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092490 CC Reg Min CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 . M I NUT E S CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Haugen, Councilmembers Gagne, Stover, Brancel and City Attorney Froberg, City Planner Nielsen, City Finance Director Rolek, City Engineer Norton. Absent: Councilmember Watten REVIEW AGENDA Planner Nielsen made the following corrections to the agenda: 1. 2. . 3. 4. 5. 6. 7. Add Approval of Minutes. Delete item 13 C-1 and 13 D Item 4 is not a resolution. Item 6 B. should read: "Public Hearing on the Ordinance Establishing a Glen Road SubWatershed District". Item 6 D should read: "Consider a Resolution Accepting the Feasibility Report and Calling for a Public Hearing on the Proposed Project." for Glen Road. Item 7 should read: "Resolution Ordering a Report on the Feasibility of Certain Drainage Improvements for Shady Hills" Item 9B should read: "Resolution Ordering a Feasibility Report for the Public Improvements." for Waterford III. Brancel moved, Gagne seconded, to accept the agenda as revised. Motion carried - 4/0. APPROVAL OF MINUTES REGULAR COUNCIL MEETING MINUTES SEPT. 10, 1990 Gagne moved, Stover seconded, to approval the Council Meeting Minutes of Sept. 10th with the following corrections: . 1. P. 14 - Council Reports - Brancel stated that she originally requested the Freeman Park expenses on June 7th. 2. P. 11 - Resolution 102-90 should read: "A Resolution Authorizing the Placement of "No Parking" Signs on One Side of the Road on Boulder Bridge Drive" until Sept. 29, 1990. Motion carried - 4/0. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 . COUNCIL HEARING MINUTES SEPT. 12, 1990 Gagne moved. Brancel seconded. to approve the Council Hearing Minutes of Sept. 12th with the following corrections: 1. P. 3. Stover wanted to clarify; the Shady Hills residents paid for their water system at the time of installation. 2. P. 8. Paragraph 3. Stover wanted to clarify that her statement that "no one wants water" means no one who currently has their own system wants to pay for City water too. Paragraph 4, Brancel wanted to indicate that she has not decided on the payment method for the water treatment plant. Paragraph 10, priorities misspelled. Motion carried - 4/0 CITY COUNCIL WORKSHOP MINUTES OF SEPT. 17, 1990 Brancel moved, Gagne seconded, to approve the City Council Workshop Minutes of Sept. 17th with one correction: . 1. P. 5 Brancel said that Step 1 of the starting pay was not low enough. Motion carried - 4/0. CONSENT AGENDA Stover moved. Gagne seconded. to approve the following Consent Agenda. RESOLUTION NO. 104-90 A. To adopt RESOLUTION NO. 104-90. "A RESOLUTION approving a Polling Place for Precinct 4 for the General Election." B. To approve the Plans and Specifications for the 1990 Televising and Sewer Rehabilitation and Calling For Bids. Motion carried - 4/0 on a roll call vote. Mayor Haugen explained that Precinct 4 is on Enchanted Island and usually a resident of the Island offers his house for a polling place. This year Bob Rascop has agreed to do this. COMMISSION REPORTS: A. PLANNING COMMISSION .i Stover said there was no Planning Commission Meeting. B. PARK COMMISSION There was no Park Commission Meeting. ..:} CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 . Brancel asked about the Freeman Park Little League Field. She talked to the Tonka Men's Club and they are confused. They want to know if they can proceed with their plans. Stover said approval was given by the Council. Nielsen said he would contact them. PETITION FOR STREET VACATION APPLICANT: LARRY SCHMIDT LOCATION: SUMMIT AVENUE Haugen stated that Mr. Schmidt is requesting that the City vacate 15 feet of Summit Ave. which adjoins his property at 23113 Summit Ave. Schmidt explains that the street is unusually wide (80 ft.) and that vacating the 15 feet would allow him to avoid or minimize any variance he may need for an addition. The City Planner and Engineer recommend approval of this request with the stipulation that the City maintain easements for drainage and utilities over the r.o.w. . Stover asked if the property owners across the street can be part of this petition, if they desired. Nielsen said they would need a separate petition; the current petition will be published for a Public Hearing in the next two issues of the paper. Haugen asked if the City could suggest this to the owners. Nielsen felt the City should wait to see if the owners are interested. Gagne asked if we were establishing another irregular road right-of- way and said the City should not vacate the right-of-way if we are. Stover moved, Gagne seconded, to call a Public Hearing for Partial Street Vacation on Summit Ave. on Oct. 22, 1990. Motion carried - 3/1 (Gagne) on a roll call vote. FINAL PLAT - BOWMAN ADDITION APPLICANT: RICHARD BOWMAN LOCATION: 20025 MANOR ROAD . George Stickney represented Mr. Bowman. He said the development agreement has not been signed but should be within the next week. Nothing else has changed. All other provisions have been met. Attorney Froberg said the development agreement is usually attached to the Resolution approving the final plat. There are many issues involved in this development agreement and they must be resolved with Deephaven. Froberg said there should be no final plat approval without the development agreement being completed. Stickey wanted final approval subject to the approval of the development agreement; his client wanted to proceed with the sale of one five acre portion of the property. Haugen said the Attorney disagreed with this approach. ~ . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 Gagne said they have run into this before and the City is usually left hanging. Froberg said the development agreement will be ready for the next City Council meeting. Gagne moved. Brancel seconded. to table the Final Plat Approval for the Bowman Addition until the Development Agreement is completed. Motion carried - 4/0. STAFF REPORTS: CITY ATTORNEY'S REPORTS - ITEM 13 A-1 1. ADVERTISING SIGN, RAPID OIL CHANGE The advertising sign at Rapid Oil Change will come down by October 6, 1990, according to a letter from Marvin Licgt, attorney representing Naegele Outdoor Advertising Sign Co. 2. UPDATE ON PUBLIC WORKS SITE ACQUISITION The abstracts were reviewed on the Cross property and the title work completed. There is an easement on the parcel to be obtained by the City in favor of the parcel retained by Mr. Cross. Froberg wants this easement released. Mr. Cross has agreed to release it. However, there is a mortgage on the property and it is necessary to have the approval of the mortgage company. Release of the easement is holding up the acquisition. Stover asked how long this will take. Froberg said they have been given until October 26, 1990. CITY ENGINEER 2. LIFT STATION REPAIRS Engineer Norton said he has set up a meeting with Bob Freegard and Bob Polston to look at the lift stations and give an estimate on replacing them with wet wells. 8:00 P.M. PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE ESTABLISHING A SPECIAL TAXING DISTRICT FOR THE GLEN ROAD SUBWATERSHED. Mayor Haugen called the Public Hearing to order at 8:00 P.M. A. PRESENTATION OF THE FEASIBILITY REPORT - ENGINEER NORTON Norton presented a history of the Glen Road drainage problem. He said the area has been flooding for a long time. In 1978 the City installed pumps at Cty Rd. 19 and Glen Road. There are two cities (Tonka Bay and Shorewood) involved, the Hennepin County Regional Railroad Authority, and the Minnehaha Creek Watershed District. The Cities petitioned the Minnehaha Creek Watershed District for a feasibility study in 1988. 4 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 . In June of 1988 Eugene A. Hickok & Associates did an Hydrolic Analysis. They recommended two alternatives. . . 1. A ponding system. Three in Shorewood and one in Tonka Bay; or, 2. A pipe discharge system to Lake Minnetonka. The ponding system was decided upon. The City of Shorewood sent out easements based on topographical information from 1966. The Watershed District asked for new topographical information. The City Council authorized the Engineer to survey the area and the information was turned over to the Watershed District's Engineers. J. M. Montgomery. They prepared an addendum to the original report. The report was not significantly different. but suggested two ponds instead of three. FEASIBILITY REPORT Norton reviewed the Feasibility Report and Cost Estimate. prepared by Orr Schelen Mayeron and Associates. This area has flooded frequently and many trees have been lost. The proposal includes dredging two ponds. construct a storm sewer and piping between the ponds and a skimming structure for the pond outlet. Pond two will be designed to handle a 100 year critical event storm. The construction would commence this year and be completed by July of 1991. Many residents have questioned the environmental impact of this proposal. A large number of trees will have to be removed. The City has held discussions with the Watershed District about a compromise proposal so that the area will not be devastated. The ponds would not be as deep. so the trees will not be affected. However, at this time, the Watershed Engineer wants to continue with the original plan. He feels the two ponds will consolidate the small ponds that exist now. The City is still continuing talks with the District. The proposal will cost $150,000 but this figure does not include the cost of easement acquisition for ponding and construction access. The project will be funded by a Special Taxing District. Haugen asked why the one lot on Smithtown Road was not included in the Taxing District. Norton said it has a catch basin which drains away from the area. Brancel asked if Pond one was behind the Town Property. Norton said yes. He also said an easement would be required for this pond even though there would be no construction. Brancel asked what happened to the, pond that Town Properties was suppose to add. Norton said the Town project was constructed at the time the first report was being done. The developers were told they did not have to add one at the time but they might have to add one later. Nielsen said the easement for the pond is on the property. Norton said that if Pond 2 is not excavated, the water will rise very close to the Livingston property. He felt that additional effort should be put forth to reach a compromise with the Watershed District. Haugen said she contacted a member of the Watershed Board and there will be a meeting the second week of October. Haugen said the Watershed District is being very rigid on this. Stover asked what Norton was considering as a compromise. c- , I CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 ~ Norton said pond 2 would be larger. The water would have to be kept away from the houses. Norton did not want to mislead anyone into thinking there would be no excavation. He also said Pond 3 could be enhanced, close to Glen Road. The 12" discharge pipe would go under HwY 19 and then drain off to the lake. Stover asked if this compromise program would keep the water out of resident's homes. Norton said yes. Gagne said he received a letter from a resident stating that he didn't have any water problem. Gagne said he has lived here since 1961 and there have been many water problems. When the Town project was added, the problem became worse. A neighbor requested that the City do something before they were inundated and that is how this process started. He said there are people in the audience that have been involved in this process from the beginning. B. PUBLIC HEARING JOHN DENNIS - OWNER OF APARTMENT BUILDING ." Mr. Dennis said the first Minnehaha Creek Watershed District report was drastically inaccurate. Pond 3 has enough water in it for a 30" culvert. The lower part of the pond does not hold much water because of the 12" drain. He has cleaned out a lot of debris from this pond and the adjacent ditch. He does not want a swamp around the apartment building. Dennis said someone should come out and look at the upper part of pond three; it sometimes holds 2 ft. of water. STEVE PAHL Mr. Pahl said he thought there was a creek that ran through the Glen Road area but it had been blocked by the debris that NSP deposits. Pahl felt the City should take a look at the former natural flow of the water in the area. Haugen said they are trying to do that. Norton said the north and south portions of Pond 3 would be excavated to make one pond. Haugen asked if there were members of the audience who wished to make any comments. . BRIAN MAHAN - 5670 CHRISTOPHER ROAD The notice he received on Friday was the first time he had heard of the Glen Road Project. He is involved in Real Estate development and believes community input is valuable. He has lived here about one year and enjoys the wildlife. Mr. Mahan asked if the project was motivated by a developer, looking for a subsidy. If this is a lack of planning by the City, then it should be part of the City Capital Improvement Project. Usually a developer is responsible for handling all water drainage in his area. Gagne stated that the Christopher Road development started this project. The people behind the development did not want to have water dumped on them. The City then decided to study the area. Mahan then said there was inadequate planning by the City. He also wanted to know why ICO, Weststar Drive and the area north of Glen Rd. were omitted from the taxing district. 1-, CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 1It Mr. Dennis said that ponds were properly put in but having 15 ponds in an area is not appropriate. Mahan asked if there would be lift stations and what other maintenance would be required. Norton said there would no lift stations and no cost for maintenance other than clearing the ponds. Mahan questioned the cost of easements, rate of finance and the terms. C. CONSIDER ORDINANCE ESTABLISHING THE DISTRICT . Attorney Froberg said this hearing is to consider the establishment of a Storm Sewer District. It is to determine whether or not the properties included in the proposed district are actually affected. At the close of the Public Hearing, the Council will approve the boundaries of the district, if they feel the residents in the district are affected by the drainage problem. This proposed district is a subwatershed having one common drainage problem. Additional public hearings would be necessary to spend money for the improvement or levY taxes. The next step would be to accept the feasibility study or some other alternatives to the feasibility report. A second public hearing would be necessary to proceed with the project. A third hearing would be necessary to determine the individual taxes to be levied. The tax is determined on an Ad Valorem basis. The total tax capacity of the subwatershed district is taken into consideration and each parcel is allotted a share based on the value of the parcel. The assessment is not based on a benefit to the property. Haugen said the legislature has ruled that in the case of a storm sewer improvement district the taxes must be based on the value. Nielsen said the City Administrator has put together some very preliminary figures on the tax per parcel. 10 years 15 years $550.00 per year per parcel $421.00 per year per parcel The cost of acquiring easements could raise these prices by 50%. Nielsen said the staff's recommendations are to try to convince the Watershed District to allow a more natural flow through the ponds. This would be more environmentally sound and could cost less. DEBRA ROSS-FARRELL - 24695 Glen Road . Mrs. Ross-Farrell has lived at her present address for two years. She said there has been no standing water on her property. She also said the previous owners assured her that there were only two times they had water problems; when the City installed the sewer and when the house on Lot 16 was built. Both times drain tiles were broken. Mrs. Ross-Farrell wanted to know if the amount of the easement can be subtracted from the tax basis of her house. Froberg said that depends on the value the assessor places on the house with an easement. The assessor looks at comparables and then decides if the house has been devalued. -, CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 . Mrs. Ross-Farrell said she has talked with neighbors and many have said the improvements will benefit the area and improve the value of her home. Mrs. Ross-Farrell questioned this. She stated that 2/3 of an acre of her property would be taken, a fence and many large maple trees. She asked how this would increase the value of her home? Froberg said it may not increase the value. However, in a storm sewer project it is impossible to assign benefit for each property; so the best interests of the entire district have to be weighted. Mrs. Ross-Farrell asked who is responsible for and liable for accidents and if the pond would be fenced. Froberg said the City would be responsible for maintenance of the pond and responsible for accidents if the City is negligent. Norton said the pond would not be fenced. Ross-Farrell said there is $3000 escrowed for a pond from the Ecoff Development. Stover asked how deep Pond two would be. Norton said 4 1/2 ft. Mr. Dennis said the pond now drys up in two days. . . JOHN PLONSKY - 24680 SMITHTOWN ROAD Mr. Plonsky felt that there should be more discussion about this project before any decision is made. He said the City Council has made many decisions that have affected this drainage problem. He specifically mentioned: Shorewood Place, the Legion Club and Moore's Auto which have a lot of asphalt surface that contribute to the run-off. Plonsky asked what would happen when the area north of the Tom Thumb is developed and more asphalt is added? These businesses were approved by the City. The Chrisopher Road development now encompasses 10 homes where there used to be one. Mr. Plonsky would like to see an end to the destruction of the land. He said that it is unfair and unjust to have a small portion of the citizens pay for a problem that was created by poor planning by the City. He said the people don't know the total environmental impact, not to mention the economic impact. He said it is time to draw the line against discriminatory taxation. Gagne said that people buy lots and, if they want to develop their property, he wi 11 not prevent them from doing this; however, he can tell them they cannot drain more water off their property than is currently draining. There is more than one side to this situation. Stover said this drainage topic came up as a request from the residents of the Glen Road area about 3 - 4 years ago. Most of these people have now moved. The City did not initiate this project. JIM QUAST - 24800 SMITHTOWN RD. Mr. Quast has lived in the area for 17 years and has left his 3 acres in a natural state to absorb the water. When Christopher Road was built Mr. Quast and his neighbors told the City Council that there would be drainage problem. He doesn't feel that the area residents should pay for this project. DON KEITH - OWNER OF TOM THUMB Q CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 '. Mr. Keith said the Minnetonka Plaza Shopping Center has contributed to the run-off problem for many years. He would like to know if there 1S any way Tonka Bay can be made to help pay for this project. Gagne said the reason Shorewood involved the Watershed District was because there is a problem between municipalities. However, Tonka Bay has told Shorewood they have no funds to contribute to the project. Haugen said Tonka Bay has run a pipe across Manitou Park and said this would solve most of the problem. ROGER FISHBACH - 24885 GLEN ROAD Mr. Fishbach said that, 15 years ago, when the house was built on lot 16, the water started to flow into his basement. That area had been a natural pond. The drain tiles on that piece of property were destroyed. He said that no one in the area had this kind of project in mind when they first contacted the City. Mr. Fishbach said the City should check the area for drain tiles that have been destroyed. Gagne said there were many drain tiles in the area but there are not the same rules as there are on farm land. Norton said the City does not know the locations of the drain tiles in Shorewood. Many of the tiles were put in before the lots were platted. Now the builders are required to replace any drain tiles that are destroyed during building. . BILL SMITH - 5770 GRANT LORENZ Mr. Smith wanted to know if Minnetonka has guidelines for the quality of the water run-off. BOB RASCOP - SHOREWOOD REPRESENTATIVE TO THE LMCD. Mr. Rascop said the LMCD is currently negotiating with the Minnehaha Creek Watershed District to improve the quality of the water run-off. Currently the Watershed District is only concerned with the volume of run-off. The LMCD is trying to change this. Norton said the outlets on the pipes in the project have skimming devices. These were suggested by the Watershed District DAVE LITTLEFIELD - 24775 GLEN ROAD Mr. Littlefield has been involved in this project for a long time. He stated that Pond 2 does exist. Anyone who thinks it does not has not lived there long enough. It exists because a drain tile was destroyed. Mr. Littlefield said he decided to take positive steps to see that the Pond was drained and he only saw two solutions: 1. Each resident could have pond in their yard. 2. The residents could look for a long-term solution to the problem. Many of the people who started this problem have moved away. He said the City should do something right and finish this project. . CHUCK FARRELL Mr. Farrell does not want th~ project. He will lose 2/3 of an acre and the excavation will take out many of his trees. The people he purchased the property from were very involved in the drainage o . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 problem. However, he has seen no water problem since he purchased the property. Mr. Farrell wanted to know if the drainage project was proposed in order to stop the Town property from being developed. Haugen said the project was proposed before Mr. Town decided to divide his property. DAVE LITTLEFIELD Mr. Littlefield wants to use a natural approach to the drainage. He said he saw many trees destroyed because of standing water and does not want the area to become a wasteland. However, he does not want this to distract from a long term solution. JOHN DENNIS - APARTMENT OWNER Mr. Dennis did not know there were tile lines. The lower part of Pond 3 does not get enough water to fill the 12" pipe going across Cty. Rd. 19. He would like to see new culverts and the land left natural. This would be less costly. Dennis said he has a waiting list of tenants for the side of his building that overlooks the woods. Haugen said the City's proposal to the Watershed District will ask for less excavation and the preservati~n ~f the tr"ees. She does not want to see trees cut down. Haugen has asked the Planning Commission to look into an Ordinance concerning tree cutting by developers. The public hearing was closed at 9:40. D. CONSIDER RESOLUTION CALLING FOR A PUBLIC HEARING ON THE FEASIBILITY OF THE PROPOSED PROJECT. Stover suggested the Council table the Resolution until the Mayor meets with the Minnehaha Creek Watershed District. Gagne felt this project had already gone on too long and wanted an exact date for the meeting. Haugen said the meeting should be the second week of October. Stover moved, Gagne seconded. to table the discussion of the Resolution until the October 22. 1990, City Council meeting. Motion carried - 4/0 STEVE PAHL - 24860 SMITHTOWN ROAD Mr. Pahl wanted the Council to investigate two things: 1. Take a survey of the residents to see who has water in their basements. 2. The heights of the natural water drainage. Many people did not have problem until the sewer was installed. 1~ . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 11 Haugen said the City Engineer can be instructed to check on this. Gagne said that many people have been involved in this for a long time and something must be done. RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT ON THE SHADY HILLS DRAINAGE SYSTEM. RESOLUTION NO. 105-90 On October 8, 1990 there will be a Public Hearing to establish a Shady Hills Subwatershed District. Stover moved. Brancel seconded. to adopt RESOLUTION NO. 105-90. "A Resolution Ordering Preparation of a Feasibility Report on the Shady Hills Drainage System. II Motion carried - 4/0 on a roll call vote. PUBLIC INQUIRY - USE OF HCRRA TRAIL BY HORSES PETITIONER: KEITH BETTES - 5595 EUREKA RD. Mr. Bettes said he recently purchased his property with the understanding that horseback riding was allowed in Shorewood. The Sept. 5th article in the Sailor said horseback riding was not allowed on the HCRRA trail. He would like to know why it is not allowed. There are no postings or designation as a City recreational area. Haugen said the Park Commission usually advises the Council about these things. Bettes said the Park Director never said anything to him about this. How is the public notified about this? Stover said this came up at a Park Commission meeting. Gagne said the trail became part of the Park system when it was developed. The Park Commission has banned riding on recreational land and Parks. Bettes said the use of horses in Shorewood is minimal and he would like to have the Council approve horseback riding on the trail. Haugen said he should go to the Park Commission. Bettes said Sue Niccum, Park Director, told him to come to the Counci I . RENEE FOSTER Ms. Foster said she is the one who rides the horse. She said Excelsior and Victoria allow access to the trail. Haugen said she has no problem with this. Stover said the Park Commission should handle this. Nielsen said the Park Commission told Sue Niccum to put the article in the paper and so the Staff felt they had made their ideas known. Any further discussion should be before the City Council. Stover felt there should be a difference between a trail and a Park. LUTHER HAZEY - BURNET REALTY John and Kathy Heywood owned the property for 14 years and had used the trail for riding after it was abandoned by the railroad. He would like to see the trail available for riders. " 1 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 12 . Brancel said that the trail was not previously a walking and biking trail. Brancel moved, Gagne seconded, to allow horses to ride on the Hennepin County Light Rail Transit Trail. Gagne said he will vote for this but would like some Council support for allowing snowmobiles to use the trail in the winter. Stover felt there should be a difference between motorized and non- motorized vehicles. She wanted to know how the subject came to the Council's attention. Nielsen read from the Park Commission minutes of Aug. 28, 1990. They received a complaint from a resident concerning horse droppings on the trail. The Park Commission then told Niccum to place the article in the Sailor. ED VOGT - GRANT LORENZ ROAD Mr. Vogt said he would not mind horses on the trail but he wants them to clean up. He said there are more walkers than riders. Brancel said she would like to encourage the residents to clean up after their horses but knows this would be impossible to enforce. KATHLEEN RILEY . Ms. Riley said she used to live here. She said outside riders do use the trail and would not clean up after horses. Gagne said the trail should be used by everyone, including snowmobilers. GARY AND MAUREEN CARLSON - 3831 W. 62ND ST. CHANHASSEN They have lived there for twenty three years. The trail runs next to his house. He does not object to any use of the trail. He feels it should be open to all residents. Any use of it is alright with him. He commended the City Council for all the work they do. Haugen said she was grateful to hear his comments. Motion carried - 3/1 (Gagne). . WATERFORD III ~ ESCROW AGREEMENT FOR PREPARATION OF RESOLUTION NO. 106-90 PLANS AND SPECIFICATIONS FOR PUBLIC IMPROVEMENTS. Froberg said this provides for an interim letter of credit or cash escrow by the Developer. Haugen asked what would happen if the City backed out of the agreement before Dec. 1, 1990. Froberg said the City is bound by the terms because it has already signed the agreement. Gagne asked what Froberg recommends for the letter of credit/cash escrow amount. Froberg recommended $75,000, the full amount of the expenses expected to be incurred. i~ 4It 4It 4It CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 13 George Sherman - Sherman-Boosalis Inc. Mr. Sherman said there is a lot of work to be done, beyond the intersection. The City just received approval by the State for funds for the service road work, however, the money must be spent by June 30, 1991. Sherman felt this will be hard to do unless the project is commenced now. He felt the City and Sherman-Boosalis should share the risk 50-50. If the City wants a 100% guarantee, then he would suggest waiting until Dec. 1. He said this is not his idea of a fair share of the risk. Nielsen said Mn/Dot has approved $200,000 for service roads for the Waterford intersection. This will be a tight schedule to spend this money by June 30th. Stover moved, Gagne seconded, to adopt RESOLUTION NO. 106-90. itA Resolution Approving an Agreement for Cash Escrow/Letter of Credit for the Waterford Third Phase T.I.F,1t in the amount of $37,500.00. Gagne said this has been a 5 or 6 year process. The City has always shared the cost of this on a 50-50 basis. Stover said government moves slowly and she would like to keep this moving. The entire letter of credit will be available Dec. 1. Haugen said she would like to listen to the Attorney. Sherman said all the money will be available Dec. 1. If your intent is to avoid risk, then wait until Dec. 1. If the City wants to take advantage of the $200,000, then they should be willing to take some risk. Froberg asked Sherman if he had signed the development agreement yet, whereupon Sherman submitted the signed document. Haugen asked Froberg if the signature of the agreement would change his mind. Froberg said no. Nielsen said the TIF plan does not rely on the $200,000 grant. However, the extra TIF money could, then, be put toward the water treatment plant. He felt the City should not overlook the money. Stover did not want to turn away the money. Brancel did not want to turn away the state aid, especially if the extra TIF money could be used for water treatment. Haugen wanted to enter into an agreement with developer to put up $37,500 whereby he would agree to reimburse the City for expenses it would incur should the project not be completed. The Developer would receive his money back should the City decide not to complete the project. Froberg said the City cannot decide not to complete the project. The City is committed. The City would have no security beyond the $37,500. Sherman reiterated his position that if the City wants no risk they should wait until Dec. 1. There will be $70,000 worth of plans and specifications as security. Gagne said the intersection will be there whether Sherman is there or not. 1~ . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 14 Brancel reminded the Council that they had told the residents the starting date would be Dec. 1. Sherman wants to coordinate with the City when the construction phase begins. He also requests that. if the debt service is reduced. the letter of credit he is providing be reduced. Stover and Gagne agreed that there would be no problem with reducing the letter of credit under those circumstances. Motion carried - 3/1 (Brancel) on a roll call vote. ~ RESOLUTION ORDERING FEASIBILITY REPORT FOR THE PUBLIC IMPROVEMENTS RESOLUTION NO. 107-90 Gagne moved, Brancel seconded, to adopt RESOLUTION NO. 107-90. "A Resolution Ordering Preparation of a Feasibility Report on Public Improvements, Waterford Third Phase." Motion carried - 4/0 on a roll call vote. C. PETITION FOR INTERNAL IMPROVEMENTS. WATERFORD THIRD PHASE Sherman said Trivesco has not signed the petition. Froberg said the Council will need to see the petition before they can pass a resolution. Brancel moved. Gagne seconded. to table the petition for pUblic improvements until Oct. 8th. Motion carried - 4/0. REVIEW FEASIBILITY REPORT ON CHURCH ROAD IMPROVEMENTS. RESOLUTION NO. 108-90 Norton said this is a preliminary feasibility report. Gagne asked for the bottom line figure. Norton said the total cost would be $10.000 per household. The soil is questionable; the same type of problem as Shorewood Oaks. A French Drain tile system was used in Shorewood Oaks. This will not be possible on Church Road. The area is very flat and the water drains under the walking trail. A large portion of the project cost is the road. Nielsen said the total for water alone in Shorewood Oaks was $6.300 and Waterford assessments totaled $18.000. Haugen asked about lot 38. Norton said this was owned by Mr. Dale Johanson. It has been identified as an area for a cul-de-sac. The watermain passes his house. Gagne moved, Stover seconded, to accept RESOLUTION NO. 108-90. "A Resolution Receiving The Feasibility Report and Calling for a Public Hearing on Church Road Improvements." on Nov. 19. 1990 at 8:00 P.M. With a Total Cost of $137.930. 111 . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 15 Motion carried - 4/0 on a roll call vote. REVIEW COMMENTS FROM PUBLIC HEARING ON WATER TREATMENT PLANT Haugen said she thought most residents wanted the iron removal treatment but did not want the water softened. They also wanted to increase the water rate to pay for the treatment. Gagne said everyone. except two. wanted something done. He asked whether there would be a savings if the City softened the water. Norton said there would be economy of scale. Haugen said that water is a City obligation. She would prefer the treatment be paid for by T.I.F. Gagne agrees with this. He wants to know how to proceed. He was dissatisfied with the presentation of the report by Noel Vogen. Haugen said the Council had two bids presented and, as usual, took the lowest bid for the study. Gagne said he, initially, wanted to get a reasonable cost. Haugen asked if he wanted to go back to the City Engineer. Gagne said yes. Stover said she was also uncomfortable with the information. Haugen wanted to know how the residents would get unsoftened water. Norton said the residents should not drink softened water. Tonka Bay does not soften down to zero hardness in their City water system, which a home softener does. Stover asked if there had to be a softener pond. Norton said there does not have to be one. Gagne wanted to know if Norton could give figures on the cost of individual home softeners vs a City water softener. Norton said these numbers could be generated. Haugen wanted to know if the residents could wait until the TIF money is available. Gagne said they probably could but he wants to be sure the project is kept moving. Stover wanted to know when the TIF money would be available to pay bonds? Finance Director Rolek said revenues will begin in 1993. Rolek said the TIF plan can be amended to include the water treatment. Stover said that the City would then spend money in 1991 and 1992. Rolek said the City would bond ahead for the improvements and redeem the bonds as TIF income is received. Gagne asked if the City is in limbo. Stover asked if the water treatment study is final. Froberg said the City is not required to accept the study. If you accept the feasibility study then the work is done with that engineer. Haugen said if the Council wanted to go with the City Engineer then they should have done this from the beginning. She is angry because this has been done several times. Gagne wants to know if the addition of a softener will make the building larger. He does not think the money was wasted. Brancel said the City should go with the current study. The money has been paid and the residents did not object. Brancel said she asked Administrator Whittaker to obtain the costs of the water system in Tonka Bay but did not receive them. Brancel moved. Haugen seconded. to adopt "A Resolution Accepting the Feasibility Study on Iron Removal in the Southeast Water Area. II 1~ . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 16 Motion failed - 2/2 (Brancel and Haugen aye. Stover and Gagne nay) on a roll call vote. Gagne stated that he originally wanted to use Associated Consultants because they were less expensive. However, now that he has a preliminary cost, he feels another, more extensive, study should be done. He didn't feel Mr. Vogen presented the material well and inaccurate information was presented. BREAK Stover asked Norton if he could review the plans. Norton said this is not normally done. Stover moved. Gagne seconded. to adopt "A Resolution ordering the City Engineer to prepare a Feasibility Report on the Water Treatment System in the Southeast Water Area." Motion failed - 2/2 (Brancel and Haugen nay. Stover and Gagne. aye) on a roll call vote. The Council agreed to reconsider the report when Councilmember Watten is present. MATTERS FROM THE FLOOR. None STAFF REPORTS A. CITY ENGINEER 1. GRANT LORENZ DRAINAGE. The original intention of the project was to clean out the ditch. If this is the only problem that is addressed, then the problem is just moved downstream. The City has to make sure the drainway is open to receive the additional water. Public Works Director Zdrazil said the area of Noble Rd. floods to Edgewood and the entire area needs to be cleaned out. Gagne wants to know if the Council has decided who will pay for these drainage problems. Stover and Haugen said the Council decided to use Special Taxing Districts as a method of financing drainage projects. Norton said the project is larger than the Public Works Dept. can handle. Stover moved. Gagne seconded. to order the City Engineer to prepare a preliminary cost estimate for improvements to the Grant Lorenz drainage system. Motion carried - 4/0. 16 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 17 . 2. DRAINAGE IMPROVEMENTS BADGER PARK SHELTER BUILDING Norton said there are a number of ways to solve the problem with the building. 1. Regrade the parking lot. 2. Raise the building. 3. Do both. He will have a report at the next City Council meeting. C. CITY PLANNING DIRECTOR. 1. LMCD PLAN AND CODE AMENDMENTS . The LMCD Plan and Code are to be adopted this week Nielsen asked if the Council had any further comments. Haugen said she has received many letters and calls from Orono, Wayzata and Spring Park. They are opposed to the plan. Haugen said the Council has given instructions to it's LMCD representative. The shoreland plan adopted many of Shore- wood's existing prOVISIons. Bob Rascop, LMCD representative, told the Council that there are four cities opposed to the LMCD plan. Orono opposes the plan because they look at it as more govern- ment interference. Spring Park and Wayzata are represented by David Licht. They want uninhibited future development on the lake. Victoria will vote with these three because they feel Carver County should not be involved in funding the LMCD management. Rascop feels the plan may be adopted or could be tabled for 30 days for more discussion. The DNR has mandated the cities have a shoreland plan by July 5, 1991. If the LMCD coordinates this then, perhaps, Wayzata and Spring Park could have more development in the overall plan. Some City Attorneys are saying the DNR does not have the authority to do this. There will be implementation problems, if some of the cities do not agree to the plan. Mr. Rascop said he appreciates the Council's support. COUNCIL REPORTS. Haugen proclaimed October 20-28 Red Ribbon Week; in support of drug awareness. Haugen also told citizens they can write to sailors in the mideast with the: Adopt a Sailor program or they can write to any service man. .' Write to Operation Desert Shield FPO, NY 09966-0006 Haugen attended the Transportation Committee meeting. They are talking about tollways and freeways and transit riders. She also attended the Public Hearing in Minnetonka on Townline Road. 17 . . .\ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. SEPTEMBER 24. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 18 There will be 33,000 vehicles by the year 2010 heading East toward 494. There is a bottleneck in the road on 101 which is owned by the State. They are willing to give this to Hennepin County but the County does not want it. If the City could talk to the County concerning this, it might take pressure off Vine Hill Road. Stover asked about the new disclosure form. Haugen said there are new rules and the Staff wanted to see if the old form still applied. Gagne had no reports. Brancel wants the expense records on Freeman Park. She said she asked three months ago and she has waited long enough. Rolek said he gave the information to Whittaker. Haugen told Rolek to give the information to Brancel. STAFF REPORTS: D. PUBLIC WORKS DIRECTOR - NEPHEW DRAINAGE Zdrazil asked the Council if the City Engineer could look at the drainage problem on the Nephew property. Stover said there had been a lawsuit with Mr. Nephew. Froberg said the City's insurance carrier paid $2500 to settle a lawsuit with Mr. Nephew in 1986. The insurance company handled the litigation itself. Haugen said the City policy is not to go on private property. Zdrazil said he would inform Mr. Nephew. Zdrazil said he would like to have the check list reflect that he was reimbursed for straw for mulching he does not sell it to the City. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Gagne moved. Stover seconded. to adjourn the meeting at 12:17 A.M. subject to the payment of claims. Motion carried - 4/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since September 10. 1990 LIQUOR $72,561.79 GENERAL $17,013.44 18 . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 24, 1990 TOTAL CHECKS ISSUED Checks for Council approval COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 19 $89,575.23 TOTAL CHECKS FOR APPROVAL $64,680.55 TOTAL CHECK APPROVAL LIST $154,255.78 PAYROLL REGISTER FOR SEPTEMBER 12. 1990 PAYROLL Checks No. 5141-5180 Checks no. 204360/204399 LIQUOR $3,011.65 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary ADMINISTRATOR/CLERK LAURENCE E. WHITTAKER 1 'ji GENERAL $12,472.14 TOTAL CHECKS ISSUED $15,483.79