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031191 CC Reg Min . . . . aITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 11, 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, Stover, Daugherty and Lewis, Acting City Administrator Nielsen, City Attorney Froberg, City Engineer Dresel. REVIEW AGENDA Gagne moved, Stover seconded, to approve the Agenda with the following additions: 1 . 2. 3. Councilmember Gagne added item lOA. A petition by residents of Pine Bend. to have a water feasibility study done. City Attorney Froberg added item 16 - a discussion of the TIF bond schedule. Item 16-C-2 was deleted. Motion carried - 5/0 APPROVAL OF MINUTES A. Regular City Council Meeting - February 25, 1991 Gagne moved, Lewis seconded, to approve Regular City Council Minutes of February 25, 1991. Motion carried - 4/1 (Stover abstained) B. Special City Council Meeting - March 4, 1991 Gagne moved, Stover seconded, to approve the Special City Council Minutes of March 4, 1991 with the following correction: 1. Froberg said the motion on pg. 2 of the Minutes was to adopt a Resolution including Findings of Fact for modifications to the TIF plan. The Resolution number is 22-91. Motion carried - 5/0 1 - CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 11, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 . CONSENT AGENDA Gagne moved, Lewis seconded, to approve the following Consent Agenda: A. Freeman Park Irrigation Project - Approve Payment Request No.2 B. 1990 street Improvement Project - Approve Payment Request No.2 Motion carried - 5/0 PARK COMMISSION REPORT Park Commission Liaison Vogel told the Council that the Park Commission recommends delaying the Parks Bond Referendum for the time being. He said the residents that attended the Park Referendum Hearings were very supportive of the Parks but did not think an addition to their taxes would be appropriate at this time. The Park Commission commended Park Planner Koegler for his efforts. Vogel said the Park Commission would like to have a representative present at the meeting with the Police Dept. to discuss snowmobile regulation. Brancel told him the meeting would be held April 10, 1991 at 7:00 P.M. at the City Hall. . Vogel said the Park Commission would like the Council to reimburse the Parks fund for the land used as a water treatment facility in Silverwood Park. Acting City Administrator Nielsen explained that the water treatment facility was always discussed as part of the Park. Ten thousand Sq. ft. was estimated to be needed, anything more or less than that could possiblY be adjusted. Brancel told him to prepare a report. Vogel also reported that the Commission discussed a budget for the Park Commission. Brancel told him to talk with Finance Director Rolek and determine a dollar amount. FINDINGS OF FACT - FENCE HEIGHT VARIANCE RESOLUTION NO. 25-91 APPLICANT: LOCATION: William Miller 25790 Sunnyvale Lane . Gagne explained to the Council that the Planning Commission had worked hard on the fence height section of the City Zoning Ordinance. He said two Planning Commissioners called him to discuss the Council's approval of the Miller Fence Height Variance. They felt the City 2 . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH ii, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 should delete that section of the Ordinance, rather than compromise the entire Ordinance. Councilmember Stover said there are reasons for the height requirements and that they are not arbitrary. She said the Council should reconsider it's decision. Councilmember Daugherty wanted the Council to maintain it's position in granting the variance. Councilmember Lewis did not want to rescind approval of the variance. He said the subject had been discussed at a previous Council meeting. Nielsen said the staff recommends taking the Fence Ordinance out of the Zoning Ordinance, if these kinds of variances are granted. He said the variance is not warranted. Nielsen said Miller's neighbor has a 6 ft. fence but did not obtain a building permit or variance. The Council should not approve a variance based on a violation by another resident. Daugherty said the Council should not rescind approval of the variance but educate the public. He said the Council is rehashing selected issues. Gagne moved, Daugherty seconded, to adopt RESOLUTION NO. 25-91 "A Resolution Granting a Variance to Construct a Fence. II Motion carried - 4/1 (Stover) C.U.P. TO ALLOW AGRICULTURAL USE IN THE R-1A ZONING DISTRICT APPLICANT: LOCATION: Cliff Brandhorst 27225 Smithtown Rd. Nielsen said the Planning Commission voted 4/1 to approve Mr. Brandhorst's request to construct temporary greenhouses on his property. Gagne moved, Stover seconded, to direct the City Attorney to prepare Findings of Fact granting a C.U.P. to allow agricultural use in an R- iA district for Mr. Cliff Brandhorst. Motion carried - 5/0 VARIANCE TO ALLOW TWO DWELLINGS ON ONE LOT APPLICANT: LOCATION: Dennis Clark 20880 Radisson Rd. Nielsen said the Planning Commission recommends approving the variance for Mr. Clark. - ~ . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS ~7~~ COUNTRY CLUB ROAD PAGE 4 He said the variance is similar to the variance granted Don Messenger in 1990. The certificate of occupancy is given when the old house is torn down. Stover moved. Gagne seconded. to direct the City Attorney to prepare Findings of Fact granting a variance to allow' two dwellings on one lot for Dennis Clark. Motion carried - 5/0 NOTICE TO REMOVE - EXTENSION APPLICANT: LOCATION: John Arnst 5480 Teal Circle Lewis asked Nielsen to explain the reason for the extension. Nielsen said Arnst does have a grade problem in his yard. He should probably be given another 30 days to remove his truck. Lewis said the Council should give him until May 1 as he originally asked. Lewis moved. Gagne seconded. to approve an extension of time to John Arnst to remove his truck. no later than May 1. 1991. Motion carried - 5/0 STREET LIGHT REQUEST - BIRCH BLUFF ROAD/THIRD STREET (RECONSIDERATION) Gagne said the Council approved this street light request as recommended by the Staff. however. the residents have requested a reconsideration of this decision. Stover said there is a policy for street lights and it is not arbitrary. The Planner and Engineer decide the best locations for the lights. The placement of the light in the location designated by the staff will accomplish what the resident want. She said the cost of maintaining the street lights is high. Nielsen said the neighbors could request a light from NSP. LEO MELOCHE - 26120 BIRCH BLUFF ROAD Mr. Meloche said 17 residents signed the petition requesting a street light at Third St. and Birch Bluff Road. He explained that the intersection is in a dark and dangerous spot. Many snowmobilers also use Third St. to access the lake. Lewis asked Nielsen his OPlnlon. Nielsen said the Staff's proposed light location will be on the crest of the hill on Birch Bluff Road 4 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 . because there IS a potential traffic hazard at that point. The staff felt the cars will illuminate the low spot as they go down the hill. Daugherty said it is important to have a street light policy, however, the Council should listen to resident's requests. He would like to approve the residents street light request but not change the overall policy. Lewis asked Meloche if the light is located at the proposed alternative location will the residents request a light from NSP at the low spot? Meloche said that had not been discussed with the residents. Daugherty moved. Gagne seconded, to place a street light at the intersection of Third Street and Birch Bluff Road as requested by the residents. Motion carried - 4/1 (Stover abstained) . WATER STUDY PETITION RESOLUTION NO. 26-91 Gagne said he was contacted by a group of residents to do a water study on their road. He told the residents to submit a petition. . Mr. Bill Keeler - Resident Mr. Keeler said he contacted twelve of his neighbors. Seven wanted water installed, two had just installed wells but would not oppose City water and three did not want it. He presented the petition for a feasibility study and said he would return to his neighbors with the cost per resident. Keeler said his well needs immediate repair and he would like to see the feasibility study expedited. Stover asked him is he understood that the residents will pay for the study? Keeler said he understood. . Gagne asked if the residents would pay a hook up charge to the Boulder Bridge well. Nielsen said it would depend on how the project is financed. Gagne also asked Dresel if he could give Keeler a rough estimate of the cost of the feasibility study. Dresel said the cost would be between $1500 to $2000.00. Lewis asked Dresel when he could have the study completed? Dresel said by the next meeting. Daugherty asked Keeler if this cost is in line with what he told his neighbors. Keeler said it is higher. Dresel asked Keeler if the residents had considered replacement of the street. Keeler said there hadn't been much discussion; one resident did not want trees destroyed. He asked Dresel if the water lines could be run on the side of the road. Dresel said that is more costly. ~ J . . . GITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 Gagne moved. Stover seconded. to adopt RESOLUTION NO. 26-91 "A Resolution authorizing a feasibility study. by petition. of residents of the Pine Bend area. II Motion carried - 5/0. CHURCH ROAD IMPROVEMENT PROJECT - AUTHORIZE STAFF TO MAKE OFFER ON JOHANSEN PROPERTY Nielsen gave the Council the appraisal of the Johansen property. Stover asked if this price is part of the cost estimate for the project. Nielsen said it was. Gagne moved. Stover seconded. to authorize the Staff to negotiate for the purchase of the Johansen property. Motion carried - 5/0. LIFT STATION MODIFICATIONS - LIFT STATIONS 5 AND 6. RESOLUTION NO. 27-91 A. Approve Plans and Specifications and Direct Notice to Bidders. Dresel said the previous Council had recognized that the lift stations need to be replaced. Lift stations 5 and 6 need to be replaced first, they were built in 1972. He said the money was set aside in the budget. Dresel said the new wells will be easier to operate and repair. He said OSM will advertise for bids and open them on April 4th. He will return with a recormnendation to the Council on April 8th. Daugherty asked why these are being replaced now if they have a useful life of 20 years? Dresel said Munitech has had problems with the lift stations and they should be replaced before they fai 1. Stover moved. Gagne seconded. to adopt RESOLUTION NO. 27-91 "A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Lift Station Modifications to Lift Stations No.5 and 6 and Appurtenant Works." Motion carried - 5/0 on a roll call vote. SET PUBLIC HEARING FOR ALLOCATION OF CDBG FUNDS - APRIL 8. 1991 Stover moved. Gagne seconded. to approve the Public Hearing for Allocation of CDBG funds on April 8. 1991. 6 CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 11, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 . Motion carried - 5/0 MRS. VOGEL - RESIDENT asked what CDBG funds are. Stover explained that they are funds from the County and are used for rehabilitation of homes and for the Senior Citizen Center. The funds are about $23,000. DISCUSSION RE: PARK BOND REFERENDUM - MARK KOEGLER Park Planner Koegler explained that the Park Commission had held three informational meetings regarding the Park Referendum. He said 60 people attended out of the 900 notices sent. He said that from this turnout the Park Commission recommends delaying the Park Referendum. However, they will continue to promote the Parks and educate the residents about the Parks. Brancel said she had received phone calls asking for more walking trails in the Parks. Lewis thanked Koegler for the time he spent on the project. MATTERS FROM THE FLOOR. Brancel asked three times for Matters from the Floor. . STAFF REPORTS: A. ATTORNEY'S REPORT Froberg said Springstead Inc. prepared a bond repayment schedule for the TIF revenue bonds based on a 9% interest rate. He said the accumulated surplus on the 9% schedule could be as high as $679,602 as compared to $615,774 at the 10% schedule. The principal is projected to be fully paid on 8-1-97 on the 9% schedule vs 2-1-98 on the 10% schedule He said the total interest for the period will be $390,284 on the 9% schedule vs $454,111 on the 10% schedule. SIMPLE SUBDIVISION/COMBINATION AND VARIANCE APPLICANT: LOCATION: Minnetonka Country Club 24575 Smithtown Road Mr. Jim Penberthy represented the Minnetonka Country Club. He said there exists a boundary dispute between the Country Club and the surrounding residents. They are asking for a simple subdivision and combination of certain parcels in order to resolve the dispute. A variance is required because more than three parcels are involved in the subdivision and combination. . '7 . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MARCH 11. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 Stover moved. Daugherty seconded. to direct the City Attorney to prepare Findings of Fact granting a simple subdivision/combination and variance for Minnetonka Country Club. Motion carried - 5/0 B. ENGINEER'S REPORT 1. Status of the Grant Lorenz Drainage Project. Engineer Dresel reported on the progress of the Grant Lorenz drainage project. The project will cost $51,000 and this figure does not include the cost of easements. This area has been designated preliminary storm sewer tax district * 3. The previous Council never established the perimeter of the district and left the matter for the new Council to determine. Dresel said he will meet with the neighbors but is looking for direction from the Council. He said there has been discussion among the Staff as to the number of people who should be invited, since the size of the district has not been determined. Gagne moved. Lewis seconded. to approve a meeting with the neighbors in the Grant Lorenz area to discuss the drainage project. Motion carried - 5/0. 2. Status of Badger Park Shelter Repairs. Dresel explained that the Badger Park warming house has been experiencing moisture problems over the past couple of years. Improper drainage has created the problem. The previous Council had discussed regrading the parking lot, but they decided to construct a masonry base under the current building. The City received a bid of $5200 from Studer Masonry, however, Dresel said he would like to look at more bids. Stover moved. Gagne seconded, to obtain further bids on the Badger Park warming house repair and to start construction if the bids are at or below $5200. Motion carried - 5/0. C. PLANNING DIRECTOR'S REPORT 1. Board of Review Hearing Stover moved. Gagne seconded. to set the Board of Review Hearing for April 15. 1991. Motion carried - 5/0 8 . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 11, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 COUNCIL REPORTS. A. MAYOR BRANCEL Brancel said the Council has hired a new City Administrator. James Hurm of Hales Corner, Wisconsin will take office on April 22, 1991. Mr. Hurm has a B.A. in Political Science, a M.A. in Public Administration and a M.A in Urban Management and Development. B. COUNC I LMEMBER GAGNE Gagne said 1300 questionnaires were distributed for the Senior Housing survey and 400 were returned. He said he will have more information at the March 25th meeting. C. COUNCILMEMBER STOVER Stover had nothing to report. D. COUNCILMEMBER LEWIS Lewis said he would like to start a task force to investigate the traffic situation on Radisson and Old Market Roads. He said the task force would have 3 to 5 residents and he would be liaison to the Council. The task force will obtain an independent evaluation of the intersection from a Traffic Engineer. Stover said a cross section of residents from the entire affected area should be represented. Lewis said it is important to address the traffic problems before they occur. He would like opinions brought to the Council. Brancel said she didn't see the Shady Hills area as part of the problem. Daugherty said the task force makes sense . Lewis moved, Daugherty seconded, to approve the establishment of a task force on the traffic problem at Old Market Road and Radisson Road and to return to the Council with preliminary budget estimates. Motion carried - 5/0 E. COUNCILMEMBER DAUGHERTY Daugherty had no reports. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Gagne moved, Stover seconded, to adjourn the meeting at 8:24 P.M. . GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 9 ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 11. 1991 . Checks issued since February 15, 1991 LIQUOR $ 45,327.10 TOTAL CHECKS ISSUED Checks for Council approval Checks No. 6341-6381 . . CHECK REGISTER FOR FEBRUARY 26, 1991 PAYROLL Checks no. 204928/204961 LIQUOR $2,914.05 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary ACTING CITY ADMINISTRATOR BRADLEY J. NIELSEN 1.0 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 GENERAL $ 14,813.24 $ 60,140.34 TOTAL CHECKS FOR APPROVAL $ 26,223.35 TOTAL CHECK APPROVAL LIST $ 86,363.69 GENERAL $11,908.95 TOTAL CHECKS ISSUED $14,283.00 MAYOR BARBARA BRANCEL