to
present their viewpoints.
Berdahl said the Council should consider these recommendations. a
lot of time and effort went into the preparation. He said the
Council has already decided how they will act on this issue.
Travalia asked the Council what has changed since 1985 and the
approval of the plan. He is one of the land owners and was
never asked his opinion. He said this can become a significant
legal issue.
Dresel asked the Council if he should consider gathering data for
the presentation to Mn/DOT. The Council said no. They decided to
discuss the issue on Nov. 12.
11. 1992 ANIMAL CONTROL CONTRACT - CITY OF CHANHASSEN
Brancel said there are now more staff on the Animal Patrol.
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. Lewis asked the amount budgeted for Animal Patrol. Hurm said it
is $15,000 for 1992 and Brancel said the budget was $12,000 for
1991.
Daugherty asked if wild animals are impounded.
Hodgdon said the Police Dept. has change their procedure regarding
wild animal complaints. He said previously the Police did not
respond or call the Animal Patrol unless the animal was a threat.
He said they will now notify the Animal Patrol when a complaint is
received.
Stover moved, Daugherty seconded to approve the 1992 Animal Control
Contract with the following amendment: "Chanhassen shall bill the owner
of the deceased animal for disposal when the party is known, or the city
from which the animal originated if the owner is not know."
Motion carried - 5/0
12.
PROPOSED RESOLUTION ADOPTING GUIDELINES AND STANDARDS FOR SENIOR
CITIZEN SPECIAL ASSESSMENT DEFERMENT
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Hurm said the proposed Resolution was drawn up using HUD guidelines
to establish a one time deferment of a special assessment. He said
this is not an indefinite deferment; there will be a review by the
Council.
Daugherty asked who verifies the eligibility.
Hurm said the Staff will verify the applications.
Stover asked if this information will be private. Hurm explained
the applications will be public information. Sellergren concurred.
Daugherty moved, Stover seconded to adopt RESOLUTION NO. 113 "A
Resolution Approving and Adopting a Policy Regarding Deferment of
Special Assessments for Senior Citizens or Retired and Disabled
Persons. It
Motion carried - 5/0
13. COMMISSION REPORTS:
A. Planning Commission
1. Review Applications for Planning Commission Vacancies
and Schedule Interviews.
Hurm reported for Planner Nielsen. He said the City
has received six applications for the Planning Commission
vacancies. He suggested the Council have a special
meeting to interview the applicants and at the same time
discuss the Johnson lawsuit.
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The Council decided to meet at 6:45 P.M. on Nov. 25 to
discuss the Johnson lawsuit and at 7:00 P.M. on Nov. 12
to interview the Planning Commission applicants.
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2.
Consider a Process for Appointing Members of the
Senior Housing and Services Task Force.
Hurm said they have had one applicant for the Task Force.
B. Park Commission
The Park Commissioners presented the Snowmobile Ordinance and
Park User Fees.
14 . MATTERS FROM THE FLOOR
There were no matters from the floor.
15. STAFF REPORTS:
A. ATTORNEY'S REPORT
1. Status Johnson vs City of Shorewood
Sellergren said he has answered the Johnson lawsuit. The
City's insurance company has denied coverage of the
lawsuit, as was expected.
2. Discussion of an Amendment to the Penalty Section
of the Zoning Code (Consider Setting a Date for a
Public Hearing)
Sellergren said the penalty section should include
imprisonment as a penalty for misdemeanors. It helps to
enforce the law. An ordinance will be prepared with
several technical changes for public hearing before the
Planning Commission.
3. Consideration of liquor Ordinance to allow wine and beer.
Sellergren said there has been some inquiry into
reopening a restaurant in Shorewood and they would
like to serve wine and beer.
At the present time, there is no provision for this in
the Shorewood Code. Sellergren asked the Council if they
wanted Staff to draft an Ordinance.
The Council authorized the Staff to draft an Ordinance
to allow wine and beer to be served in Shorewood
restaurants.
B.
ENGINEER'S REPORT
There was no report.
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Gagne asked Engineer Dresel if the Pine Bend project is
completed. Dresel said they are ready to connect the system
and a letter will be sent to residents regarding connection.
C.
PLANNING DIRECTOR'S REPORT
There was no Planner's report.
D. ADMINISTRATOR'S REPORT
1. AMM 1992 Legislative Policy
Hurm said the Association of Metropolitan Municipalities
will hold it's legislative policy meeting on Nov. 7th.
If any Councilmember is interested in attending. they
can contact him for details.
2. City Policies
Hurm said the Staff drew up a Statement of Purpose for
Shorewood City Officials and Employees.
Our Purpose: to provide a value in municipal services
to assure compliance with community laws and standards.
and to keep citizens informed of those services. laws and
standards.
Our Goal: to serve our purpose in such an efficient.
friendly manner that residents feel good about being
citizens of the Shorewood community.
Our Expectations: to accomplish our goal we must serve
in an impartial fashion; be open. accurate. patient and
courteous; and take pride in the job we do.
Let us know when we don't meet our expectations!
Lewis moved. Gagne seconded to approve the City of Shorewood
Statement of Purpose.
Motion carried - 5/0
3. Update on Public Works facility
Hurm said OSM is doing the grading and utility work on
the project.
4. Update on 1992 Budget
Staff Engineer Proposal
Hurm said a study determined that
a staff Engineer can be cost effective. The Engineer
would not replace the consulting Engineer. He said
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the Consulting Engineer would handle special projects.
It would be advantageous to have an engineer at the City
hall to handle problems.
Daugherty asked if the budget can support this
expenditure. Hurm said the figure he proposed is
a conservative figure and their is a need for a staff
Engineer. It can be included in the 1992 budget without
increasing the property tax levY.
Lewis asked if an engineer in the $42,000 to $48,000
range could handle the job. Hurm sai~ the figure is
not high but within range.
Gagne said they should keep the consultant.
Daugherty said he is not in favor of hiring someone in
1991.
Stover said the City should wait until there is more of
a need.
Brancel moved, Lewis seconded to add a Staff Engineer position to
the 1992 budget.
Motion carried - 3/2 (Gagne, Stover)
5. Munitech
Hurm said a pressure problem occurred in the S. E. Area
during flushing. Some basements were flooded.
Dresel said there have been other problems in that area.
He said if a valve is turned off too fast this can
happen.
Lewis asked if there is a problem with the system.
Dresel said there are area of high and low elevation
and there has to be careful operation of the valve.
16. COUNCIL REPORTS.
A. MAYOR BRANCEL
1. Report of the October 16, 1991 - SLMPSD Coordinating
Committee Meeting.
Brancel said the 1992 SLMPSD contract has the same
language as previous contracts but will be for a longer
period of time.
B.
COUNCILMEMBER GAGNE
No report.
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C.
COUNCILMEMBER STOVER
Stover said a resident called City Hall for the time of the
Public Hearing on the water system and was given incorrect
information. She said the Staff should be correctly informed.
D. COUNC I LMEMBER LEWI S
No report.
E. COUNCILMEMBER DAUGHERTY
No report.
17. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS
Stover moved, Gagne seconded to adjourn the meeting at 10:36 P.M.
Motion carried - ~/O
GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02
Checks issued since October 11, 1991
Check No. 7767-7808
LIQUOR
$ 46,760.10
TOTAL CHECKS ISSUED
GENERAL
$ 234,051.32
$280,811. 42
Checks for Council approval
Checks No. 7810-7846
TOTAL CHECKS FOR APPROVAL
$ 64,820.08
TOTAL CHECK APPROVAL LIST
$345,631.50
CHECK REGISTER FOR OCTOBER 22, 1991 PAYROLL
Checks no. 205565/205599
LIQUOR
$3,307.87
GENERAL
$12,847.30
TOTAL CHECKS ISSUED
$16,155.17
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RESPECTFULLY SUBMITTED
Katie Snyder
Recording Secretary
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