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061091 CC Reg Min ~ , . CITY OF SHOREWOOD " "R~GULAR CITY COUNCIL MEETING " ... .. MONDAY. JUNE 10. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 . . . M I NUT E S CALL TO ORDER Mayor Brancel called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty and Lewis, City Attorney Froberg, City Engineer Dresel, Planner Nielsen. Absent: City Administrator Hurm REVIEW AGENDA Daugherty moved. Gagne seconded. to approve the agenda with the following corrections: 1. Brancel asked item 17D-1 be removed. 2. Nielsen asked item 12 be postponed until the 28th and that item 8 be tabled until the 28th. Motion carried - 5/0 Daugherty moved, Gagne seconded. to table item no. 8 the Review of the Preliminary Plat of Johnson's First Addition until the 28th. Motion carried - 5/0. APPROVAL OF MINUTES A. Regular City Council Meeting Minutes - May 28, 1991 Gagne moved, Stover seconded to approve the City Council Minutes of May 28. 1991 with the following corrections: 1. Pg. 4 - 5th Par. from bottom - "Dresel said OSM'S contract estimates 15%." 2. Pg. 7 - top of page - "Gagne moved, Stover seconded. to accept the Financial Analysis of Old Market Road Intersection." 1. r '. . CITY OF SHOREWOOD .REGULAR CITY COUNCIL MEETING MONDAY. JUNE 10. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 . 3. Pg. 9 - the motion for assessment should state - "Stover moved. Gagne seconded, to include only the properties included in the S. E. Area Trunk Water System of Shore wood in the area to be assessed for the water treatment plant." Motion carried - 5/0 CONSENT AGENDA RESOLUTION NO. 56-91 RESOLUTION NO. 57-91 RESOLUTION NO. 58-91 Gagne moved, Stover seconded. to approve the following Consent Agenda: A. Adopt RESOLUTION NO. 56-91 "A Resolution Approving Permanent Transfer of Funds Previously Transferred from the General Fund to Park Capital Improvement Fund." B. Adopt RESOLUTION NO. 57-91 "A Resolution Approving Refuse Collector's License - Randy's Sanitation. Inc." C. Adopt RESOLUTION NO. 58-91 "A Resolution Authorizing the City of Shorewood to enter into an Agreement with Minnegasco to Provide Community Energy Services." . Motion carried - 5/0 on a roll call vote. COMMISSION REPORTS: A. PLANNING COMMISSION Councilwoman Stover said the items recommended by the Planning Commission are on the agenda. B. PARK COMMISSION No representative from the Park Commission was present. Councilmember Lewis said he was unable to attend the last Park Commission meeting. 1. Request for South Shore Softball League Tournament June 21 - 23 - Freeman Park Lewis moved. Gagne seconded. to approve the request for South Shore Softball League Tournament. June 21-23 at Freeman Park subject to the conditions established by the Park Commission. Motion carried - 5/0 . ~2 '. . . " . CITY OF SHOREWOOD .REGULAR CITY COUNCIL MEETING MONDAY. JUNE 10. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 PROPOSED RESOLUTION APPROVING THE PRELIMINARY PLAT - THOMPSON ADDITION RESOLUTION NO. 59-91 Applicant: Location: Charles Thompson 5260 St. Albans Bay Rd. Stover said the Planning Commission voted, unanimously, to approve the Thompson Preliminary Plat. Stover moved. Gagne seconded. to adopt RESOLUTION NO. 59-91 "A Resolution Granting Preliminary Plat Approval for Thompson Addition", subject to the Planner reconunendations." Motion carried - 5/0 DIRECT PREPARATION OF RESOLUTION AND FINDINGS OF FACT - SETBACK VARIANCES Applicant: Location: John Einhorn 5580 Howard's Point Road Stover said the Planning Commission unanimously recommended denial of the variances because there was no demonstrated hardship. Brancel asked Nielsen for his comments. He said he would comment later. . JOHN EINHORN - 5580 HOWARD'S POINT ROAD . Einhorn said he has lived at his current address all his life and this request for variance is a once in a life time request. Einhorn said he was lead to believe that his easterly setback could be justified by the application of an average setback, as provided in Section 1201.03 Subd. 3. This section is applied when adjacent homes are closer to the street than allowed by ordinance. At the Planning Commission hearing, Planner Nielsen's report indicated that this section can only be applied when the homes are on the same block. Island View Road separates Einhorn's home from his neighbor and constitutes a block change. Einhorn provided copies of the House Numbering section of the Zoning Ordinance to support his idea that a city street does not constitute a block change. He said the average setback can be applied to his house, using the house at 5530 Island View Road as part of the same block. Einhorn also said the wording of sideyard setback was changed in Nielsen's memo. The side yard setback is 50 ft. on a side yard abutting a public right-of-way and he said Island View is not a public right-of-way. Planner Nielsen stated that there must be a house adjacent to Einhorn for the average setback to apply and Island View separates the houses. If Island View is considered a lot and not a road the setback would be 50 Ft. He said Island View is considered a public street for purposes of setback requirements. ::~; . . . .. . CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEETING MONDAY, JUNE 10, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 Nielsen said he would like to table the discussion of this request, so the staff can respond to Einhorn's presentation. Stover said there was a lengthy discussion at the Planning Commission about what constitutes a street. She said Island View has been used as a road for a long time. She said Nielsen suggested repositioning the house on the lot so that no variances would be required. Stover said the Einhorns want to have a view of the lake and this is not sufficient reason to grant a variance. City Attorney Froberg said he could prepare findings of fact while the staff is researching Einhorn's requests. Stover moved, Gagne seconded, to direct the City Attorney to prepare findings of fact to deny the request for variances for John Einhorn at 5580 Howard's Point Road for consideration by the Council at it's next meeting. Motion carried - 5/0 PETITION OF SHOREWOOD OAKS SUBDIVISION RESOLUTION NO. 63-91 RESOLUTION NO. 64-91 RESOLUTION NO. 65-91 Monique R. Droege presented the petition of the Shorewood Oaks residents for the placement of stop signs on Shorewood Oaks Drive, Maple Leaf Circle, Burlwood court and Oak Leaf Trail and the reduction of the speed limit to 15 MPH. The petition also requests SLOW CHILDREN AT PLAY signs. Droege said there are many small children in the area and cars speed along Shorewood Oaks Drive. It is used as a cut through street to HwY. 7 because a right turn lane is provided on HwY 7. She said if a right turn lane was put in a Church Road, the traffic might be reduced. Brancel said Public Works Director Zdrazil recommended stop signs only at each end of Shorewood Oaks Drive and each end of Oak Leaf Trail. Also, at the intersection of Burlwood Court and Maple Leaf and Shorewood Oak Drive. She said a 15 MPH speed limit will need the approval of the State of Minnesota. The police department said a 15 MPH speed limit is not enforceable. Engineer Dresel said MN/Dot is looking at a turn at Church St. Nielsen said the City can request a speed study of Shorewood Oaks Drive from the State. Stover asked Droege if the residents had requested police patrol of the road. Droege said they had but have not seen the police yet. Droege asked if the city could install CHILDREN AT PLAY signs. Nielsen said these are not effective. Councilmember Daugherty asked the Nielsen if there could be some safety measure introduced until the speed study is done. Councilmember Gagne asked Dresel to ask Mn/Dot if the Church Road turn lane is being considered. 4 . . . . CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEETING MONDAY, JUNE 10, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 Stover moved, Gagne seconded, to adopt RESOLUTION NO. 63-91 "A Resolution requesting the State of Minnesota to do a speed study of Shorewood Oaks Drive. II Motion carried - 5/0 on a roll call vote. Stover moved, Gagne seconded, to adopt RESOLUTION NO. 64-91 "A Resolution directing the placement of Stop Signs at both ends of Oak Leaf Trail and Shorewood Oaks Drive, Maple Leaf Circle at Shorewood Oaks Drive and Burlwood Court and Shorewood Oaks Drive. II Motion carried - 5/0 on a roll call vote. Droege asked the Council how long it will take to do the speed study. Nielsen said it could take several weeks. He said the City and neighborhood can request additional patrols from the police dept. He said this can be very effective. Daugherty moved, Gagne seconded, to adopt RESOLUTION NO. 65-91 "A Resolution requesting two 30 MPH speed limit signs at Maple Leaf Circle and Shorewood Oaks Drive and one sign at Strawberry Lane and Shorewood Oaks Drive. II Motion carried - 5/0 on a roll call vote. REVIEW CITY POLICY ON WATERMAIN ASSESSMENTS RESOLUTION NO. 66-91 AND REVISED ENGINEER'S REPORT ON PINE BEND WATERMAIN EXTENSION Dresel said two residents already had water services available to their houses and did not want to be assessed for the Pine Bend project. He said without these houses the assessment of the Pine Bend_project will rise 20% for the remaining homes. He said the City could pay the additional $8000 out of the water fund. to be replaced when the two homes are hooked up. Stover said this would constitute project hinges on a change in the She asked if a new public hearing in price. Dresel said yes. Daugherty asked if the City could assess the properties for even though they already have access to water. because they project area. Dresel said the City must prove benefit to these residents. cannot assess someone for something they already have. a change in the City's policy and if the water policy it will not get done. will be necessary because of the change the water are in the The City Gagne said this is another discussion on the City's water policy and he wants to have a study session to discuss the problem. He thought the Council had established a policy of majority rule when assessing properties for water. He said the City should take $8000 out of the water fund for the project. r'" ;:) ':' CITY OF SHOREWOOD . REGULAR CITY COUNCIL MEETING MONDAY, JUNE 10, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 . BILL KEELER He said he understood that if 51% of the residents requested the water project, it would be done. He said a 20% increase would be a problem and a public hearing might have to be held. Keeler said the water policy should have been change in 1977 when it was considered. He feels many residents along Howard's Point Road would be in favor of a water system. Gagne moved, Brancel seconded, to adopt RESOLUTION NO. 66-91 "A Resolution Affirming the Order for the Improvement and the Preparation of Plans and Specifications for the Pine Bend project, with the understanding that $8000 will be paid by the City out of the water fund toward the project cost." Motion carried - 3/2 (Stover, Lewis) Branca! and Lewis said another public hearing should be held because of the increase in cost. Gagne and Brancel want to have a study session to discusss the City's water policy. Lewis and Stover did not want the City to subsidize water projects; it sets a precedent. . RESOLUTION AUTHORIZING THE PLACEMENT OF "NO PARKING" SIGNS ON BROMS BOULEVARD (Trunk Highway 7 Frontage Road) Stover moved, Gagne seconded, to adopt RESOLUTION NO. 60-91 "A Resolution Authorizing the Placement of "No Parking" signs on Broms Boulevard. II RESOLUTION 60-91 Motion carried - 5/0 on a roll call vote. Dresel said the cost of the sign would be part of the Waterford III plan. CONSIDER POLICY PROMOTION THE USE OF MATERIALS WITH RECYCLED CONTENT IN PUBLICLY FUNDED CONSTRUCTION AND REMODELING PROJECTS Dresel told the Council that some recycled building materials is poor quality. He asked if OSM will be required_to use all recycled material. Froberg said the City is just encouraging builders to use the material. Gagne moved, Daugherty seconded, to adopt a policy to encourage the use of recycled materials in publicly funded construction and remodeling projects. Motion carried - 5/0 . 6 ~ . . . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JUNE 10, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 PROPOSED RESOLUTION TO ADOPT SOLID WASTE SOURCE REDUCTION PLAN RESOLUTION NO. 61-91 Lewis moved, Daugherty seconded, to adopt RESOLUTION NO. 61-91 I'A Resolution Adopting the Solid Waste Reduction Plan" Motion carried - 5/0 Gagne moved, Brancel seconded, to instruct the attorney to prepare an ordinance requiring property owners to provide recycling opportunities for their tenants. Motion carried - 5/0 PROPOSED RESOLUTION URGING THE RESOLUTION NO. 62-91 HENNEPIN COUNTY BOARD TO ADOPT A LOCAL OPTION SALES TAX Gagne moved. Stover seconded, to adopt RESOLUTION NO. 62-91 "A Resolution Urging the Hennepin County Board to Adopt a Local Option Sales Tax. II Motion carried - 5/0 Stover said the City has no choice in urging the County to do this. Lewis agreed. They both stated that the City would lose State Aid if the sales tax is not adopted and the passage of this law was ridiculous. MATTERS FROM THE FLOOR. There were no matters from the floor. STAFF REPORTS: A. ATTORNEY'S REPORT The attorney had no report. B. ENGINEER'S REPORT The engineer had no report. C. PLANNING DIRECTOR'S REPORT The planner had no report. D. ADMINISTRATOR'S REPORT Nielsen reported for Administrator Hurm. 1. Report on request for Sign Replacement - Amesbury 7 -,' . _ CITY OF SHOREWOOD -REGULAR CITY COUNCIL MEETING MONDAY. JUNE 10. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 . Public Works Director Zdrazil will speak to Mr. Berkley concerning the problem with signage. 2. Report on Public Works Site Improvement Nielsen said the grading is proceeding. Hurm recommends the City postpone building the salt shed until next year and build it in conjunction with the garage. He said there is interest by other communities in the area to share the facility but there hasn't been time to draw up an agreement. Brancel said she talked to Hurm and he felt a needs analysis should be done first. Stover said she does not want to wait another year for the shed. She said the refinishing of the parking lot has had to be delayed until the shed was built and it could take years to work out an agreement with the surrounding cities. She said joint action is a good idea but not when it stops progress. Nielsen said the size of the building is the main concern. A plan drawn up that can be adjusted. . Lewis and Gagne wanted have the discussion when Hurm is present. Gagne wanted to proceed. The Council agreed to delay the discussion until Hurm could attend the meeting. 3. Review memorandum on the Transportation Task Force Regarding Old Market Road Brancel said there is no officially appointed Transportation Task Force. Gagne and Stover said the budgeted amount should not be spent until the intersection is built. Lewis said the Task Force has nothing to consider until the intersection is started. Daugherty said he thought the task force would start when the bond purchase agreement was signed. Brancel said she checked the minutes and it said when the intersection is in. Lewis said he thought the Task Force input should be in before the intersection is done. He also said the money is ear marked for a traffic study in a particular area (Old Market Road) . BREAK 9:00 - 9:10 . Lewis said the traffic study should be done when Mn/Dot approves the intersection. Brancel said she would like to discuss the subject at the next meeting when Hurm is present 8 .< . . . CITY OF SHOREWOOD ~EGULAR CITY COUNCIL MEETING MONDAY, JUNE 10, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 Lewis asked the Council to approve the list of Task Force members. He said there is a group of people who will be adversely affected by this project. Stover said she thought other residents of the area are affected by the intersection, not just Old Market Road. She wanted more people involved in the Task Force. Nielsen said the Task Force was established to study the Old Market Road intersection. He said the Council should agree on the objectives and members. Lewis moved. Gagne seconded. to approve the members of the Transportation Task Force: 1. Jim Berdahl. 19205 Waterford Place 2. Harold Ness. 19605 Vine Ridge Road 3. David Dean. 5690 Old Market Road 4. Bob Snyder, 19855 Chartwell Hill and to set the starting date when Mn/Dot approves the intersection. Motion carried - 5/0 4. Schedule of Interviews for Consulting Services Nielsen said the committee has reviewed the Engineering firms and has reduced the firms to three. They will interview each firm and can videotape them for the Councilmembers. He said if two or more Councilmembers attend the interviews it will constitute a meeting. Daugherty and Gagne thought the Council would interview the final three. Lewis wanted a joint interview with the Council. The Council agreed to have a joint interview with the committee. COUNCIL REPORTS. A. MAYOR BRANCEL 1. Work sessions on Capital Improvements/Water Policy The Council agreed to set Wednesday, June 19, 1991 at 7:00 P.M. and Monday, July 15, 1991 as study sessions. Brancel showed the Council the Shoreview logo, it is similar to Shorewood's and asked if they objected. The Council did not object. 9 . CITY OF SHOREWOOD 'REGULAR CITY COUNCIL MEETING MONDAY, JUNE 10, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 . B. COUNCILMEMBER GAGNE Gagne said a League of Cities article discussed ways of securing City investments. He asked who handled this for the City. Nielsen said Finance Director Rolek was responsible for investments. C. COUNCILMEMBER STOVER No report D. COUNCILMEMBER LEWIS No report. E. COUNCILMEMBER DAUGHERTY No report. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Lewis moved, Gagne seconded, to adjourn the meeting at 9:43 P.M. . GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since May 20, 1991 Check No. 6844-6888 LIQUOR $ 38,424.39 TOTAL CHECKS ISSUED GENERAL $ 16,912.638 $ 55,337.02 Checks for Council approval Checks No. 6889-6928 TOTAL CHECKS FOR APPROVAL $ 29,214.47 TOTAL CHECK APPROVAL LIST $ 84,551.49 CHECK REGISTER FOR JUNE 4, 1991 PAYROLL Checks no. 205180/205218 . :1.0 I,:" .11 - . CITY OF SHOREWOOD . " (REGULAR CITY COUNCIL MEETING MONDAY. JUNE 10. 1991 . LIQUOR $3,069.88 . . RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary 1.1 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 11 GENERAL $13,378.88 TOTAL CHECKS ISSUED $16,488.76 v