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022591 CC Reg Min . . . CITY OF SHOREWOOD 'CITY COUNCIL MEETING MONDAY, FEBRUARY 25, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Mayor Brancel called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Brancel, Councilmembers Gagne, Daugherty and Lewis. Acting City Administrator Nielsen. City Attorney Froberg, City Finance Director Rolek, City Engineer Dresel. Absent: Councilmember Stover REVIEW AGENDA Gagne moved, Lewis seconded, to approve the Agenda with the following corrections: Mayor Brancel asked that Councilmember Lewis name be listed first on the roll call. She also asked that item *6 be moved to item * 14A. Motion carried - 4/0 APPROVAL OF MINUTES A. Regular City Council Meeting - February 11, 1991 Gagne moved, Lewis seconded, to approve the City Council Minutes of February 11, 1991 with the following corrections: 1. Pg. 8 - third paragraph from the bottom. Brancel asked Steiner to limit his comments to three minutes. 2 . Pg. 13 - 7th paragraph from the top. Councilmember Lewis asked that the following clarification be added to the minutes. The frontage road to Vine Hill and the Watermain extension have been eliminated from the bond contraot. These are costs the City will have to pay to complete this project. The State aid money of $216,000 has been deducted from the total cost of the bond oontract without guarantees from the developer to include this amount in the event the State reduoes the aid commitments. If the State does reduce the $216,000 oommitment, the City will absorb the 1 CITY OF SHOREWOOD 'CITY COUNCIL MEETING MONDAY. FEBRUARY 2~. 1991 COUNCIL CHAMBERS ~7~~ COUNTRY CLUB ROAD PAGE 2 . cost difference of that reduction in this proposed bond contract. 3. Acting Administrator Nielsen told the Council that the resolution numbers are incorrect. The first resolution should be number 10 and proceed from there. Motion carried - 4/0 B. Regular City Council Meeting - February 11, 1991 (Adjourned Session Held on February 13. 1991) Gagne moved, Lewis seconded, to approve the City Council Minutes (adjourned session held on February 13. 1991.) Motion carried - 4/0 CONSENT AGENDA Gagne moved, Daugherty seconded. to approve the following Consent Agenda: A. Approve Dock Licenses . Motion carried - 4/0 PARK COMMISSION REPORT Park Commission Liaison Vogel reported to the Council regarding the Park Commission meeting of Feb. 19. 1991. Vogel said the Commission discussed the use of Freeman Park for the Spring Cleanup. He said the Park Commission does not recommend using the Park for this purpose. They suggested using curb-side pickup, use other property for this purpose or consider omitting the cleanup. Vogel reported that the Park Commission has held public meetings to discuss the proposed Park Referendum. The sports organizations were very excited about the referendum but few of the organizers live in Shorewood. Fifteen people attended the meeting for the residents of the east side of Shorewood. Of these 15. 9 voted yes for the referendum. 3 no and 3 undecided. The next meeting for the west side of Shorewood will be held Feb. 26. 1991 at the Minnetonka Intermediate School. Vogel asked the Council if the Park Commission should survey residents concerning the Snowmobile Ordinance? The Council said it was not necessary. . Vogel asked the Council to approve authorization for Park Planner Koegler to spend about $300 to research the purchase of the Wagner property adjacent to Freeman Park. ~ ~ . . . CITY OF SHOREWOOD 'CITY COUNCIL MEETING MONDAY. FEBRUARY 25. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 Councilmember Gagne asked if anyone has talked to the owner about this proposal. Vogel said the Commission had heard he might be interested in selling. Councilmember Daugherty asked where the property was located. Vogel said the property is on the right side of the road as yOU turn off Highway 7. Gagne moved. Lewis seconded. to approve up to $300 to research the purchase of the Wagner property adjacent to Freeman Park. Motion carried - 4/0 FENCE HEIGHT VARIANCE (Postponed from February 11 Meeting) APPLICANT: LOCATION: William Miller 25780 Sunnyvale Lane Mr. Miller requested a variance to the fence height requirements of the Zoning Ordinance. Miller erected a five foot fence. in an area that was previously a garden. to contain his two dogs. Since this area is within the 35 ft. setback from the street. the fence is limited to four feet. Planner Nielsen recommended the variance be denied because reasonable use can be made of the property without the variance. There is ample room to erect a six foot fence. if he relocates the dog pen. Mr. Miller did not apply for a permit to erect his fence. Miller presented pictures and diagrams to the Council to show that he lives on a corner lot. Because of this situation. his yard has more setback requirements. It would be difficult to relocate the pen because the rest of the yard is being used for other things. Brancel asked Nielsen is he had any comments. He said he had nothing to add. Gagne said there have been complaints about his dogs. Miller said there had been some complaints about his dogs but subsequently it was found there were people in the yard. There have been burglaries and vandalism in the area. The Chanhassen animal patrol found no problem with his dogs when they drove by his house and the dogs are only out when someone is home. Gagne said he had no problem with the fence height variance. Daugherty agreed. Councilmember Lewis asked Miller why he did not respond to the Planning Commission. Nielsen said he did not appear at the second Planning Commission meeting. Miller said he had the impression it was not necessary. Gagne moved. Daugherty seconded. to approve the preparation of Findings of Fact for a variance to the Fence Height Ordinance for Wi 11 iam Miller. ~ ."', CITY OF SHOREWOOD 'CITY COUNCIL MEETING MONDAY. FEBRUARY 25. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 . Motion carried - 4/0. FREEMAN PARK PUMP HOUSE BUDGET Nielsen said the previous Council had authorized $2000.00 for the erection of a masonry building at Freeman Park to house the pump for the irrigation system. The Council chose a masonry building because of the concern about vandalism in the park. He said the low bid on the project is $3000.00. The Council will need to authorize an additional $1000.00 for the project. Lewis asked how the Council determined the $2000.00 figure. Nielsen said it was an estimate. Daugherty asked if a wood and masonry building could be built for the $2000.00 to keep the cost down. Lewis also said the $3000.00 cost was high. Gagne said the building will hold all the controls for the irrigation system. Brancel said the masonry will protect the instruments from vandalism. Gagne moved. Brancel seconded. to approve and additional $1000.00 for construction of a pumP house at Freeman Park. . Daugherty said the Council should take one more look at a less expensive structure. Nielsen said he would look into it. Gagne and Brancel withdrew their motion and the Council instructed Nielsen to look at other alternatives for the pump house building, LMCD REPORT - ROBERT RASCOP . Robert Rascop, the LMCD representative for Shorewood, explained the objectives of the LMCD to the new Councilmembers. He said the Lake Minnetonka Conservation District was created by the State Legislature 27 years ago to manage Lake Minnetonka for the 14 cities surrounding the lake. Each representative is appointed for a 3 year term. The LMCD is currently working on a Comprehensive Plan for the lake. Eight cities have passed a resolution opposing the plan, especially the shoreline development provisions. Rascop said the Cities that object are primarily the cities that have a high density on the lake. He said the DNR has said that Cities with lakes in their boundaries must develop a shoreline plan. The LMCD is trying to draw up these regulations for the lake. Rascop said the budget for the LMCD is levied among the 14 cities. Gagne asked how the milfoil problem is being handled. Rascop said the budget for the harvesting is set but funding is a problem. The harvesting will be run more smoothly this year. This is only maintenance, it will not solve the problem. 4 . . . CITY OF SHOREWOOD 'CITY COUNCIL MEETING MONDAY. FEBRUARY 25. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 RESIDENT - MRS. VOGEL Mrs. Vogel asked if the residents of Minneapolis are helping to pay for the cost of maintaining Lake Minnetonka. Rascop said Hennepin County contributes approximately $400,000 toward maintenance of the Lake and the DNR contributes 2 full time officers and part time officers to patrol the lake in the summer. SHADY HI4LS DRAINAGE PROJECT RESOLUTION NO. 20-91 RESOLUTION NO. 21-91 A. Approve Plans and Specifications and Direct Notice to Bidders (Plans and Specifications Available for Review at City Hall) Engineer Dresel presented an overview of the Shady Hills project. The project was initiated because Rev. Almquist had water draining into and through his house from the surrounding area. A feasibility study was done and it was determined that it would cost $35,000 to remove the existing sewer and replace it. This project created the City's first Taxing District. All property in the drainage area is taxed on an Ad Valorem basis because it is difficult to prove benefit to each resident with a drainage project. The average tax per parcel is $1000 but the actual tax is calculated on an ad valorem basis. Dresel said the timetable for the project will be as follows: 1. 2. 3. 4. for plans and specs. in March. open bids. ask for Council approval. approximate completion date. Advertise April 4 - April 8 - May 20 - Gagne moved. Lewis seconded. to adopt RESOLUTION NO. 20-91 "A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Construction of Shady Hills Drainage System. II Motion carried - 4/0. B, Order Improvement Gagne moved. Daugherty seconded. to adopt RESOLUTION NO. 21-91 "A Resolution Ordering Local Improvements Shady Hills Drainage system. II Motion carried - 4/0. DISCUSS LEASING SPACE FOR PUBLIC WORKS DEPARTMENT Nielsen said he asked the Tonka Bay administrator to present Shorewood's proposal to the Tonka Bay Council. The Council was cool to the idea. especiallY the use of outdoor storage. They were also concerned about the loss of tax base of about $3000 per year. if the City bought the property. c' ...J . . A. . CITY OF SHOREWOOD -CITY COUNCIL MEETING MONDAY, FEBRUARY 25, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 Gagne asked if the Hanus company would be willing to lease with a buy- out provision. Daugherty said the Financial Advisory Board advised making a comparison between leasing the Hanus building and building on the City's own site. Finance Director Rolek said that without a buy-out provision, a lease would not be financially feasible. MR. HANUS - Hanus said his company would not be interested in a lease with a buy-out for the next five years. The Council advised Nielsen not to pursue the matter. MATTERS FROM THE FLOOR. Brancel asked for matter from the floor. PAUL KRUEGER - said he would like to discuss the use of Freeman Park for the spring clean-up. Brancel asked two more times for matters from the floor. STAFF REPORTS: ATTORNEY'S REPORT 1. Status of Kennelly Administrative Hearing City Attorney Froberg said that on Feb. 11, 1991, the Council approved hearing the termination appeal of Sandra Kennelly before an Administrative Hearing Officer. He contacted the State Office of Administrative Hearings and arranged for a hearing to be held on April 24, 1991 at 9:00 A.M. before Mr. John L. Lundy, in the Council Chambers of the Shorewood City Hall. A pre-trial hearing will be held on April 2, 1991 at 10:00 A.M. Mr. Mark Kelly, Kennelly1s attorney, was notified and is agreeable to the time and place of the hearing. B. ENGINEERIS REPORT 1. Status of Lift Station Improvements Engineer Dresel said the lift station improvements are part of the 1991 budget. The rehabilitation plans for lift stations 5 & 6 are in the process of quality control at Orr. Schelen Mayeron. They will advertise for bids on March 11 and open bids about April 4. 2. Status of Sewer Televising/Cleaning/Rehabilitation Visu-Sewer has completed it's 1990 contract for televising the sewers. This is an ongoing project. They clean and 6 CITY OF SHOREWOOD .CITY COUNCIL MEETING MONDAY. FEBRUARY 25. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 . televise the pipes joint to joint and pressure test the pipes and grout the joints if they fail. Their reports on the pipes can help the City cut it's costs with the Metropolitan Waste Commission. 3. Status of Glen Road Drainage Project Dresel explained the history of the Glen Road project. He said the area has been established as a storm sewer Taxing District. At the Dec. 28th City Council meeting the Engineer was told to inform the Minnehaha Creek Watershed District to proceed with their evaluation. OSM was told to update the Feasibility Report and ask the MCWD for a permit to proceed. Dresel asked the Council if they still wished to proceed in this manner. He said a large portion of the cost of the project was to obtain easements. The Council indicated they wanted Dresel to update the Feasibility Report for cost and obtain a permit from the MCWD. He said it would take about a month. C. PLANNING DIRECTOR'S REPORT . 1. Schedule Spring Cleanup Nielsen asked the Council to establish a date for the Spring Clean Up. He told the Council he had looked into the curb-side pick up in Excelsior. The cost of curb-side pickup is billed to the resident's utility bill. He said last year's cost for the spring clean-up was $24,000, only $6000 was received in fees. Gagne asked if curb-side would be feasible in Shorewood. Nielsen said he would check into it. Lewis and Brancel agreed that the clean-up at Freeman Park is getting out of hand. Lewis said he agrees with the Park Commission that it is not a proper use of park land. PAUL KRUEGER - 6015 BURLWOOD COURT . Mr. Krueger said his land abuts the clean-up area in Freeman Park and he would not have purchased the house if he had known about it. He has asked the Council not to use the land for the clean- up and is asking them again. He feels it is not a good use for the park. The City should have a curb-side pick-up or not have a clean-up. 7 . ' . . . CITY OF SHOREWOOD . CITY COUNCIL MEETING MONDAY, FEBRUARY 25, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 KATIE SNYDER - 5985 EUREKA ROAD Snyder also agreed with Mr. Krueger and said the Park should not be used for dumping. The clean-up site is often abused. Gagne said he did not want to see the clean-up stopped completely. but to investigate other ideas. The Council agreed to investigate other alternatives to the use of Freeman Park as a clean-up site. COUNCIL REPORTS. A. MAYOR BRANCEL Brancel said the City Council meetings will be televised on Cable Channel 21 instead of 20. B. COUNCILMEMBER GAGNE Gagne reported that the Seniors had visited three housing sites and questionnaires have been sent to area residents for their input on Senior Housing. D. COUNC I LMEMBER LEWI S Councilmember Lewis had nothing to report. E. COUNCILMEMBER DAUGHERTY Daugherty asked Nielsen if a study could be done to alter the traffic on Radisson Road. Nielsen and Oresel said they would pursue the matter. ADJOURN TO EXECUTIVE SESSION - PENDING LITIGATION- TRIVESCO LAWSUIT Brancel adjourned the meeting to Executive Session at 8:28 P.M. RECONVENE REGULAR COUNCIL MEETING Brancel reconvened the Regular City Council meeting at 9:23 P.M. She said Trivesco served the City with a lawsuit alleging breach of contract. She said the City is negotiating with Trivesco. MODIFICATIONS TO WATERFORD TIF PLAN (Tabled from February 11 Meeting) Brancel said the Council will postpone discussion of modifications to the TIF plan to Feb. 28. 1991. Gagne moved, Lewis seconded, to continue discussion of the modification of the TIF plan to the Feb. 28, 1991 meeting. Motion carried - 4/0 8 CITY OF SHOREWOOD ... ' . .- CITY COUNCIL MEETING MONDAY, FEBRUARY 25, 1991 . . . ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 Gagne moved, Daugherty seconded, to adjourn the meeting to 7:00 P.M.. Feb. 28, 1991. subject to the payment of claims. Motion carried - 4/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since February 11, 1991 LIQUOR $39,423.73 TOTAL CHECKS ISSUED Checks for Council approval Checks No. 6258/6291 CHECK REGISTER FOR FEBRUARY 12, 1991 PAYROLL Checks no. 204885/204927 LIQUOR $3,118.32 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary 9 GENERAL $115,641.87 $155,065.60 TOTAL CHECKS FOR APPROVAL $ 79.843.55 TOTAL CHECK APPROVAL LIST $234,909.15 GENERAL $12,450.70 TOTAL CHECKS ISSUED $15,568.70