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051490 CC Reg Min CITY OF SllOREWOOD REGULAR COUNCIL MEETING MOm)AY, MAt 14, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 PM . M I NUT E S CALL TO ORDER Acting Mayor Gagne called the meeting to order at 6:35 PM. PLEDGE OF ALLEGIANCE Acting Mayor Gagne lead those present in the Pledge of Allegiance. ROLL CAI..L Present: Mayor Haugen (7:00), Councilmembers Braneel, and Watten (7:00); Administrator Whittaker; Froberg; Engineer Norton; Planner Nielsen; Director Rolek; and Assistant Clerk Niccum Stover, Gagne Atto-rney Finance AGKNDA REVIEW . Stover moved, Brancel seconded, to approve 1990, with the following amendments: Consent ~,end,! Item # 3B - move to item #12A5 Item # 3C - move to item #12C4 the agenda of Monday, May 14, (Engineer's Report) (Attorney's Report) Item #12A6- add to Engineer's Report (Mtka. Country Club-drainage) Item iF 8 - change title to: SIMPLE SlffiDIVISIQNlL9T ARE~_VARIANC~ Item #12B5- add to Planner's Report ( Approv~l-MnDOT agreement- intersection - Hwy 7 & County Road 19) Add executive session - requested by Gagne Motion carried - 3/0. APPROVAL OF MINUTES March 12, 1990 None. l~.pril 23, 1990 Brancel moved, Stover seconded, to approve the minutes of the regular Counc i 1 meeting wi th the follovling amendments" .. pag,e 11 Lith Paragraph from bottom, last sentence Cap i tal i ze firs t word '[. - T~i.s 1 -J.- c2.B COUNCIL MINUTES MONDAY, MAY 14, 1990 Page two . APPROVAL OF MINUTES - continued Minutes of April 23, 1990 Amendments continued) Page 13 - Last Paragraph Line 1 - omit 5th ~ (assess~ments) Line 2 - omit ~ (It~) Page 16 - paragraph 6 - "Haugen said the City has to participate to...... Line 3 - word 4 - replace the word low with the word hiKh Page 17 - Brancel's second motion on page Line 2 - add Motion denied ~ 1/4 (Brancel aye) Page 18 Paragraph 5 - insertion - "Stover asked for the clarification of what this committed the City to. "Motion carried by......... ...(see attachments). Paragraph 7 - add after . APPEAL NOTICE TO REMOVE - correct spelling of name - after "Applicant:" and in paragraph - Dallman - omit 2nd n. Page 19 Water hookup motion - correct typo - approve Motion carried - 3/0. Minutes - Board of Review - Monday, April 30, 1990 Council asked that approval of the Minutes of the April 30th Board of Review be deferred until the list from the assessor is attached and reviewed. Council also thought they had made two motions, and questioned whether "a motion to allow the assessor to do additional property reassessments of property if the information arrived by a certain date" was missing. CONSENT AGENDA . Stover moved, Brancel seconded, to remove items 13B and 13C from the Consent Agenda. Motion carried - 3/0. Stover moved, Brancel seconded, to approve a request for water hookup to Chanhassen from Larry Schmid, 23115 Summit Avenue. Motion to approve the Consent Agenda carried - 3/0. -2- COUNCIL MEETING MONDAY, MAY 14, 1990 Page three . REVIEW 1989 ANNUAL AUDIT REPORT - GARY GROEN FROM ABDO, ABDO, AND EICK Gary Groen, of Abdo, Abdo, and Eick, reviewed the "AnnualYinancial Report" and the Auditor's letter with the City Council and answered their questions. Brancel moved, Stover seconded, to accept the 1989 Audit Report. Motion carried - 5/0. REVIEW REPORT ON THE FEASIBILITY OF IRON REMOVAL AND SOFTENING FOR THE S. E. AREA WATER DISTRICT Mr. Noel Vogen, of Associated Consultants Engineers, Inc., was present. He reviewed the "Report on the Feasibility of Iron Removal and Softening for the Southwest (should be Southeast) Water District of the City of Shorewood, MN" prepared by his firm, and answered the Council's questions. The Council thanked Mr. Vogen, and told him they would review the report in a Council Study Session. They will then contact him. APPEAL NOTICE TO REMOVE Applicant: Location: Larry Johnson 20820 Id1ewild Path . Planner Nielsen said Mr. Johnson has gotten some work done, however, he is working many hours and, because of this, has asked for a two week extension. He is not here tonight because he had to work late. Gagne moved, Brancel seconded, to grant a two week extension of the "Notice to Remove" for Larry Johnson, 20820 Idlewild Path, until May 28, 1990. Stover asked when Johnson was first cited. Nielsen said March 27, 1990. Motion carried - 5/0. APPEAL FOR EXTENSION TO WELL REQUIREMENT Applicant: Carolyn Squires Location: 5800 Christmas Lake Road . Ms. Squires was present to state that they are putting an addition on their house. Because of this their budget will not stretch to cover the cost of a well. Watten said he thought they should revise their plans in order to have the money to put in the well. He asked Planner Nielsen how deep the wells are in that area, and how much it costs to drill one. Squires said that bids have already been taken on the addition. Nielsen told Watten that wells in that area are usually 180'-220', and the cost is probably between $3,000-$4000. Squires said they do have every intention of putting in a well. Right now they are using the lake water for watering plants and bathing. They use bottled water for cooking and drinking. Stover suggested they check with a well driller to see if their planned addition will interfere with the location of the well. Nielsen said they have a large lot and this would not be a problem. -3- COUNCIL MINUTES MONDAY, MAY 14, 1990 Page four . WELL EXTENSION REQUEST - Squires - 5800 Christmas Lake Road - continued Gagne moved, Haugen seconded for discussion purposes, to grant a two-year extension to drill a well to Carolyn Squires, 5800 Christmas Lake Road, extension to end on May 14, 1992; also, if the system that presently provides water from Christmas Lake breaks down, the resident may not repair it, but must then put in a well. . Stover asked what the Ordinance says regarding lake water. Attorney Froberg said the State Statute allows the building official to make the recommendation. Nielsen said the use of surface water is not allowed, but the provision may be waived if recommended by the inspector and approved by the City Council. After Gagne and Haugen agreed to amend the motion to provide that Carolyn Squires is to write a letter to the City agreeing to the terms of the motion. Motion carried - 4 ayes - 1 nay (Watten). Brancel asked Nielsen if any Shorewood resident's well goes dry, is it possible to enforce the Ordinance? Nielsen said generally the City would have no way of knowing when someone's well runs dry. There has only been one other case--people tore down an old house and built a new one, and the new well was a condition that had to be met before they could receive their Certificate of Occupancy. Watten said he thought the Ordinance should be revised regarding people with water systems that use lake water. Council asked Nielsen to draft an ordinance revision. SIMPLE SUBDIVISION/LOT VARIANCE Applicant: Donald Mullenbach Location: 5630 Strawberry Lane Brancel asked what the zoning is. Nielsen said RIA. Brancel asked if this would bring the size of the lots to under an acre? Nielsen said yes. Brancel referred to Strawberry Fields and the George Larson property, and said they weren't allowed to divide into smaller lots. Nielsen said in this particular case the City is acquiring considerable easements, 50' on the north for Smithtown Road, 25' on the east for Strawberry Lane, and 10' along the west side of both lots, as well as 10' on each side of the new property line for drainage and utility easements. Based on the legal description of the property before the easements were removed, they had approximately 87,110 sq. ft. Gagne moved, Stover seconded, to direct the Attorney to draw findings of fact approving the Simple Subdivision/Lot Area Variance for Donald Mullenbach, 5630 Strawberry Lane, contingent upon the Planner's recom- mendations in his April 25, 1990 report. Motion carried - 5/0. . CONDITIONAL USE PERMIT FOR ACCESSORY SPACE IN EXCESS OF 1000 SQUARE FEET Applicant: Richard Gay Location: 5695 Howards Point Road Planner Nielsen said Mr. Gay presently has a two-story garage attached to his house. He wants to make the lower level into living area, and -4- COUNCIL MINUTES MONDAY, MAY 14, 1990 Page five . C.U.P. FOR ACCESSORY SPACE IN EXCESS OF 1000 SQ. FT. - Richard Gay build a detached garage 24' x 30'. This would give him 1,344 sq. ft. of accessory space, 344 sq. ft. over the 1,000 sq. ft. allowed in the Ordinance. Planner Nielsen said his request complies with the Ordinance. He recommends approval. Stover moved, Brancel seconded, to direct Attorney Froberg to prepare findings of fact approv1ng~ a Conditional Use Permit for accessory space in excess of 1,000 sq. ft. for Ricard Gay. 5695 Howards Point Road. Motion carried - 5/0. Nielsen said Gay is in a hurry to get this done, and asked if he can issue a building permit at this'timeas long as the entire Council would approve the Conditional Use Permit. Stover moved, Watten seconded. to approve the issuance of a building permit at this~ time to Richard Gay. 5695 Howards Point Road. Hotion carried - 5/0. PROPOSALS FOR COMPUTERS RESOLUTION NO. 39-90 . Finance Director Rolekexplained the process that the staff has gone through in the past year, and the recommendation that was eventually reached. He reviewed his memo of May 11, 1990, which included background, budget and system cost, consulting services, comparisons, individual equipment, and recommendations. Rolek pointed out the Precision Computer Services has an excellent record in the area of service and support, and this is an important issue. The Council asked several questions regarding equipment, funding, and consulting. Finance Director Rolek will return to the Council with additional information regarding additional consulting by Jim Stern of Chapel Consulting, Inc. Brancel moved. Gagne seconded, to adopt Resolution No. 39-90 - "A Resolution Accepting Bid of Computer System" from Precision Computer Systems Inc. because this is the lowest responsible bidder. taking into consideration the quality. suitability and adaptability of the equipment for the use for which it is intended. Motion carried by roll call vote - 5/0. Brancel moved, Stover seconded. to approve the expenditure of $4,000 for other software costs. Motion carried - 5/0. Gagne moved. Watten seconded. to approve payment to Jim Stern of Chapel Consulting, Inc.. amount not to exceed $600, for the purpose of contract negotiation. Motion carried - 5/0. Stover moved, Gagne seconded, to approve the purchase of a Laserjet III Printer from Ameridata. Motion carried - 5/0. . Council Break - 8:30 - 8:37 PM -5- 4It 4It 4It COUNCIL MINUTES MONDAY, MAY 14, 1990 Page six MATTERS FROM THE FLOOR Request for Extension - Bruce Prescher - Plumbline Builders Mr. Prescher said he had paid $1,000 in park fees, and the money had been returned to him by Planner Nielsen because more paperwork is needed regarding easements and title work. He said he has a purchase agreement. He is asking for an extension, and asking the City to accept the $1,000 park fee. He said he will have everything brought up-to-date by June 1, 1990. Attorney Froberg told the Council this is appropriate if acceptable to the Planner. Nielsen said he needs the paperwork by May 25, 1990. Watten moved, Stover seconded, to grant an extension to Bruce Prescher of Plumbline Builders, and to accept the $1,000 park fee, contingent upon the fact that Planner Nielsen must receive the required paperwork no later than Friday, May 25, 1990; and work must be completed by Friday, June 1, 1990. Motion carried - 5/0. PARK COMMISSION REPORT Watten said the Park Commission toured Manor, Cathcart, and Freeman Parks, and compiled a list of things to be done. He said they stopped in Badger Park to look at the picnic tables that Public Works Director Zdrazil had purchased. The all approved of the tables. Zdrazil wants to know where the funds are coming from to purchase additional tables. Niccum mentioned a safety problem in Manor Park. Where you enter the tennis court, there is around a 3' drop. If someone is playing ball they could run right off the edge and be injured. Council asked Zdrazil to get an estimate for fencing and bring it to the next meeting. Gagne wants to discuss gate keys at the next meeting. PLANNING COMMISSION REPORT None STAFF REPORTS ENGINEER'S REPORT 1990 Street Improvement Bids Engineer Norton reviewed the bidding had contacted everyone personally by The addendum for DMJ Corporation was although the bid did not show this. RESOLUTION NO. 40-90 with the Council. He said he telephone regarding the addendum. incorporated into the bid, Stover moved, Gagne seconded, to adopt Resolution No. 40-90 - "A Resolution Accepting Street Overlay and Appurtenant Work - Project 90-1" - because the City Council has determined that DMJ Corporation is the lowest responsible bidder in compliance with the specifications. Motion carried by rollcall vote - 5/0. -6- . . . COUNCIL MINUTES MONDAY, MAY 14, 1990 Page seven STAFF REPORTS -ENGINEER'S REPORT Resolution Requesting Speed Zone Study on Near Mountain Boulevard RESOLUTION NO. 41-90 Staff investigated 6 locations. It is recommended that MnDOT be asked to do a speed study. Gagne moved, Brancel seconded, to adopt Resolution No. 41-90 - "A Resolution Requesting a Speed Zone Study on a Public Street in the City of Shorewood". Motion carried by roll call vote - 5/0. Glen Road Drainage Study Status Norton said he had a meeting last Wednesday with the representative from the Watershed District, and has a preliminary copy of their report. They had originally proposed handling everything with surface drainage ponds and easements for pipeways and for stormwater ponding areas. They had proposed 3 ponds. Since that time they have eliminated work on pond #1 (the most western pond). They are suggesting some elevation change in pond #2, with excavation in the area to lower the area 2', which will have some impact on the area and on the trees. Norton said they had discussed moving pond #2- 100' away from the house that had been affected by the original plan. The Watershed District will send a report with recommendations regarding the piping running from pond #2 to pond #3, and using the storm sewer for drainage from pond #3 to Lake Minnetonka. Proposal for Designing and Constructing Irrigation - Freeman Park Engineer Norton presented an estimate for a scope of work and work task descriptions to do the underground sprinkling system for Freeman Park. He questioned the expansion of the northwest field, if a 5 hp booster pump was necessary, and whether electrical connections would be needed to run the pump. Gagne moved, Stover seconded, to have OSM go ahead with the sprinkling system. Administrator Whittaker asked Norton what he estimated as additional cost, above the $3,700, for field staking and inspection? Norton said between $3,000-4,000. Whittaker informed the Council that the Park Planner had also submitted an estimate, not to exceed $3,000, and to include inspection and staking. Gagne and Stover withdrew the motion and the second. Irrigation will be discussed at greater length at the June 4, 1990 Council meeting. Erosion Control - S.E. Area Water Tower Public Works Director Zdrazil said he can put in the "elevated tower overflow pipe receiving catch basin manhole" for a cost of $2,500. -7 - COUNCIL MINUTES MONDAY, MAY 14, 1990 Page eight STAFF REPORTS - ENGINEER'S REPORT -Erosion Control - S.E. Area Water Tower continued . Stover moved, Gagne seconded, to direct Zdrazil to construct the "elevated tower overflow pipe receiving catch basin manhole" as soon as possible; and that Payment Voucher No. 11, Final payment to CBI Na-Con Inc., 24137 111th Street, Plainfield, MN 60544, in the amount of $4,628.26 be held and not paid - until Zdrazil has finished the work. Motion carried - 5/0. Gagne moved, Watten seconded, that the $2,500 cost to the City for in- stalling the "elevated tower overflow pipe receiving catch basin manhole" be charged against the water fund. Motion carried - 5/0. Minnetonka Country Club - Drainage Norton said he has been contacted by Mr. Witrak of the Minnetonka Country Club. Witrak is concerned about the old clay tile drainage system, and what could happen to his property if the tile is ruptured or crushed. His major concern at this time involves a lot on Pleasant Avenue. They are doing a large amount of filling. He is afraid they may damage the ,tile, if this happens he says he will end up with a lake instead of a golf course. Witrak will write a letter stating he will pay for the work if the Engineer locates the path of the 24" clay pipe. Zdrazil said if the pipe is damaged while the fill is being put in, Pleasant Avenue will be flooded~ . Nielsen said it would be helpful for the City to know where some of the tiles are. Norton said Witrak would then want the City to take over ownership and responsibility. Haugen said the City had not been involved in this issue in the past. The system was put in many years before the City existed, and there are no easements. Norton said that contracts for City projects require repair or replacement of tile that is damaged during construction. Stover asked if the City accepted money from Witrak, would it set a precedent? Attorney Froberg said he would like to check into the issue, liability, insurance, and whatever else is necessary, and find the best way to accomplish the objective. Brancel moved, Stover seconded, to table the issue until the next meeting in order to receive additional information. Motion carried - 5/0. . PUBLIC WORKS DIRECTOR'S REPORT Zdrazil expressed concern over Bracketts Road. He said there is a new home going in. They are hauling many, many loads of dirt into the property. He said the road is such a mess you can't even tell its a road. Attorney Froberg will check into the liability regarding the road, and discuss it with Zdrazil and Norton. -8- COUNCIL MINUTES MONDAY, MAY 14, 1990 Page nine . STAFF REPORTS - continued PLANNER'S REPORT Minnetonka Portable Dredging Dock License Planner Nielsen said Minnetonka Portable Dredging Company, 500 West Lake Street, wishes to add another dock similar to the one they now have, it would be the same size. The docks would be 18' apart. The barges would be moored on the outside of both docks. They would then moor their own boats in the slip where they would be protected from moving barges, and out of the way. The additional dock is a conforming use of the Conditional Use Permit. Gagne moved, Watten seconded, to approve the additional dockage for another dock, 60' x 6', for Minnetonka Portable Dredging Company, 500 West Lake Street, Shorewood, MN 55331. Motion carried - 5/0. Dock License - Adeline Johnston - 5465 Howards Point Road Adeline Johnston is seeking approval to extend 6 docks because of the low lake level. . Gagne moved, Stover seconded, to move approval of extension of six (6) docks because of the low lake level, with the contingency that the docks are returned to their original configuration when the lake level returns to normal. Motion carried - 5/0. Request for "Emergency Vehicles Only" RESOLUTION NO. 42-90 Access in Amesbury Nielsen said a request has been received from the "Amesbury West Homes Assiciation" for permission to install two 12" x 18" metal signs on steel posts with the wording "EMERGENCY VEHICLES ONLY" adjacent to a "safe hit" barrier that will be re-installed by Amesbury West Homes Association across the emergency vehicle easement between Bayswater Road and Garden Road. The signs would be purchased and installed by Amesbury West Homes Association. After discussing the matter with the City Attorney, it was suggested that the City install the signs. It was also suggested that the City maintain the safe hits between Garden Road and Bayswater Road. Gagne moved, Brancel seconded, to adopt Resolution No. 42-90 - "A Resolution Directing the Erection of "Emergency Vehicles Only" Signs at Bayswater Road and Garden Road". Motion carried by roll call vote-5/0. . It was suggested that the City maintain a small supply of the "safe hit" posts (cost $25 each) so they can be replaced when necessary. Watten moved, Stover seconded, to approve the purchase of six (6) "safe hit" posts, at a cost of $25 each, and that these be stored by the City for replacement purposes of the barrier across the emergency venicle easement between Bayswater Road and Garden Road. Motion carried- 5/0. -9- . . . COUNCIL MINUTES MAY 14, 1990 Page ten STAFF REPORTS - continued PLANNER'S REPORT -continued Option on Bishop Property Council directed Staff to make an offer on the Bishop property using the same terms and conditions that were used on the original Cross offer and the current appraisal. Approval of MnDOT Agreement for the Highway 71 County Road 19 Intersection RESOLUTION NO. 43-90 The City of Excelsior has agreed to maintain the intersection, and will bill the City of Shorewood for 50% of the cost. Gagne moved, Brancel seconded, to adopt Resolution no. 43-90 - "A Resolution Approving an Agreement between the City of Shorewood and the State of Minnesota Department of Transportation for the Purpose of Installing a new Traffic Control Signal with Street Lights and Signing on T.H. No.7 at County Road 19 (Oak Street).. Motion carried by roll call vote,:'::' 5/0. Council Break - 10"40 - 10"47 PM ATTORNEY'S REPORT Approval of Community Energy Council RESOLUTION NO. 44-90 Program Agreement Gagne moved, Stover seconded, to approve Resolution NO. 44-90 - "A Resolution Approving the Community Energy Program Agreement" - such Resolution contingent upon the removal of the entire statement under 113. 113a is acceptable as a substitution for #13. Motion carried by roll call vote - 5/0. Code Amendment to Permit Composting of ORDINANCE NO. 224 Yard Waste Watten moved, Stover seconded, to adopt Ordinance NO. 224 - "An Ordinance Amending Chapter 501 of the Shorewood City Code Relating to Genreal Health and Safety Provisions", and to waive the second reading. Motion carried by roll call vote - 5/0. Summary of Rental Housing Code for Publication Gagne moved, Brancel seconded, to approve the "Official Summary of Ordinance No. 223" for publication purposes; and to amend the date June 1, 1990 to July 1, 1990. Motion carried - 5/0. Ordinance Amendment-Christmas Lake Access ORDINANCE NO. 225 Stover moved, Brancel seconded, to adopt Ordinance No. 225 - "An Ordinance Amending Section 502.04 of the Shorewood City Code Relating to Public Nuisances within Harbor Limits" - an Ordinance restricting boats and motors over 25 hp in connection with Christmas lake. Motion carried by roll call vote - 5/0. -10- . . . COUNCIL MINUTES MONDAY. MAY 14. 1990 Page eleven STAFF REPORTS - continued ADMINISTRATOR'S REPORT School District Interest in Tax RESOLUTION NO. 45-90 Forfeited Property The Minnetonka School District has expressed an interest in the property located at approximately 26620 Smithtown Road. The are interested in acquiring this site for possible future school expansion. The Council agreed to take this off the auction but will discuss the use later. Brancel moved. Stover seconded. to adopt Resolution No. 45-90 - "A Resolution Making Application for Conveyance of Tax Forfeited Lands" for public purposes. Motion carried by roll call vote - 5/0. FINANCE DIRECTOR'S REPORT League of Minnesota Cities - Appraisal Rates of City Property Finance Director Rolek explained that the League will charge $125 for major structures, $50 for minor structures, and 10% of the total cost for "property in the open" to appraise the value of buildings owned by the City. He estimated the total appraisal cost for doing everything for the City at $1,358. Watten moved. Gagne seconded. to have the League of Minnesota Cities. through "American Appraisal". appraise the City property. Motion carried - 5/0. COUNCIL REPORTS Grass Length Brancel referred to the Sorenson property on Birch Bluff Road. She would like to have the Planning Commission look at grass length problems, and add something to the Ordinance pertaining to this. Planner Nielsen said an inspection was done on this property today _ a notice will go out tomorrow. Policy on City Records Haugen asked the Council to consider a policy on people looking at City Records that will protect the person in charge of those records. Watten moved. Brancel seconded. to establish a policy requiring that Councilmembers or others who are not employees of the City to schedule appointments to review City Records; and. that those appointments must be completed during normal business hours unless the employee responsible for that record agrees to stay after those hours to help complete the review; and. that. City records are not to be left open after business hours unless supervised by the responsible employee. Motion carried _ 5/0. ADJOURNMENT TO EXECUTIVE SESSION Gagne moved. Brancel sE;!conded. to approve'~t:e'claims for payment and adjourn the Regular Council meeting at 11: 15 PM and!:~Q" . enter an Executive Session. Motion carried -5/0. :.. -11- . e. .' COUNCIL MINUTES MONDAY, MAY 14, 1990 Page twelve GENERAL AND LIQUOR FUNDS - ACCT NO. 00-00166-02 GENERAL $ 76,070.30 LIQUOR $ 65,056.15 Checks No. 4255-4387 Payroll Checklist Checks No. 203994-204067 $ 26,139.97 $ 102,210.27 $ $ 6,109.82 71,165.97 Total EXECUTIVE SESSION The Executive Session convened at 11:20 PM. Stover moved, Watten seconded, to adjourn the Executive Session at 12:20 PM. Motion carried - 5/0. REGULAR SESSION The Regular Session reconvened at 12:20 PM. Gagne moved, Watten seconded, to adjourn the Regular session at 12:20 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED, Susan A. Niccum Assistant City Clerk Laurence E. Whittaker Administrator/City Clerk