042296 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 22, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Bean called the meeting to order at 7:32 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City
Administrator Hurm; City Attorney Keane; Planning Director Brad Nielsen; City
Engineer Larry Brown.
Review Agenda
B.
McCarty moved, Stover seconded to approve the agenda for April 22, 1996 as
amended with Item 3B becoming Item 6A. Motion passed 5/0.
C. Council Commitment
Mayor Bean summarized the Council Commitment and explained it is a formalization of what is
expected of Councilmembers. Mayor Bean stated the recommendation is, if the Councilmembers
are in agreement with the Commitments, that each member sign the Council Commitment and it
would be made a permanent record. Hearing no objections, Mayor Bean asked that each member
sign the Council Commitment.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes - April 8, 1996
McCarty moved, Benson seconded to approve the City Council Regular Meeting
Minutes of April 8, 1996, as amended on Page 2, Item No. 4 to read, Matters
"From" the Floor. Motion passed 5/0.
B . City Council Work Session Minutes - April 8, 1996
Stover moved, McCarty seconded to approve the City Council Work Session
Minutes of April 8, 1996. Motion passed 5/0.
C. City CouncillPlanning Commission Joint Work Session Minutes - April 9, 1996
Benson moved, Shaw seconded to approve the City CouncillPlanning Commission
Joint Work Session Minutes of April 9, 1996. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for April 22, 1996.
McCarty moved, Benson seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
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REGULAR CITY COUNCIL MINUTES
APRIL 22, 1996 - PAGE 2
A. RESOLUTION NO. 96-31, "A Resolution Approving a Liquor License for
American Legion Post 259."
B . This item has been moved to 6 A .
C. Motion approving an Extension of the Deadline for Submitting the Final
Plat for Manitou Woods by Omega Development, Inc.
D. RESOLUTION NO. 96-32, "A Resolution Authorizing Water Charge to be
Levied - 27000 Beverly Drive."
Motion passed 5/0.
4. MATTERS FROM THE FLOOR - None.
5. PUBLIC HEARING 8:04 P.M. - SMITHTOWN ROAD W A TERMAIN
EXTENSION PROJECT
A. A Motion Accepting the Feasibility Study and Ordering Plans, Specifications and
Estimates for Project #95-15 Smithtown Road Watermain Extension from Boulder
Bridge Circle to the South City Limits
Engineer Brown presented a staff report wherein he reported a feasibility study has been prepared
for the extension of a 12-inch watermain from Boulder Bridge Circle along the east side of
Smithtown Road to the southern city limits.
Brown stated the assessment for existing single family residential lots is calculated at $5,000.
Assessment for newly created lots is $5,000, plus an additional trunk charge of $5,000, for a total
of $10,000.
Brown commented the Council may, in the future, discuss the issue of mandatory hook up.
Currently, the policy states that residents have 18 months to hook up once the watermain has been
deemed acceptable.
Mayor Bean opened the public hearing at 8:08 p.m.
A resident inquired how the determination is made to come in through the driveway. Mayor Bean
explained the water extension itself would be within the Smithtown right-of-way so there would be
no intrusion on private property as far as the extension of the city line. The only time the issue of
going up someone's private driveway would arise would be in trying to address the homeowners
to the west of the road that are really not included in this project, but this would be the closest
watermain to their property.
The resident inquired if the total cost of $149,000 would result in surplus funds. Brown indicated
there would be funds which will go back into the water fund. There are 15 parcels which will
generate $75,000, approximately half of the project cost. The remaining funds will ultimately be
used to get water to the other parcels in the future..
Bill Wicka, 27930 Smithtown Road, stated he supports the project. He stated his neighbor, who
owns the road, has agreed to grant an easement to allow him access to hook up.
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APRIL 22, 1996 - PAGE 3
Hearing no further public comment, Mayor Bean closed the public hearing at 8: 11 p.m.
Mayor Bean stated he had received a letter from Theodore and Barb Mortonson, 27920 Smithtown
Road, expressing their support for water service.
Mayor Bean stated he would not agree to this project now if it were not for the Victoria extension.
He also pointed out that during the neighborhood meetings, several residents from this area
expressed a strong desire for city water due to the poor quality of well water.
Councilmember Benson asked how much more it was costing for the pipe to connect to Victoria.
Brown stated it was approximately $20 to $25 per lineal foot difference. Councilmember Benson
felt the oversized pipe added value to the system.
Mayor Bean explained Exhibit A of the Victoria Contract is a side by side overview of the costs
and savings. The total public net savings would be $465,000 which was divided in half between
the two cities. The Victoria agreement was based on these estimates.
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McCarty moved, Benson seconded to adopt RESOLUTION NO. 96-35, "A
Resolution Accepting the Feasibility Study and Ordering Plans, Specifications
and Estimates for City Project 95-15, Smithtown Road Watermain Extension from
Boulder Bridge Circle to the South City Limits." Motion passed 5/0.
Brown anticipated plans could possibly be brought back to one of the upcoming Council meetings
for approval and authorization to advertise for bids. He stated in the next two weeks, staff would
meet with the property owners affected and try and work out the finer details as to how these
connections are going to occur. These would be incorporated into the design.
Councilmember Stover inquired if treatment of the water would be necessary in this area. Brown
felt chlorine and fluoride would be the only treatment necessary at this time.
Councilmember Stover commented on the rust content of the Boulder Bridge well.
Councilmember Stover asked what the contingency plan would be if the water needed a treatment
facility at the site. Brown stated many of the wells in this area have a very high iron content. He is
estimating the iron content from the municipal system will be cut in half. He stated people will
probably still need a treatment system in their home, but they will notice a drastic difference. If
people are still not content with the quality of water, the City could be petitioned to consider an
improvement. At that time there would need to be a feasibility study as well as consideration of the
impact to the City of Victoria. Brown explained that as Par:t of the agreement, if either party has a
strong desire for further treatment, both parties will negotiate an appropriate share which will be
attributed to each party.
Mayor Bean stated that Boulder Bridge has been operational for 15 years and provides a good
measure of acceptability.
6. CONSIDERATION OF AN AGREEMENT WITH THE CITY OF VICTORIA
REGARDING WATER SUPPLY
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Mayor Bean reported he had an opportunity to speak with Victoria Mayor Meuwissen who advised
him the Victoria Council is seeking legal review of the contract prior to approval.
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REGULAR CITY COUNCIL MINUTES
APRIL 22, 1996 - PAGE 4
Mayor Bean explained that Attorney Keane represents the City of Victoria as well as the City of
Shorewood. Attorney Keane had advised the Victoria Council he would be representing
Shorewood on this issue. He further recommended to Victoria to have outside counsel review the
agreement.
Mayor Bean informed Victoria Mayor Meuwissen that the Shorewood Council would consider
approving the agreement subject to any issues raised by Victoria. If significant changes were to be
made to the agreement, it would be presented to both councils for discussion.
Mayor Bean explained to the audience that the agreement would be for the City of Shorewood to
supply back-up water to the City of Victoria. The benefit to Shorewood is a $232,000
contribution, which would be received in installments, from Victoria to defray the costs of the
water tower. This agreement allows Victoria to postpone construction of a new water tower and
ultimately allows for better regional planning.
Mayor Bean suggested the Council send the City of Victoria a message indicating Shorewood is in
concurrence subject to review by the Victoria legal counsel, with significant changes reviewed by
both councils.
Councilmember McCarty commented it makes sense for cities to work cooperatively. She stated
the cost savings are evident for both cities.
McCarty moved, Benson seconded to Approve a Contract for Water Service
Between the City of Shorewood, Minnesota, and the City of Victoria, Minnesota.
Motion passed 5/0.
6A.
CONSIDERATION OF A MOTION TO ADOPT A
AUTHORIZING EXECUTION AND SUBMITTAL OF
COUNTY RECYCLING GRANT AGREEMENT FOR 1966.
RESOLUTION
HENNEPIN
Councilmember McCarty inquired if recycling of cereal boxes was to be included in services
provided. City Administrator Hurm stated he believed that to be correct, however this agreement
was for funds the City of Shorewood would receive from Hennepin County. Councilmember
McCarty stated she was aware of many residents have been collecting cereal boxes in their garages
and she would like to know if the City is at a point where they will begin to collect cereal boxes.
Administrator Hurm stated he could inquire about that.
McCarty moved, Stover seconded to adopt RESOLUTION NO. 96-33, "A
Resolution Authorizing Execution and Submittal of Hennepin County Recycling
Grant Agreement for 1996." Motion passed 5/0.
7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
REGARDING WATER STREETIHIGHWAY 7 IMPROVEMENTS
PRESENTATION BY PAUL KACHELMEYER, MNDOT
Paul Kachelmeyer provided handouts regarding the Water Street improvements and another
regarding other projects :MNDOT has planned in the area. He explained the plans MNDOT has
proposed to reduce the number of accidents at the intersection of Highway 7 and Water Street.
Kachelmeyer briefly described the proposed plan which would be to restrict movements at the
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REGULAR CITY COUNCIL MINUTES
APRIL 22, 1996 - PAGE 5
intersection for westbound traffic to be able to turn right on to Water Street, from Water Street, to
be able to turn right to proceed to Highway 7. Traffic from Water Street would not be permitted to
go south across the highway. There would still remain a left turn lane for westbound Highway 7
traffic to head south and down to Chaska Road. As part of that project, the left turn lane will allow
for eastbound traffic to turn north on to County Road 19.
Councilmember Stover asked if the left turn light time would be extended and allow more cars in
the lane to turn left. Kachelmeyer stated that was part of the proposal..
Councilmember Stover inquired if that would be accomplished by monitoring or if it would it
automatically controlled. Kachelmeyer stated most signal systems are computerized whereby
sensors in the pavement determine the number of vehicles in a left turn lane. If they accumulate to
a certain point, the sensors indicate to the signal system to extend a few seconds longer. He also
indicated he would presume automation does not currently exist at this intersection.
Mayor Bean inquired if :MNDOT had agreed to install signal control capability for emergency
vehicles. Kachelmeyer confirmed they had.
Mayor Bean briefly explained that emergency vehicles leaving from downtown Excelsior would be
able to turn the lights, from their vehicle, in their favor which would allow them to stop east and
westbound Highway 7 traffic, allowing them to get out on the highway if that were the direction
they were going.
Councilmember Stover asked if this would also be available for Chanhassen fire trucks.
Kachelmeyer stated from his understanding of the emergency vehicle entrance system, each vehicle
has an optical light and any emergency vehicle which flashes its optical light would be able to
control the signal.
Kachelmeyer stated the emergency vehicle system is customarily paid for by the City, however,
when MNDOT has a project in the area, MNDOT will typically pay half.
Benson moved, Stover seconded to adopt RESOLUTION NO. 96-34, "A
Resolution Approving a Preliminary Layout for the Trunk Highway 7/Water Street
Intersection Improvements." Motion passed 5/0.
Kachelmeyer gave a detailed description of projects which have been planned for the next several
years which include Christmas Lake Road intersection reconstruction, Highway 7 roadway
resurfacing, minor safety improvements and closure of some access points in 1997, as well as
paving of shoulders on Highway 7, the addition of left turn lanes at several locations, closure of
some access points, Excelsior Interchange reconstruction, Water Street revisions, turn lane
extensions, and roadway resurfacing and emergency vehicle preemption at County Road 19 signals
in 1999.
Kachelmeyer stated he has been discussing with Brad Nielsen and Larry Brown the possibility of a
project whereby access to Freeman Park from Highway 7 would be minimized. There has been
discussion of extending Yellowstone Trail toward Freeman Park. MNDOT sees the removal of
access points to Highway 7 as a benefit and they would be willing to pay to see that accomplished.
He stated it is conceivable that MNDOT would pay $100,000 to $200,000 over and above the cost
of physical removal of access points on Highway 7 to the City to help build Yellowstone Trail. He
further stated the City would be able to pursue that project as early as next year.
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APRIL 22, 1996 - PAGE 6
8. PLANNING - Report by Representative.
Commissioner Turgeon reported on the Planning Commission meeting held April 16, 1996. The
Commission voted unanimously to deny the Watten Ponds P.D.D. request. She stated the
developer did not feel it was economically feasible to build less than 12 units.
A. A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Setback
Variance. Applicant; Richard Hoyt. Location: 5710 Ridge Road.
Nielsen explained Mr. Hoyt built a deck and screen porch too near the lakeshore of Christmas Lake
without the benefit of a permit or variance approval. The Planning Commission recommended
denial of that variance. It has been delayed for several reasons, however, recently Mr. Hoyt
indicated he wanted a full contingent of Council to vote on his request. Hoyt requests that the
matter be referred back to the Planning Commission. Nielsen stated he does recommend this issue
be referred back. Nielsen stated what the applicant had suggested to him in their discussions does
have merit and that it is something worth taking a look at.
Commissioner Turgeon stated the Planning Commission's recommendation was to have the deck
and screen porch removed by June 1st.
Nielsen pointed out if the matter is referred back to the Planning Commission, that deadline would
not be valid.
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Mayor Bean stated the Council had before it a Planning Commission recommendation that the
setback be denied and that the violation be corrected by June 1, 1996. The applicant has presented
a revised plan which he would like the Planning Commission to consider.
Benson moved, Stover seconded to refer the setback variance for Richard Hoyt,
5710 Ridge Road, back to the Planning Commission. Motion passed 5/0.
Mayor Bean stated this was a fairly direct violation and that he will be interested to see what
compromises would be justifiable.
9. DISCUSSION OF ON-STREET PARKING PROBLEM - CHASKA ROAD
Planning Director Nielsen presented a staff report regarding on-street parking generated by the
office building at 6020 Chaska Road.
The owner of the building has been advised that this matter would be brought before the Council.
It is recommended no action be taken until the building owner has had an opportunity to respond to
the problem. If the owner does not address the problem, a neighborhood meeting would be
scheduled to discuss this issue. If the owner is able to acquire additional property, a parking ban
would possibly not be necessary.
Nielsen stated he will meet with the owner to explain the process. He suggested the Council give
30-45 days for the owner to make application. Survey work will have to be completed as well as
an application for appropriate approvals.
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APRIL 22, 1996 - PAGE 7
Mayor Bean inquired if this information had been communicated back to those who have filed the
complaints. Nielsen explained both the office owner and the people who ftled the complaints
received a copy of his memorandum.
Councilmember Stover stated this appeared to be a reasonable solution. Council reached
consensus to revisit this issue in 45 days.
10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
DESIGNA TING VINE HILL ROAD AS A MSA STREET
Engineer Brown presented a staff report regarding designation of Vine Hill Road as a state aided
roadway.
Councilmember Shaw asked if the extension of the Yellowstone Trail would be affected by this
removal of the Yellowstone Trail segment. Brown stated the proposed State aid route is in line
with what the State had recommended. Staff had proposed to have Country Club Road and a
portion of Yellowstone Trail from Country Club Road to Lake Linden as a state aid route.
Nielsen stated Yellowstone Trail need not be MSA for MNDOT to contribute toward its expense.
He further stated staff would be looking at the whole system and it is possible Yellowstone Trail
would end up back on the MSA designation. The Comprehensive Plan suggests Yellowstone Trail
be taken off that system.
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Mayor Bean stated his recollection of past conversations was that Vine Hill Road would be highly
suspect as an MSA route given the topography. He inquired if MSA standards had changed which
would allow Vine Hill Road to become an MSA street without major topographical changes.
Brown stated the topography would probably be the biggest constraint. He explained there may be
a possibility of granting a design exception on that roadway which would need to be negotiated.
There will ultimately be some significant changes if that roadway were to be reconstructed.
Mayor Bean expressed concern that the height of the roadway might have to be reduced in some
areas to ensure adequate sight distance. Brown commented he did not feel it would be that severe.
. Brown noted that pedestrians and bicyclists have voiced a strong concern about getting an off-
street trail along Vine Hill. Brown commented upgrade of this road is probably five years out.
McCarty moved, Shaw seconded, to adopt RESOLUTION NO. 96-36, "A
Resolution Approving Vine Hill Road from Town Line Road to State Highway 7
as a Designated Municipal State Aid Roadway." Motion passed 5/0.
11. ADMINISTRATOR AND STAFF REPORTS
A. Preliminary Presentation on Purchase of Excelsior Fire Department Vehic1e.
Administrator Hurm stated the proposal is for the City of Excelsior to purchase a new 65' Tele-
Squirt fire truck. This vehicle would serve as their front line engine for first response. As a
courtesy, the Council has been invited by Excelsior to attend a work session on their request on
April 30th at 7:00 p.m.
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REGULAR CITY COUNCIL MINUTES
APRIL 22, 1996 . PAGE 8
Hurm explained that the Department will not require any debt to cover the 15 year Equipment
Purchase Schedule. Rather, purchases will be paid for through regular city contributions.Hurm
noted the City's contribution would not be affected by this purchase.
Mayor Bean inquired if this replaces a 26-year old truck which should have been replaced six years
ago. Hurm stated that is correct.
Mayor Bean stated this would provide 95 percent coverage within the city as compared with 65
percent for the 75' version. A narrower stabilizer pad allows the truck to be closer to the building
so there is relatively little given up in terms of extension. Mayor Bean also commented on the
added safety features this would provide the fire fighters.
Councilmembers McCarty and Stover expressed their full support and appreciation of the detailed
report furnished by Chief Mahaffey and Assistant Chief Hoo.
Mayor Bean explained the contract between the cities provides for contributing cities to have input,
but technically it would be Excelsior's decision.
Stover moved, McCarty seconded to support the Purchase of the Excelsior Fire
Department Fire Truck Replacement. Motion passed 5/0.
B . Current Status on Senior Community Center Schedule.
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Administrator Hurm explained the review of the plan and specifications for the Senior Community
Center were not ready for this meeting, however, he would like to have a special meeting on
Wednesday, May 1st at 7:00 p.m. If that were possible, the contract could be awarded on June
10th, construction could begin on June 24 with anticipated completion of construction on
December 24th.
Engineer Brown reported signs have been put up on Smithtown Road regarding closure. In the
area of Grant Lorenz and Eureka Road, traffic will be detoured on Eureka Road, Wild Rose Lane
and back onto Grant Lorenz for approximately two weeks. The contractor had wanted to begin
detouring traffic that morning, however due to the late notice given to staff, notice was not able to
be given to residents. Notices have now been sent to residents. The contractor was cooperative in
keeping the roadway open for the referendum vote which was taking place.
Councilmember McCarty inquired if there was a contingency plan for the school buses. Brown
stated he had not heard from school whether they will utilize Wild Rose. He explained the school
has been notified.
Mayor Bean stated that would need to be verified before the roadway is shut down due to a
concern for children who are waiting for school buses. Brown indicated the School District had
stated they were happy with the notice they were given and they would be coordinating this
change.
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Brown stated that all emergency services had been notified as well.
Mayor Bean requested staff gain confirmation by the end of the following day from the School
District that the parents have been notified or the contractor will need to be informed that the road
could not be closed. Mayor Bean stated this could potentially cost the City some money if the
contractor needs to be shut down.
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REGULAR CITY COUNCIL MINUTES
APRIL 22, 1996 . PAGE 9
Brown stated the length of the detour, depending on weather, should be approximately two weeks
while they install the watermain. The roadway will be opened at 7:00 p.m. and closed again at
7:00 a.m. the following day.Brown explained the contractor preferred not to work on Saturdays
unless there was a need to make up weather days.
12. MAYOR AND CITY COUNCIL REPORTS
Mayor Bean explained Excelsior is looking for budget savings relative to police service. Their
proposed solution is to reduce the number of hours of random patrolling which occurs within
Excelsior city limits. They have some specific kinds of patrol they are looking to reduce, the net of
which is approximately 500 hours, which is approximately a $10,000 savings to Excelsior. Since
Shorewood has the highest degree of growth, Excelsior is looking to see if Shorewood would be
interested in picking up any or all of those 500 hours.
Mayor Bean recessed the meeting at 9:12 and reconvened the meeting at 9:14 p.m.
Mayor Bean stated he had raised the question of what would be the ripple effect to the surrounding
communities. If Excelsior has less patrol, that could ultimately result in more crime.
Mayor Bean raised the concern that because a crime happens in one city doesn't necessarily mean
there would not be a negative effect on the neighbor. Everyone would end up paying in terms of
the problems which are created by more delinquency and more misdemeanor kinds of problems
which the patrol would be catching.
Mayor Bean also suggested if there were truly excess capacity, then possibly one of the positions
should be reduced to part time. If there is a need within the community, then this could result in
shifting the dollars in terms of who could more equitably pay for it.
Administrator Hurm stated perhaps the real question would be, Are the current Shorewood officers
enough or is there reason for more patrol hours in Shorewood? If that were the case, this would
be an opportunity to pick up some additional hours.
Mayor Bean stated the Council would revisit the issue within the next 45 days. Chief Young will
be invited to attend at that time.
Mayor Bean stated there was an annual audit of the financials of the police department. This was a
very positive review as far as the condition of the department from an accounting standpoint.
There were no accounting issues raised relative to the keeping of the books and they should be
commended for that.
Mayor Bean stated a letter was received from Phil Tipka commending staff collectively for the help
they have given him and the quality of work they do. Mr. Tipka is leaving OSM where he has
been a field supervisor for 24 years.
A consensus was reached to have the Council photo taken at the Council Chambers.
Councilmember Benson suggested it be done as inexpensively as possible. Mayor Bean
recommended Mr. Magnuson as the photographer.
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APRIL 22, 1996 - PAGE 10
Administrator Hurm stated a letter was received a letter from MCES regarding underpayment. He
stated the estimate for last year was a little lower than the actual. He further stated it probably is
worth noting that legislation was passed which would have changed the way the cities are billed
and the Governor vetoed it and that will be back on the Council's agenda to try and get that passed
through next year.
Mayor Bean announced a community forum on April 29 at 7:00 p.m. regarding the creation of a
Hennepin County Drug Court.
13. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
McCarty moved, Shaw seconded to adjourn the City Council meeting at 9:32 p.m., to a work
session, subject to approval of claims. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
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____!.____i.Jd-...:.~.1..f..l1:-g;::...-'::=::...________
ROBERT B. BEAN, MAYOR
_~_t~________
C. HURM, CITY ADMINISTRATOR