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031395 CC Reg Min . . ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 13, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7 :05 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, and McCarty; Administrator Hurm, City Engineer Dresel, Public Works Director Zdrazil, Acting City Attorney Martin, and Planning Director Nielsen. Councilmember Stover. Absent: B. Review Agenda Malam moved, . Benson seconded to approve the agenda for March 13, 1995. Motion passed 4/0. 2. APPROVAL OF MINUTES City Council Regular Minutes - February 27, 1995 McCarty moved, Malam seconded to approve the City Council Regular Meeting Minutes of February 27, 1995, with a correction on page 3, line 7: change 4 to 1 to 3 to 1. Motion passed 3/0. Benson abstained. (Correction underlined.) 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for March 13, 1995. McCarty moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolution therein: A. Motion to Set Spring Clean Up for May 20, 1995 and Authorize Execution of Service Agreements. B. RESOLUTION NO. 95-18, "A Resolution Making Appointments to the Shorewood Park Foundation Board of Directors. Don Kelly, David Steinkamp, Charlie Cox. C. Motion to Approve the Bid Results and to Authorize Purchase of a 1995 Dump Truck Cab and Chassis from Lakeland Ford in the amount of $14,843.00. Motion passed 4/0. 4. MATTERS FROM THE FLOOR . . . REGULAR CITY COUNCIL MINUTES March 13, 1995 . PAGE 2 George Harrison, 24710 Amlee Road, expressed thanks to the people who responded to a recent water problem at his residence. He reported that after the recent snowfall, 3 snowmobilers passed his home after 11 p.m. and one turned around on his portion of the wetland area. Harrison stated the trail is not being monitored by the snowmobilers' association and he strongly urged the City to consider eliminating snowmobiles from that part of the trail system for safety reasons. 5 . PARKS . Report by Representative A. Report on February 28 Park Commission Meeting Commissioner Wilson introduced Commissioner Trettel, Chair of the Parks Festival Committee, who reviewed the activities planned at Freeman Park on May 20, 1995. Wilson reviewed the discussions and actions taken by the Commission at its February 28 meeting (detailed in minutes of that meeting). The Commission took unanimous action to recommend that the Council allow recreational snowmobile use on public property within the community. The Commission recommended 3 persons for appointment to the Park Foundation. The Commission agreed to consider an alternate site configuration for the proposed Senior Community Center at Badger Park and agreed to formally publicize Park vandalism and related repair/replacement costs. B . Consideration of Request by Little League to Provide Improvements in Freeman Park Commissioner Wilson reviewed the South Tonka Little League's request to make improvements, at the League's expense, at Freeman Park, including installation of: 1) aluminum bleachers at Fields 2 & 3; 2) cement slabs at Fields 1,2, & 3; 3) fence at Field 1 players' benches; 4) a pay phone; 5) raise a Field 3 fence; and 6) build a utility building by Field 3. Installation and monthly charges for the pay phone will also be paid for by the Little League. The Commission unanimously recommends acceptance of the proposed improvements and requested the cooperation of Public Works to assist with machinery or digging that may be necessary. Mayor Bean inquired whether the improvements require Planning review. Nielsen stated he is familiar with the projects none of which require formal review. It was requested that legal clarification of ownership and adequate fmancing of the improvements be documented appropriately. McCarty expressed appreciation to the South Tonka Little League for its generous improvements to Freeman Park. McCarty moved, Malam seconded to accept the improvements to Freeman Park proposed by the South Tonka Little League with the understanding that Public Works will dig the footings for the cement slabs. Motion passed 4/0. 6. PLANNING. Report by Representative Commissioner Pisula reviewed the actions taken and recommendations made at the Planning Commission's March 7 meeting (detailed in the minutes of that meeting). Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit to Construct a Single-Family Dwelling on a Substandard Lot in the Shoreland District. Applicant: John Hannigan. Location: 4370 Enchanted Point. . . . REGULAR CITY COUNCIL MINUTES March 13, 1995 - PAGE 3 Nielsen reviewed the applicant's request for a C.U.P. to build a single-family residence on a substandard shoreland lot at 4370 Enchanted Point (detailed in Nielsen's 02-05-95 memorandum). The applicant's request is consistent with the Zoning Code, therefore approval is recommended. The applicant was not present at this meeting. Benson noted that although the subject property is unusual in shape, no variances are required because the applicant proposes to build a house to fit the lot. McCarty moved, Malam seconded to direct the staff to prepare findings of fact approving a conditional use permit for John Hannigan to construct a single-family dwelling on a substandard lot, at 4370 Enchanted Point, in the Shoreland District. Motion passed 4/0. 7. MOTION TO SET A PUBLIC HEARING FOR APRIL 24, 1995 AT 7:30 P.M. TO CONSIDER VACATING PART OF SUMMIT AVENUE Benson moved, McCarty seconded to set a Public Hearing at 7:30 p.m., April 24, 1995, to consider vacating part of Summit A venue. Motion passed 4/0. 8. CONSIDERATION OF AN ORDINANCE ESTABLISHING A PERMIT SYSTEM FOR OCCASIONAL OUTDOOR SALES FOR CHARITABLE ORGANIZA TIONS Nielsen stated the American Legion Auxiliary requested permission to conduct an annual plant sale during the last weekend of April and during weekends in May 1995 (detailed in his 3-10-95 memorandum). He explained that Chapter 308, Section 308.02 Subd.5 and Section 308.03 of the City Code provide for administration of such a request. Section 308.05 allows the City to waive the $50 fee for charitable organizations. Nielsen recommended that rather than create a new ordinance, the City apply this Chapter of the Code to accommodate this request. The Code provides that the City Administrator may approve a license. The Council may wish to consider waiving the 1995 license fee for the Legion; and on a case by case basis in the future. Following discussion, the Council agreed that the characteristics of the Legion's activities related to this request and its history of charitable donations throughout the City qualify for administration under Chapter 308 of the Code and for waiver of the 1995 license fee. Benson moved, McCarty seconded to waive the $50 license fee for the American Legion Auxiliary plant sale during the last weekend of April and weekends in May, 1995. Motion passed 4/0. 9. CONSIDERATION OF A MOTION AUTHORIZING ADDITIONAL SOIL BORINGS AT BADGER PARK Nielsen explained the request of TSP/EOS Architects and Engineers for authorization of funds to conduct additional soil borings to evaluate the possibility of locating the proposed South Shore Community Center on an alternative site in the City Ha1lIBadger Park property (detailed in TSP/EOS 03-09-95 memorandum). Nielsen reported the Planning Commission recommends Council approval of the original C.D.P. request. Both the Park and Planning Commissions remain open to consideration of the alternative site. The depth of pilings required for the foundation system is important because the cost of locating the building on the alternative site versus the present site is equal up to a piling depth of 30'. Beyond 30', the cost increases incrementally. Additional testing will cost $2500-$2700. . . . REGULAR CITY COUNCIL MINUTES March 13, 1995 - PAGE 4 Hurm explained the basis for additional testing is to select the best location for the Center to create a campus-like design for the entire property and its components. He pointed out that additional costs would result if the Center is re-Iocated on the property. During Council discussion, Mayor Bean related the consensus opinion of the cities participating in the Center's construction, i.e., only previously committed funds will be available from those cities. McCarty questioned the desirability of spending additional funds because it is known that the soil conditions on the property are very poor given the types of materials that have been deposited beneath the surface. While it was noted that TSPIEOS will contribute additional architectural work required, concern was expressed as to who would bear the cost of additional borings and additional costs related to the alternative site such as for landscaping. Mr. Robert Gagne, Chair of the Senior Community Center Task Force, stated the recommendation of the Task Force is that money should not be spent on additional testing and that the original site for the Center in the northwest corner of the property is acceptable. He explained that TSPIEOS initiated the alternative site. Malam stated funding for programs at the Center is more important than spending funds for testing that has a questionable outcome. Benson suggested that the Park and Planning Commissions study the feasibility of the alternate site. and a possible reconfiguration on the property, prepare a recommendation for the Council. A joint meeting of the Park and Planning Commissions was tentatively set for Tuesday, March 21, to consider an overview of a reconfiguration of the property. 10. CONSIDERATION OF A BID AND AUTHORIZATION TO PURCHASE 1995 RUBBER TIRE LOADER Zdrazil recommended purchase of a rubber tire tool carrier and attachments from Ziegler, Inc. The Company's bid of $92,852 is significantly below the capital improvement budget amount of $109,881. The equipment meets or exceeds all specifications and is considered the best overall long-term investment of City funds. Benson moved, Malam seconded to authorize purchase of a Caterpillar Model IT28F Wheel Loader and to award the bid to Ziegler, Inc. in the amount of $92,852.00 plus tax for the Public Works Department of the City of Shorewood. Motion passed 4/0. Following the Council's action, a representative from St. Joseph Equipment Company, requested an explanation of why the Company's bid for a Case Model tool carrier/loader, which was lower than that awarded, was not accepted. Zdrazil stated the Case Model did not meet specifications. He detailed the deficient specifications of the Case equipment. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE PLANNING COMMISSION Mayor Bean stated the Council completed its interviews of candidates for two open positions on the Planning Commission created by the election of Robert Bean as Mayor and Douglas Malam as Councilmember. Malam moved, McCarty seconded to adopt RESOLUTION NO. 95-19, "A Resolution Making Appointments to the Shorewood Planning Commission. " REGULAR CITY COUNCIL MINUTES March 13, 1995 - PAGE 5 . Motion passed 4/0. Christine Lezee to fill a vacancy expiring December 1996. Virginia Kolstad to fill a vacancy expiring December 1995. 12. DISCUSSION OF POLICY ISSUES - None. 13. LMCD - Report by Representative Bob Rascop Mr. Robert Rascop, LMCD member representing Shorewood, updated the Council on current LMCD projects and announced that Mr. Gene Strommen, LMCD Executive Director, resigned recently and accepted a position with the Minnetonka Watershed District. 14. ADMINISTRATOR AND STAFF REPORTS A. Engineer's Report on Water System Analysis Dresel explained that the water system analysis is being conducted in three phases: input of the existing system data, perform functions to purify the data, and conduct selected pressure line testing this spring. It is expected that the resulting model will aid in analyzing the existing water system. Dresel commented on recent water runoff in the City caused by unusual weather conditions and frozen culverts. He reported that no structural damage has occurred and that continuing warm weather is expected to resolve the problems. . B . Letter on Rescue Squad - Excelsior Fire Department Hurm referred to the March 6, 1995 letter from the City of Excelsior informing Shorewood of the availability of a used 1990 rescue squad for purchase by the Excelsior Fire Department. The Department's vehicle replacement budget, previously approved by the contract Cities, scheduled replacement of a fire truck in 1995 and a rescue squad in 1996. However, it is proposed that if the Department is awarded the bid for the rescue squad that unit be purchased in 1995 to take advantage of an excellent purchase at substantial savings and that a new fire truck be purchased in 1996. 15. MAYOR AND COUNCIL MEMBER REPORTS The Councilmembers expressed disappointment that the City of Chanhassen failed to honor the "gentlemen's" agreement related to its contribution to the Southshore Senior Community Center. A small parcel of Shorewood property had been annexed to that City to make it eligible for CDBG funds that would, in part, be contributed more generously to the Southshore Senior Community Center. It was agreed that a letter be sent to Chanhassen requesting re-consideration of its allocation of CDBG funds to include an additional contribution to the Center. Mayor Bean and Hurm updated the Council on the status of the City's fmancing plans for the proposed Senior Community Center. 16. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS Benson moved, McCarty seconded to adjourn the City Council meeting at 8: 45 p.m. to a work session format, subject to approval of claims. Motion passed 4/0. During its Work Session, the Council and staff discussed revisions to the Comprehensive Plan and changes to the Capital Improvement Program. No formal action was taken. . . . . REGULAR CITY COUNCIL MINUTES March 13, 1995 - PAGE 6 RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk, Recording Secretary TimeSaver Off Site Secretarial ATTEST: /1 C' /J I. lj .).,1/I!\jxJ ... lTvt/VVV\ JAME c. HURM, CITY ADMINISTRATOR ,.. ....\Q '! ........ )k:'~~ <.-oI'"t 1XA./\-1-)1 - . ROBERT B. BEAN, MAYOR