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121189 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER II, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:31 PM on Monday, December 11, 1989, in the Council Chambers by Mayor Haugen. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Reguiar Council meeting with the Pledge of Allegiance. ROLL CALL Present: Absent: Also Present: Mayor Haugen, Councilmembers Brancel, Stover, and Brancel Councilmember Watten Administrator Whittaker, Attorney Froberg, Building Official Nielsen, Public Works Director Zdrazil, and Finance Director Rolek APPROVAL OF AGENDA Brancel moved, Gagne seconded, to approve the agenda with following additions and deletions: Item 17 - C.U.P. TO EXCEED 1000 SQ. FT. OF ACCESSORY SPACE Harley Feldman - 5635 Christmas Lake Point - continued until the January 8, 1989 meeting because no representative appeared at the Planning Commission meeting. Motion carried - 4/0. APPROVAL OF MINUTES Brancel moved, Gagne seconded, to approve the minutes of the Council meeting of Monday, December 4, 1989, as written. Motion carried - 4/0. CONSENT AGENDA Gagne moved, Brancel seconded, to approve Item B - "Transfer of $23,325 from Liquor Fund to the General Fund" - motion carried - 4/0. RESOLUTION CONFIRMING 1989 BUDGET AMENDMENTS RESOLUTION NO. 104-89 Gagne moved, Brancel seconded, to adopt Resolution No. 104-89, "A Resolution Amending the 1989 General Operating, Water and Sewer Fund Budgets and Transferring Funds from the General Operating Fund to the Park Capital Improvement Fund". Attachment A was amended to show the transfer from the "General Operating Fund" of Park Consultant fees of $3,390 and Tennis Court Resurfacing expenses of $2,410, to the "Park Capital Improvement Fund". Motion carried by roll call vote - 4/0. -1- REGULAR COUNCIL MINUTES MONDAY, DECEMBER II, 1989 Page two tit FINAL BUDGET HEARING Finance Director Rolek explained that the notice the City published in the newspaper stated that the City tax levy was going up 29.5%. That will not mean a 29% increase per property owner. Most property taxes will stay very close to what they are right now. 18% of that increase should be absorbed by new construction, as the taxable value of the City is about 18% higher than it was last year. The balance of the increase is due to a shift in state aid from the City to the School District. School District taxes should decrease by an amount equal to the increase in state aid. Haugen explained we lost approximately $166,781 in state aid to the School District. , I Mr. William Fifer of 4920 Regents Walk said he read the increase as per property, and felt he couldn't sell his house if taxes went up that much. He said the majority of the people in his area have Florida license plates. Planning Director Nielsen and Finance Director Rolek explained how the tax base has grown. Stover explained that the City's share of taxes should not increase. Haugen said the citizens should complain to the School District and the County. Mr. W.T. Hannan of 4664 Bayswater Road said the comments heard have allayed some of his fears. He read increases from around the area and said the 29.5% certainly gets your attention. Rolek said different cities receive different amounts in state aid. Stover said one of the big things is the growth of the City, and because of the growth period there is a larger tax base. she said with growth you need more services but you also have more people to pay the expenses. She sppke of the per capita range and said Shorewood is basically in the middle of the range. Haugen said as the budget increases - the tax capacity also increases. She said this Council, as well as previous Councils, is fiscally conservative. Chris Celi~cowski of 5735 McKinle Place asked how much taxes increase on a 200,000 home? Rolek sai the City has not received these figures from the County; therefore, can't compute the tax change yet. Before the state aid shift the tax rate would have gone down, now it may go up approximately \%. Dan Lewis of 5770 Covington Road said it sounds as if a shift may not take place. If the tax is raised and the shift does not take place, will there be a rebate to residents? Rolek said the shift will take place. The School District has to reduce the levy. It should balance out; but, until the tax rates come out, the City cannot compute the rate. Haugen said if the same rules are in place next year, the School District will have to again reduce their levy. Whittaker said the raise in taxes could be less than 5%. Haugen closed the public hearing at 8:07 PM. -2- . tit . REGULAR COUNCIL MINUTES MONDAY, DECEMBER 11, 1989 Page three Haugen asked for Council and Staff questions and comments. None were received. RESOLUTION ADOPTING THE 1990 BUDGET AND PROPERTY TAX LEVY RESOLUTION NO. 105-89 Gagne moved, Stover seconded, to adopt Resolution No. 105-89 - "A Resolution Adopting the 1990 General Fund Budget and Approving the 1989 Tax Levy Collectible in 1990". Motion carried by roll call vote - 4/0. Administrator Whittaker explained that there have been four formal meetings on the budget - two workshops and two hearings. He said if anyone has questions, they can come into City Hall and review the budget or ask questions. SETBACK VARIANCE Location: 20680 Garden Road Applicant: Robert Brown Stover said the Planning Commission vote was 6 in favor/1 opposed. She said the property in question has two reasons for hardship, one is the wetlands and one is the poor soil. Stover moved, Gagne seconded, to instruct the City Attorney to prepare Findings of Fact and a Resolution granting the setback variance at 20680 Garden Road. Motion carried - 4/0. CONDITIONAL USE PERMIT TO EXCEED 1000 SQUARE FEET OF ACCESSORY SPACE Location: 5635 Christmas Lake Point Applicant: Harley Feldman Postponed until next meeting as no one was at Planning Commission meeting. CONDITIONAL USE PERMIT AND VARIANCE TO BUILD ON A SUBSTANDARD LAKE- SHORE LOT/SETBACK VARIANCE Location: 4365 Enchanted Point Applicant: Jeffrey Tronsor Jeffrey Tronsor was represented by David Morse, his builder. He said they are asking for a minimal amount of variance. They are proposing tearing down a substandard structure that resembled a trailer, and replacing it. A 2' variance is requested. They are trying to improve the area. Stover said there were several people present at the Planning Commission meeting to represent the owner. According to Dale Pixler, the next- door neighbor, neighbors are strongly in favor of the change. She said the Planning Commission voted in favor - 4/3. Some Commissioners were opposed because they felt the structure could be moved back on the property, or a narrower structure could be designed. Other Commissioners voted in favor because they felt it was a major improvement, and the site lines would be consistent with the other homes in the neighborhood. Gagne moved, Brancel seconded, to instruct the City Attorney to prepare Findings of Fact, including the recommendations in the Planner's Report -3- . tJ . REGULAR COUNCIL MINUTES MONDAY, DECEMBER II, 1989 Page four of November 29, 1989, and to draw a Resolution approving a C.U.P. and Variance to build upon a substandard lakeshore lot and a setback variance at 4365 Enchanted Point. Motion carried - 4/0. REZONING AND CONDITIONAL USE PERMIT Location: 500 West Lake Street Applicant: Minnetonka Portable Dredging Company Planner Nielsen said if action is taken on this item tonight, the City Attorney should draw Findings of Fact and extend the current permit 60 days because the current permit expires January I, 1990. Gagne asked Nielsen for a synopsis. Nielsen said in 1985-86, the City looked at the area in question and determined that it had evolved as lake-oriented service commercial. The original comp plan suggested that the whole area should be phased out of commercial and, someday, be restored to residential of some kind. Based on the Crepeau study, it was determined that there was a need for the kinds of activities located in the area. The lake dredging operation is the only one on Lake Minnetonka and, according to both the Planning Commission and the residents in the area, provides a service that is needed on the lake. The Comp Plan was amended to include a C-4 District which recognized the uses in that area. A lot of these uses were grand fathered in. The dredging company came into City Hall in February, 1989, and requested a text amendment to the Zoning Ordinance to include the dredging company in the C-4 District. That was approved as a C.D.P.in the C-4 District and included a lenghty list of conditions. Later this year they applied for rezoning to C-4 anci a C.D.P. pursuant to the ordinance amendment done earlier. In addition to the conditions imposed with the text amendment, additional conditions were added. Two thoughts were kept in mind by the Planning Commission - the fact that it is an existing operation that serves a valuable purpose on the lake, and that being the type of business it is'~total screening is impossible. The Planning Commission added an additional 5 conditions at their December 5, 1989 meeting. Stover said Minnetonka Portable Dredging Company had been a good neighbor. However - there may be other owners in the future; so, it is important to put everything in writing. They have been very cooperative and have agreed to rearrange the parking lot, and to resurface it to a 9 ton des.ign. Th~~~pplicant informed the Council that they do not have a clear permanent easement to County Road 19 over the Hennepin County Regional Railroad Corridor - they only have a license to use the road, not pave it, but they think they can work out an agreement within a year. Haugen said paving would allow run-off to the lake. Nielsen said that crushed rock is nearly as impermeable and also allows sediment to run into the lake. The City Engineer should recommend how drainage to the lake should be handled. Haugen expressed concern over the cables to protect the landscaping. She wanted to be sure they would not affect the snowmobiles. -4- REGULAR COUNCIL MINUTES MONDAY, DECEMBER 11, 1989 Page five ~ Minnetonka Portable DredKinK Company - continued ORDINANCE NO. 220 Brancel moved, Stover seconded, to waive the second reading, and to adopt the Ordinance to amend the zoning map to put the property known as Minnetonka Portable Dredging Company at 500 West Lake Street in the C-4 Zoning District. Motion carried by roll call vote - 4/0. Brancel moved, Stover seconded, to instruct the City Attorney to prepare Findings of Fact and a Resolution to approve a C.U.P. contingent upon inclusion of the conditions listed in Planner Nielsen's report dated November 29, 1989, plus those conditions listed in his staff report of October 30, 1989, plus the additional conditions listed in the Planning Commission minutes of December 5, 1989. Motion carried by roll call vote - 4/0. Stover moved, Gagne seconded, to extend the current Conditional Use Permit for a period of 60 days starting January 1, 1990. Motion carried - 4/0. Item I 10 was deleted from the aKenda WATER AND SEWER BUDGETS - 1990 RESOLUTION NO. 106-89 Gagne asked if Munitech is on a yearly contract? Finance Director Rolek said it is a two year contract and there is one year left. . Gagne moved, Stover seconded, to adopt Resolution No. 106-89 "A Resolution Approving the Water and Sewer Budget for 1990". Motion carried by roll call vote - 4/0. METROPOLITAN SYSTEMS STATEMENT In response to Stover's question, Whittaker said it could be significant: sewer capacity, changing traffic assignment zones, implementation of different highway plans, the effect.'of light rail on the City. Nielsen said in terms of transportation, it recommendsitt.he City base its planning on the Corridor Study. Stover asked about sewer problems. Nielsen said they have basically been solved, the Lake Anne and Lake Virginia Interceptors have been corrected, and sewer problems have been resolved. Nielsen said it is important to stress the population and household projections because the Met Council estimated 6000 people by 2010 and we are almost there now. Haugen said she would like the results of Metropolitan Waste Control Commission's "I & I Study". , Gagne moved, Stover seconded, to have Staff send a response to the 1988 Systems Statement to Metropolitan Council. Motion carried - 4/0. -5- REGULAR COUNCIL MINUTES MONDAY, DECEMBER 11, 1989 Page six . 1990 - 1991 AGREEMENT WITH AFSCME LOCAL 224, COUNCIL 14 Gagne moved, Stover seconded, to approve the Union Agreement with AFSCME Local 224, Council 14, and to authorize the Mayor and City Administrator/Clerk to sign it. Motion carried - 4/0. MATTERS FROM THE FLOOR None REPORTS Planner's Report None Finance Director's Report FICA Contribution - Bill Josephson Finance Director Rolek said he is waiting for a determination from IRS to see who pays. Appointment of Auditor for 1989 Audit - Abdo, Abdo & Eick Brancel moved, Gagne seconded, to appoint Abdo, Abdo, & Eick to do the 1989 Audit. MOtion carried - 4/0. . Public Works Director's Report ~' Lighting in Manor Park Public Works Director Zdrazil explained he had received one estimate for lighting on the pond at a cost of approximately $1000. Zdrazil would like permission to look into other options. He said two residents have requested lighting. He also said he had to put plywood on the floor of the temporary warming house to protect the floor at a cost of $80 for 8 sheets. He said the ramps were also in place. The Council felt $1000 was too much to pay for something that serves a temporary (1 year) warming house. Brancel moved, Gagne seconded, to approve up to $400 for lighting for Manor Pond. Motion carried - 4/0. Stover felt it important that the ramp and entryway be lit for safety's sake. The Council discussed wood vs. metal railings for the ramp. They left the choice up to Zdrazil. . Attorney's Report Final Contract with City of Chanhassen - 1990 Animal Control Attorney Froberg said the Council should consider the Pound Contract and the final contract with the City of Chanhassen. He talked to Don Ashworth, Chanhassen's Administrator, who encouraged the City of Shorewood to look elsewhere. Gagne asked why? Froberg said the Chanhassen is not entirely in favor of getting into the animal control business. -6- . . ~ REGULAR COUNCIL MINUTES MONDAY, DECEMBER 11, 1989 Page seven Attorney's Report - continued Animal Control - continued Stover said she had talked to Chief Young about SLMPSD doing animal control. she said they don't want to do it, but will if necessary. They would have to discuss what they could and could not provide. Administrator Whittaker said he had also talked to Chief Young. there was a meeting this morning with other City Administr~torsfrom~Victoria, Excelsior, Greenwood and Tonka Bay. He referred to the two other alternatives that were proposed last fall: the city of Mound and the City of Minnetonka. They will be meeting with the City Administrators from these cities this week. He said the biggest thing with SLMPSD is that they would be starting from scratch and the cost would probably be the same as contracting with Chanhassen. Brancel referred to an article on the City of Champlin. she said they pay the fines to the aminal control officer.. .he then instructs the uwners with problem dogs to take them to training sessions to learn how to keep them quiet. The Council liked this idea. Administrator Whittaker, Stover, and Brancel will work on the problem. Stover said the City may have to come up with an enforcement concept. Brancel did not feel patrol is adequate. Stover said more hours should be considered. Gagne said the police appear to be reluctant. Attorney Froberg said the Chanhassen veterinary Clinic has now become part of the Waconia Veterinary Clinic. the Waconia Veterinary Clinic has asked Shorewood to sign a contract with them. Their agreement is essentially the same as Chanhassen's agreement but they have raised the daily impound fee from $8.25 to $9.25, and have raised the euthanizing fee from $15 to $25. The contract can be voided with 30 days notice from either party. if it is not being used, there is no charge. Gagne moved, Stover seconded, to approve the contract with the Waconia Veterinary Clinic, P.A. and authorize execution of same. Motion carried - 4/0. Continuation - Findings of Fact and Resolution Approving a Simple Subdivision and Lot Width Variance for Phyllis Lov~ejn of 27095 Edgewood Road Stover moved, Gagne seconded, to continue this issue to January 8, 1990 per the request of Ms. Lovrein's attorney. Motion carried - 4/0. Continuation - Findings of Fact and Resolution Approving a Fence Height Variance for Robert Whelan of 5910 Cathcart'Dr.' Gagne moved, Stover seconded, to continue this issue to January 8, 1990 when the information will be in the packet. Motion carried - 4/0. -7 - . . , REGULAR COUNCIL MEETING MONDAY, DECEMBER 11, 1989 Page eight Administrator's Report Composting Yard Waste Administrator Whittaker said he attended a meeting this morning and received a new proposed resolution. Any City that did not identify a "composting transfer station site" in their City, that could potentially be used as such, or a valid agreement with another City that they will be using their "composting transfer station site", will then be responsible for their own composting program. The County has to identify a composting process by the end of March and must have a site in place by April 15, 1990. They need three 1% to 3 acre sites to transfer yard waste from packer trucks into bigger trucks that will haul it to the County composting sites. Whittaker said this will be a 3-5 year program, after that they expect to have a permanent County site where all these things will be taken thrua different collection system. He had two suggestions, one is looking for a Public Works site that would tolerate the approximately 50 truck loads a day, and offering a three year lease, or getting the Lake Communities together to form a Committee to search out a site. The Council agreed with both suggestions and asked Whittaker to work with the other City Administrators. Logo for Council Chambers Whittaker has not been able to reach Mr. Kinghorn and has not received stain samples from Mr. Hunter, so this item will be on the January 8, 1990 Agenda. Excelsior Fire Contract Gagne moved, Brancel seconded, to accept the continuation of the Excelsior Fire contract until the new contract is drafted. Motion carried - 4/0. The Commission discussed the efficiency of the Excelsior Volunteer Fire Department. Stover said they have a high rating. Haugen siad they are adequate, and doing a very good job. Brancel said they are constantly training. Monthly Reports will be part of the next contract. Whittaker said he thinks it will be an improved contract and there will plenty of time to review it. CDBG Housing Rehab Loan Program Repayment Agreement Brancel moved, stover seconded, to authorize the Mayor and Administrator to sign the loan repayment agreements for two Community Development Block Grant Rehabs for Ruth M. Pulvermacher and James Keefer. Motion carried - 4/0. Census Whittaker received a call from the U.S. GensuS Bureau who said the City will have the official results by the end of December. Gagne said to be sure to get it to the State before January 2, 1990. I & I Study Whittaker referred to the response drafted by the City Engineer and asked if there were any questions or concerns? There were none. -8- . . . REGULAR COUNCIL MEETING MONDAY, DECEMBER 11, 1989 Page nine Administrator's Report - continued Cost Estimate - Associated Consultants Inc. for Iron Removal Whittaker said a consultant called this morning and asked if he could give a cost estimate for a feasibility study on an iron removal plant for the S.E. Area. Whittaker said he thought it would be necessary for the whole Council to consider this. Gagne said he had talked to the gentleman and he didn't see any problem~ with it. He had been at the last meeting. His company has municipal engineers. The Council agreed to review their proposal. R.S.V.P. for Christmas Party Whittaker asked for R.S.V.P. IS. COUNCIL REPORTS Rental Housing Code Brancel asked about this. comments. Nielsen said it in January. Whittaker said he has not received Watten's will come before the Planning Commission: Planning Commission Joint Meeting Stover reminded the Council that they would be attending a joint Study Session with the Planning Commission on January 16, 1990. ADJOURNMENT TO EXECUTIVE SESSION Brancel moved, Stover seconded, to adjourn to an Executive Session at 9:40PM. Motion carried - 4/0. REGULAR SESSION RECONVENED The Regular Council meeting reconvened at 12:14 AM. APPROVAL OF 1990 WAGES AND SALARIES Stover moved, Gagne seconded, to approve the 1990 Wages and Salaries. Motion carried - 4/0. ADJOURNMENT Gagne moved, Stover seconded, to adjourn the Regular Council Meeting at 12:15 AM. Motion carried unanimously. RESPECTFULLY SUBMITTED FROM NOTES AND TAPE, Sue Niccum Assistant City Clerk Mayor Jan Haugen City Clerk/Administrator Laurence Whittaker . WAGES AND SALARIES APPROVED DECEMBER II, 1989 POSITION SALARIES WAGES Deputy Clerk........................$ 28,200. Admin. Asst./Asst. Clerk.......................... $11.61 hourly Receptionist. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 8.94 hourly Finance Director....................$ 36,000. . Senior Accounting Clerk........................... $ 9.35 hourly Planning Director...................$ 37,500. Building Inspector..................$ 28,155. Planning Assistant................................ $12.00 hourly Public Works Director...............$ 40,100. *Administrator/Clerk.................$ 42,500. *With a review July I, 1990 . IF YOU PLAN TO SPEAK, PLEASE FILL IN THE INFORMATION BELOW ~.. 1\ \,t"~mW- eM I rtf &- /2/ J I( ~ 1 ADDRESS AGENDA ITEM tV iLL; /1Yvf nPGL 1-920 /2:;:3(; 8V7f NA-L.c. 11/T. 1-/2>71'713 ~ Jj 6 ":1 R~ LI JU.)oT&, Rd. MrLw t J jJ~k1KJJ r ~q? ( 11\ C 1/, ~ On I 1/ (f ij&fg ~ J..< Nr4'l il~ C;1'1() '~cJ)~ I :JJ1, u \ .. -- , ~ -. .