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021092 CC Reg Min / , .c I TY OF SHOREWOOD REGULAR CITY COUNCIL MEETING ~ MONDAY. FEBRUARY 10. 1992 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 . M I NUT E S 1. CALL TO ORDER A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel. Councilmembers Gagne, Daugherty and Lewis, City Administrator Hurm, City Attorney Sellergren, City Engineer Dresel. City Finance Director Rolek and City Planner Nielsen. Absent: Councilmember Stover C. REVIEW AGENDA Mayor Brancel asked that the Resolution Approving a Set Back Variance for Richard Kowalsky be included in the Consent Agenda, item 3A. Gagne moved. Daugherty seconded to approve the Agenda as amended. . Motion carried - 4/0 2. APPROVAL OF MINUTES A. City Council Meeting/Work Session - January 27. 1992 Daugherty moved. Gagne seconded to approve the City Council Meeting/Work Session Minutes of January 27. 1992. Motion carried - 4/0 3. CONSENT AGENDA Gagne moved. Lewis seconded to approve the Consent Agenda and Adopt the Resolutions Therein: A. To Adopt RESOLUTION NO. 12-92 itA Resolution Proclaiming Volunteers of America Week. II B. A Motion to Approve a Lease Agreement with Ryan Properties for the Shorewood Liquor Store. C. To Adopt RESOLUTION NO. 13-92 itA Resolution Designating ItNo Parkinglt on a Portion of Howards Point Road. It . 1 . . . REGULAR CITY COUNCIL MINUTES FEBRUARY 10, 1992 - PAGE 2 D. To Adopt RESOLUTION NO. 14-92 itA Resolution Approving Engineering Services for the Rehabilitation of Lift Stations No.7 and 11.1t E. To Adopt RESOLUTION NO. 15-92 itA Resolution Approving a Set Back Variance for Richard Kowalsky at 5740 Christmas Lake Point. It Motion carried - 4/0 4. COMMISSION REPORTS: A. Planning Commission Councilmember Gagne reported that the Planning Commission items are on the Agenda. B. Park Commission Jim Andrus, Park Commission Liaison, reported that no action items were discussed at the last Park Commission meeting. He said the Park Commission reviewed the results of the phone survey and found there was a more favorable response than expected toward the proposed Park Referendum. Andrus said the Commission decided to discuss further the choice of Park Planner. 5. SET DATE FOR PUBLIC HEARING TO CONSIDER VACATING A PORTION OF GARDENDALE ROAD Applicant: Location: Thomas Doherty Gardendale Road at Manor Road The Council set the date for this Public Hearing on March 9, 1992 at 7:15 P.M. Gagne moved. Daugherty seconded to adopt RESOLUTION NO. 16-92 itA Resolution setting the date for the Public Hearing to Consider Vacating a Portion of Gardendale Road for March 9. 1992 at 7:15 P.M.1t Motion carried - 4/0. 6. SITE PLAN REVIEW/SIGN PERMIT - FLOORS OF MINNETONKA Applicant: Location: Richard Johnson 5660 County Road 19 Planner Nielsen presented Johnson's application. He said the property at 5660 County Rd. 19 has been vacant for 3 to 4 years. :':~ . . . REGULAR CITY COUNCIL MINUTES FEBRUARY 10, 1992 - PAGE 3 He said Mr. Johnson proposes to open a retail carpet store on the site which is a permitted use of the property. Nielsen said the biggest problem is the parking on site. Mr. Johnson proposes to curb, stripe and resurface the parking lot and provide 11 parking spaces. He recommended Johnson put UP a letter of credit for the work and provide bids. Nielsen recommended approval subject to the conditions stated in his January 30th memo. Gagne added the Planning Commission had recommended approval and stated the proposed use of the site will be an improvement. Nielsen said Johnson has provided a signage plan. Gagne moved, Lewis seconded to approve the certificate of occupancy for Richard Johnson at 5660 County Rd. 19 subject to the Planner's conditions in his January 30th memo. Motion carried - 4/0 Gagne moved, Daugherty seconded to approve the signage request per the Planner's recommendations. Motion carried - 4/0 7. DEVELOPMENT STAGE APPROVAL - GIDEON'S COVE P.U.D. Applicant: Location: Boyer Construction Co. Lawtonka Drive Nielsen stated that in September 1991 the City Council approved the Concept Stage Plan for Gideon's Cove. The issue of the dock rights attached to two of the units was discussed separately by the City Council and the applicant's request to expand the docks was denied. Nielsen stated the conditions for approval of the Development Stage Plan: 1. The preservation of the trees on the site. He said 50 trees have been identified for preservation and 15 more can be transplanted. 2. Building Setbacks - The buildings must be 20 feet from the right-of-way and there must be 20 feet between structures. 3. Dock rights - Nielsen said the Boyers have asked for the dock rights to be assigned to two of the westerly units which will be more expensive. It is also recommended that there be "No Parking" on the peninsula or on Timber Lane between Lawtonka Drive and Lot 9, Timber Lane Addition. . . . REGULAR CITY COUNCIL MINUTES FEBRUARY 10, 1992 - PAGE 4 4. Utilities - The developer proposes to relocate an existing sewer. This may require a hearing to vacate any previous underlying easements. 5. Park Dedication Fees - The original Lawtonka Plat paid fees for six units. an additional five units must be paid for. Nielsen recommended approval of the Development Stage Plan subject to the conditions stated in his memo of January 31. 1992. Gagne said the Planning Commission agreed with the recommendation and the denial of the dock rights. However. the Planning Commission asked that they be allowed to review the Protective Covenants prior to City Council approval. Councilmember Lewis asked if the existing buildings on the peninsula will be left in place. Nielsen said they will be left in place. Lewis asked if the existing docks will be kept in their current condition. Nielsen said technically the developer cannot rebuild the docks as they are nonconforming uses of the property but this will have to be addressed in the final plan. City Attorney Sellergren said he should have a decision on the docks before a P.U.D. agreement is drafted. Nielsen asked the Council's preference for the dock expansion. The Council agreed to allow the docks to be maintained and repaired but not extended beyond the minimum requirements of the LMCD. Lewis moved, Gagne seconded to approve the Development Stage Plan for Gideon's Cove with dock rights approved as "grandfathered". Motion carried - 4/0 8. PROPOSED ORDINANCE AMENDING CHAPTER 1201.19 - R. C. RESIDENTIAL COMMERCIAL DISTRICT Applicant: Location: Bill Norman R-C Zoning District Nielsen said the land in question is the site of the former Gideon estate which was zoned R-4. Multiple Family and later changed to R-C. Residential/Commercial. The house has most recently been used as an office building. Nielsen said Mr. Norman has moved to Arizona and would like the site changed to single family residential while he is gone. ..,. ,. . . . REGULAR CITY COUNCIL MINUTES FEBRUARY 10. 1992 - PAGE 5 He said the Planning Commission did not approve Norman's request because they considered the single family designation inappropriate in the R-C district. Nielsen said he has had no response from Mr. Norman regarding his proposa 1 . Mayor Brancel said that changing this one area to single family within an R-C district could set a precedent. Gagne moved. Daugherty seconded to deny the request for a Zoning Amendment for single family designation in a R-C district. Motion carried - 4/0 RESOLUTION NO. 17-92 9. RESOLUTION APPROVING AN AGREEMENT FOR ENGINEERING SERVICES FOR A REVISION TO THE CITY'S SEWER ACCESS CHARGE Hurm said he did an analysis of the sewer access charge but will need information from OSM to complete the revision. He said the expense will be charged to the sewer fund. Lewis moved. Gagne seconded to adopt RESOLUTION NO. 17-92 IIA Resolution Approving an Agreement for Engineering Services for a Revision to the City's Sewer Access Charge." Motion carried - 4/0 RESOLUTION NO. 10. A RESOLUTION INITIATING CONDEMNATION PROCEEDINGS FOR THE ACQUISITIONS OF RIGHT-OF-WAY FOR THE CHURCH ROAD PROJECT. City Engineer Dresel said this project is one year old. He said the City received bids with the idea that the neighbors would donate the land for the right-of-way. He said there is one hold out. He said a letter was sent to the resident in January and he cannot come to an agreement with him. Dresel said he has tried to avoid condemnation to keep the cost of the project down but there may be other condemnations. Gagne and Hurm indicated the City has already invested a lot of money in this project. Gagne moved. Daugherty seconded to adopt RESOLUTION NO. 18-92 IIA Resolution Relating to Finding of Public Purpose of the Acquisition of Easements and Right-of-Way for Street and Watermain Improvements for Church Road. II Motion carried - 4/0 Dresel said he has been in contact with the contractor. The contractor has verbally agreed to the same contract but Dresel said he would like the authority to rebid the project. ::.i REGULAR CITY COUNCIL MINUTES FEBRUARY 10. 1992 - PAGE 6 . Hurm and Sellergren said the first bid will have to be formally rejected before new bids can be taken. 11. MATTERS FROM THE FLOOR There were no matters from the floor. 12. STAFF REPORTS: A. ATTORNEY'S REPORT Sellergren said he received a call from Mr. Doherty's attorney regarding the street vacation on Gardendale Road. The attorney indicated there is a title problem with the property to be deeded to the City. Sellergren stated he told the attorney the land swap will be contingent upon a clear title to the property. B. ENGINEER'S REPORT There was no Engineer's Report. . C. PLANNING DIRECTOR'S REPORT There was no Planning Director's Report. D. ADMINISTRATORIS REPORT 1. Board of Review Date Hurm reported the date for the Board of Review IS May 13, 1992 at 7:0 P.M. 2. Preliminary 1991 Budget Report Hurm explained that Finance Director Rolek prepared a memo explaining the 4th quarter 1991 Financial Statement. Rolek explained the process of transferring surplus funds unused in 1990 to the 1991 General Fund Budget. Hurm said this allocates the funds to the proper areas. He said he is pleased with the results and asked the Council to review the statement and call with questions. . Hurm said the shortfall in funds results before property taxes are paid and the one million in reserve is needed at that time. 3. Establish CDBG Program Year XVIII Hearing Date 6 4It 4It 4It REGULAR CITY COUNCIL MINUTES FEBRUARY 10, 1992 - PAGE 7 Hurm said the Public Hearing will be March 9. 1992 at 7:30 P.M. Hurm said about $23.000 will be available. Usually $5.000 to $6000 is given to the Senior Citizen Center and the rest is used for housing rehabilitation. He said some of the money might be used to provide handicap access to the City Hall and Public Works Department. 4. National Primary Drinking Water Regulations-Control of Lead and Copper in Medium-Size Water Systems. Hurm informed the Council that the City received a memo from the Department of Health requiring the Cities with medium size water systems to control lead and copper levels in the water. They must comply with this regulation by 1992. Hurm said he wrote a letter to the County asking that the City be reclassified as a small system because only part of the City has a municipal water system. He explained that. if the City is not reclassified as a small system. a great deal of money could be expended to test for lead and copper levels. He said he will bring the matter to the Council's attention when he receives a reply. 5. Commission and Task Force Applicants Hurm said there will be meeting with the applicants for the Commission vacancies on Feb. 19. 1992. He $aid only five people have applied for the Senior Housing Task Force and he would like to accept these residents without interviews. Hurm asked if the Council wished to interview the current Park and Planning Commission members as well as new applicants. The Council agreed with Hurm's requests. 6. Report on Knutson Services, Inc. Recycling Mark Heieren of Knutson Recycling reported recycling on system. He said the recycling markets have stabilized somewhat in the past months. He asked the City to become educators and possibly lobbyists for the recycling industry. 7 . . . REGULAR CITY COUNCIL MINUTES FEBRUARY 10. 1992 - PAGE 8 Heieren said recycling cannot continue if there are not secondary markets for the products. He said there are 3 to 4 critical areas at this time which have a huge supply and soft demand. At the present time, there is zero tolerance for glass and plastic and aluminum revenue are down, He said the recycling industry needs concrete solutions for markets and must educate the public. Daugherty asked for more information on markets and for potential markets, Heieren said newspaper is now being used for animal bedding. Gagne asked if the City has agreed to try to purchase recycled material, Hurm said we are, Gagne agreed that markets should be developed but said if recycling is discontinued people will not use it again. Lewis said, if the cost to develop new markets is too high, there will be no new markets. Hurm asked Heieren how the City can educate and lobby, Heieren said Cities should have a cohesive policy for recycling. He advised the City to ask residents to hold back recycling of rigid plastic, remove bottle caps, clean cans and separate glossies from newspaper. Lewis asked if sorting is done manually or if there is new technology available. Heieren said sorting is done manually but automatic sorters for plastic are coming. He invited the Council to visit the recycling facility, Hurm stated the City has a revenue sharing agreement with Knutson and received no revenue in December, He also indicated there are problems with improper recycling of products at the drop off sites, 13, COUNCIL REPORTS. A. MAYOR BRANCEL 8 . . . REGULAR CITY COUNCIL MINUTES FEBRUARY 10. 1992 - PAGE 9 1 . 1992 Hennepin County Fair Brancel asked the Council if they wished to contribute to the 1992 Hennepin County Fair. She said the City has contributed $50.00 in past years. Brancel moved. Gagne seconded to approve a $50.00 donation to the Hennepin County Fair. Motion carried - 4/0. 2. Resident Letter Regarding Safety in S.E. Area of the City. Brancel said she received a letter from Ann Christian regarding installation of sidewalks and bicycle lanes on Old Market and Covington roads. Lewis asked if anyone has answered the letter. Nielsen said he talked with Christian before the letter was sent. Ann Christian reiterated her requests to the Council and stated that her concerns were due to the opening of Old Market Road. B. COUNCILMEMBER GAGNE Gagne asked about the water system in the S. E. Area. Dresel said it will be 60 to 90 days before the system is flushed. Lewis asked if Associated Consultants tested the system. Dresel said Bob Polson is doing the testing. Dresel said he has received some phone calls and advises the residents to continue their iron removal systems for 60 to 90 days. Gagne said, since the bonding has passed in the Minnetonka School District, the Council should discuss running the watermain along Strawberry Lane from Minnewashta School. Dresel said OSM is the mechanical advisor to the School District and their plans are to install a water tower on the site. Gagne said the City should look into City garbage pick-up. C. COUNCILMEMBER STOVER Stover was absent. D. COUNCILMEMBER LEWIS Lewis had no report. E. COUNCILMEMBER DAUGHERTY Daugherty had no report. 9 ~EGULAR CITY COUNCIL MINUTES FEBRUARY 10. 1992 - PAGE 10 . 13. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Lewis moved. Gagne seconded to adjourn the meeting at 8:30 P.M. Motion carried - 4/0 GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00155-02 Checks issued since January 27, 1992 Check No. 8382-8476 LIQUOR GENERAL $ 23,577.17 $ 222,003.80 $245,580.97 TOTAL CHECKS ISSUED Checks for Council approval . Checks No. 8477-8506 TOTAL CHECKS FOR APPROVAL $ 49,278.69 TOTAL CHECK APPROVAL LIST $ 294,859.66 CHECK REGISTER FOR JANUARY 28. 1992 PAYROLL Checks no. 205860/205902 LIQUOR GENERAL $ 3,314.30 $ 15,729.45 TOTAL CHECKS ISSUED $ 19,043.75 . 10 . . , .. . .. REGULAR CITY COUNCIL MINUTES FEBRUARY 10. 1992 - PAGE 11 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary CITY l:I. .~