081296 CC Reg Min
.
.
.
,"'"
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDA Y, AUGUST 12, 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 Peter Coyle; Finance Director AI Rolek and
Engineer Larry Brown.
B.
Review Agenda
McCarty moved, Benson seconded to approve the agenda for August 12, 1996, as
amended adding Item 14 E, Discussion of Smithtown Road by City Attorney
Coyle. Motion passed 5/0.
2. APPRO V AL OF MINUTES
A. City Council Regular Meeting Minutes July 22, 1996
Stover moved, Benson seconded to approve the City Council Regular Meeting
Minutes of July 22, 1996, as amended on Page 2, Item No.4, Paragraph 3, Line
1, change Ed Burgeon to Ed Bergslien; Page 4, Paragraph 1, Line 2, delete
"which included the dock remaining in place." Motion passed 5/0.
B. City Council Work Session Meeting Minutes July 22, 1996
McCarty moved, Shaw seconded to approve the City Council Work Session
Meeting Minutes of July 22, 1996, as amended on Page 3, Paragraph 1, Line 4,
change "owner would have" to "owner could have." Motion passed 5/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for August 12, 1996.
Stover moved, Benson seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
A. RESOLUTION NO. 96-68 "A Resolution Appointing Election Judges
for Primary and General Election."
B. A Motion to Accept the 1996-1997 Assessor's Contract.
C.
A Motion to Establish a Fall Clean-up Date as Saturday, October 26,
1996.
.
.
.
REGULAR CITY COUNCIL MINUTES
AUGUST 12, 1996 - PAGE 2
D.
RESOLUTION NO. 96-69 "A Resolution Approving Garbage
Haulers' Licenses."
E. RESOLUTION NO. 96-70 "A Resolution Regarding a Setback
VariancelVariance to Expand a Nonconforming Structure for William
Jensen, 4880 Rustic Way."
F. RESOLUTION NO. 96-71 "A Resolution Approving a Setback
Variance for Cheryl Johnson, 5785 Eureka Road."
G. RESOLUTION NO. 96-72 "A Resolution Authorizing Budget
Transfers and Budget Amendments."
H. A Motion to Approve an Extension to Comply with a Zoning
Violation Order for James Salter, 4420 Enchanted Drive.
1. A Motion to Approve an Extension to Comply with a Zoning
Violation Order for Ken Tuvman, 5760 Brentridge Drive.
4. MATTERS FROM THE FLOOR
Bob Rascop appeared and expressed concern with respect to the quality of the water he is
receiving. Mr. Rascop noted the water has changed color from white to brown. City Engineer
Brown explained there is a difference between the Shorewood and the Tonka Bay systems and
explained a milky color to the water is created by air trapped in the water line. In addition, when
there are high demands, such as sprinkling, there tends to be a higher iron content in the water.
Brown further explained when the new water tower is on line, there will be a more steady pressure
which will assist in resolving this problem.
Ingrid Schaff, 25605 Smithtown Road, appeared and addressed the Council on behalf of the
residents who use the trail for nonmotorized activities. Ms. Schaff asked the Council, when
considering the Task Force recommendations, to consider the approximately $20,000 which has
been committed to this issue, the unknown additional moneys which will need to be spent to
comply with the Task Force recommendations and the public opinion survey. Ms. Schaff asked
the Council to read the verbatim comments from the citizens as well as those from the police
officers' interviews. She also asked that the Council look at the escalation of complaints by
residents on all parts of the trail and city. Ms. Schaff stated she supports a cornplete ban of
snowmobiles. She expressed her belief the City needs to devote park and recreation resources to
things which benefit more citizens, families and children in Shorewood.
5 . PARKS - Report by Representative
A. Report on July 23, 1996 Meeting
Commissioner Puzak reviewed the matters considered at the July 23, 1996 meeting of the Parks
Commission (as detailed in the minutes of that meeting).
B. Report on Underground Wiring at Badger Park
Commissioner Puzak explained the Park Commission is recommending to the City Council that the
remaining money which was to be used for moving the hockey rink be redirected to pay for
installing underground wiring for the football lights and to relocate one tree to another area in
Badger Park.
.
.
.
REGULAR CITY COUNCIL MINUTES
AUGUST 12, 1996 - PAGE 3
Shaw moved, McCarty seconded approving the allocation of funds for relocation
of the football field, burial of the electrical power service and the relocation 0 f
one tree. Motion passed 5/0.
C. Recommendation to Not Allow Dogs at Crescent Beach During Swimming Season
Commissioner Puzak noted a recommendation had been made to request City Council to change
the ordinance to not allow dogs at Crescent Beach during the swimming season.
Stover inquired if there had been a problem with this at the beach. Councilmember Shaw
suggested directing staff to discuss this issue with Tonka Bay to ascertain if this is an issue.
Councilmember Benson felt the Shorewood ordinance should be consistent with that of Tonka
Bay.
6. PLANNING - Report by Representative
Commissioner Turgeon reviewed the matters considered and the actions taken by the Planning
Commission at their meeting on August 6, 1996 (as detailed in the minutes of that meeting).
With respect to the ball fields for Minnetonka School District 276, Commissioner Turgeon noted
two wetland basins had been identified on the property and the school has requested the Minnehaha
Creek Watershed District exempt an old sewage treatment lagoon in the northwest quadrant site and
an easterly lobe of the southerly wetland area.
Woody Love appeared noting he is a member of the Minnehaha Creek Watershed District. He
explained the engineers from the Watershed District had spent time with members of the school in
an attempt to resolve this issue, however, upon a vote of 5-2, the Watershed Board voted to deny
the request of the school and chose to remain consistent with their policy to allow only wet
retention ponds.
Mayor Bean asked if the Watershed District would be allowing the old sewage pond to be
modified. Mr. Love stated the Board had responded only to the issue of the wet retention pond.
He explained the other ponds are being reviewed by a technical panel and the Watershed Board will
consider them at their next meeting.
Hurm noted the School District is concerned with having a standing wet pond. He asked if there
would be any way to work with the School District to allow for additional soccer and baseball
fields which are needed. Mr. Love stated in congested areas, the population puts additional
demands on the environment. He stated the environment still has an important role and that these
resources must be preserved.
7 . DISCUSSION WITH COMMISSIONER FOUST REGARDING
TELECOMMUNICATION ISSUES
Commissioner Foust was unable to attend the meeting due to the birth of his daughter. City
Administrator Hurm stated Commissioner Foust had related to him that Triax Cable Vision is
interested in an early renewal of their contract. They would like to complete this prior to February.
Commissioner Foust will plan to address the Council at their next meeting.
8.
CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
AUTHORIZING CHANGES IN TRAFFIC CONTROL FOR SHADY HILLS
NEIGHBORHOOD
REGULAR CITY COUNCIL MINUTES
AUGUST 12, 1996 - PAGE 4
.
City Engineer Brown addressed this issue and reviewed it in detail. Mayor Bean asked for the
estimated cost of this channelization plan and Brown noted a cost estimate had not been compiled,
but he estimated the cost to be approximately $2,800 to $3,500.
Brown explained the proposed signs would be put in place and monitored for one year. If
complaints are still being received at the end of one year, then an origin destination study would be
completed.
Councilmember Shaw felt a two or four hour restriction of turning movements would be more
appropriate than a 24-hour restriction. Brown indicated the residents were very definite in their
request for a 24 hour time period.
McCarty moved, Stover seconded, adopting RESOLUTION NO. 96-73, adopting
traffic control changes at the intersection of Brohm's Boulevard and Shady Hills
Road as noted in Alternative No. 1. Motion passed 5/0.
-9. CONSIDERA TION OF A MOTION TO APPROVE REQUEST BY SPRINT
SPECTRUM TO APPL Y FOR A CONDITIONAL USE PERMIT TO
LOCATE ANTENNAS ON SOUTHEAST AREA WATER TOWER
City Administrator Hurm addressed this issue and explained it in detail.
Stover moved, McCarty seconded approving a request by Sprint Spectrum to
apply for a Conditional Use Permit to locate antennas on the southeast area water
tower. Motion passed 5/0.
.
10. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION SETTING
A PUBLIC HEARING AND SUBSEQUENT HEARING ON THE
PROPOSED 1996 MUNICIPAL BUDGET
McCarty moved, Shaw seconded, adopting RESOLUTION NO. 96-74 setting a
public hearing on Wednesday, December 4, 1996 at 7:45 p.m., and, if needed, a
continuation of the Public Hearing on Thursday, December 12, 1996, on the
proposed 1997 budgets and the 1996 property tax levy collectible in 1997.
Motion passed 5/0.
11. CONSIDERA TION OF A MOTION TO SET COUNCIL MEETING DATES
FOR NOVEMBER AND DECEMBER
Stover moved, Benson seconded to set the Board of Canvass Meeting for
Wednesday, November 6, 1996 at 5:30 p.m., and Regular City Council Meeting
dates for Tuesday, November 12, 1996, Monday, November 25, 1996,
Wednesday, December 4, 1996, Thursday, December 12, 1996 (if needed), and
December 16, 1996. Motion passed 5/0.
12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION
ACCEPTING THE BIDS AND AWARDING CONTRACT FOR SCADA
EQUIPMENT FOR MINNEWASHTA WATER TOWER, BOULDER
BRIDGE & BADGER FIELD WELLS AND METERING STATION CITY
PROJECT 96-2
City Engineer Brown reviewed this matter in detail noting the low bid was made by Automatic
. Systems Company in the amount of $46,789.
REGULAR CITY COUNCIL MINUTES
AUGUST 12, 1996 - PAGE 5
.
McCarty moved, Benson seconded, adopting RESOLUTION NO. 96-75 "A
Resolution Accepting Bids and Awarding Contract to Automatic Systems
Company in the amount of $46,789 for the Scada Equipment for City Project 96-
2, Minnewashta Water Tower, Boulder Bridge & Badger Field Wells, and
Metering Station. Motion passed 411; Stover was the dissenting vote.
13.
CONSIDERA TION OF MOTIONS REGARDING
IMPROVEMENT PROJECTS
1997
CAPITAL
A. A Motion to Adopt a Resolution for Expenditure of Funds for Preliminary Survey
Work by OSM & Associates
City Engineer Brown reviewed this matter noting OSM & Associates has presented a proposal of
$29,300 for this survey work. Councilmember Shaw felt $29,300 was an excessive amount to be
expended on this work. Brown stated this work could be put out as a competitive bid and brought
back for the Council's consideration at the next regular meeting. It was the consensus of the
Council to seek competitive bids.
Shaw moved, Stover seconded, directing staff to obtain competitive bids from
two competent engineering firms to be selected by the City Engineer and the City
Administrator in addition to the bid which has been received from OSM &
Associates for the preliminary survey work for the 1997 CIP projects. Motion
passed 5/0.
B . A Motion to Adopt a Resolution Authorizing the City to Enter into an Agreement
with OSM & Associates for Professional Services
.
Benson moved, McCarty seconded to table this matter. Motion passed 5/0.
14. ADMINISTRATOR & STAFF REPORTS
A. Review of Spring Clean-up Charge Policy
City Administrator Hurm noted a letter had been received from Chester Yanik, 4245 Enchanted
Lane, with respect to the spring cleanup fee.
Councilmember McCarty inquired how many residents utilize curbside pickup and if it would be
possible to designate drop off sites as opposed to curbside pick up. Councilmember Benson noted
a number of residents utilize the curbside pick up. Councilmember McCarty commented she could
understand the concerns of the residents who do not utilize this service.
Councilmember Benson feels that everyone benefIts from the service in that trash is disposed of. It
was noted the $6.50 charge covers a pick up in the spring and in the fall, although the fall program
is smaller than the spring program.
It was the consensus of the Council that no action would be taken on the issue of the spring
cleanup fee.
B. Review South Lake Minnetonka Public Safety Department 1997 Proposed Budget
.
City Administrator Hurm reviewed this matter noting the per capita costs to Shorewood are quite
low. Mayor Bean noted the amount of time which was spent in Shorewood has risen from 39.8
percent to 47.1 percent. Councilmember Stover expressed her feeling that all of the cities involved
are receiving a good service.
REGULAR CITY COUNCIL MINUTES
AUGUST 12, 1996 - PAGE 6
.
Stover moved, McCarty seconded approving the South Lake Minnetonka Public
Safety Department 1997 Proposed Budget. Motion passed 5/0.
C. Review Excelsior Fire Department 1997 Proposed Budget
City Administrator Hurm reviewed this matter noting the budget is approximately $2,000 less than
had been projected four years ago. He further noted the budget is based on the number of calls and
tax capacity. Shorewood's share is increasing approximately 8 percent due to an increase in calls.
Councilmember Stover noted Excelsior and Shorewood appear to have the same number of calls
even though the populations are not consistent. Hurm noted this would include medical calls in
addition to fire calls.
D. Engineer's Report on the Status of the Water Tower
City Engineer Brown commented on the fatality at the water tower on July 28, 1996. He noted the
work crew is back on the site this week and proceeding with work. It is anticipated sandblasting
and painting will begin on August 13th.
.
Brown stated a number of calls have been received with respect to a disease common to people
exposed to sandblasting operations and explained that Star Blast, a product manufactured by
DuPont which is not a silica based product, will be used in this sandblasting process. In addition,
wind conditions will be monitored by a construction observer. It is anticipated the outside of the
tower will be completed by September 2nd with the inside to be completed by September 20th.
Paint will be applied by roller and lead based paints will not be used.
E.
Discussion by City Attorney Regarding Smithtown Road
City Attorney Coyle stated he met with City Staff and discussed concerns raised by residents
adjacent to the right-of-way on Smithtown Road. Questions were raised as to the concise
definition of right-of-way. The City Attorney has advised staff the project, as approved, complies
with the ordinance as well as state statute. The feasibility report and construction plans as
approved are consistent with that feasibility report and staff should proceed as directed by CounciL
The City Attorney has advised staff if a situation arises where residents or adjacent property
owners have increased concerns to the point where they choose to use physical measures to attempt
to prevent completion of the project on the schedule which has been planned, the City Attorney
would recommend the City initiate whatever legal action is required to ensure the project not
endanger anyone, that the schedule be maintained, and that the City's scarce resources are
efficiently used to complete the project as directed by the Council based on the approval of the
feasibility report.
In addition, the City Attorney would recommend that City Staff be directed to clearly demarcate
where the City's right-of-way boundary is either through the use of construction boundary tape or
other appropriate signage and markings and to inform the property owners through the placement
of the markings where the City's right-of-way boundary is and that specific concerns should be
brought to the staff. Staff should monitor compliance with that safety boundary to ensure there is
no encroachment into the boundary and that the work of the contractor is not impeded.
.
Mayor Bean explained this came about as a result of rumors people may stand in the way of
construction or park vehicles in the way of the construction area. He noted the main concern is
someone will be hurt in the process.
.
REGULAR CITY COUNCIL MINUTES
AUGUST 12, 1996 - PAGE 7
.
Councilmember Shaw inquired how the right-of-way could be delineated when it has not been
de~ermined. City Attorney Coyle eXl?lained the. basis for the City's claim for the right-of-way
eXIsts by statute as well as by the grantIng of the nght-of-way by the State of Minnesota to the City
of Shorewood. The City's obligation is to use the right-of-way consistent with statute and court
precedent for transportation and other valid purposes related to utilities that are consistent with the
use of that right-of-way.
City Administrator Hurm indicated where a property owner questions the City's actual ownership
of the land, the City has indicated they will stay within the street area. Mayor Bean noted that
would be the case unless an easement had been granted to the City, which a number of property
owners have done, or there is a platted statutory right-of-way.
Councilmember McCarty inquired in cases where the City has the 66-foot right-of-way and the
resident is impeding progress what type of action would be taken. City Attorney Coyle noted after
Council authorization, a Court Order would be sought. Attorney Coyle requested authorization to
proceed with obtaining a Court Order should that become necessary and secondly, to direct staff to
mark the boundaries as they understand them based upon the direction given staff by the City
Attorney. Attorney Coyle also asked that staff work with property owners who have a bona fIde
basis to say the right-of-way line is not 66 feet. Mayor Bean stated it is imperative it be made clear
public safety is a priority.
Mayor Bean recessed the meeting at 9:33 p.m. and reconvened at 9:35 p.m.
Councilmember Shaw felt the use of construction tape would prompt a dispute with some property
owners. Mayor Bean noted the tape would be used to simply identify a construction zone,
however, if a problem arises, the police officers will have instructions which define what the limits
are.
.
Councilmember Benson felt this should be discretionary between City staff, the City Engineer and
the contractor. He also felt the tape would be difficult to maintain and some property owners will
be offended by it.
Benson moved, McCarty seconded directing staff that City Engineer Brown and
the Engineering Staff will have authority to establish the construction limits on an
as needed basis and will include the City Attorney in pursuing whatever relief is
necessary to preserve the public safety. Motion passed 5/0.
15 . MAYOR & CITY COUNCIL REPORTS
Councilmember Benson stated in reviewing the prior Work Session Minutes he felt the Council
should address the issue of abandoning the mandatory hook up. He requested this issue be added
to the agenda for the next meeting. City Administrator Hurm noted it is scheduled for
consideration in September. Councilmember Stover added she would like the policy on the corner
lots addressed at the same time. Mayor Bean noted Mr. Svoboda's issue needs to be addressed
prior to September.
City Administrator Hurm noted the two issues to be considered are the location of the hook up and
when the watermain first goes by is it at that point assessable. Mayor Bean stated with respect to
Mr. Svoboda's concern, in terms of where the valve is positioned, City staff should be directed to
place it where it makes sense to Mr. Svoboda and the Engineering staff.
16. ADJOURNMENT
.
.
.
.
REGULAR CITY COUNCIL MINUTES
AUGUST 12, 1996 - PAGE 8
Shaw moved, Benson seconded to adjourn to a Work Study Session at 9:50 p.m. subject to
approval of claims.
RESPECTFULL Y SUBMITTED,
Cheryl Wallat, Recording Secretary
TimeSaver Off Site Secretarial
. '\
ATTEST:
r,
. ./ /J1)~'::>
I.<--~;' "-X./'-A -., ?\" ~~ ,---
II RCiBERT-ji:-BEAN,-MAY6r-
If I C~.
. M'~d .' vvV\..
jAMEfn";-:~-:CITY ADMfNlsTRAToR"---
V