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061190 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 11, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Mayor Haugen called the meeting to order at 7:30 PM. PLEDGE OF ALLEGIANCE Mayor 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, Finance Director Rolek. Haugen read a letter from Coldwell Banker saying that they would be placing flags on the lawns around the City the evening of June 13th to commemorate flag day. Haugen said if residents objected they should call Coldwell Banker. AGENDA REVIEW Gagne moved, Watten seconded, to approve the Agenda with the following amendments: 1, Add Planning Commission Report as item 3 B on the Consent Agenda and the Park Commission Report as item 3 C. 2. Delete item 4 D. 3. Item 18 C is an update on the Hanson/Wittmar lawsuit. 4. Item 18 E no. 3 is the agenda for the workshop and item 4 is a discussion of the Block Grants. Motion carried - 5/0. APPROVAL OF MINUTES Brancel moved, Gagne seconded,to approve the Minutes for the Council Workshop of May 7, 1990 with the following amendment: 1. Change page 6, paragraph 2 (add if). Motion carried - 5/0. Brancel moved ,Gagne seconded,to approve the Regular Council Meeting Minutes of May 14, 1990 with the following amendment: 1. Page 6,paragraph 4, should read (they all approve). Motion carried - 5/0. MAYOR HAUGEN - QUESTIONS 1. Mayor Haugen asked Planner Nielsen if he had the paperwork from Mr. Prescher at Plumbline Bldr. He said they received the paperwork, but it was inadequate. Attorney Froberg stated that, subsequently, the paper work had come in and the easements were obtained. The Resolution was released on Friday, June 8, 1990. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 11, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 2. Haugen asked Administrator Whittaker if he had received an estimate for the fencing around Manor Park from Public Works Director Dradzil. He said he had not. 3. Haugen asked Whittaker about Brackets Rd. Mr. Whittaker said they had drafted a letter to the responsible party and asked them to repair the road before the street overlay project begins. CONSENT AGENDA Gagne moved, Stover seconded. the approval of the Consent Agenda, approving a street light request at Strawberry Lane and Peach Lane. Motion was carried - 5/0. PLANNING COMMISSION REPORT Councilmember Stover explained that a number of Planning Commission items would be on the agenda later. Stover said that the Commission was concerned about the condition of Timber Lane. Engineer Norton indicated that he had looked at the road and decided not to proceed with any rebuilding at this time because it will require extensive work. It is still on his agenda. Stover said the Planning Commission would be working on an Ordinance to restore forested areas and require replacement of trees that are cut. SIMPLE SUBDIVISION/LOT AREA VARIANCE - DONALD MULLENBACH RESOLUTION NO. 49-90 Stover moved, Gagne seconded, to adopt RESOLUTION NO. 49-90. "A Resolution Approving a Simple Subdivision and Lot Area Variance for Donald Mullenbach." Motion carried - 5/0 on roll call vote. CONDITIONAL USE PERMIT - RICHARD GAY RESOLUTION NO. 56-90 Gagne moved, Watten seconded, to adopt RESOLUTION NO.56-90." A Resolution Granting a Conditional Use Permit for Additional Accessory Space For Richard Gay." Motion carried - 5/0 on roll call vote. ACCEPTANCE OF IMPROVEMENTS - BRENTRIDGE RESOLUTION NO. 54-90 Stover moved, Gagne seconded, to adopt RESOLUTION NO. 54-90. "A Resolution To Accept Improvements in the Plat of Brentridge." Motion carried - 5/0 on roll call vote. OH) . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 11, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 PAYMENT VOUCHER NO. 3 AND FINAL PAYMENT/ RESOLUTION ACCEPTING STREET OVERLAY AND APPURTENANT WORK,PROJECT NO. 89 - 1. RESOLUTION NO. 55-90 Brancel moved, Gagne seconded, to adopt Resolution No. 55-90. "A Resolution Authorizing Final Payment for Street Overlay and Appurtenant Work, Project 89-1." Motion carried - 5/0 on roll call vote. MINNETONKA SCHOOL DISTRICT REQUEST FOR TAX-FORFEITED PROPERTY PRESENTER: TOM BERGE LOCATION: SMITHTOWN RD. RESOLUTION NO. 50-90 Tom Berge, Director of Business Services, Minnetonka Schools presented a proposal from the Minnetonka School District to purchase the tax- forfeited property adjacent to Minnewashta School. He requested that the Council remove this property from the tax- forfeit list and authorize sale of the property to the District for expansion of the schoo I . Stover questioned the ownership of the adjacent property. Mr. Berge said the School District's attorney had reviewed the title and there was no question the land belongs to the District. Stover asked if the property owners surrounding the school knew about this purchase? Mr. Berge felt there would be no impact on them. The school would expand to the playground area behind the existing school. Haugen asked who would get the proceeds from sale? Froberg stated that after the sale the prior taxes are cancelled. The money would be distributed between the city, county and school district. Planner Nielsen asked if the ownership of property. had been resolved with the county, as far as changing maps? Mr. Berge stated that it has been turned over to their attorney. Nielsen explained that the school expansion will require a C.U.P. so that everyone within 500 ft. of the site will be advised of the plans. Stover moved, Gagne seconded, to adopt RESOLUTION NO. 50-90. "A Resolution Approving the sale of tax- forfeited property PID NO. 32- 117-23-24-0011 to the Minnetonka School District . Engineer Norton stated that the property has been identified as possible site for a water tower. Stover asked if we can retain one acre and sell 9 acres? Froberg stated that the property would have to be split and the county would have to approve this. This would also be true of an easement. Gagne did not want to hold- up sale of property. Haugen requested that Mr. Berge inform the School Board that the water tower location was a concern of the Council. Councilmember Watten felt the water tower should be part of the Resolution. Froberg explained that the Resolution should only address the sale of the property and the water tower site be mentioned in the minutes. Motion carried - 4/1 (Watten) on roll call vote. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 11, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 . APPEAL NOTICE TO REMOVE APPLICANT: EDWARD L. MOE LOCATION: 4990 SUBURBAN DRIVE Mr. Moe appeared and requested an extension of time to remove material from his property. Gagne moved, Stover seconded, to grant a 30-day extension to remove the offensive material. Motion carried - 5/0. APPEAL NOTICE TO REMOVE APPLICANT: JOHN O. CHAMBERS LOCATION: 24560 SMITHTOWN ROAD Mr. Chambers appeared and asked to keep the material on the property. He had sold property to the Legion with the stipulation that he could store equipment on the property. Some of his equipment could be stored in a building on the property. The Council said addition outside storage was not permitted. Gagne moved, Brancel seconded, to grant a 30- day extension to remove the offensive material. Motion carried - 5/0. . SETBACK VARIANCE APPLICANT: TOM HARRIS LOCATION: 4715 LAKEWAY TERRACE Stover indicated that the Planning Commission had recommended approval of this variance. Gagne moved that the Attorney prepare Findings of Fact for the approval of this variance. Stover seconded. Motion carried - 5/0. Gagne moved,Stover seconded, to authorize the Planner to issue a building permit if all proper plans and specifications have been received, prior to the Findings of Fact. Motion carried - 5/0. Gagne requested a study session on issuing building permits prior to final Council action on the Resolution. SIMPLE SUBDIVISION/COMBINATION RESOLUTION NO. 51-90 APPLICANT: SHOREWOOD OAKS DEVELOPMENT LOCATION 5715 BRENTRIDGE DRIVE & 5695 HOWARDS POINT ROAD Stover reported that the Planning Commission had recommended this subdivision. Watten moved, Stover seconded to adopt RESOLUTION NO. 51-90. "A Resolution Approving a Simple Subdivision and Combination of Real Property for Dave Johnson (Shorewood Oaks Development, Inc.) ." Motion carried - 5/0. . GOOSE ROUNDUP - REQUEST Stover said some Enchanted Island residents did not want a goose roundup. Gagne moved,Brancel seconded, to approve a request to roundup geese at two sites; Christmas Lake and Timber Lane at $1000 per site. Motion carried - 4/1 (Watten). . ~ . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 11, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 REQUEST FOR PARTICIPATION WITH JULY 4 CELEBRATION COST Gagne moved, Brancel seconded, to donate $1000 for Excelsior, July 4 celebration. Motion carried - 5/0. LMCD COMPREHENSIVE PLAN - ROBERT RASCOP RESOLUTION NO. 52-90 Mayor Haugen read a letter from the City of Greenwood which stated that they thought the LMCD Comprehensive Plan was flawed. Robert Rascop presented the LMCD's Comprehensive Plan. He stated that they are already a taxing authority. They can levy 1 mill. They propose to extend this tax to all of Hennepin County and parts of Carver County. Haugen indicated that many citizens of Shorewood and many of the other lake cities feel this would be double taxation for the lake cities. Rascop said that would not be true. Stover brought up the subject of user fees as another way to tax. Mr. Rascop stated that some sort of boat sticker could also be used but the DNR has said they oppose any agency but the DNR licensing boats. Gagne said that he had read all of the responses and most of them were negative. He felt,however,that as one city out of 14 Shorewood would have to give a little in order to make the LMCD work or another authority would take over from LMCD and diminish City control. Mr. Rascop said that the LMCD was not looking for any increased authority over the cities, only enforcement of the current shoreline provisions. They would like to comment on any variances and make agreements with other agencies for enforcement of existing rules. Haugen felt that the mayors of the various cities were not heard at the LMCD meetings. The mayors thought that there should be a provision for recall of LMCD representatives in the bylaws of the LMCD; so that City's had some control over LMCD policies, philosophy and actions. LMCD is proposing new membership for Hennepin County, Minnehaha Creek Watershed District and Hennepin County Parks. Stover was concerned about Hennepin County having two votes, effectively, as they appoint the the Watershed District managers. Administrator Whittaker indicated that Shorewood had no problem with any of the regulations and that cooperation among the cities around the lake would be to everyone's benefit. Any further questions for the LMCD should be given to Mr. Whittaker before Monday June 18, 1990. Whittaker advised the Council of the concern other cities have about the DNR determination of lake area, which is used to determine the number of boats per acre of lake surface. They want the DNR to use the same standard on Minnetonka as other Metropolitan lakes. Motion by Gagne,Stover seconded, to adopt RESOLUTION NO. 52-90. "A Resolution Approving the Long Range Management Plan of the LMCD, with the provision that the LMCD use the same DNR surface standard on Minnetonka as that used on other Metro lakes." Motion carried - 5/0 on roll call vote. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 11, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 APPROVAL OF STATE AID AGENCY AGREEMENT RESOLUTION 53-90 Attorney Froberg stated that the State Aid Agency Agreement must be filed to get Federal assistance for purchases through the State. Shorewood is authorizing the State to apply for the funds, as our agent, for computer equipment. Gagne moved, Brancel seconded, to adopt RESOLUTION NO. 53-90. "A Resolution Approving the State Aid Agency Agreement". Vote - 5/0. APPROVAL OF CONTRACT WITH PRECISION COMPUTERS Brancel asked if there would be additional costs for the training of personnel. Finance Director Rolek said all anticipated training was included in the proposal. All personnel would be trained at the same time. There is a 90 day warranty on equipment followed by a maintenance agreement. Stover asked if there were any other costs involved. Rolek stated that all costs had been anticipated as much as possible. However, he recommended a contigency for those not anticipated. Brancel moved, Gagne seconded to approve the contract with Precision Computers. . Motion carried - 5/0. COMPUTER CONTINGENCY Stover moved, Watten seconded to appropriate not more than $7000 for contingencies and consulting with Chapel Consulting, Inc. Motion carried - 5/0. SALE OF SYSTEM 36 Watten moved,Gagne seconded, to authorize the staff to sell the System 36 computer equipment at a price not less than $4000.00. Motion carried - 5/0. ZONING ORDINANCE AMENDMENT - ACCESSORY BUILDINGS - ORDINANCE 226 The Planning Commission recommended the approval of zoning ordinance amendments for a accessory buildings. Gagne moved, Watten seconded, to adopt, ORDINANCE NO. 226. Ordinance Amending Chapter 1201 of the Shorewood City Code Zoning Regulation, for Accessory Buildings," and waive the reading. Motion carried - 5/0. "An Relating to second ZONING ORDINANCE AMENDMENT - FENCES - ORDINANCE 227 Council agreed to accept the Planning Commission's recommendations to amend the Zoning Ordinance on fences. Brancel moved, Gagne seconded, to adopt ORDINANCE NO. 227, "An Ordinance Amending Chapter 1201 of the Shorewood City Code relating to Zoning Regulation, for Fences", and waive the second reading. Motion carried - 5/0. MATTERS FROM THE FLOOR None i..... . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 11, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 PLANNERING DIRECTOR'S REPORT COMPLAINT FOLLOW-UP: LARRY JOHNSON. Planner Nielsen said that very little progress had been made and Public Works would be directed to clean up the site. BERNIE EISENREICH, much progress had been made and the site was being cleaned uP. DISCUSSION OF HIGHWAY BARRIERS AT CHRISTMAS LAKE The barrier would be a J barrier with decorative south side. Pictures of the barrier were shown. seconded, to approve the barrier, as proposed by carried - 5/0. ROAD INTERSECTION. treatment on the Watten moved, Gagne Mn/DOT. Motion ATTORNEY'S REPORT Attorney Froberg reported the plaintiffs have appealed the verdict reached by the Court in the matter of Hanson/Wittmer vs. City of Shorewood, et AI. ENGINEER'S REPORT Engineer Norton reported that: CELLULAR ONE will be installing the equipment building and antennae on the water tower soon; and CBI/NaCON had completed the erosion control work near the water tower and could be paid as soon as Zdrazil approved the work. ADMINISTRATOR'S REPORT OPTION ON BISHOP PROPERTY Whittaker reported that Mr. Bishop has refused to discuss the sale of his property to the City. Public Works Director Zdrazil had approached him, also, with no more success. Nielsen advised the Council that Mr. Bishop and adjacent property owners would be notified of the hearing on the C.U.P. to use the site for a Public Works garage and that the property could be condemned after the C.U.P. is approved if Mr. Bishop does not agree to sell it. PERMIT FOR SOFTBALL TOURNAMENT, FREEMAN PARK SOFTBALL TOURNAMENT Whittaker reported that the Excelsior Softball League had requested a permit for a softball tournament June 22-24 in Freeman Park and permission to operate a concession stand during the tournament. Watten moved, Gagne seconded. to approve the contract for the softball tournament for the Excelsior Softball League for June 22-24,1990, in Freeman Park's two finished fields. Motion carried - 5/0. "7 . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 11, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 Haugen expressed her concerns about concessions in the parks. The Council agreed to ask the Park Commission for a recommendation on future operation of such facilities. The Council agreed to permit a concession stand, located in the parking lot, for this tournament on a trial basis subject to the approval of Public Works Director Zdrazil and a deposit and insurance from the league. COUNCIL WORKSHOP Wednesday June 20,1990 8:00 PM. Workshop to discuss TIF and letter from Excelsior on TIF. CDBG GRANTS Block Grant funds: No discretionary funds will be available in 1990- 91. So the City Housing Rehabilitation Program will stay at 1989-90 levels. COUNCIL REPORTS Councilmember Brancel inquired about grading on Yellowstone Trail and the traffic island at the Shorewood Shopping Center. Whittaker said he would work with the builders concerning the grading on Yellowstone Trail. Whittaker also said a letter was being sent advising the Center that the City did not own the right-of-way and that they would have to work out an agreement with Mn/DOT to repair or replace the island at Shorewood Center. Councilmember Gagne said he attended the Minnehaha Creek Watershed meeting to discuss the Glen Road drainage project. They would not object to deeper ponds at the downstream of the project. Gagne also commented on elderly housing. He has arranged for a speaker from Real Life Development to meet with the Council on July 16,1990. The Council agreed Councilmember Stover should attend the GTS workshop on TIF June 27th. ADJOURNMENT SUBJECT TO PAYMENT OF CLAIMS Brancel moved, Gagne seconded, to adjourn the meeting at 11:25 PM, subject to the payment of claims. Motion carried - 5/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks No.4388-4462 GENERAL $70,977.86 LIQUOR $50,682.97 TOTAL CHECKS ISSUED $121,660.83 Checks No.4463-4537 TOTAL CHECKS FOR APPROVAL $104,278.89 TOTAL CHECK APPROVAL LIST o . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES, JUNE 11, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 $225,939.72 PAYROLL REGISTER Checks No.204068/204102 TOTAL PAYROLL GENERAL $2814.10 $15,890.28 GENERAL $13,052.22 $16,024.42 LIQUOR $2,972.20 LIQUOR $3,076.18 PAYROLL REGISTER JUNE 6 Checks No.204103/204142 TOTAL PAYROLL RESPECTFULLY SUBMITTED, Katie Snyder Recording Secretary ADMINISTRATOR/CLERK LAURENCE E. WHITTAKER