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031488 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 14, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Regular Council Meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, March 14, 1988, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council Meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Haugen, Stover and Gagne. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly, Finance Director Beck and Public Works Director Zdrazil. APPROVAL OF MINUTES Gagne moved, seconded by Brancel, February 22, 1988 meeting as written. to approve the minutes of the Motion carried - 5 ayes. PLANNING COMMISSION Stover stated that the Planning Commission discussed items 8,10,11, 12 and 13 on this agenda. She will report on the Planning Commission recommendations as the Council acts on these items. The Commission also reviewed the Boyer proposal for Lawtonka Addition. PARK COMMISSION Brancel reported that the Park Commission recommended a cash dedication fee instead of land donation for the Lawtonka Plat. CONSENT AGENDA Assistant Weed Inspector - Dennis Johnson Dennis Johnson, of the Public Works Department, was appointed as the assistant weed inspector. Approval of pavment Voucher No.3 - City Hall Expansion Proiect - Zastrow-NassettConstruction Companv, Inc. Payment Voucher No. 3 for City Hall Expansion project in the amount of $31,063.10 to Zastrow-Nassett Construction Company, Inc. was approved for payment. -1- MINUTES MONDAY, MARCH 14, 1988 PAGE TWO . CONSENT AGENDA - CONTINUED "Easv Race" Route Approval A request was received from the Bank of Excelsior to approve the route to be used for the "Easy Race" through Shorewood on April 24, 1988. Stover moved, Consent Agenda. seconded by Gagne, to approve the items listed on the Motion carried by Roll Call Vote - 5 ayes. RECYCLING REPORT - JACQUES CAPESIUS A recycling promotional project was initiated by Jacques Capesius to work toward an eagle scout badge. He reported on coordinating 14 scouts in distributing a recycling pamphlet. He divided the City into sections and the scouts hand delivered the pamphlets on recycling to the residents and discussed with them the merits of recycling. Collection of recyclables increased from 6% to 10%. He submitted a new pamphlet he developed to the Council and audience. Mr. Capesius would like to distribute this information to the public again and suggested it be placed in the city newsletter. He feels "persistance" is the best manner to get people to participate in this program. . Administrator Vogt thanked Mr. Capesius for all the work he has done toward increasing the awareness of recycling. Vogt reviewed totals of tonnage of recyclables collected on the program. The Council thanked him for the work he has done. Rascop directed a letter be written commending Mr. Capesius for his efforts. Haugen moved, seconded by Brancel, to direct the staff to print and distribute his pamphlet on recycling in the City newsletter. Motion carried - 5 ayes. CHRISTMAS LAKE ROAD/CHRISTMAS LANE CUL-DE-SAC INSTALLATION Administrator Vogt reviewed the status of the cul-de-sac installation. The developer have received the release of mortgages, and installation is scheduled to begin May 1, 1988. A preconstruction meeting will be held prior to May 1st. Gagne recommended that they be prepared to submit all legal documents before the construction meeting, such as, letter of credit, up to date title opinion, quit claim deed to city for the right-of-way and a temporary grading easement and any other documents requested by the Attorney. . Vogt reviewed a police for illegal turns onto Public Works Department Director Zdrazil stated are still continuing to them again to not make occuring. report of 42 tickets issued in the past year Christmas Lane. Richard Dyer asked if the had been asked to stop making illegal turns. that he has informed them. Dyer said they make that illegal turn. Zdrazil will direct that turn in the future if, in fact, this is -2- . . . MINUTES MONDAY, MARCH 14, 1988 PAGE THREE SWEETWATER AT NEAR MOUNTAIN 2ND ADDITION FINAL PLAT APPROVAL RESOLUTION NO.17-88 Planner Nielsen submitted a final plat and development agreement for Sweetwater at Near Mountain 2nd Addition for approval. Mike Pflaum made a presentation to the Council on the 17 lot single-family subdivision. Staff recommended to the Council that the subdivision be approved and authorize the Mayor and Clerk to execute the agreement. Engineer Norton has discussed with Lundgren's Engineer his recommendations regarding easements and drainage. Haugen moved, seconded by Brancel, to approve the plat and authorize execution of the development agreement subject to the engineers recommendations on easements and drainage. Motion carried by Roll Call Vote - 5 ayes. REZONING WILD DUCK 3RD ADDITION TO R2-B ORDINANCE NO. 206 Planner Nielsen explained that the zoning done in 1985 designated this area as R2-A, when in fact the average lot size reflected the need for an R2-B zoning. Rick Murray of B-T Ventures has purchased some of the double bungelows and would like to subdivide these properties for single ownership. Variances will still be necessary due to the locations of the existing dwellings in order to divide each under the R2-B zoning. Staff recommends approval of the rezoning. The Council then discussed the fact that Wood Duck Circle has not been taken over by the city because the final wear course and curbing has not been completed. The Planning Commission would like to see the completion of road improvements tied to the variances needed for subdivision. Mr. Murray does not feel the completion of road improvements should be tied to a "house keeping problem". He felt the original developer should complete the improvements but a letter of credit to do so could not be obtained until the developer returned from vacation. Murray feels that the improvements should be not only his responsibility as he doesn't own all the lots, but the cost should be spread over all the lots in this addition if Dutcher does not complete the improvements. The street will continue to remain private and unmaintained by the City until which time as the street is upgraded to City standards. Engineer Norton felt that soil borings would determine what would be needed to upgrade to acceptable standards. The issue of requiring concrete curbing was discussed. The developer was opposed to concrete and the city agreed to bituminous curbing when Wild Duck 3rd Addition was approved. The Council will accept that condition. Gagne moved, seconded by Brancel, Duck 3rd Addition from R2-A to R2-B. by Roll Call Vote. to approve the rezoning of Wild Ordinance was adopted - 5 ayes -3- MINUTES MONDAY, MARCH 14, 1988 PAGE FOUR . SETBACK VARIANCE & VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE 5570 SHORE ROAD RESOLUTION NO.18-88 Mr. and Mrs. Robert Miesen were present to request variances in order to expand their home at 5570 Shore Road. Stover stated that the neighbors spoke in favor of the expanding at the Planning Commission meeting and the Planning Commission voted 3 ayes to 2 nays to deny the request. Nielsen explained Mr. Miesen's request to add a 2nd story to the existing building. They would like to remove an old garage across the street and attach a new garage to the home structure. Mr. Miesen feels the project is needed for space for their family and it will be an asset to the neighborhood. Tad Shaw spoke in favor of the Miesen addition and felt that his structure does meet the regulation of the Zoning Ordinance through no fault of his own. Nielsen referred to the average setback line established by adjoining properties when setback can't be met. Miesen's structure has a greater setback than that average. Lot coverage requirement of 30% is not exceeded, it is approximately 27%. Council reviewed past but these of the requests. other variance requests in the area granted in the were under different zoning restrictions at the time . Stover listed removal various ayes. moved, seconded by Haugen, to approve the 5 needed variances in the Planners report dated February 25, 1988 subject to the of the existing garage and granting of said variances due to hardships determined. Motion carried by Roll Call Vote - 5 COMMERCIAL PLANNED UNIT DEVELOPMENT ZONING TEXT AMENDMENT - 1ST READING Mr. Richard Dreher of Dreher & Associates was present to request an Ordinance text amendment to allow P.U.D. within a Commercial zoning district. He is proposing a shopping center in a commercial zone that would include two parcels with separate ownership and zero lot lines. The present owner of 1 parcel is and would remain Donald Keefe and Dreher & Associates would own the other parcel. He feels the amendment would benefit the City. Rascop asked for public comment and none was received. Nielsen reviewed the reasons for this request as stated in his staff report of February 25, 1988. He also recommends that P.U.D. would be listed under each of the commercial districts as a Conditional Use. Residential P.U.D. by C.U.P. would be listed in each residential district limited strictly to uses listed in that district. . Attorney Froberg revised wording in the draft Ordinance. Stover stated the Planning Commission approved the text amendment 4 ayes to 1 nay. -4- . . . MINUTES MONDAY, MARCH 14, 1988 PAGE FIVE COMMERCIAL P.U.D. ZONING - TEXT AMENDMENT - 1ST READING - CONTINUED Council discussed criteria and concerns on controls to be established. Nielsen stated that this amendment would not allow a mixture of Commercial and Residential in any residential district. The zoning will not change. Froberg assured the Council that the city will have complete of the requirements of the P.U.D. The development agreement recorded at the County and will stay with the property in ownership changes. control will be case the A market study has been done on the proposed Shopping Center and 50% of the center will be leased when construction begins. Stover moved, seconded by Gagne, to accept the first reading of the text amendment and direct the Planner to proceed with the application contingent upon the second draft. Motion carried - 5 ayes. CONDITIONAL USE PERMIT OUTDOOR DISPLAY AND STORAGE RESOLUTION NO.19-88 Charles Crepeau and Tom Lingo, owners and operators of Crepeau Dock and Garden Patch respectively, located at 23425 & 23445 Smithtown Road were present to obtain a C.U.P. for operation of their businesses. Nielsen stated that an agreement has not been concluded regarding the completion of the parking lot area. The Ordinance calls for a paved and striped lot with continuous concrete curbing. Mr. Crepeau feels that soil conditions are not suitable for poured concrete curbing. Engineer Norton has reviewed the report of the soil borings taken. The water table is approximately 4 1/2 feet deep, with proper sloping and expansion joints in the curbing, concrete could be used. Crepeau would like to see continuous asphalt curbing like what is required along County Road #19. Norton felt Mr. Crepeaus's design would also work if if it met the requirements of the Ordinance. Stover stated the Planning Commission approved the C.U.P. subject to the six (6) recommendations listed in the draft Resolution. Haugen moved, seconded by Gagne, to grant the C.U.P. subject to the 6 items listed in the draft resolution and to include a requirement that as in item #7 any remodeling of existing structures or construction of new structures shall comply with Section 1201.03 Subd. 7 of the Shorewood City Code, as may be amended. Motion carried by Roll Call Vote - 5 ayes. REAPPLICATION FOR SUBDIVISION OF OUTLOT A, GWK ADDITION Mr. Tom Wickenheiser was present to request direction to obtain final approval of his previously submitted preliminary subdivision of his outlot. He obtained preliminary approval on May 11, 1987 and would now like final approval. Nielsen recommended reapplication due to the requirement to file for final plat within six (6) months which has not been met. -5- MINUTES MONDAY, MARCH 14, 1988 PAGE SIX . PLANNERS REPORT REAPPLICATION FOR SUBDIVISION OF OUTLOT A, GWK ADDITION - CONT. Wickenheiser requested a building permit for that outlot. Nielsen stated that the conditions of the outlot would not allowany development. Mr. Wickenheiser was directed to reapply for the subdivision. Sewer Capacity Problem - Shorewood Interceptor MWCC has informed the City that until the completion in 1990 of the Lake Ann Interceptor that no new extension permits will be issued due to lack of capacity in their lines west of Excelsior. The Brentridge subdivision was only approved for 19 REC units, this will not leave any for the proposed Strickland Ventures II, George Larson Property or Lawtonka Additions. A meeting has been held with the MWCC where the City staff requested the right to apply unused REC's in previously approved subdivisions that have not been built. MWCC will only agree to this if the developers will sign an agreement that they will not use these units for 2 years. MWCC stated that if the City improved their I & I flow, REC's could be received in accordance with flow reduction. Engineer Norton stated that the Excelsior lift station repairs would be completed in June and MWCC would review flows over the summer and may consider additional REC's if capacity problems improve. The Council feels the only reason this limitation has come up is due to the dispute of the rates being charged to Shorewood by MWCC. . Nielsen asked for direction regarding proposed new subdivisions affected by this problem. Council stated that the developers should be informed and plats will be subject to obtaining MWCC permits. Mr. Dave Johnson, developer for Brentridge, has agreed to build only the 19 units unless he can obtain an agreement with other developers for their unbuilt units. Request for 2nd Building Permit - Brentridge Nielsen asked on the behalf of Dave Johnson, for a second building permit for Brentridge prior to the filing of the final plat. Council denied that request. Request for Release of Land for State Land Sale RESOLUTION NO.20-88 A request has been received from representatives of the Minnewashta Church to have the City release for State land sale, some city owned property adjoining their property. They would like to obtain this property to expand their facility. One of the lots is land locked and another is a 50' lot on Church Road. . Gagne moved, seconded by Haugen, to release the property described as Lots 1 and 11 Minnewashta, for State land sale to adjoining property owners only. Motion carried by Roll Call Vote - 5 ayes. ATTORNEYS REPORT Council will delay this discussion to the end of this meeting in order to hold an executive session concerning pending litigation. -6- MINUTES MONDAY, MARCH 14, 1988 PAGE SEVEN ENGINEERS REPORT . S.E. Area Pump House - Change Order Approval Engineer Norton reviewed the change order for the S.E. Area pump house temporary system and recommends approval in a net additional amount of $48,658.34. The payment of this change order will come out of the S.E. Area bond arbitrage and any balance due to be paid by the developers. Rascop recommended the clarification of the previous discussion be found in past Council minutes. Rascop moved, seconded by Gagne, to approve the change order as submitted. Motion carried - 5 ayes. S.E. Area Pump House - Payment Approval Norton recommended payment of Voucher No. 4 in the amount of $50,283.84 to A & K Construction, Inc. Gagne moved, recommended. seconded by Brancel, Motion carried - 5 ayes. to approve the payment as Discussion of Installation of Pressure Reduction Valves in S.E. Area . Engineer Norton informed the Council on the need for the installation of pressure reduction valves in homes at 975' or lower elevations, by the time the water tower is ready for operation in the S.E. area. He explained the need for the valve and possible methods this could be done in his February 22, 1988 report. He estimated a cost of valve and installation in the amount of $185.00 for each home. After a lengthy discussion, the Council directed the staff to return with complete plans of implementation and cost. ADMINISTRATIVE REPORTS Equipment Sharing Policy Public Works Director Zdrazil has done a survey of surrounding cities to see what their policy is regarding equipment sharing. He feels there is benefit to sharing by reducing the need for additonal types of equipment and additonal need of manpower at specific times. Council questiond rates charged and insurance coverages. The Council supports the policy with the Public Works Director's recomendations and continued maintenance of records of time and equipment kept. The Public Works Director is left to use his own judgement relative to equipment sharing. Software Implementation - Budget Amendment . Brancel asked for clarification of a bill paid to New World Systems. Finance Director Beck stated that the total contract price for installation and this piece of software was approximately $4,000.00. The new computer software and necessary equipment, software support and training will cost $20,000.00. The system will enable the city to complete "in house" work that the Waconia firm presently performs and can no longer handle, and the existing software will no longer have support available after March 31, 1988 . -7- MINUTES MONDAY, MARCH 14, 1988 PAGE EIGHT ADMINISTRATORS REPORT - CONTINUED ~ Software Implementation - continued Rascop asked how New World Systems was chosen for software purchases. Beck stated that she spoke with IBM representatives, where the hardware was purchased, and they recommended New World. We are the first City to deal in their software in Minnesota New World has been in existence for 7 years. Haugen asked if planning expenses and utility billing will be handled on this system. Beck explained the capabilities of the system. The planning assistant maintains the revenues and expenditures against each project until its completion and then finance does the additional billings if necessary. Utility billing software has been considered at this time. Haugen feels the utility billing is not the Clerks responsibility and should be done in the finance department. A budget amendment is being requested in the amount of $20,000 to be transferred from the Working Capitol Fund to be paid back in the 1989 budget. Brancel would like to see an itemized break down of the $20,000 expenditure. Gagne moved, seconded by amount subject to receipt Motion carried - 5 ayes. Haugen, to approve the budget amendment of an itemized list of expenditures. ~ Approval of Added Personnel to Finance Department and Budget Amendment Finance Director Beck has requested an additional person for the Finance Department. She feels there is too much overtime being worked, additional "in house" duties are being planned, extensive growth in the work load and a need for someone as payroll backup justifies this addition. Beck felt that $4,000.00 to $5,000.00 in auditor expense could be saved if this work is done "in house". Rascop asked if goals to accomplish this persons duties could be set. Administrator Vogt supports the request for the added staff member for the Finance Department. Gagne asked about cost, funding and location of this person. Beck stated that this would be the lowest entry level bookkeeping position listed in the Stanton report and could cover this with $16,000.00 including benefits. She felt the salary and expense could come out of interest earnings. The officing area has not been determined but there are alternative open areas or the new extra office could be used. ~ Haugen moved, seconded by Stover, to authorize the additional staff member and the funding for that person. Brancel opposed the position feeling the work should be able to be completed by the current staff members. Gagne would like to see committments of added duties such as utility billing with a time schedule of those transferred duties. Motion carried 3 ayes - 2 nays (Brancel & Gagne). -8- . . . MINUTES MONDAY, MARCH 14, 1988 PAGE NINE ADMINISTRATORS REPORT - CONTINUED Amendment to Water and Sewer Agreement - Tonka Bay/Shorewood A new agreement with Tonka Bay has been submitted with an increase from $1,500.00 to $2,300.00 for connections to Tonka Bay water where service from Shorewood is not available. Haugen had concerns that the very reasonable rate could encourage residents to hook up to their system. Gagne moved, seconded by Stover, to approve the new agreement as submitted. Motion carried - 5 ayes by Roll Call Vote. Glen Road/County Road 19 Drainage Proiect Status Report Vogt has met with Jim Mahady of the Minnehaha Watershed District regarding the feasibility study for a drainage project for the Glen Road/County Road 19 area. He felt the feasibility study could be completed within two months time, cost allocations and assessment methods should be addressed. Comparable Worth Completion by Labor Relations Associates, Inc. Administrator Vogt has discussed with Karen Olsen of Labor Relations to complete the comparable worth study. They would review description of job duties and place values on these duties. The recommended format would be the State Job match and CDC formats, with completion in June at and estimated cost of $2,000.00. $650.00 exists in the current budget, so a budget amendment may be needed. Haugen moved, seconded Relations to complete has been spent and a Motion carried - 5 ayes. by Stover, to recommend approval of Labor the study, with notification when $1,000.00 budget amendment not to exceed $2,000.00. Garbage License - Chaska Sanitation RESOLUTION NO.2l-88 Vogt recommends approval of a 1988 garbage license to Chaska Sanitation. They have been ticketed for no license. c~ncil would like to require license fi-o.m PClst years but Froberg does not.. ~l.. this is probable. . . . .... ,. ...~, ..f- Gagne moved, seconded by Stover, to approve license a requested. Motion carried by Roll Call Vote - 4 ayes - 1 Abstain (Rascop). City Hall Expansion Change Orders A change order change comes to order. will be presented at the next meeting. The total $374.00. Vogt went through the proposed change -9- MINUTES MONDAY, MARCH 14, 1988 PAGE TEN . MAYORS REPORT Support Election of Hennepin Countv Park Board Members RESOLUTION NO.22-88 ~ Rascop moved, the 7 member to direct a Vote. seconded by Gagne, to suport Gen Olson's bill to have County Park Board be elected, not appointed. Motion letter of support was carried - 5 ayes by Roll Call COUNCIL REPORT Sewer Rate Change RESOLUTION NO.23-88 Additional information fund is on a break reduce the new rate Committee recommended. has been obtained to indicate that the sewer even basis for 1987. Stover would like to from $56.75 to $49.75 as the Financial Gagne moved, seconded by Haugen, to reconsider the Resolution increasing the rate to $56.75. Motion carried 5 ayes to reconsider the rate increase. Haugen clarified that $50,000.00 has been budgeted to televise and repair sewer lines in 1988. Council discussed whether commercial minimum should be changed higher than residential. Meters are being installed on all . commerical and will be charged for actual usage. Staff feels that~ some commercial gererates the need for additional maintenance.. justifying a higher minimum. Stover moved, seconded by Gagne, to set the residential rate at $49.75 with an equal percentage increase applied to commercial rates effective January 1, 1988. Motion carried - 5 ayes. Issues for Consideration Gagne asked when Spring Clean up will be held. Vogt stated that Kennelly is proceeding to set up dates. Gagne would like the Council to consider making City Hall a smoke free office. Police Building Gagne asked building in building due established. the City to consider adding funds to the police order to get an adequate building rather than a cheap to budget restrictions, if a pay back credit could be Wedgewood Road Speed Limit Signs . Ed Ames of OSM is locating structures on properties as requested by residents granting easements. No response has been received from-, Bache and Woolridge regarding obtaining easements to correct site .. lines and on Wedgewood Road. -10- MINUTES MONDAY, MARCH 14, 1988 PAGE ELEVEN COUNCIL REPORTS - CONTINUED . Meetings Attended Haugen attended meetings Waste Control Commission. Vogt for information. of the Light Rail Authority and Metro Draft reports have been submitted to EXECUTIVE SESSION Council went into an executive session at 1:07 a.m. to discuss litigation matters with MWCC, Bayswater Road right-of-way and Village Pump site. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council Meeting of Monday, March 14, 1988, at 1:22 a.m. March 15, 1988 subject to approval of claims for payment. Motion carried - 5 ayes. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 Gene r al Liquor Total $156,027.05 $ 10,280.24 $166,307.29 $52,268.57 $ 2,812.50 $55,081. 07 . Checks #052551-052651 Payroll Checklist: Checks #201952-201980 RESPECTFULLY SUBMITTED, gMe~ Ro rt Rascop Mayor Sandra L. Kennelly City Clerk . -11-