082691 CC Reg Min
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CITY OF SHOREWOOD
~', REGULAR CITY COUNC I L MEET I NG
~MONDAY, AUGUST 26, 1991
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COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
M I NUT E S
1.
CALL TO ORDER
Mayor Brancel called the meeting to order at 7:02 P.M.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Present: Mayor Brancel, Councilmembers Gagne, Stover,
Daugherty and Lewis, City Administrator Hurm, City Attorney
Froberg, City Engineer Dresel. City Finance Director
Rolek and City Planner Nielsen.
C. REVIEW AGENDA
Gagne moved. Stover seconded. to approve the Agenda with the fOllowing
corrections:
Motion carried - 5/0
Administrator Hurm asked that item 3 H be removed from the Consent
Agenda and discussed under the Engineer's Report.
Hurm told the Councilmembers that there will be more Consent items
in the future. The Councilmembers may remove an item for
discussion later in the meeting.
Mayor Brancel added a review of the LMCD budget at item 2A under
the Mayor's report.
2. APPROVAL OF MINUTES
A. City Council Work Session - July 23, 1991
Gagne moved. Daugherty seconded, to approve the City Council
Work Session Minutes of July 23. 1991.
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Motion carried - 5/0
B. Special City Council Meeting - August 12, 1991
Stover moved. Lewis seconded, to approve the Special City Council
Meeting Minutes of August 12. 1991.
Motion carried - 5/0
C. City Council Work Session Meeting - August 12, 1991
Daugherty moved. Lewis seconded. to approve the City Council Work
Session Minutes of August 12. 1991.
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REGULAR CITY COUNCIL MINUTES
.. AUGUST 26, 1991 - PAGE 2
Motion carried - 5/0
D.
City Council Work Session - August 19, 1991
Gagne moved. Daugherty seconded. to approve the City Council Work
Session Minutes of August 19. 1991.
Motion carried - 5/0
3. CONSENT AGENDA
Gagne moved. Stover seconded. to approve the following Consent Agenda:
A. Payment Voucher No.1 - A & K Construction, Inc. - Project No.
91458.
B. RESOLUTION NO. 78-91 "A Resolution approving Agreement with NSP for
the Home Energy Checkup Program."
C. RESOLUTION NO. 79-91 "A Resolution Approving Subrecipient Agreement
Urban Hennepin County Community Development Block Grant Program."
D. RESOLUTION NO. 80-91 "A Resolution Authorizing the Mayor and City
Administrator to Execute Year XVII/Third Party Agreement/South
Shore Senior Center - CDBG"
E.
RESOLUTION NO. 81-91 "A Resolution Adopting a Paper Procurement
Policy for the City of Shorewood."
F. Approve Satisfaction of Repayment Agreement - Ruth Pulvermacher
G. RESOLUTION NO. 82-91 "A Resolution Declaring the Official Intent to
Reimburse Certain Expenditures from the Proceeds of Taxable or Tax
-Exempt Bonds to be Issued by the City of Shorewood."
H. Wi thdrawn
I. Final Pay Request - Badger Field Pump Repair
J. Final Pay Request - Badger Field Warming House City Project No.
90-1A
K. 1992 Proposed Fire Department Budget - City of Excelsior
L. 1992 Fire Contract Budget Proposal - City of Mound
M. RESOLUTION NO. 83-91 "A Resolution Approving Findings of Fact
Granting Setback Variance for Kevin Kuester, 5885 Christmas Lake
Road."
N. Appeal Notice to Remove - Motion Approving Recommended Extension
~ Appellant: Brian Zubert
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REGULAR CITY CUUNCIL MINUT.t:;:;
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Location:
28040 Woodside Road
Motion carried - 5/0
4. COMMISSION REPORTS:
A. Planning Commission
Councilmember Stover (Planning Commission Liaison) reported that
items 10 and 11 on the Agenda are items discussed and recommended
by the Planning Commission. She said the Planning Commission
held a Public Hearing on the proposed Ordinance amending the
Shorewood City Code relating to the definition of street.
B. Park Commission
There was no Park Commissioner present to give the report.
ORDINANCE NO. 241
5. AN ORDINANCE AMENDING TITLE 500 OF SHOREWOOD CITY CODE GENERAL
HEALTH AND SAFETY PROVISIONS (ADOPT UNIFORM FIRE CODE)
Fire Marshall Tom Neudahl was unable to be present. Fire
Department Captain David Hoo urged the Council to adopt the
Uniform Fire Code.
Stover moved, Gagne seconded, to adopt ORDINANCE NO. 241 "An Ordinance
Amending Title 500 of Shorewood City Code General Health and Safety
Provisions"
Motion carried - 5/0
6. REVIEW OF RESOLUTION NO. 42-91 APPROVING PRELIMINARY PLAT OF
JOHNSON'S FIRST ADDITION
City Attorney Froberg informed the Council that the City has been
served with a lawsuit by Johnson compelling the City to condemn his
property because it is unbuildable due to the restrictions placed
on the property by the City. The lawsuit describes the City's
actions as illegal because it required Johnson to adopt covenants
the same as Waterford.
Froberg recommended that no action be taken at this meeting
regarding this matter.
Gagne moved. Stover seconded. to table a review of the Preliminary Plat
approval for Johnson's First Addition.
Motion carried - 5/0
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REGULAR CITY COUNCIL MINUTES
" AUGUST 26. 1991 - PAGE 4
7.
RESOLUTION NO. 84-91
A RESOLUTION AWARDING THE SALE OF $31.000 G.O. STORM SEWER DISTRICT
BONDS. SERIES 1991
Gagne moved. Daugherty seconded. to adopt RESOLUTION NO. 84-91 "A
Resolution Awarding the Sale of $31.000 General Obligation Storm Sewer
Bond. Series 1991; Fixing its Form and Specifications; Directing its
Execution and Delivery; and Providing for its Payment. II
Motion carried - 5/0
Brancel explained that these bonds are for the storm sewer project in
the Shady Hills Tax District No.2.
Hurm added that the State of Minnesota requires the bonds to be issued
so that the residents of Shady Hills can be assessed for the project.
Gagne moved. Stover seconded. to adopt RESOLUTION NO. 85-91 "A
Resolution setting a Hearing on the proposed Levy for the Shady Hills
Storm Sewer Improvements for October 14. 1991 at City Hall."
Motion carried - 5/0
RESOLUTION NO. 86-91
A RESOLUTION APPROVING THE 1992 PROPOSED GENERAL. WATER. SEWER.
AND RECYCLING FUND BUDGETS AND THE 1991 PRELIMINARY PROPERTY
TAX LEVY COLLECTIBLE IN 1992.
Brancel said this resolution is required by law. It establishes
the 1992 Proposed Budget and the 1991 Tax Levy
Collectible in 1992. The Council reviewed the proposed Operating
Budget on August 19 and the preliminary property tax levy is
$2.375.450.00.
Stover asked if the Special Levy they just passed is included in
the Tax Levy. Hurm and Finance Director Rolek said it is only
a tax levy on a Special Taxing District and is not spread City
wide.
Gagne moved. Stover seconded. to adopt RESOLUTION NO. 86-91 "A
RESOLUTION APPROVING THE 1992 PROPOSED GENERAL. WATER. SEWER.
AND RECYCLING FUND BUDGETS AND THE 1991 PRELIMINARY PROPERTY
TAX LEVY COLLECTIBLE IN 1992."
Motion carried - 5/0
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REGULAR CITY COUNCIL MINUTES
AUGUST 26, 1991 - PAGE 5
9.
RESOLUTION NO. 87-91
A RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED 1992 GENERAL.
WATER. SEWER AND RECYCLING FUND BUDGETS AND THE 1991 PROPERTY TAX
LEVY COLLECTIBLE IN 1992.
Daugherty moved. Lewis seconded. to adopt RESOLUTION NO. 87-91 "A
RESOLUTION SETTING A PUBLIC HEARING ON THE PROPOSED 1992 GENERAL,
WATER, SEWER AND RECYCLING FUND BUDGETS AND THE 1991 PROPERTY TAX
LEVY COLLECTIBLE IN 1992 for Nov. 25. 1991 at 7:00 P.M."
Motion carried - 5/0
10. SET BACK VARIANCE - MOTION TO PREPARE FINDINGS OF FACT
Applicant:
Location:
Robert Dircks
5351 Shady Hills Circle
Planner Nielsen said the Planning Commission voted 6/1 to approve
the variance.
Stover stated that the one objection to the variance thought a deck
was not required to make reasonable use of the property. However,
the other Planning Commission members thought the topography of the
lot was severe enough to warrant the variance.
Councilmember Lewis said the letter of objection by Don and Dee
Johnson indicated they intend to build on the adjacent property and
the City has indicated it is unbuildable.
Nielsen said a ghost plat for Johnson's property does not show a
lot and the topography is very severe.
Nielsen said he thought the Johnson's were indicating they would
want the same consideration for a variance as the Dircks.
Stover moved. Gagne seconded. to approve the Preparation of Findings of
Fact for a Setback Variance for Robert Dircks. 5351 Shady Hills Circle.
Motion carried - 5/0
11. MOTION TO PREPARE FINDINGS OF FACT - C.U.P. FOR ACCESSORY SPACE IN
EXCESS OF 1200 SQUARE FEET OF AREA
Applicant:
Location:
Ivan Kruger
5135 St. Albans Bay Road
Stover said there was no objection to this C.U.P. from the Planning
Commission. She said Mr. Kruger is adding on to his house and
combining this with an existing garage. The overall appearance of
the property is improved.
Daugherty said the motion will also include a Recreation Vehicle
storage shed.
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REGULAR CITY COUNCIL MINUTES
AUGUST 26. 1991 - PAGE 6
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Daugherty moved, Gagne seconded, to approve the Preparation of Findings
of Fact for a C.U.P. for Accessory Space for Ivan Kruger, 5135 St.
Albans Bay Road.
Motion carried - 5/0
ORDINANCE NO. 242
12. PROPOSED ORDINANCE AMENDING CHAPTER 1201 OF THE SHOREWOOD CITY CODE
RELATING TO ZONING REGULATIONS - DEFINING STREETS
The Council reviewed correspondence from an attorney representing
John Einhorn.
Stover said Mr. Einhorn's request for variances to build a new
house was submitted under the old Ordinance and was turned down.
He can reapply under the new Ordinance.
Stover moved. Gagne seconded. to adopt ORDINANCE NO. 242 "An Ordinance
Amending Chapter 1201 of the Shorewood City Code Relating to Zoning
Regulations. II
Motion carried - 5/0
13.
MOTION APPROVING SELECTION COMMITTEE RECOMMENDATION AND APPROVING
AGREEMENT FOR ARCHITECTURAL SERVICES (Public Works Facility)
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The Selection Committee for the architectural firm consisted of
Administrator Hurm, Public Works Director Zdrazil and Planner
Nielsen and the Council Liaison was Bob Gagne. The recommended
EOS Architecture to design the Public Works Facility.
Councilmember Gagne said the City has used the services of EOS
in the past and their bid was the lowest.
Lewis moved, Gagne seconded. to accept the recommendation of the
Selection Committee and approve EOS Architecture to design the Public
Works Facility.
Motion carried - 5/0
RESOLUTION NO. 88-91
14. RESOLUTION APPROVING THE PLAT OF THOMPSON ADDITION
Nielsen said the main issue in the approval of this Addition is the
access. There are three lots and an existing serviced by an
existing private road. The private road is still substandard.
The developer has widened the turnaround at the end of the road
and established setbacks. The developer has complied with all
aspects of the preliminary plat.
Engineer Dresel said his main concerns, when examining the
. property. were problems that might occur for the City staff and
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REGULAR CITY COUNCIL MINUTES
AUGUST 26, 1991 - PAGE 7
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for public safety. He said the road should be acceptable if the
10% grade is maintained and the landing at the top of the road is
maintained.
He said there are long sanitary sewer service to the property and
he wants the record to show that these are maintained by the
homeowners, if they are on private property.
Gagne moved, Stover seconded, to adopt RESOLUTION NO. 88-91 "A
Resolution Approving the Plat of Thompson Addition."
Motion carried - 5/0
15. CONSIDERATION OF BIDS PINE BEND WATERMAIN EXTENSION CITY PROJECT
91-11
Dresel informed the Council that the low bid on the project was
$117,491.75; 10% above the estimate. He said the higher bid was
due to contractors work load and time of year.
Dresel said the increase will mean a $1000.00 per lot adjustment
in the resident's assessment and the City's share of the project
will increase to $67,000. He suggested the Council table the
matter until he can talk to the neighbors.
Stover asked if price of the project will increase in the spring.
Dresel said they may increase but many projects are bid in
February.
Lewis moved, Daugherty seconded, to table the discussion of the Pine
Bend Watermain Extension.
Motion carried - 5/0
RESOLUTION NO. 89-91
16. RESOLUTION TO ACCEPT BIDS - AWARD CONTRACT CITY PROJECT 91-51 SITE
GRADING FOR SALT/SAND BUILDING
Gagne said the prices for construction will increase in the spring
and he would like to see the project done.
Councilmember Daugherty asked if the Public Works Department can do
the grading.
Gagne and Stover said it will still cost money to have the Public
Works Dept. do the grading. Stover said, in the past, the City has
found they do not save much money by having Public Works do
these jobs. An additional project takes time from their scheduled
projects.
Councilmember Lewis asked Dresel why these Engineering estimates
have been low.
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REGULAR CITY COUNCIL MINUTES
AUGUST 26, 1991 - PAGE 8
Dresel said he is also uncomfortable with the low estimates. He
has been told by contractors that there is sufficient work for
this time of year, Dresel said some contractors have indicated to
him that bids have been very low for years and contractors have
been starting to increase them.
He told Lewis that he followed normal guidelines for estimating
the project. The lower bidder, N. W. Asphalt had a high cost for
clearing the site.
Daugherty asked if the tree removal can be sub-contracted, Dresel
said the bid can change but he didn't think it would be lower
Dresel said the City could bid the two project together in the
spring and possibly get a low price.
Gagne moved, Stover seconded, to adopt RESOLUTION NO. 89-91 "A
Resolution Accepting Bid and Awarding Contract for Site Grading and
Appurtenant Work Salt/Sand Facility Site Grading to N. W. Asphalt Co. II
Motion carried - 3/2 (Lewis, Daugherty) on a roll call vote.
Lewis and Daugherty asked Dresel to negotiate a lower tree
clearing rate with the contractor.
MR. CROSS - SMITHTOWN ROAD
Mr. Cross lives on the west side of the proposed Public Works site. He
said the access road runs directly in front of his house and there is no
screening. He said he has been out of town and did not see the plan for
the site.
Nielsen said a berm can be built in front of the Cross property. He
said Cross will have to grant an easement and some trees will have to be
removed.
Dresel said the easement will be a temporary construction easement.
Gagne moved, Stover seconded, to approve the construction of a berm next
to the Cross property, subject to easements by the Cross's for
construction and without sodding or trees.
Motion carried - ~/O
Daugherty said the Cross's should accept the height of the berm and
there should be a date for completion.
RESOLUTION NO. 90-91
17. RESOLUTION TO ACCEPT BIDS - AWARD CONTRACT CITY PROJECT 91-61
SALT/SAND STORAGE FACILITY
Gagne said he did not want any salt or sand left in the City Hall
parking lot. He said it has been there long enough and the State
may require the City to move it.
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REGULAR CITY COUNCIL MINUTES
AUGUST 26. 1991 - PAGE 9
Hurm said some sand may need to be left in the parking lot until
the Public Works facility is built. He said it would not be
efficient to move between the new site and the old.
Gagne moved. Stover seconded. to adopt RESOLUTION NO. 90-91 "A
Resolution to Accept Bids and Award Contract City Project 91-61
Salt/Sand Storage Facility to Ebert Construction. Inc."
Motion carried - 4/1 (Lewis) on a roll call vote.
18. OCCUPANCY PERMIT/SIGN PERMIT (Shorewood Finamart)
Applicant:
Location:
B & J Automotive
24365 Smithtown Road
JOHN PFEFFER - OF B & J AUTOMOTIVE informed the Council that he has
16 years of automotive experience and is a certified mechanic.
Pfeffer and his partner think there is a market for automotive
repair at the above site.
Stover said the Planner's memo indicates that a letter must be
received from the owner of Finamart indicating that they realize
the sign that is installed for B & J Automotive uses up the signage
for that site.
Nielsen said the owners of B & J Automotive must also present a
letter indicating they understand the restrictions placed on the
site.
Stover moved. Gagne seconded. to approve an Occupancy Permit and Sign
Permit for B & J Automotive subject to receipt of letter by the owner of
Finamart and by B & J Automotive as indicated in the Planner's memo.
Motion carried - 5/0
19. MATTERS FROM THE FLOOR.
JOHN EINHORN - 5580 HOWARD'S POINT ROAD
Einhorn questioned whether the amendment to Chapter 1201 of the
Zoning Code is clarifying the code or changing the Code.
Einhorn said he was wrongly denied a permit to build a new house on
his property because of the definition of setbacks abutting a
private road.
Froberg said the amendment is to clarify the code and remove any
ambiguity that may have existed such that it may be consistent with
past policy that is followed by the City. The amendment was
drafted to clarify two parts of the Code book that were
conflicting. One section refers to setbacks from a private road
and several sections refer to public right-of-way.
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REGULAR CITY COUNCIL MINUTES
AUGUST 26. 1991 - PAGE 10
20.
A.
B.
C.
Einhorn did not feel there is any ambiguity in the code.
Froberg said the City has not changed its policy regarding setbacks
Private roads have always been treated the same as public roads in
regard to setback.
He said the amendment clarifies the definition of street.
STAFF REPORTS:
ATTORNEY'S REPORT
Froberg said this is his last meeting and he considers it a
privilege and honor to be the Shorewood City Attorney for the
past 6 1/2 years. He said he would have liked to continue the
relationship and he will miss the meetings with the Council and
staff whom he has a great deal of respect for.
He wished the City good luck.
He has made arrangements with the new City Attorney to turn over
all the files so there will be a smooth transition.
Brancel thanked him for his years of service to the City and for
the good job he has done.
ENGINEER'S REPORT
1. Item 3H from Consent Agenda: Final Pay Request S. E. Area Well
House Fire.
Dresel said no payment request has been received from Peoples
Electric.
He explained that there was an electrical fire at the S. E. Area
Well. The well was removed from service and water was obtained
from the City of Minnetonka.
Peoples Electric and Electrical Engineers from OSM determined that
the fire was most likely caused by a loose wire in the controller
cabinet.
PLANNING DIRECTOR'S REPORT
1. Regulation of Garage Sales - for referral
Nielsen said a letter was received from Donald Shafer of 23880
Smithtown Road regarding a continuous garage sale at 23945/23947
Smithtown Road. Mr. Shafer said in the summer of 1990 the residents
were asked to abstain from offering new items for sale at the
garage sale. However, this summer the garage sale continued and
Shafer said the area is an eyesore and a traffic hazard.
Nielsen said he contacted 7 area cities to determine if they had
garage sale ordinances. Only two had such an ordinance.
He asked the Council if they wished to proceed with establishing an
ordinance regarding garage sales.
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REGULAR CITY COUNCIL MINUTES
AUGUST 26, 1991 - PAGE 11
The Council agreed to refer the matter to the Planning Commission.
D.
ADMINISTRATOR'S REPORT
1. SBA Natural Resources Development Program - Community Tree
Planting Grant.
Hurm said the City was not awarded a Community Tree Planting Grant
for 1991. However, funds may be available in 1992.
2. Final Payment - University of Minnesota - Canada Goose Program
Hurm informed the Council that the Goose Removal was completed at
Christmas Lake and Timber Lane-Gideon Bay. He recommends the City
discontinue the project but watch for an increase in the
goose population.
21. COUNCIL REPORTS.
A. MAYOR BRANCEL
1. Appointment of David C. Sellergren as City Attorney
Brancel stated that the firm of Larkin. Hoffman, Daly and Lendgren.
LTD. will now represent the City of Shorewood. David C. Sellergren
will be the new City Attorney.
2. Appointment of Director to the LMCD Board.
Robert Rascop was appointed to the LMCD Board as Shorewood's
Director, to service for a term of three years. He has
served in this capacity for 10 years and has been an active
participant.
3. Discussion of LMCD Budget.
Rascop explained the LMCD Budget to the Council. Shorewood's share
of the budget if $107.130. an increase of 3.2%.
He explained that the budget reflects money due to the LMCD from
other agencies. He said Orono and Minnetonka requested that the
milfoil budget remain the same as last year.
Daugherty pointed out that the budget has a high percentage for
Administration.
Rascop said much of that cost is for milfoil eradication and that
has actually been reduced this summer. The milfoil harvesters were
not used for one month during the summer because of the high water
level.
He said the LMCD is actually spending less this year.
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REGULAR CITY COUNCIL MINUTES
AUGUST 26, 1991 - PAGE 12
Rascop invited the Council to a picnic at Enchanted Island on Sept.
15, 1991.
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BREAK - 9:00 - 9:05
4. Financial Advisory Board
Brancel said the Financial Advisory Board was originally
established to advise the Council on financial matters at the
Council's direction.
She said, at the present time, few members show up for meetings,
there is no consensus of opinion, just individual opinions. She
said there is a lack of purpose and not enough to keep them busy.
Brancel said the City now has a Finance Director and the Financial
Advisory Board should be dissolved.
She said an AD HOC citizen advisory board can be formed at the
Council's discretion.
Daugherty said the Financial Advisory Board can be valuable if the
Council will give it direction. He said the Council should offer
them more to review and tell them they want a consensus opinion.
A six month trial period could be set up.
Lewis also said he has no problem with an AD HOC committee but
the Council has not used the Board properly.
. Gagne moved, Brancel seconded, to dissolve the Financial Advisory Board.
Motion carried - 4/1 (Daugherty)
B. COUNCILMEMBER GAGNE
No report.
C. COUNC I LMEMBER STOVER
Stover said a Public Hearing on Senior Housing will be held Sept.
3, 1991
She asked Hurm about recycling magazines.
Hurm said Knutson will recycle magazines starting in September.
They want a one year extension on their contract. He said he
will prepare a report for the next meeting.
Brancel and Stover said they had already received flyers from
Knutson indicating they will recycle magazines.
Stover said she regrets losing the services of Glen Froberg and
will miss him.
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D.
COUNCILMEMBER LEWIS
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Lewis said there will be a meeting of the Old Market Road Task
Force this week. Dresel and Nielsen will attend the meeting.
E.
COUNCILMEMBER DAUGHERTY
No report.
ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS
Gagne moved, Lewis seconded, to adjourn the meeting at 9:20 P.M.
Motion carried - 5/0
GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02
Checks issued since August 12,1991
Check No. 7332-7376
LIQUOR
$ 63,671.33
. TOTAL CHECKS ISSUED
GENERAL
$ 30,581. 458
$ 94,252.78
Checks for Council approval
Checks No. 7378-7423
TOTAL CHECKS FOR APPROVAL
$ 85,253.10
TOTAL CHECK APPROVAL LIST
$179,505.88
CHECK REGISTER FOR AUGUST 13. 1991 PAYROLL
Checks no. 205370/205410
LIQUOR
GENERAL
$3,275.61
$13,715.31
TOTAL CHECKS ISSUED
$16,990.92
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RESPECTFULLY SUBMITTED
Katie Snyder
Recording Secretary
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