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040891 CC Reg Min f CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, APRIL 8, 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 Finance Director Rolek, City Engineer Dresel. REVIEW AGENDA Gagne moved, Daugherty seconded, to approve the Agenda with the folloWing corrections: Nielsen said item 8 is postponed until April 22 and he added a discussion of the S.E. Area Water Treatment Plant after item 10. . Motion carried- 5/0. APPROVAL OF MINUTES A. Special City Council Meeting - March 4, 1991. Gagne moved, Stover seconded, to approve the March 4, 1991 Minutes. Motion carried - 5/0. B. Regular City Council Meeting - March 25, 1991 Lewis moved, Daugherty seconded, to approve the March 25, 1991 Minutes. Motion carried - 4/1 (Gagne abstained). CONSENT AGENDA RESOLUTION NO. 34-91 RESOLUTION NO. 35-91 . Stover moved, Gagne seconded, to approve the following Consent Agenda items: A. Adopt RESOLUTION NO. 34-91 "A Resolution Accepting Sewer relevising and Rehabilitation Work - Project 90-1" 1 c . . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. APRIL 8. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 B. Adopt RESOLUTION NO. 35-91 "A Resolution Accepting Bid for Modifications to Lift Stations No.5 and 6 - Project 91-3." C. Donation - Hennepin County Fair Motion carried - 5/0 on a roll call vote. PLANNING COMMISSION REPORT Planning Commission Liaison Stover said the Planning Commission agenda has been postponed. She explained that the Planning Commission would like to meet with the Council to discuss variances. Mayor Brancel said she would like to wait until the new administrator is present. AMEND WATER TOWER SITE CONSTRUCTION AGREEMENT CELLULAR ONE RESOLUTION NO. 36-91 City Engineer Oresel explained that the previous City Council required Cellular One to obtain the approval of Chicago Bridge and Iron before the new antenna can be installed on the water tower. This request should state that the new antenna pose no threat to the water tower. Dresel said CBI has changed their stance and will no longer approve another firm's designs._A letter was received from CBI stating that the design and details were of good engineering practice and suitable for the type of structure proposed. However, the letter does not give full acceptance of the proposal. Oresel recommended the Council modify their previous resolution to allow acceptance of the project based on AEC'S engineering design, provided it is signed by an engineer registered in the State of Minnesota. The occupancy permit will be contingent upon the final acceptance of these plans, a final inspection by OSM, and a letter from AEC stating that the final construction was in accordance with their plans and specifications. Gagne moved. Stover seconded. to adopt RESOLUTION NO. 36-91 "A Resolution approving an amendment to the Water Tower Antenna Site Construction Agreement subject to approval by the City Engineer." Motion carried - 5/0 Gagne asked if the rent charged Cellular One was set aside for the maintenance of the water tower. Finance Director Rolek said it was not but it can be done. SETBACK VARIANCE/VARIANCE TO EXPAND A NONCONFORMING USE APPLICANT: LOCATION: Herb Mason 27010 Edgewood Road :~ , CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. APRIL 8. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 . Planner Nielsen explained that in 1989 Mr. Mason applied for an after- the-fact variance and building permit for a gazebo on his property. The Council referred the matter to the Planning Commission for review of the Zoning Ordinance provisions pertaining to nonconforming use of property. The Planning Commission voted to leave the provision as currently written. They confirmed this opinion at their April 2, 1991 meeting. Nielsen said there are two dwellings on the property and a shed. The previous council had considered requiring the shed to be demolished in exchange for the gazebo, but nothing was decided. Nielsen said if the current variance is denied, no other buildings will need to be demolished. He said there is a similar case which the City is now litigating. If this variance is allowed, a precedent may be set which will affect the court case. Councilmember Gagne said the Council has heard many matters regarding gazebos in the past few years. He said the Council should follow the guidelines and require residents to comply or not have guidelines. The Planning Commission has become frustrated with these situations. Councilmember Stover said most people can build gazebos. These guidelines are for the protection of neighborhoods. She advocates following the guidelines and supports denial of the variance. . Brancel said the two dwellings on the lot were grand fathered in when the Ordinance was established. ~he said if one dwelling were demolished, the restrictions will be lifted. Councilmember Lewis asked if Mason owned or rented the dwellings. Nielsen said the dwellings are old cabins and are rented. He said Mason has already made reasonable use of the property. Stover said the idea behind the Ordinance is to encourage conformity. City Attorney Froberg said the City is currently litigating a resident for failure to remove a gazebo and if the Council approves the Mason request they will be prejudicing the case against this resident. Councilmember Daugherty said it is important to follow the Ordinances and guidelines, but the Council must make the final decision. Lewis asked if memos are put in the Shorewood newsletter to inform the residents of the Ordinances. Nielsen said they are informed every spring of the building requirements. Lewis said residents should be aware that illegal structures can be torn down. . :~:; c.r TY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, APRIL 8, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 . Stover moved, Gagne seconded, to instruct the City Attorney to prepare Findings of Fact to deny a variance for Herb Mason because there is no hardship and their is a nonconforming use of the property. Motion carried - 5/0 PROPOSED SALT SHED - PRELIMINARY GRADING PLAN/AUTHORIZE SOIL BORINGS Dresel said the preliminary grading plan was done with idea that there would be two parcels of land in the site. However, there will be addition work to grade only the westerly site. There will be an excess of soi I. Dresel said he would like to take soil borings to determine what kind of soil is at the site. After the tests, they plan to grade only the site of the salt shed at this time. Lewis asked if $2000 was a reasonable price for soil borings. Dresel said they had to bore to a depth of 20-25 ft. Stover moved, Gagne seconded. to approve soil borings at the new Public Works site at a cost not to exceed $2000. Motion carried - 5/0 . Stover and Gagne said the funds for the borings should come from the salt shed fund. EXTEND DEADLINE FOR FINAL PLAN SUBMISSION - WATERFORD THIRD PHASE Froberg said Trivesco is requesting an extension of time to file the final plan for the third phase of Waterford. He recommends extending the deadline to May 13, 1991. . Gagne asked if the City was allowing enough time to examine the plans. Nielsen said the whole project is rushed to accommodate the June 1 deadline, set by the State for the TIF project. He said Trivesco cannot complete at least two major items in the plan until the grading plan is available. The City will have the grading plan available at the April 22 meeting. Then, a detailed landscaping plan can be done. Nielsen said the Engineers, Mn/Dot and Trivesco must work together. Lewis said the plans will be rushed and the City will be forced to accept whatever Trivesco wants to give them. He said there might also be comments from residents. Daugherty said he thought the plans were already worked out. Dresel said the plans were concept only and they just started working on the final plans four weeks ago. Brancel said their has been a great deal of progress made and she would like to keep moving on the project. Gagne asked Dresel if there could be last minute delays. Dresel said the project has not run smoothly, the only problem he can foresee is that Mn/Dot might not like the design of the intersection. Gagne asked Nielsen if Trivesco could have changes to the plan. 4 . . . C.I TY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, APRIL 8, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 Nielsen said that whatever plan Trivesco submitted, it must be detailed. He said the Council must approve the commercial development. Nielsen said the actual deadline for the plan is April 30. Lewis said he had a problem with Trivesco's concept of the delay in the project. He said the delay of the project was not the City's fault. Brancel agreed with him. Stover moved, Gagne seconded to extend the deadline for the Waterford Third Phase final plan to April 30, 1991. Motion carried - 4/1 (Daugherty) Daugherty asked Froberg to explain why Trivesco cannot have the plan done by the deadline. Froberg said Trivesco does not yet have the information necessary to complete the plan. Nielsen said the City cannot provide the Mn/Dot information to Trivesco until April 22, 1991. PROCLAMATION - INTERNATIONAL SPECIAL OLYMPICS WEEK: RESOLUTION NO. MAY 18-MAY 25 37-91 Stover moved, Gagne seconded, to adopt RESOLUTION NO. 37-91 "A Resolution Proclaiming May 18 - May 25 as International Special OlympiCS Week". Motion carried - 5/0 MATTERS FROM THE FLOOR. Brancel asked for matter from the floor. Gene Dahl - 5845 Country Club Road said he would like to speak about spring clean up. Brancel said this would be taken up under the Planning Director's Report. BREAK - 7:56 - 8:00 8:00 PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS RESOLUTION NO. 38-91 Brancel opened the Public Hearing at 8:00 P.M. Joann Kvern, Director of the Southshore Senior Center asked the City to contribute $6233 of the CDBG Funds for the operation of the Senior Center. Brancel closed the Public Hearing at 8:05 P.M. C::' d ClTY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. APRIL 8. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 . Daugherty asked if the CDBG funds have increased from 1990. Rolek said the City received $20,900 in 1990 and will receive $23,300 in 1991. Gagne said the remainder of the funds is used for single family home rehabilitation. Rolek said all funds were used last year. Nielsen said the funds are used for roofing, rewiring and other repairs. The county also has discretionary funds to add to the CDBG funds. Stover moved, Gagne seconded, to adopt RESOLUTION NO. 38-91 "A Resolution Approving Proposed Program for Year XVII Urban Hennepin County Community Development Block Grant Funds and Authorizing its Submittal. " Motion carried - 5/0. STAFF REPORTS: A. ATTORNEY'S REPORT The Attorney had no report. B. ENGINEER'S REPORT . The Engineer had no report. S.E. AREA WATER TREATMENT FACILITY RESOLUTION NO. 39-91 Lewis said he held a meeting with the neighborhood and Noel Vogen of Associated Consultants. He said the turnout was light but he did have some comments on the phone. They found out their wasn't too much to be done with the flat roof or the size of the building except to landscape it. Stover askedVogen if he could excavate into the hill. Vogen said they can't dig into the ground because of Health Dept. regulations. Stover asked if an architect can review the design. Vogen said they did not have on in their office. Gagne said the Park Planner could look at the design. Vogen said some landscaping cost were included in the design. He said the existing trees are in poor condition. Brancel said Park Planner Koegler should look at the design. Lewis moved. Dougherty seconded. to adopt RESOLUTION NO. 39-91 "A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Water Treatment Plant for the Southeast Area Trunk Water System." . Motion carried - 5/0 6 . . . C1TY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. APRIL 8. 1991 COUNCIL CHAMBERS 5155 COUNTRY CLUB ROAD PAGE 1 Nielsen asked the Council if they wanted a separate landscaping bid. Froberg said if the amount is under $15,000, the Council can ask for a separate proposal. Lewis and Stover said Koegler should supply a landscaping plan to Vogen by April 22. C. PLANNING DIRECTORIS REPORT 1. SPRING CLEANUP Nielsen said the Council had directed him to research curbside pickup. He said there are two questions to be answered. 1. Should the City be divided into quadrants which will make pickup easier. 2. Should the City provide the same level of pickup. The City has accepted all materials at the Freeman Park location. Brancel said Senior Citizens have no way to haul their materials. Nielsen said a weekend pickup is necessary; so that there is no conflict with regular garbage pickup. He clean-up has always been done in the spring. If the type of material was limited, there will be fewer trucks on the street. He said the City could set aside one weekend for tires, appliances and batteries to be dropped off at the City Hall. He asked the Council if they wanted to have the pickup on four separate weekends. Brancel thought the City could be divided in half and two haulers used. GENE DAHL 5865 COUNTRY CLUB ROAD Dahl said that any resident in Shorewood with more than one acre spends all summer cleaning up yard waste. He sees nothing wrong with the current site. He said curbside clean-up could be messy and the cost could be high. Lewis said Freeman Park is not a dump and the City should look at a different program. Gagne said the new Public Works site will not be ready to use for spring clean up. PAUL KRUEGER - 6015 BURLWOOD COURT He said he lives adjacent to the Freeman Park site and appreciates the Council IS help in changing the site. He thinks people will pay for the pickup of large items. BREAK 9:00 - 9:03 7 . . . . C.I TY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. APRIL 8. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 2. Joint Meeting - City Council, Planning Commission and Senior Housing Study Task Force. Nielsen said Judith Marschik has a preliminary draft of the Study and would like to have a joint meeting with the Council. Nielsen recommended the Planning Commission be advised of the meeting because there will be changes to the Comprehensive Plan and Ordinances. He suggested May 21 at 6:30 P.M. and dinner will be served. 3. Nielsen also told the Council that the May 27th meeting is Memorial Day and asked which day they would like to meet. The Council agreed to meet on Tuesday, May 28, 1991. COUNCIL REPORTS. A. MAYOR BRANCEL Brancel said the City could put a reminder in the newsletter of the Olde Tyme Hennepin County Fair. She received a letter asking the City to nominate 2 outstanding citizens, one adult and one young person for their leadership. These citizens would fly to Washington to accept award. Council agreed not to do this because they have not participated previously. She said Wednesday May 1 there is a recycling luncheon from 11:30 1:30. Tad Jude will be at the luncheon. B. COUNC I LMEMBER GAGNE Gagne said he would attend the April 16 Senior meeting. C . COUNC I LMEMBER STOVER Stover said the Council had passed a Resolution in 1990 commending Madonna Kerber for her St. Francis Award. She asked if it had been written up. Froberg said he would need more information to do it. Stover said she would get the necessary information to Froberg. D. COUNCILMEMBER LEWIS Lewis had no report. E. COUNCILMEMBER DAUGHERTY Daugherty had no report. 8 , CJ TY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. APRIL 8. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 . ADJOURNMENT TO EXECUTIVE SESSION Brancel adjourned the meeting to Executive Session at 9:10 P.M. to discuss pending litigation involving the former Deputy Clerk. . . RECONVENE REGULAR MEETING The Mayor reconvened the regular meeting at 10:30 P.M. She announced that a special meeting would be held on April 19, 1991 at 4:30 P.M. to discuss pending litigation by Sandra Kennelly. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Stover moved. Gagne seconded. to adjourn the meeting at 10:30 P.M. SUbject to the payment of claims. Motion carried - 5/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since March 18, 1991 LIQUOR $ 41,554.85 GENERAL $51, 697.33 $ 93.252.18 TOTAL CHECKS ISSUED Checks for Council approval Checks No. 6503-6554 TOTAL CHECKS FOR APPROVAL $ 36.891.63 TOTAL CHECK APPROVAL LIST $130,143.81 CHECK REGISTER FOR MARCH 26. 1991 PAYROLL Checks no. 205001/205031 LIQUOR $3,086.23 GENERAL $10,687.84 TOTAL CHECKS ISSUED $13,774.07 9 . . . . ,CJTY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, APRIL 8, 1991 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary NIELSEN 10 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10