Loading...
040990 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 9, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30PM . MINUTES CALL TO ORDER Mayor Haugen called the meeting to order at 7:35PH. PLEDGE OF ALLEGIANCE Hayor Haugen opened the meeting with the pledge of allegiance. ROLL CALL Present: Mayor Haugen, Councilmembers Gagne, Stover, Brancel, and Watten; Administrator Whittaker; Attorney Froberg; Engineer Norton; Planner Nielsen; Public Works Director Zdrazil; and Assistant Clerk Niccum REVIEW AGENDA Gagne moved, Brancel seconded, to approve the agenda with the following addition: " 11B3 - Attorney will report on pending lawsuits . Motion carried - 5/0. APPROVAL OF MINUTES Regular Council Meeting - March 12, 1990 Not available Council Study Session - April 2, 1990 Gagne moved, Stover seconded, to approve the Council Study Session Minutes of Monday, April 9, 1990, as amended: Pa~e three - 2nd para~raph above Council Break Engineer Norton explained that when City water is installed, the water line follows the contour... .... ..... ....... Pa~e four - COUNCIL MINUTES - 2nd sentence The Council then decided to advertise for two minute-takers,..... ..... Motion carried - 4 ayesl1 abstain (Brancel due to absence) CONSENT AGENDA . Watten moved, Gagne seconded, to approve: A sign permit for Norwest Bank, 23780 State Highway 7, allowing them to change the face of the existing pylon sign (the size will remain the same); install a 23.8 sq. ft. sign on the front, or east side, of the building; and attachment of a 9 sq. ft. "instant cash" sign to the existing pylon; with a reminder to the applicant that the message board is limited to time and temperature only; and -1- REGULAR COUNCIL MEETING MONDAY, APRIL 9, 1990 Page two . CONSENT AGENDA - continued awarding the 1990 Roadside Noxious Weed Contract in the amount of $2000; and the Park Spraying ContracJ: for Badger Park, Manor Park, Cathcart Park, Freeman Park ballfields, and City Hall's yard in the amount of $650, to Mahoney Home Services, Inc., P.O. Box 356, Excelsior, MN 55331. Motion carried - 5/0. Stover asked what would happen if Norwest Bank used the time and temperature board for other messages. Planner Nielsen said they would be directed to cease, and if they did not, it would be turned over to the City Attorney for prosecution. . . PLANNING COMMISSION REPORT Stover will report on items as they appear on the agenda, and will discuss two other items later on. PARK COMMISSION REPORT None - no meeting has been held since the last Council meeting. CONDITIONAL USE PERMIT - ADDITION Location: 19955 Excelsior Boulevard Applicant: Excelsior Covenant Church Mr. Richard Lundahl, Architect for the Excelsior Covenant Church, was present to state that they are proposing an addition for educational uses. The 48' x l28', two-story addition will be located on the west end, running north and south, and has been placed to conserve as many trees as possible. They have put in a ring road, and added parking for 86 vehicles. They have also asked to change the entry drive by moving it to the east, on the other side of the hill. They have worked with Planner Nielsen and Engineer Norton, and followed their direction in the location of the driveway. Stover said the Planning Commission voted unanimously to approve the CUP, contingent upon the Planner's recommendations. Stover said the new entry should align with Hooper Lake Road. Haugen questioned whether people would think it was a direct route to Highway 7. Planner Nielsen said it is accepted design practice to either line up the roads or spread them far enough apart to avoid conflict. Lundahl said there will be a sign indicating that the entrance is a church entrance. Haugen asked if the slip-off ramp would be closed. Nielsen said MnDOT may allow the slip-off ramp, but they will not allow the slip-on ramp, because then people could slip off, go around the new light, and slip back on. He said MnDOT has not yet made their final decision. Watten expressed concern over a lack of vestibules, due to an energy concern. Lindahl said these are only preliminary plans. Nielsen said an energy review would be done later. Attorney Froberg suggested the Council review item#5, relative to performance securi ty, of the Planner' s R~Qr:t before moving on this issue. The Planning Commission felt no bond should be required as you could rely on the church. Mr. Volling, the representative from the church who attended the Planning Commission meeting, suggested withholding the certificate of occupancy until all the required conditions have been met. -2- REGULAR COUNCIL MEETING MONDAY, APRIL 9, 1990 Page three ~ CONDITIONAL USE PERMIT - ADDITION - EXCELSIOR COVENANT CHURCH - continued Watten moved, Gagne seconded, to direct the City Attorney to prepare Findings of Fact for the next meeting; such Findings to include the recommendations from the March 27,1990 Plannerls Report, and that Item 15 of the report be changed to state liThe City Council, in order to ensure that landscaping and site improvements are completed, will withhold the certificate of occupancy until the landscaping and site improvements have been inspected and approved". Motion carried - 5/0. CONDITIONAL Location: Applicant: USE PERMIT - FILL AND GRADING 27975 Boulder Circle Boulder Bridge Homeowners Association Clifford Reep, Minnetonka Portable Dredging, was present on behalf of the Association. Stover said this is a corner lot. The fill is intended to provide a buffer space - with plantings on it - between the lot and Smithtown Road. She said the Boulder Bridge Association had been under the assumption that their dredging plan allowed them to do this because the fill was taken from the pond and used on their own land. The buffer will be solely landscaping, and will not be used as a building pad. The Planning Commission recommended approval. ~ Planner Nielsen said the Planning Commission had recommended that the Engineer look at the finished slope. Spellman felt that a 3/1 slope was adequate. Norton recommended a 4/1 slope because of the nature of the material. Norton asked Mr. Reep about the consistency of the soil, if it was highly erodible organic fill, or something that would work on a 3/1 slope. Mr. Reep said it should be fine for a 3/1 slope. Norton said he had been concerned because of the moisture, and the fact that there wasn't any turf cover. He said he doesn't want to see the whole thing slide. He said turf cover should be established as soon as possible. Nielsen said the Planning Commission recommended that the owner be required to provide a plan identifying how the buffer will be landscaped, that a letter of credit be provided to cover the cost, and that the planting be done by the end of the summer, and established and growing by fall. Gagne moved, Stover seconded, to direct the City Attorney to prepare Findings of Fact; and to include the following Planning Commission recommendations: ~- The City Engineer must approve the finished slope The owner be required to provide a plan indicating how the buffer will be landscaped A letter of credit must be provided to ensure that landscaping is complete -3- . . . REGULAR COUNCIL MEETING MONDAY, APRIL 9, 1990 Page four CONDITIONAL USE PERMIT - FILL AND GRADING BOULDER BRIDGE HOMEOWNERS ASSOCIATION Motion continued The planting must be done by the end of summer, and established and growing by Fall No use of the righ-of-way is allowed Motion carried - 5/0. SIMPLE SUBDIVISION Location: 26025 Birch Bluff Road Applicant: Jay Thompson RESOLUTION NO. 31-90 Jay Thompson was present to ask approval to divide the above-referenced property into two lots. He presented the City Attorney with an up-to-date title opinion. Stover said the Planning Commission had recommended approval. Watten asked if they would be cutting into the east side of the site. Thompson said yes, and reviewed the plan with Watten. Thompson said a soil test has be ordered. Watten expressed concern over cutting down trees. Thompson said they will cut trees on the high side, and leave the back-half untouched. Brance1 moved, Gagne seconded, to adopt Resolution No. 31..,.90 - "A Resolution Granting a Simple Subdivision to Jay Thompson of 26025 Birch Bluff Road, contingent upon the Planner's six recommendations". Motion carried by roll call vote - 5/0. APPEAL OF NOTICE TO REMOVE Location: 5605 Star Lane Applicant: Bernie Eisenreich Eisenreich asked for an extension until the middle of May. He did not want to tear up his neighbor's lawn. Watten moved, Stover seconded, to approve a 30 day extension of a "Notice to Remove", for Bernie Eisenreich, 5605 Star Lane, until May 10, 1990. Motion carried - 5/0. Eisenreich said what he considered junk, and what the inspector considered junk, may be two different things. Nielsen said if there is a difference of opinion, Eisenreich has the right to appeal. and the Council will make the decision. -4- REGULAR COUNCIL MEETING MONDAY. APRIL 9. 1990 Page five . REQUEST FOR WAIVER OF WEIGHT LIMITS ON WEDGEWOOD DRIVE Applicant: Metropolitan Heartland Homes. Inc. Kevin F. Leonard and Carl V. Brownfield, of Metropolitan Hertland Homes, Inc., appeared before the Council to request a permit to allow them to move 7 trucks, not to exceed 5tbns, ~er axel along 330 feet on an area of Wedgewood Road, a 4 ton road. The Council, although sympathetic to this particular situation, informed the gentlemen from Metropolitan Heartland Homes, Inc. that they have an Ordinance to enforce. Other contractors have gone out of their way to comply with the Ordinance. If they allow this, they would be setting a precedent. Gagne moved. Brancel seconded. to deny the waiver of weight limits on Wedgewood Drive for Metropolitan Heartland Homes, Inc. Motion carried - 5/0. MATTERS FROM THE FLOOR Robert Rascop - LMCD Plan Mr. Rascop is out of town. Mr. Gene Strommen will appear later in the meeting with an LMCD Report. . Reports None STAFF REPORTS ENGINEER'S REPORT Approve Plans and Specifications and Authorize Bids for Project 90-1 - 1990 Street Project Engineer Norton said the project will consist of a 1~" overlay over geo-fabric material. The streets included in this project will be Manor Road, Yellowstone Trail, Howards Point Road, Apple Road, Hillendale Road, and Bracketts Road. Watten moved. Gagne seconded. to approve the plans and specifications for Project 90-1. and that bids be taken. deadline date to be 11:30AM on Tuesday. May 8. 1990. Motion carried - 5/0. ATTORNEY'S REPORT Agreement for Water Services into Deephaven Attorney Froberg said a draft of this agreement will be in the next Council packet. . SLMPSD Resolution Amending Joint Powers Agreement to Accept Grants RESOLUTION NO. 32-90 Attorney Froberg said the Joint Powers Agreement, as written, does not specifically allow SLMPSD to accept grants from the State and Federal Government. As a result of this, a Federal grant is being held up. Froberg said an amendment is necessary. -5- ....... ............ '~aJJo S.A4J8 aq4 pa~apJsuoo sso~8 . ~uJm~oJuoo UOJ4Ja~~OJ ~uJIIads . . REGULAR COUNCIL MEETING MONDAY, APRIL 9, 1990 Page six . STAFF REPORTS - continued ATTORNEY'S REPORT - continued Stover moved, Brancel seconded, to adopt Resolution No. 32-90 - "A Resolution Approving Amendment to Joint and Cooperative Agreement Relating to the Employment of Police Chief and Police Officers so as to Provide Full-time Police Protection for the Cities of Excelsior, Greenwood, Shorewood, and Tonka Bay". Motion carried by roll call vote - 5/0. Lawsuit Attorney Froberg brought the Council up-to-date on the litigation involving Lot 11, 5540 Shore Road. Offer to City of Chanhassen - Assessments Froberg said he contacted Chanhassen.s City Attorney today, but the call has not been returned. He will report on this when information is available. PLANNING DIRECTOR'S REPORT Update on "Junk Complaints" . Eccliasia Enterprise Inc. (Fred Shermanek) 5655/5665 Eureka Road Public Works hauled 5 truck loads off the property last week. The cars will be towed. The cost will be billed to the owner, and if not paid, will be certified to taxes. Nielsen also said an accessary building at 5655/5665 Eureka Road may have to be condemned. Steven Pahl 24860 Smithtown Road Some progress had been made. Public Works hauled out what was left this morning. Nielsen said Pahl was under the impression that he would receive a second notice. Nielsen explained to him that this is not the case. He had been given 30 days, and had also been given an extra weeks grace period. Cost will be billed to the owner, and if not paid, will be certified to taxes. . Dock License Renewals Nielsen said he has completed the review of all but one or two. He is adViSing the LMCD that none of the multiple dock licenses are confirming in terms of our current zoning. They are grand fathered in and as long as they do not increase the number of spaces or change the configuration. Stover mentioned the Shorewood Yacht Club advertising. The City Attorney and City Planning Planner will review the ad. Public Works Site Option Cross accepted the City.s offer, but asked to live in the house until 1995. -6- REGULAR COUNCIL MEETING MONDAY, APRIL 9, 1990 Page seven . STAFF REPORT/PLANNER'S REPORT/Public Work Site Option - continued . . Stover moved, Gagne seconded, to send John Cross a counteroffer, stating that they are interested in the back 6.24 acres, excluding the front acre containing the house; to !nclude ingress and egress to County Road 19; and that $100,000 be deducted from $250,000, to make the price $150,000. Motion carried - 5/0. ADMINISTRATOR'S REPORT Options for Yard Waste Collection/Composting/Fees Administrator Whittaker presented two alternatives from R&W Sanitation. He said these might be considered until there was a cheaper or more satisfactory arrangement through Hennepin County. He said the price is close to those assessed by neighboring cities. One proposal is to have one waste nauler to pick up compost curbside, they would empty the bags into a truck so they could be hauled to a composting site. City Hall would have stickers available that residents could purchase for $1.50 each. The resident would put a sticker on a 30 gallon trash bag and place it curbside on specified days. R&W would also pick up brush if the resident called and made special arrangements. The second proposal would be a 30 cubic yard roll-off container placed at a certain site. Specified dates could also be set up to do this- however the site would have to be monitored to make sure no unacceptable material is brought in. There are three questions here: Does the City want to contract with one hauler, or leave it up to the individual to chose their own? There are 10 haulers licensed in the City. If individual haulers are chosen, this could mean 10 trucks on the same roads vs. one truck. Haugen said she would be more comfortable if RFPs were sent out. Stover said she liked the idea of the stickers on the bags. She felt the bags would have to be collected in some way so they weren't re-used. Stover also questioned whether collection should~be-optional because of people that do their own composting. Whittaker said that his second question was curbside pickup or bringing the material to a central location? Council preferred curbside. Whittaker said the compost would have to be debagged. Council directed Administrator Whittaker to get estimates for curbside service, using the stickers, from other haulers. Spring Cleanup - Saturday & Sunday - May 5 & 6 - 8 :OOAM - 5 :00 PM Chipper Last cleanup we had 9 30-yard dumpsters of crushed brush for $750. This is approximately the equivalent of 20 30-yard dumpsters of uncrushed brush. A low estimate is that it would take one week for someone with a chipper to chip the brush at a cost of $90 per hour. This is $3600. There is also a chipper that handles whole trees but this would probably take one whole day at approximately $500 an hour. The noise is a concern. People could be required to bundle brush in 31 lengths. Gagne said he had thought the wood chips could be used on the trails. Zdrazil said NSP has chips available free. The Council agreed that chipping brush is not practical. REGULAR COUNCIL MEETING MONDAY, APRIL 9, 1990 Page eight ~ STAFF REPORT - ADMINISTRATOR'S REPORT - SprinK Cleanup - continued ~ ~ Council discussed the proposed fees and Spring Clean-up costs. Stover moved, Gagne seconded, to accept the price list presented with the following changes - tires and batteries will be free of charge. Motion carried - 5/0. MATTERS FROM THE FLOOR - continued LMCD Report by Gene Strommen Strommen presented Council and Staff with copies of a preliminary summary of the "Long Term Management Program". He reviewed the history of the plan and planning process. He said this is a guide, not an ironclad Ordinance. He said it is also a 25 year vision of how Lake Minnetonka is seen. He said the plan is to brinQ all 14 cities involved together, and try to work out a mutually acceptable set of rules with enough flexibility within the rules so that all cities can live with it. He said the LMCD is not planning to get into Shoreland Management. Haugen asked if the DNR had given any indication that they would be finding some funding? Strommen said he thought the DNR realized that there had to be some openess to change the position on their part for some metro funding. Haugen asked about boat licensing. Strommen said he thought the licensing would be metro. Stover asked if there was an Ordinance regarding personal watercraft. Strommen said they are working on one. Strommen said the first reading of one was held last Wednesday. He said there were some issues that may create some problems; the 300 foot restriction from shore & operating the machine for a given period of time in the same space on the lake. Attorney Froberg referred to the last paragraph on page one of the summary where it says "A new property tax on the entire service region for Lake Minnetonka is proposed". Froberg asked who this would affect. Strommen explained the tier system. Gagne asked how low the lake is now. Strommen said 3.7' low. He brought the Council up-to-date on Eurasian Milfoil, and thanked the City Staff for their help. STAFF REPORT - continued Council Reports Councilmembers Water Conservation The City Council discussed their concern over water conservation. The aquafier is low. There is a drought. Engineer Norton said the City has the ability to supply water to the City at this time without imposing a ban. The Council feels they should be thinking about resources, and working on conserving them. They know that they can place a ban on City water users. They would like to ask private well owners, as well as City water users, to please use common sense. Think of the future and voluntarily restrict your water use. REGULAR COUNCIL MEETING MONDAY. APRIL 9. 1990 Page nine ~ STAFF REPORTS - COUNCIL REPORTS - continued Striping on Lake Linden Drive and Smithtown Road Brancel expressed concern over the fact that the striping has not been on these streets that long, and it has already disappeared. Engineer Norton and Public Works Director Zdrazil will look into it and report back to the Council. ~ 11:00 Rule The Council discussed putting the 11:00 Rule into effect, and several different ways of dealing with it. Suggestions were: Haugen suggested meeting 4 times a month. Along with this, she suggested raising Council salaries from $150 to $200 monthly, and the Mayor's salary from $200 to $250 a month to compensate for these meetings. Another suggestion was $50 per meeting. Stover felt this would place a heavy burden on the City Staff, causing them to put out a packet every week, and drawing time from all their other duties. She thought with all people have to go through to be on a certain agenda, all these people should be dealt with at the current meeting. If staff and Council wished to meet again, either the next evening, or the next week, they should meet to discuss matters that do not involve the people, but matters such as staff reports. Shortening the agenda. The 11:00 Rule does not have to be used. Brancel also felt it would be unfair to the public to make them wait. The 11:00 Rule will be discussed at a later meeting. Vine Hill Road Intesection Gagne asked when this would be discussed. It will be discussed at the April 23 meeting. Highway 7 Service Road by Shorewood Shopping Center - Pile of Rubble Council asked Staff who is responsible for the service road, and that whoever is, be instructed to clean up the broken blacktop in what was the island in the center of the road. MAYOR'S REPORT TIF Seminar Haugen asked for the information on this. She thought everyone would benefit from it. ~ Recycling Luncheon Haugen will attend a Recycling luncheon on April 18 1990. SLMPSD Haugen will leave the audit report at City Hall for review for a few days. She complimented the SLMPSD on their work with drugs, and cooperation with other cities. She said they volunteer their own time. . . . REGULAR COUNCIL MEETING MONDAY. APRIL 9. 1990 Page ten STAFF REPORT - MAYOR1S REPORT - continued Legislature Haugen encouraged everyone to contact the Legislature. Let them know that the City is being frugal. Ask for their consideration regarding state funding. Dock Licenses Gagne moved, Brancel seconded. to approve the dock licenses; and that it be a matter of record that the dock configurations return to the 1988 configuration when the water level returns to normal. Motion carried- 5/0. APPROVAL OF CLAIMS AND ADJOURNMENT Brancel moved. Gagne seconded. to approve the claims for payment and adjourn the Regular Council meeting at 10:17PM. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks No. 4054 - 4174 GENERAL $ 56,112.05 LIQUOR $ 43,412.00 PAYROLL CHECKLIST Checks No. 203927 - 203957 11,987.80 2,948.09 TOTAL $ 68,099.85 $ 46,360.09 Motion carried - 5/0. RESPECTFULLY SUBMITTED, Susan A. Niccum Assistant City Clerk Administrator/Clerk Laurence E. Whittaker