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070901 CC Reg Min " '. , . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 9, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane, Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Administrator Dawson asked that Item 7 A, Cub Foods-Comprehensive Plan, etc., be continued to the July 23, 2001, Regular City Council Meeting Agenda, as requested by the applicant. Engineer Brown also requested Item 9D be removed from the Agenda for this evening. Lizee moved, Turgeon seconded, approving the Agenda as amended. Motion passed 5/0. . Attorney Keane arrived at 7:02 P.M. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes June 25, 2001 Garfunkel moved, Lizee seconded, approving the City Council Regular Meeting Minutes of June 25, 2001, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Approving the Verified Claims List B. A Motion Adopting RESOLUTION NO. 01-039 "Prohibiting Parking along St. Albans Bay Road" Motion passed 5/0. 4. PRESENTATIONS A. Quarterly Report from LMCD representative, Tom Skramstad . '. REGULAR CITY COUNCIL MEETING MINUTES July 9, 2001 Page 2of7 . Mr. Tom Skramstad, Lake Minnetonka Conservation District (LMCD) representative, provided a quarterly update regarding water patrol deputies, lake levels for the year, Eurasian Milfoil harvesting, charter boat meetings, the LMCD web page and budget, shoreline protection, as well as development taking place in the Upland Farms area. He commented the proposed dredging of Six-Mile Creek as part of the Upland Farms development posed serious environmental impacts, and the LMCD would continue to monitor the situation as much as possible. Mayor Love stated he appreciated the report. Further, he hoped the LMCD and the Department of Natural Resources would continue to monitor the development of Upland Farms as he had heard tremendous concern from residents regarding this project. 5. MATTERS FROM THE FLOOR Mr. Judd Mowry, Tonka Bay resident, requested an update on the Glen Road drainage project, as he thought it should be planned in cooperation with the Gideon Glen Restoration project and the County Road 19 Intersection project. Mayor Love explained the drainage issues in the Glen Road area had indeed been discussed by the Council and were being coordinated into the Gideon Glen project. Furthermore, he noted he was concerned with how best to provide more effective drainage and water quality in that area. Engineer Brown then noted he had met with Hennepin County representatives to discuss the County Road 19 Intersection project. He noted the County would not be able to handle the design aspects of the intersection as quickly as needed to keep the project moving forward expediently. Therefore, the City proposed that the design engineers of WSB and Associates, the City's engineering consultant firm, would take over this task in order to maintain schedule. This matter was still pending, however, it seemed as though consensus had been reached at the County level that this could occur. . Mayor Love also stated he looked forward to working with the City of Tonka Bay as well as the owner of the Shorewood Crossings Shopping Center to improve drainage, safety, and aesthetics in that area. Mr. Mowry expressed similar thoughts, noting it would seem to be a "win-win" situation for residents of both cities if cooperative endeavors could prevail. 6. PARKS Commissioner Meyer reported there had not been a meeting of the Park Commission since the last Regular City Council Meeting. However, she noted there would be Grand Opening Ceremony for the Skate Park at the South Shore Community Park on July 14,2001. There would be a ceremony beginning at the South Shore Community Center at 9:00 A.M. Vans would then be shuttling people to the Skate Park for a half-hour demonstration and returning to the South Shore Community Center. In addition, the Grand Opening Ceremony for Eddy Station would take place on July 21, 2001, from 1:00-3:00 P.M. Residents were encouraged to visit Eddy Station and take part in the Ice Cream Social at that time. Mayor Love also noted the Excelsior Fire District's Annual Dance would be held on July 21, 2001, in Excelsior. 7. PLANNING Commissioner Packard reported on the matters considered and actions taken at the July 3, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). . A. Cub Foods - Comprehensive Plan Amendment, Rezoning, Conditional Use Permits, Variances, Preliminary Plat, Right-of-Way Vacation ... ". REGULAR CITY COUNCIL MEETING MINUTES July 9, 2001 Page 3 of7 . Applicant: Shorewood Village Shopping Center, Inc. Location: 23680 State Highway 7 (Shorewood Village Center) Director Nielsen reminded Council the applicant had requested this matter be continued to the July 23, 2001, Regular City Council Meeting Agenda. Zerby moved, Turgeon seconded, continuing this matter to the July 23, 2001, Regular City Council Meeting. Motion passed 4-0-1, with Garfunkel abstaining. B. Petition from Residents for a Street Name Change for Highland Circle Director Nielsen reported the residents of Highland Circle had submitted a petition requesting that the name of their street be changed to Enchanted Cove. He noted this was only the second time in approximately eighteen years a request for a street name change had taken place in the city. Previously, there had been no cost to residents as part of a street name change. Garfunkel moved, Zerby seconded, approving ORDINANCE NO. 372, "An Ordinance Amending Section 901.05 of the Shorewood City Code Providing for the Renaming of Certain Streets in the City of Shorewood." Councilmember Lizee commented she thought it was appropriate to ask the residents of that street to absorb the cost of the new signs. Mr. Jack Kimball was in attendance, and stated he was the spokesperson for the neighborhood group requesting the name change. He replied, in answer to Councilmember Lizee's request, that he did not object to paying for the new street signs; however, he thought it appropriate that a precedent be set for the future and others should have to pay for new signs also. . Councilmember Garfunkel questioned the reason for the requested change. Mr. Kimball explained his street was often confused with other areas in Mound for delivery purposes and Enchanted Cove had a nice nautical sound to it. He stated the residents believed it to be a practical and reasonable request. With the consent of the maker and seconder of the motion, the motion was amended to include the stipulation that residents would absorb the cost of the new street signs. Motion passed 5/0. 8. GENERAL A. Appeal Notice to Remove Appellant: Rodney Wilson Location: 20820 Idlewild Path Director Nielsen explained the background regarding this matter. With the exception of the remaining stumps, the property appeared to be in compliance with Shorewood City Code. Director Nielsen then explained application should be made for a rental-housing license should the property be rented to a non- family member. . Director Nielsen also noted the allegations of discriminatory behavior by the City were absolutely untrue. He then reviewed the procedures used for enforcement of the City's nuisance ordinances. He explained this enforcement was done on a complaint basis only. This meant a member of the community alleged a complaint, and the City had a responsibility to investigate the matter. Law prohibited the City from divulging the identity of the complainant. A Notice to Remove the non-compliant materials was then issued giving the owner ten days to remove the offensive material. The owner could then appeal the issue 4 '. REGULAR CITY COUNCIL MEETING MINUTES July 9, 2001 Page 4 of7 . to the City Council as objectionable or if more time was needed to bring issues into compliance. Director Nielsen noted this system had served the City well over the years. Attorney Keane commented the complaint-driven enforcement process combined with a code enforcement process had been responsive. He noted, in his previous experience, the code process utilized by the City was the only evenhanded, consistent method of enforcing policies. He further noted the City typically does not initiate code enforcement. It was addressed in response to a complaint, and the process used in this case followed the prescribed method of enforcement. In using this process, any property owner had multiple points in the process to involve themselves and Council in effort to remedy the situation. He recommended continuing in this evenhanded and responsive process. Lizee moved, Turgeon seconded, granting a five-day extension to July 16, 2001, for compliance with stump removal. Motion passed 5/0. Staff was directed to follow up on the issue that the property was being rented without a rental-housing license. 9. ENGINEERINGIPUBLIC WORKS A. Update on Glen Road Area Drainage . Engineer Brown explained Mr. Joe Lugowski of 24710 Glen Road, and Mr. and Mr. Brandon of 24735 Glen Road, appeared before the Council in April of this year to discuss drainage issues within the Glen Road neighborhood. Mr. Lugowski expressed concem regarding a private drain tile system extending from the lot opposite his parcel, across Glen Road, and running close to his home. During heavy rains, it was suspected that the drain tile added a significant amount of drainage to the foundation of his home. If the line were obstructed, it would back up and flood the basement. Mr. Lugowski had to hire a contractor on two separate occasions, to clear obstructions from the line. To gain access to the drain tile, permission must be granted from another property owner. In addition, the tile line drains a significant tributary area upstream of the Lugowski parcel. Mr. Lugowski requested the City take over ownership and perpetual maintenance ofthe tile line, since the only access remained outside his property boundary. Engineer Brown noted there were significant drainage issues associated with the Glen Road area, dating back several decades. As recently as 1991, a public hearing had been conducted to gather information from the residents of the area as to whether construction of a ponding and storm sewer system should take place to address these issues. At that time, residents of the area did not accept the project, with many of the key parcel owners unwilling to grant necessary easements for that construction to take place; thus, the project was tabled due to lack of support of the neighborhood. Engineer Brown noted many drain tile systems existed throughout Shorewood. The City would assume a significant amount of liability should it decide to accept that liability as part of Mr. Lugowski's request. Also, policy changes would need to be made so that issues could be addressed uniformly in dealing with similar drain tile systems found all over the City. Engineer Brown also noted Glen Road had been scheduled for a pavement reclamation project for year 2001. He suggested the draft feasibility report be modified to examine the possibility of installation of a storm sewer system along a portion of Glen Road. Also, he noted this change would mean the project would need to be modified from a pavement reclamation project to a full reconstruction of the roadway. In addition, any drainage improvements that benefit areas outside of the public right-of-way would be assessed accordingly. . Mr. Joe Lugowski, 24710 Glen Road, addressed the Council, noting he agreed with Engineer Brown's findings. He also noted he knew attempts had been made to examine the situation previously; however, he did not believe the homeowners should be assessed for the project. REGULAR CITY COUNCIL MEETING MINUTES July 9, 2001 Page S of7 . Councilmember Turgeon stated she thought this problem needed action as it had been previously attempted in the past, and it affected a large area within the City. Mayor Love commented he did not disagree with any comments heard this evening, however, he was concerned with the appropriate course of action to benefit all parties. He stated he would support a petition from residents regarding the project, but opposed having the City bear the burden of cost. Engineer Brown explained he saw efforts to alleviate the problem as twofold. First, the Gideon Glen restoration project would take pressure off the drainage issues of Glen Road; secondly, it would be important to incorporate the stormwater system project in the Glen Road reconstruction project. He also explained it would be a minor revision to the project to determine exact location of the problem areas and hold a public meeting regarding the situation. Councilmember Lizee stated she thought it important to try to incorporate the storm sewer system into the reconstruction projects of Gideon Glen and County Road 19 as well. Director Nielsen also explained a special taxation district had been set up in 1991 to bear the cost of the improvement to storm sewers for the Glen Road area. This special taxation district, allowable in Minnesota Statutes Chapter 444, was an alternative to a special assessment process, and was presented as one option for funding of the project. Councilmember Zerby stated he thought it important not to linger in the past as Engineer Brown had outlined a proposal that might prove beneficial for all parties. . Zerby moved, Turgeon seconded, modifying the draft feasibility report for the Glen Road project to include a storm sewer system evaluation and identify possible sources of funding. Mr. Lugowski stated he appreciated the time and efforts for work already completed in dealing with this matter. Motion passed 5/0. B. Update on Barricades on Reutiman Lane in Freeman Park Engineer Brown reported that the permanent barricades ordered by the Council to be placed on Reutiman Lane in Freeman Park have been a concern for many sports organizations and emergency service providers. After speaking with those groups regarding perceived risks associated with the closure, Engineer Brown recommended the installation of a surmountable curb across the width of Reutiman Lane as well as elevating and paving the pedestrian path. In this way, the emergency response vehicles would still be able to access the lane when needed, and trespassing could be enforced by the South Lake Minnetonka Police Department. Engineer Brown also recommended the temporary measures remain in place until the design for the South Access Closure at Highway 7 to Freeman Park would be completed in fall of 2001. Council agreed. C. Authorization for Expenditure of Funds for Trunk Highways 7/41 Construction Project . Engineer Brown reported the bid opening for this project took place on June 13, 2001. Actual bid tabulations were a bit higher than anticipated in original estimates. Contractors attributed this to the wet ',- '.. . . . REGULAR CITY COUNCIL MEETING MINUTES July 9, 2001 Page 6 of7 spring and having had to adjust priorities to fit demanding schedules. As a result, a revision m expenditures for this project would be required. Lizee moved, Turgeon seconded, authorizing the expenditure of Municipal State Aid funds, as outlined in Funding Breakdown of a memorandum from Engineer Brown and Administrator Dawson to the Mayor and Council dated, July 5, 2001, referencing A Motion Approving Revised Expenditures, etc., contingent upon the Minnesota Department of Transportation executing Cooperative Agreement 81025. Motion passed 5/0. D. Work Plan for Lake Linden Drive This item had been removed from the Agenda for this evening. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson reported the City had met with representatives from the Minnehaha Creek Watershed District to examine the concept plan for that area and evaluate the next step in the process. The Watershed District had proposed $5000 toward the use in the project. 2. Skate Park Administrator Dawson reminded Council that a Grand Opening ceremony would be conducted for the skate park on July 14, 2001, beginning at the South Shore Community Center at 9:00 A.M. and a demonstration would follow at the skate park at 10:30 A.M. that same day. Residents were encouraged to attend. 3. Eddy Station Administrator Dawson also reported there would be a Ice Cream Social from 1:00 P.M. to 3:00 P.M. on July 21, 2001, as part of a Grand Opening Ceremony for Eddy Station. In addition, the Park Foundation encouraged residents to participate in the Buy-A-Brick Patio Program for Eddy Station. More information on this program would be available at the Ice Cream Social. 4. County Road 19 Intersection Engineer Brown reported surveyors from Hennepin County chose to do an aerial survey of the area. More information would be available soon. B. Mayor & City Council 1. Process for City Administrator Performance Review Mayor Love appointed Councilmembers Turgeon and Garfunkel to set this process in motion. Mayor Love also reminded Council there would be an Open House for the Police and Fire Departments with the ability to tour facilities. He noted the significant hail damage sustained by the Police Department and thought it was important to consider the need to properly shelter the emergency response vehicles in storms. ..., ... . . . REGULAR CITY COUNCIL MEETING MINUTES July 9, 2001 Page 70f 7 11. ADJOURN Turgeon moved, Garfunkel seconded, adjourning the Regular City Council Meeting of July 9, 2001, at 8:40 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary , awson, City Administrator Woody Love, Mayor