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101292 CC Reg Min .... . . . ", ,: \ CITY OF SHOREWOOD REGULAR CITY COUNCll... MEETING MONDAY, ocroBER 12, 1992 COUNCll... CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CAT J. TO ORDER The meeting was called to order by Mayor Brancel at 7:00 p.m. PLEDGE OF AllEGIANCE A ROIL CAIL Present: Mayor Brancel; Councilmembers Daugherty, Gagne, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen, Finance Director Rolek. B. REVIEW AGENDA . Stover moved, Gagne seconded to approve the Agenda for October 12, 1992 . Motion passed 5/0. 2. APPROVAL OF MINUTES Gagne moved, Daugherty seconded to approve the regular City Council meeting minutes of September 28, 1992. Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for October 12, 1992. Gagne moved, Stover seconded to approve the Consent Agenda and to adopt the Resolutions therein: A RESOLUTION NO. 93-92 "A Resolution Proclaiming the Month of November, 1992 to be Epilepsy Month in the City of Shorewood." B. RESOLUTION NO. 94-92 "A Resolution Extending the Deadline for Recording a Simple Subdivision for Thomas Doherty." 1 , , -! REGULAR CITY COUNCll... MINUTES .. ocroBER 12, 1992 - PAGE 2 . . . C. RESOLUTION NO. 95-92 "A Resolution Granting a Conditional Use Permit for Additional Accessory Space and Setback Variances to John Dolan." D. RESOLUTION NO. 96-92 "A Resolution Accepting the Shady Hills Storm Sewer Improvements City Project No. 91-1." Motion passed 5/0. 4. PARK A Report on Park Commission meeting of September 29, 1992 Jennifer McCarty, Park Commissioner, reported that the Commission requests that the contractor excavate the Silverwood Park pond to the size originally designed This will temporarily delay completion of landscaping of the park. The Commission has reviewed the new budget format, discussed the Commission's objectives, discussed the sale of a small piece of land, and recommends approval of the design agreement with OSM for a boundary survey for Freeman Park and authorization of a letter of agreement to prepare and submit a grant application. B. A Motion to Approve Design Agreement with OSM Regarding a Boundary Survey for Freeman Park Gagne moved, Stover seconded to approve the Design Agreement with Orr-Schelen- Mayeron & Associates, Ine. (OSM) for a boundary survey for Freeman Park. Motion passed 5/0. c. A Motion to Authorize Letter of Agreement with Mark Koegler to Prepare and Submit a Grant Application Stover moved, Lewis seconded to authorize a Letter of Agreement with Mark Koegler to prepare and submit a grant application under the Federal Surface Transportation Program Funding of Bikeway and Walkway Projects. Hurm brought the Council's attention to the areas in Shorewood that are eligible for construction of bike paths and pedestrian ways. He indicated that the Park Commission has placed a priority on providing a bike way on Old Market Road and the grant will be requested for its construction. He noted that the grant request requires a matching contribution from the City. Hurm indicated that additional funds may be available for construction of bike paths and/or pedestrian ways in other areas of Shorewood. Motion passed 5/0. 5. PLANNING - None 2 . . . . . REGUlAR CITY COUNCH.. MINUTES ocroBER 12, 1992 - PAGE 3 6. METROPOIlTAN WASTE CONlROL COMMISSION Representative Gloria Vierling, Commission Precinct G, Metropolitan Waste Control Commission (MWCC), introduced Louis Clark and Gordon Voss, Chair and Chief Administrator, respectively, of the MWCC. Mr. Clark introduced Don Bluhm, technician, MWCC. Hurm read his September 30, 1992 letter inviting representatives of the MWCC to attend this meeting and outlining the Council's concern regarding the MWCC's proposed $122,500 increase (42%) in charges for Shorewood's 1993 sewer service. Dresel described the City's III control program begun in 1988 and pointed out that this effort has not reduced sewer charges for the City. Rolek described the MWCC's estimated and final billing method noting that since 1990 charges have increased from 11 % to 42%. He described the charges and their correlation to the level of Lake Minnetonka and to the population increase. On a annual basis from 1989 to 1993, while the population has increased about 4%, the sewer charge has increased approximately 14%. Rolek noted that although he has not seen any data to support this correlation, according to MWCC staff, increases are attributed to the fluctuating level of Lake Minnetonka. It was noted that the proposed 1993 charges reflect a $52 increase per household per quarter. The 1992 increase of 40% combined with the proposed 42% 1993 increase reflects an 82% increase over the two-year period. Gagne stated that this issue has been discussed by the Council over the past eight years and money has been spent to improve the system, yet Shorewood has not seen any relief from the ever-increasing costs. Further, he stated that action be taken to stop the increases. Keane suggested that given the efforts of the City and Council over the past several years, the Council may wish to engage an independent fact finder to assist on the City's behalf to seek some remedy to stop the increases until such time that demonstrated justification between the increases and usage is presented to the satisfaction of the Council. Lewis asked if the reason for the increase is because the City can't meter or measure its usage due to III problems and whether any increase in the level of the Lake automatically increases the charges. Voss stated that by law MWCC is required to measure the flow. He stated that 4% of the increase reflects the increased costs of the Commission and the balance is from flow increases that have occurred either because of increased estimated flow or because of the cost allocation. Stover questioned the ability to accurately measure flow in that much of it is not metered therefore it is impossible to estimate flows. Gagne stated that staff and the Council does not agree with the explanations provided by the MWCC. Stover questioned how charges 3 -- . . - ,I REGULAR CI1Y COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 4 can be estimated when flows are not metered. Daugherty indicated that proof should be made available on the actual volume of sewer flow. Voss stated that the Commission has installed 26 temporary flow meters in an attempt to measure flow and analysis of those measurements will be available in December. Brancel stated that the Council needs solutions to the long-standing problems. Lewis requested an explanation of how the City can control this problem and what further can be done besides spending additional funds for investigation. Don Bluhm acknowledged that Shorewood has a complicated system. He described system as a combination of metered and unmetered flows. He stated that according to records, the actual flow from the City in 1989 was 265 million gallons and in 1991 it was 450 million gallons which represents a major increase. Daugherty, Lewis and Stover requested details of meter locations and estimating procedures when flows are both metered and unmetered. Don Bluhm acknowledged that there is a problem with measurement. He stated that 70% of the community is metered. Dresel expressed surprise at the 70% figure noting that he has worked with Commission staff to attempt to map the meters and suggested that metering may represent flow out of the City, but questioned accurate measurement of flow into the City. Lewis asked for information on Shorewood's system and questioned the discrepancies in charges for other cities surrounding Lake Minnetonka. Voss indicated that their measurements show definite increases in flow, that additional meters have been installed to determine where leaks in the system are coming from and further action will be taken following analysis. Daugherty questioned the Commission's financial incentives to reduce its budget and monitor its expenses. Voss described the Commission's legal requirements.and stated that the Metropolitan Council controls its budget. Clark reviewed the Commission's budget process noting that one-third of the operating budget goes to debt reduction. He indicated that special emphasis being placed on debt management and long term financial planning. Daugherty stated that it appears there may be some fiscal irresponsibility involved and requested proof of Shorewood's actual sewer inflow and outflow. Gagne reiterated his desire to take action toward an injunction against the increase. In response to Stover's question, Clark stated that the Commission receives income from: 1) the volume of water it receives and 2) charges to industrial users based on strength. Stover asked about the level of control the Metropolitan Council exercises over the Commission, whether there was something unusual about Shorewood's situation and what in the Commission's view is the factual basis of this problem. Voss indicated that Shorewood's situation is similar to that of the other cities surrounding Lake Minnetonka. He stated that the Metropolitan Council . has specific control over the capital budget and generally over the operating budget. 4 . . . " REGULAR CITY COUNCIL MINUTES ocroBER 12, 1992 - PAGE 5 Vierling noted that in her four years on the Board, this is the first time she has heard from Shorewood. Voss suggested providing the analysis resulting from the extensive measuring system installed this summer to clarify the Council's questions. Brancel stated that to date factual information has not been provided to the Council. Lewis stated that there was some responsibility on the part of the Commission to assist Shorewood when its data show significant rate increases that are not verifiable. Voss explained the cost allocation system used by the Commission. Gagne moved, Daugherty seconded to direct the City Attorney to bring to the Council at its next meeting (October 26, 1992) a specific course of action to be taken to secure verifiable accurate information requested and any alternative courses of action to seek legal remedies with emphasis on the 1993 proposed increase. It was noted that 1993 increases are effective January 1, 1993. Rolek reiterated that the increase is about 40% per household and represents 315 of Shorewood's operating budget. Dresel indicated two questions are at issue: 1) the estimated flow measurement and MWCC's III problem and 2) the disproportionate payment for sewer service by Shorewood. Motion passed 510. Lewis moved, Stover seconded to request that Shorewood staff assist MWCC to provide the Council at its October 26, 1992 meeting an explanation and factual proof that III investigation has been done on MWCC lines in Shorewood to justify the cost estimates being assessed. Daugherty requested that this proof be provided in two weeks. Voss indicated it may be difficult to provide the information within that time frame and requested assistance from Shorewood staff. Don Bluhm indicated some information has been provided by the staff but other information is required particularly regarding individual home usage. Stover questioned precisely what this information will prove given the vagaries of metering. Daugherty took issue with the Commission's need for extended time to provide factual data in that a levy has been assessed the City for 1993 sewer charges based on data apparently already available. Lewis withdrew his motion. Lewis moved, Stover seconded to request that MWCC return information to the Council in two weeks (October 26, 1992) justifying flow rates it maintains are Shorewood's responsIbility. Motion passed 5/0. Clark assured the Council that the Commission will do whatever it can to resolve this situation. 5 . . . . . . REGULAR CITY COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 6 Mayor Brancel thanked the MWCC representatives for attending the meeting. The Council meeting recessed at 8:50 p.rn. and reconvened at 9:00 p.m. 7. CONSIDER A REQUEST FOR lWO STOP SIGNS - SHOREWOOD OAKS DRIVE AT MAPT.R T .RAP COURT Gagne requested clarification from the staff regarding its recommendation against the additional stop signs requested by petition from the Shorewood Oaks Homeowners Association. Dresel explained that from an engineering standpoint, MNDot has advised that it is prudent to follow the Manual of Uniform Control Devices which prescribes four warrants to determine whether a stop sign is warranted or not and this location does not meet any of the warrants. In addition, police reports indicate proper vehicle speeds on Shorewood Oaks Drive, but additional enforcement may be warranted. Gagne indicated that a second set of stop signs is justified based on safety concerns. Daugherty indicated there are limited methods to regulate the apparent increased cut- through traffic in the area and therefore supported installation of a second set of stop signs. Brancel asked whether control of use of turn lanes during specific hours has been considered. Dresel responded that the road is considered a local thoroughfare and that would inconvenience the local residents and would divert the traffic elsewhere. Kent Forss, 26155 Shorewood Oaks Drive, stated that the neighborhood is one of the most densely populated areas of children and the entire existence of the road is because of the Shorewood Oaks development and the road is not a through road, but was designed for the neighborhood itself. The speed of vehicles is an additional concern and a stop sign would make people slow down when coming through. Stover stated that this is a typical cut-through problem. She expressed concern about the lack of an adequate road system in that area. Lewis stated that he favored actions that discourage traffic and promote safety in the neighborhoods. Gagne moved, Daugherty seconded to approve installation of two additional stop signs at Maple Leaf Court. Motion passed 5/0. 8. CONSIDER A REOUEST TO REDUCE SPEED ON COVINGTON ROAD BETWEEN VINE HIlL AND SWEElWATER CURVE Hurm reviewed the petition received from concerned residents regarding alleged excessive speeds on Covington Road between Vine Hill and Sweetwater Curve. It recommends an enforced reduced speed limit of 25 miles per hour andlor installation of speed bumps. He indicated that the best solution may be more enforcement but noted the Police Chiefs response to the request expressed concern regarding providing intermittent or continual 6 . . . . '. REGULAR CITY COUNCIL MINUTES OCTOBER 12, 1992 - PAGE 7 police presence given limited resources. The Chief does not recommend installation of speed bumps because they are neither safe nor effective and present potential liability for the City. Hurm noted that the Chief will be proposing that individual cities hire, at their own expense, part time officers to address specific problems. Ed Leipold, 5900 Covington Road, stated that there are four houses on the block and for some reason on that short strip, some people have a heavy foot. It is not all cars, but certain ones. He. did not feel the speed limit should be reduced to less than 25 miles per hour, but if people that are speeding would see an officer there on an irregular pattern, it would slow them down. If those people using the street as a speedway were ticketed, they would slow down. The safety of children is a concern. Leipold identified a number of the cars that speed with regularity. A mail box has been hit recently due to speed. In addition, because there are no street lights people cannot find Covington after dark. Leipold hoped that something could be done for safety reasons. Daugherty observed that traffic moving downhill on Old Market Road to the stop sign is fast and that the same problem exists there. He recalled that the Police were requested to monitor that entire area and he was somewhat displeased by the report in that it appeared to make excuses why they can't police the area rather than increasing surveillance and issue tickets when appropriate in that area and any other area of Shorewood where excess speed is a concern. Brancel noted that the Police Chief will be asking the Coordinating Committee to suggest that cities hire their own officers for such duty. She pointed out that other cities are making similar requests for surveillance. Gagne indicated that this is what the Police Department is hired to do. Lewis stated that his interpretation of the Chiefs response was that he did not particularly agree that a problem existed and that if he can not provide the enforcement, the City should hire its own officer to do so. Brancel reported that calls from residents indicate surveillance is not adequate and the Chief cannot provide more enforcement. Daugherty indicated that South Lake police have consistently monitored Vine Hill with success in deterring excess speed. He saw no reason why Shorewood can't ask the local police to monitor the subject area on a semi-regular basis so that people are aware of the surveillance. Daugherty did not favor hiring another officer until South Lake does what they are asked to do. Lewis stated that this was not a perceived problem of the Council, but a concern and problem communicated by residents. He indicated that it is not important that traffic get out, but that it get out safely. Stover moved, Daugherty seconded to re-direct th~ Police Department to increase surveillance in this area, as much as possible, and to submit to the Council a four-week written and oral report at a Council meeting. Motion passed 5/0. 7 -- . . 'T' ... REGUlAR CITY COUNCIL MINUTES ocroBER 12, 1992 - PAGE 8 9. CONSIDER A REOUEST FOR S1REET LIGHTS ON COVINGTON ROAD BRTWRRN VINE HILL ROAD AND SWEETWATER CURVEjVINE RIDGE ROAD Nielsen indicated that there is justification for installation of street lights requested in a petition received from residents on Covington Road. He indicated that the request meets the criteria for street lights and reviewed the appropriate location for placement of the lights. Gagne moved, Stover seconded to approve installation of street lights on Covington Road between Vine Hill Road and Sweetwater Curve/Vine Ridge Road Motion passed 5/0. 10. A MOnON TO ADOPT A RESOLUllON APPROVING FINAL PAYMENT FOR TIIES.E.AREA WATER TREATMENTPlANT-A&KCONSlRUCflON Daugherty suggested that approval of final payment be deferred although test results show excellent water quality, he stated that further testing should be done. Lewis indicated his water quality has improved. No comments have been received from other residents. Noel Vogen reported that numerous tests indicate that the water quality is very good and additional flushing will remove remaining sediment in the pipes. Dresel reported acceptable test results obtained by Munitech. Gagne moved, Lewis seconded to approve RESOLUllON NO. 97-92. "A Resolution Accepting Project No. 91458, Water Treatment Plant for the Southeast area, Well No.7." Motion passed 5/0. 11. CONSIDER A REOUEST TO INCREASE BUDGET - S.E. AREA WATER TREATMENT PlANT - ASSOCIATED CONSULTANTS - Noel Vogen Noel Vogen, Associated Consultants, reviewed his request for additional consulting fees for additional landscaping work added to the project prior to the bid letting, underground piping work, control system modifications, and protracted studies and testirig to optimize performance. Lewis asked why the costs ran up so high without an indication to the City about the cost over-runs and whether additional fees were requested at that time. Vogen indicated the project came in under budget, but that he did not request additional fees during the construction phase. Lewis questioned the number of hours spent on additional landscaping and questioned why additional fees were not requested as they occurred. Stover indicated that unless a contractor specifies work done outside the original contract, it is assumed that adequate funds have been appropriated for the costs. 8 . . . T '. REGULAR CITY COUNcn. MINUTES OCfOBER 12, 1992 - PAGE 9 Daugherty moved, Gagne seconded to deny the request from Associated Consultants for additional consulting fees for the Southeast Area Water Treatment Plant. Lewis questioned whether staff assistance was inaccurate or incomplete and whether the number of hours submitted are reasonable for the work involved. Brancel and Stover recalled that some discrepancies did arise during the contract approval process, but that the Council was assured at that time that the bid would cover those expenses. Gagne indicated that given the modifications that occurred, perhaps some negotiation of the request was appropriate. It was noted that under current policy, this type of request, after the fact, would not be allowed. Motion passed 3/2 Lewis and Gagne voted nay. 12. A MOTION TO AMEND CHAPTER 903 OF TIIE SHOREWOOD CITY CODE REIAnvE TO DELINOUENCIES Rolek noted that this amendment adds an "Appeals to Discontinuance of Service" section to the City Code, as requested by the Council. Lewis moved, Gagne seconded to approve ORDINANCE NO. 260. "An Ordinance Amending Chapter 903 of the Shorewood Gty Code Relative to Delinquent Water Utility Accounts." Motion passed 5/0. 13. CONSIDER A MOTION FOR CONDmONAL USE PERMIT AND VARIANCE REOUEST - VINE lillL MARKET (a.k.a. Skipperette) Applicant: James V. Pyle, Owner (Vine Hill Market) Location: 19215 Highway 7 Nielsen indicated that this request was previously tabled and the Applicant is unable to present plans at this meeting as scheduled. Gagne moved, Daugherty seconded to direct the staff to prepare a Findings of Fact Resolution denying the request of James V. Pyle, 19215 Highway 7, for a Conditional Use Permit and Variance for Vine Hill Market (a.k.a. Skipperette). Motion passed 5/0. 14. CONSIDER A REOUEST FOR ASSISTANCE REGARDING CITY WATER HOOK-UP Applicant: Tony Studer Location: 5685 Minnetonka Drive 9 . . . 'i" ... REGULAR CITY COUNCIT.. MINUTES ocroBER 12, 1992 - PAGE 10 Tony Studer, 5685 Minnetonka Drive, described his request and reasons for assistance regarding costs related to City water hookup. Gagne asked for clarification of the proposed assessment. Brancel asked whether this accommodation would set a precedent. Rolek indicated such requests are handled on a case by case basis by the Council. Stover moved, Gagne seconded to approve the request of Tony Studer, 5685 Minnetonka Drive, to pay $1,000 down and spread the remaining $3,000 water hook-up fee over three years as a special assessment certified on the tax roll, at an 8% interest rate and waive his right to a Public Hearing. Motion passed 5/0. 15. APPROVE WW OUOTE FOR lANDSCAPING FOR 1)ffi PUBliC WORI<S FACll.JTY Hurm recommended that the Council authorize acceptance of the bid of Lan-De-Con Inc. for landscaping at the new Public Works Facility. The City had received several quotes. Stover moved, Gagne seconded to accept the bid, not to exceed $12,500, of Land-De-Con Ine., Excelsior, MN, as the landscape contractor for the Public Works Facility. Motion passed 5/0. 16. MATfERS FROM THE FWOR - None. 17. STAFF REPORTS A Attorney's Report - None. B. Engineer's Report 1992 Project Update Church Road Assessment Policy Dresel reported that work on the Public Works Facility will be completed soon. He described the issues surrounding the proposed assessment for Church Road construction work and presented alternatives for the Council's consideration prior to the assessment hearing scheduled for 7:30 p.m., Monday, October 26, 1992. C. Planner's Report Nielsen informed the Council about agenda items scheduled for its October 26, 1992 meeting. 10 ., ..., " REGULAR CITY COUNcn.. MINUTES ... OCTOBER 12, 1992 - PAGE 11 . D. Administrator's Report Residential Recycling Funding Policy Revision Effective January 1, 1993 through December 31, 1997 Hurm briefly described the changes to the Hennepin County Residential Recycling Funding Policy recently adopted by the County Board. Report on Speed Complaints - Old Market Road/Covington Road Hurm brought the Council's attention to the Police Chiefs activity report on patrol in the area of Old Market/Covington Road. Schedule for Old Public Works Building Removal Hurm brought the Council's. attention to the proposed schedule for removal of the Public Works Department's maintenance building. . 18. COUNcn.. REPORTS A Mayor Brancel- None. B. Councilmembers Daugherty noted that a Sweetwater Circle resident expressed concern regarding recent repairs to the road by random applications of asphalt. Hurm noted that dips in the road were leveled using asphalt in order that the road can be adequately and safely snow-plowed. Dresel noted that some deterioration has occurred where sewer lines were run. Daugherty asked that the responsibility for permanent repairs be researched. 19. ADJOURNMENT SUBJECT TO APPROVAL OF ClAIMS Gagne moved, Stover seconded to adjourn the aty Council Meeting at 10:30 pm. subject to the approval of claims and re-scheduled the Work Session to the Council's meeting on October 26, 1992. Motion passed 5/0. . 11 " ~~ , , v ::. . . . REGULAR CITY COUNCIL MINUTES ocroBER 12, 1992 - PAGE 12 RESPEcrFlJI J ,Y SUBMnTED, Arlene H. Bergfalk Recording Secretary Northern Counties Secretarial Services AITEST: J (~ C. HURM, CITY ADMINISlRATOR ~,~ ~ . eEL, MAYOR 12