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030992 CC Reg Min .. , . ' CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 9, 1992 COUNCIL CHAMBERS 5755 COUNTY CLUB ROAD PAGE 1 . MINUTES . , 1. ~~bb_IQ_QgQ~g The meeting was called to order by Mayor Barbara Brancel at 7:00 pm A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel, Counci Imembers Stover, Gagne, Daugherty and Lewis. Also present were City Administrator Hurm, City Attorney Sellergren, City Engineer Dresel and City Planner Nielsen. C. REVIEW AGENDA Mayor Brancel reviewed the Consent Agenda from the last City Counci I Meeting and Work Study Session which had not been cable- cast, and she described each item which was adopted at that time. 2. ~EEgQ~~b_QE_~l~~I~~ It was moved by Gagne, seconded by Daugherty, to approve the City Counci I Minutes of February 24, 1992. The motion passed 4/0/1. (Counci Imember Stover abstained}. 3. ~Q~~~~I_~~~~Q~ g~~Qb~IIQ~_~Q~_f~=~f g~~Qb~IIQ~_~Q~_f1=~f g~~Qb~IIQ~_~Q~_f~=~f It was moved by Stover, seconded by Gagne, to approve the Consent Agenda and to adopt the items therein: A. To adopt g~~Qb~IIQ~_~Q~_f~=~g "A Resolution Proclaiming the Month of March as Awareness of Chronic Fatigue Syndrome (CFS) Month". B. To adopt g~~Qb~IIQ~_~Q~_f1=~f "A Resolution Establ ishing Precinct Boundaries Within the City of Shorewood". C. To adopt g~~Qb~IIQ~_~Q~_f~:~f "A Resolution Appointing Election Judges" (for the Presidential Primary}. D. Motion to Approve an Extension for Submitting Final Plat- Neitge Addition (for a period of 6 months). E. Motion to Accept City Hal I Cleaning Contract - Assured Office Systems. 1 ; ~ . . . REGULAR CITY COUNCIL MINUTES MARCH 9, 1992 - PAGE 2 3. ~Q~~~~I_~~~~Q~ (continued) Mayor Brancel clarified that the precinct boundary change referred to in Item 3-B was changing District 43A to 43B. Administrator Hurm explained that while the effected residents on Birch Bluff Road would receive a written notification, the new boundaries would not be in place for the fall Presidential Primaries. The motion passed 5/0. 4. E~g~_~Q~~l~~lQ~_=_~QgQQ~_bl~Q~IgQ~ A. Report on Park Commission Meeting - February 25, 1992. Commissioner Lindstrom reported that in their meeting of two weeks ago they went over the park plans, specificly for Si Iverwood Park. There were some discussions regarding the upcoming referendum. The group has started to analyze the results of the telephone survey, and Lindstrom indicated March or April of 1993 as a probab Ie date for the referendum. B. Recommendation for 1992 Capital Improvement Program Project. Commissioner Lindstrom discussed the Park Capital Improvement Plan as the alternate plan that the Park Commission is recommending in the event that the referendum does not pass. In either case, the Park Commission grading in Silverwood Park should be undertaken in 1992. C. Si Iverwood Park C1-Consideration of Land Concept Plan C2-Consideration of Letter of Agreement with VanDoren Hazard Stall ings, Inc. These items were discussed jointly. Commissioner Lindstrom referred to the V.H.S. letter describing the projected work in grading and pond excavation for Silverwood Park. Councilmember Lewis clarified that the Park Commission was looking for an authorization to get started, since the plan fit well within the guidelines of the Captial Improvement Plan. Counci Imember Stover questioned if the plan actually represented the entire 1992 budget, and whether that meant that there would be no additional costs. Administrator Hurm verified that the attachment reflected the items which were picked out by the Commission for Capital Improvement, and that smaller items were part of the Operating Budget. 2 REGULAR CITY COUNCIL MINUTES MARCH 9, 1992 - PAGE 3 .' Stover inqui~ed as to what the Pa~k Commission intended to do jf the Dedication Fees did not reach $ 25,000 as anticipated. . Hurm pointed out that $ 15,000 was due in June f~om Waterfo~d - Phase III, and additional monies were due from sub-divisions unde~ way. He indicated that a sho~tfall in 1992 would have to be ca~ried through to 1993. Lewis reite~ated that if the ~efe~endum was held and was not successful, the CIP would back up accordingly and Plan C would then k i c kin. Counci Imember Daugherty expressed his strong feel ings about doing the park correctly and p~oceeding step-by-step, but he wanted the funds to be locked in place before we spend $ 50,000 on grading and excavation, because the ~eferendum may not pass. He wondered if we would then p~io~itize funds and set some aside each year to complete the p~oJect. Hu~m gave a brief outline of Plan C, which had been prepa~ed by the Pa~k Commission on prel iminary basis as a backup plan, should funding not be forthcoming from a referendum. Lewis explained why the Park Commission felt we should move now, and how grading and other costs will rise the longe~ we wait. . Mayor Brancel asked Administrato~ Hurm to get copies of Plan C for the counci I, and she discontinued the discussion to begin the Publ ic Hearing scheduled fo~ 7:15 p.m. (Item continued later in meeting). 6. Zll~_e~~~_=_e~~bl~_~~~BI~~_IQ_~Q~~IQ~B_~~~~II~~_~_eQBIIQ~_QE ~~BQ~~Q8b~_BQ~Q_=_I~Q~8~_QQ~~BIY City Planne~ Nielsen explained a diag~am showing the properties owned by Thomas Dohe~ty, pointing out the actual location of his house and driveway with respect to the overall p~operty boundaries. The staff recommends in favor of the Doherty sub-division and recombination, but asks that the City Council take public comments tonight, and delay any action until the April 13th meeting. At that time, the counci I wi I I receive the Planning Commission's recommendations from the upcoming meeting of March 17. Mr. Joe Zwak, attorney for the Dohertys, clarified the differences between the 25 and 30 foot widths described in his documents. He requested 60 to 90 days to provide an up-to-date title opinion, which wi II give him time to prope~ly reco~d the title, and allows for any title company delays due to heavy home refinancing demands. . Counci Imember Stover pointed out that 60 days f~om the next Counci I meeting in Ap~il would still give Mr. Zwak about 90 days. City Atto~ney Sellergen expressed his opinion that M~. Zwak's requests appeared reasonable, and cla~ified that any fUtu~e decision to vacate a portion of the p~operty would be contingent on p~oof of clear title. 3 J '. REGULAR CITY COUNCIL MINUTES MARCH 9, 1992 - PAGE 4 . Ms. Mary Anne McDaniels of 7231 Bren Lane in Eden Prairie spoke to identify herself as one of the parties having an agreement to purchase the adjoining Beal property. She expressed their concerns with regards to the 25 foot width she feels is necessary for the driveway, and the ambiguities present in the Doherty title. She specificly asked that Mr. Zwak not be given an additional 90 days, because she has al ready postponed her closing numerous times, and is interested in building a home this season. Finally, she wanted to clarify how a joint agreement regarding the driveway would be handled. Further discussion occured between Ms. McDaniels and Mr. Zwak. Mayor Brancel reminded the parties to address their comments to the counci I. Attorney Sellergren pointed out the private matters that do not concern the City, and clarified the Council's roll in the process. Mr. Zwak summarized and closed with a promise to provide a joint agreement with regards to the driveway within two weeks. Mayor Brancel closed the publ ic portion of the meeting at 7:43 p.m. It was moved by Counci Imember Stover, seconded by Lewis, to table the item unti I the Apri I 13th meeting. The motion passed 5/0. 7. Zl11_~~~~_=_~~~bl~_U~~gI~~_=_~gQ~Q2~~_g~2Qb~IIQ~_EQg_~~~@_~gQ@g~~ y~~g_~~III_=_~gQ~~~I~~_~2~_QE_E~~~~ . Administrator Hurm read portions of a letter from JoAnn Kvern regarding the Southshore Senior Center funding. The revised figure requested was $ 1,221 in addition to the previous $ 6,482, for a total of $ 7,703. Hurm gave further information on the Housing Rehabi I itation Program During the fi rst 17 years of the Community Development Block Grant Program Shorewood has received $ 566,746, of which $ 237,714 (42%), has been used for loans to 30 low and moderate income homeowners. They are only required to repay the loan if the property is sold within a 10 year period. There are currently 2 residents on the waiting list for assistance. Hurm explained the eligibility rules as they apply to the CDBG program verses the Minnesota Housing Finance Agency program. Administrator Hurm asked that the Counci I amend the figures on Resolution 26-92 to reflect a budget of $ 7,703 for the Southshore Senior Center Operation, and $14,655 for the Housing Rehabi I itation Loan program, for a total of $ 22,358. Mayor Brancel invited comments from the public. Ms. Lucy McDonald, past chair of the Advisory Board for the Southshore Senior Center spoke to urge the Counci I to contribute to the center. . Mayor Brancel closed the publ ic portion of the hearing, and added that she felt that the increased amount was wel I justified. She also supported using the balance of the funds for the Housing Rehabi I itation Loan program. 4 . , . . . REGULAR CITY COUNCIL MINUTES MARCH 9, 1992 - PAGE 5 Councilmember Lewis asked what year the American Disability Act passed, and whether it would involve any changes to City Hal I. City Planner Nielsen stated that the Act was passed in 1990, and went into effect on January 26,1992. This City building will not be affected, as any minor differences were grandfathered in. It was moved by Stover, seconded by Gagne, to adopt Resolution Number 26-92, with the amended figures and projects, as previously identified. The motion passed 5/0. 4C. Silverwood Park (resumed discussion at 7:53 p.m.) Administrator Hurm clarified the schedule from Plan C through 2013. The discussion on Plan C continued, with Mayor Brancel asking if the picnic areas were alright with the neighborhood residents. Lewis responded that, whi Ie there had been no neighborhood hearings, there had been information meetings. Lindstrom then explained the survey that was done two years ago, and the general feel ing that the plans were popula.r. Daugherty again asked that we get input from the neighborhood, that we get a handle on how we are to progress if we do not get funds from a referendum, and he reiterated his concern that we finish in 3 to 5 years, (i nstead of 22 years). Counci 'member Gagne reminded the counci I of the survey, and then suggested that we have a Park Commissioner at the neighborhood meetings. Lewis suggested having the City Planner avai lab Ie. Stover questioned whether any residents with chi Idren thought the pond would be hazardous. Attorney Sellergren mentioned the excavation of the pond may require an additional permit because of the 1991 Wetland Conservation Act. IT WAS MOVED BY GAGNE, SECONDED BY LEWIS, TO APPROVE THE SITE CONCEPT PLAN. THE MOTION PASSED 5/0. IT WAS MOVED BY GAGNE, SECONDED BY LEWIS, TO APPROVE THE LETTER OF AGREEMENT WITH VANDOREN-HAZARD-STALLINGS, INC. MOTION PASSED 5/0. D. Report on Scheduled Trail Plan Public Informational Meeting. Hurm stated that a map of the trai Is would be inside the next News- letter, which should be out shortly. E. Authorize Discussion with City of Chanhassen on Cathcart Park AFTER SOME DISCUSSION, IT WAS MOVED BY LEWIS, SECONDED BY STOVER, THAT THE CITY ADMINISTRATOR DISCUSS CATHCART PARK WITH THE CITY OF CHANHASSEN. THE MOTION PASSED 5/0. F. Park Commission Telephone Survey Results. Administrator Hurm recapped the phone survey for the Counci I by highlighting that slightly less than 1/2 of the residents use the 5 REGULAR CITY COUNCIL MINUTES MARCH 9, 1992 - PAGE 6 ~ 4E (continued) parks and trails, with 53% using trails most and 47% using parks most. 56% would support the referendum now. The conclusions drawn were that a broad base of support exists for a referendum, and that we should tie in trai I expansion and encourage park use. . 5. Eb8~~1~9_~Q~~I~~IQ~ A. Report on Planning Commission Meeting - February 18, 1992. Counci Imember Gagne stated that he was at the meeting, and the next agenda item was where the discussions had centered. B. Proposed Zoning Ordinance Amendment - L-R District. City Planner Nielsen recapped the history of the ordinance, and why the oversight occured with respect to the 75 foot setback that is not consistent with the 50 foot ordinances elsewhere. Stover stated she wanted to see the Yacht Club conform to the L-R code. Gagne spoke of how the vote had spl it at the Commission meeting. He then asked that we discuss the issue of the fuel tanks at Howard' Point Marina in the future. AI I members concurred. IT WAS MOVED BY STOVER, SECONDED BY GAGNE, TO APPROVE THE PROPOSED ZONING ORDINANCE AMENDMENT. THE MOTION PASSED 5/0. 6-7 These items are Publ ic Hearings which appear earl ier in the minutes 8. PUBLIC WORKS FACILITY - PRESENTATION BY EOS ARCHITECTURE . A. Review Project Plans and Cost Estimate. J. Nicholas Ruehl and Gordon Metcalf explained the construction cost estimates for the Shorewood Publ ic Works Faci I ity. They also enl ightened the Counci I as to the role of a general contractor, and elaborated on how the costs are calculated. City Engineer Dresel explained the cost justification for hooking up to Tonka Bay instead of our own I ine. He stated this route is needed to assure a water supply for the sprinkler system. He further stated it would save about $ 10,000. He estimated that they would take bids and come back to the Counci I with recommendations on Apri I 13th. The plan calls for a completion date in 210 days. City Planner Nielsen mentioned that the landscaping bid was handled separately, and may be covered by an S.B.A. grant. B. A Resolution Approving Plans and Specs and Ordering Authorization to Advertisement For Bids IT WAS MOVED BY STOVER, SECONDED BY GAGNE, TO ADOPT A RESOLUTION APPROVING PLANS AND SPECS AND ORDERING AUTHORIZATION TO ADVERTISE- MENT FOR BIDS. THE MOTION ON RESOLUTION NO. 27-92 PASSED 5/0. 9. ~Q~~IQ~~8IIQ~_QE_l~~f_~E~I~9_~b~8~~E . Administrator Hurm explained the cost changes for the spring cleanup. The items that wi II hae a change in the charge for this year are as follows: Appliances - $8.00, Air Conditioners -$ 17.00, Tires (without rims) - $2.00, Rims - $ 3.00, Truck Tires - $ 6.00. 6 .. REGULAR CITY COUNCIL MINUTES MARCH 9, 1992 - PAGE 7 -'. 9. (continued) . IT WAS MOVED BY LEWIS, SECONDED BY STOVER, TO ACCEPT THE LETTER OF AGREEMENT FROM WOODLAKE SANITARY SERVICE, INC. MOTION PASSED 5/0. 10. ~8II~~~_E~Q~_I~~_EbQQ~ There were none. 11. ~I8EE_B~EQBI~ 1. City Attorney - David Sellergren. A. The Counci I needs to adopt a new ordinance regarding the Sunday Liquor Licenses, to correct an oversight. This will be on the next agenda. B. Attorney Sellergren is switching to the law firm of Doherty, Rumble and Butler effective Monday, March 16th. He expressed his desi re to remain as Attorney for the Ci ty of Shorewood, and asked for the Council's permission to remove pertinent files from our current firm of Larkin, Hoffman, Daly and Lindgren, LTD. This matter wi I I be taken under consideration. Mayor Brancel called for a short recess at 9:00 p.m. The meeting was reconvened at 9:04 p.m. ~ 2. City Engineer - Joel Dresel. Report on Participation in the Regulatory and Warning Sign Replacement Program. The estimate of our cost for replacement of signs is $ 1,216, which is 10% of the total cost. The other 90% is covered by a grant. Dresel wi II put the request into memo form for the next Consent Agenda. 3. Planning Director - Brad Nielsen. No Report. 4. City Administrator - James C. Hurm A. City Policy - City Values. IT WAS MOVED BY DAUGHERTY, SECONDED BY GAGNE, TO ACCEPT THE SHOREWOOD CITY VALUES DATED JANUARY, 1992. MOTION PASSED 5/0. B. Report on Codifying Ordinance 250 - Municipal Fees. There will be an initial cost of $ 1,000 to $ 1,500 to amend the City Code. We wi I I then continue to review and change code in just one place in the future, at a greatly reduced cost. Counci Imember Stover questioned whether once a year was frequent enough for code changes, and Administrator Hurm explained that it worked well to handle it tht way. ~ C. Letter from Knutson Services, Inc. - Recycl ing Drop Off. Hurm explained the letter from Mark Heieren asking the Counci I to consider discontinuing the recycl ing drop off site. He spoke to the county, and expressed concern that we could lose a portion of our 80% county reimbursement if our recycl ing drops below 18% of total tonage. Hurm suggested areas of compromise, such as not taking glass or cardboard. A report wi I I be forthcoming. The county wi I I probably be going to a block grant program in 1993. 7 \ .. . . . REGULAR CITY COUNCIL MINUTES MARCH 9, 1992 - PAGE 8 D. Twin City Metro Water Supply Plan for Action Brad Nielsen wi I I read the plan and summarize it for the Counci I at the next meeting. E. Comprehensive Sewer Policy Plan - City of Orono. Nielsen wi I I review it and share comments with the City Counci I. 12. ~Q~~~lb_B~EQBI~ 1. Mayor Barbara Brancel A. Annual Easy Race - May 3, 1992 Mayor Brancel asked for a motion to approve the Annual Easy Race and allow the 600 + runners to go through the city. It was moved by Stover, seconded by Gagne, and the motion passed 5/0. B. Comprehensive Sewer Policy Plan - City of Orono This was previously discussed by Administrator Hurm. 2. Councilmembers A. Kristi Stover Counci Imember Stover stated that the packets were distributed on time, but some of the material arrived too late to be included in the packets. B. Bob Gagne Counci Imember Gagne mentioned we had easement documents back from 7 of 12 properties along the Church Road project. 13. ~QlQ~B~M~~I_~~el~~I_IQ_I~~_E~YM~~I_QE_~b~IM~ IT WAS MOVED BY GAGNE, SECONDED BY STOVER, TO APPROVE THE CLAIMS AS ATTACHED, AND TO ADJOURN THE MEETING AT 9:20 P.M. THE MOTION PASSED 5/0. B~~E~~IE~bbY_~~eMIII~Q, Debbie Grahek Interim Recording Secretary ~II~~I: JAM~R~-~INISTRAT6R 8