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091195 CC Reg MinCITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 11, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, City Engineer DeLaForest, City Attorney Keane, Planning Director Nielsen, and Finance Director Rolek. B. Review Agenda Benson moved, McCarty seconded to approve the agenda for September 11, 1995 amended by removing Item 3L. and 3M. from the consent agenda to discussion items following Item 5. Motion passed 510. 2. APPROVAL OF MINUTES is A. City Council Regular Minutes - August 28, 1995 McCarty moved, Benson seconded to approve the August 28, 1995 City Council Regular Meeting Minutes as amended on Page 2, Paragraph 8, Line 1 and Paragraph 9, Line 2 and Paragraph 10, Line 2 replace "Pastruck" with "Pastuck ", Page 3, Paragraph 7, Line 1 and Line 2 replace "site" with "sight" and on Page 5, Paragraph 5, Line 1 replace "Rich" with "Rick ". Motion passed 510. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for September 11, 1995. McCarty moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95 -79 "A Resolution Accepting Park Trails and Playground Surfacing Project, Project No. 94 -9, and Authorizing Final Payment." B. RESOLUTION NO. 95 -80. "A Resolution Approving a Conditional Use Permit for Space in Excess of 1,200 Square Feet." Applicant: Kurt Scheurer. Location: 26930 Edgewood Road. C. RESOLUTION NO-95-81, "A Resolution Approving a Setback Variance / Variance to Expand a Nonconforming Structure." Applicant: Jim Kantola. Location: 20845 Radisson Road. REGULAR CITY COUNCIL MINUTES September 11, 1995 - PAGE 2 D. RESOLUTION NO. 95 -82, "A Resolution Approving a Setback Variance / • Variance to Expand a Nonconforming Structure. "_ Applicant: Robert West. Location: 5815 Ridge Road. E. RESOLUTION NO. 95 -83. "A Resolution Approving a Setback Variance / Variance to Expand a Nonconforming Structure." Applicant: Stephen and Joan Olson. Location: 20760 Radisson Road. F. RESOLUTION NO. 95 -84 "A Resolution Approving a Revision to Previously Approved Setback Variance." Applicant: Richard Kowalsky. Location: 5740 Christmas Lake Point. G. Motion to Approve a Subdivision Sign Permit - Zachary Woods. Applicant: Brent Sinn. Location: 6035 Galpin Lake Road. H. Motion to Extend a Deadline to Comply with Notice to Remove and Zoning Violation Letter. Appellant: Michelle Richter. Location: 22740 Murray Street. I. RESOLUTION NO. 95 -85, "A Resolution Approving a Right -of Way Permit." Applicant: Whitley Mott. Location: 24890 Yellowstone Trail. J. RESOLUTION NO. 95 -86, "A Resolution Setting the 1996 Proposed General Fund Budget and the Preliminary 1995 Property Tax Levy Collectible in 1996." K. RESOLUTION NO. 95 -87, "A Resolution Setting a Public Hearing and • Subsequent Hearing on the Proposed 1996 Municipal Budget." Mayor Bean noted the public hearing to review the proposed 1996 budget for the City of Shorewood addressed in Item K is scheduled for Wednesday, November 29, 1995 at 7:45 p.m. in the Council Chambers. Motion passed 510. 4. MATTERS FROM THE FLOOR Dave Rice, 22740 Murray Street, stated he lived with his girlfriend, Michelle Richter, at the property addressed in agenda Item 3H. He stated they had just bought the house and had gotten everything cleaned up, licensed and insured. The only thing remaining on the property is a dock which he will have a spot for next spring. He stated he did not want to put the dock in the garage as he wants to park his cars there. He noted people who live on a lake are not required to put their docks in the buildable area of the lot but are allowed to leave it on the lakeshore. Mayor Bean explained the ordinance was different for lakeshore property than it was for non - lakeshore property. Councilmember Stover asked if the dock could be moved to Mr. Rice's lakeshore property now. Mr. Rice indicated he would not own the lakeshore property until spring. He stated he could move the dock behind the garage where it would not be visible to anyone but he would not be able to move it off the lot until next spring and intends to move it as soon as the ice is off the lake. Mr. Rice stated all other conditions had been complied with. He noted he had lived on a lake in Tonka Bay for 34 years and now moved to Shorewood and has no Lakeshore. He indicated he would like to store the dock right below the garage within the legal setbacks. REGULAR CITY COUNCIL MINUTES September 11, 1995 - PAGE 3 Mr. Nielsen indicated he would change his recommendation to grant the appellant 30 days to comply with City Code with regard to all items except the dock sections which could be stored on the property until May 1, 1996. There was Council consensus to direct staff to prepare a motion to extend a deadline to comply with notice to remove for all items by October 12, 1995 except the dock sections which could remain in a location within the buildable area of the lot until May 1, 1996. 3L. CONSIDERATION OF ENGINEER JOB DESCRIPTION AND SALARY RANGE City Administrator Hurm reported the City Engineer and Public Works Director position will be combined to one position. Councilmember Benson explained Donald Zdrazil, the current Public Works Director is retiring. The new City Engineer will be able to train with Zdrazil before he leaves. He stated the top candidate is very qualified. Benson moved, McCarty seconded to approve the City Engineer Job Description and Establish a Salary Range. Motion passed 510. 3M. CONSIDERATION OF APPOINTMENT TO ENGINEER / PUBLIC WORKS DIRECTOR POSITION Councilmember Benson indicated the candidate chosen was Mr. Larry Brown. Hurm indicated everyone was pleased with the candidate. Benson moved, Malam seconded to adopt RESOLUTION 95 -88, "A Resolution approving the Appointment of Lawrence Brown to Engineer / Public Works Director Position." Motion passed 510. Councilmember Malam, on behalf of the City Council, thanked Councilmember Benson for all his efforts in this process. 5. 7:45 PUBLIC HEARING - DELINQUENT UTILITY AND OTHER PROPERTY SPECIFIC CHARGES Finance Director Rolek explained once per year delinquent utility accounts, including sewer, stormwater utility, City clean -up, dry hydrant, and property clean-up charges, are levied against the affected properties. After this year there will not be a public hearing on this issue because a review of the State Statute has indicated a public hearing is not required. Mayor Bean opened and closed the public hearing at 7:52 p.m. since no one appeared to address the Council. Mayor Bean expressed surprise at the length of the list. Rolek explained there was no mechanism to shut off the services and this is the City's only recourse. He indicated there will be an assessment against the affected properties as soon as the resolution is adopted. Stover moved, Malam seconded to adopt RESOLUTION NO 95 -89, "A Resolution directing Delinquent Sewer Charges, Stormwater Utility Charges, City Clean -up Charges, Dry Hydrant Charges, and Property Clean -up Charges be Placed on the 1996 Property Tax Rolls." Motion passed 510. REGULAR CITY COUNCIL MINUTES September 11, 1995 - PAGE 4 . 6. PARKS - Report by Representative Commissioner Dzurak reviewed the discussions by the Commission at its August 29, 1995 Park Commission meeting. (Details are provided in the minutes of that meeting.) 7. PLANNING - Report by Representative Commissioner Pisula reviewed the discussions and recommendations made at the Planning Commission's September 5, 1995 meeting. (Details are provided in the minutes of that meeting.) A. Consideration of an Appeal to a Zoning Violation Letter. Applicant: Peter Lehman. Location: 21285 Radisson Road. Nielsen reported Mr. Lehman had indicated he would not be able to attend the meeting tonight because he was out of town. Nielsen stated staff is recommending the property owner be granted an extension until October 11 to comply with City Code or make appropriate application for a zoning request by that time. Nielsen explained the ordinance requires outdoor storage occur only in the buildable area of the lot. Mr. Lehman would prefer storage to occur in the driveway or on the street side of the property. Nielsen indicated the applicant could consider a variance request, if he can demonstrate a hardship, but he presumes there are other options available. Stover moved, McCarty seconded to grant an extension to October 11, 1995 to comply with the Code or, as an alternative, make appropriate application for a zoning request by that time, per staff recommendation. Motion passed 510. 8. CONSIDERATIONS REGARDING BOULDER BRIDGE AND BADGER is FIELD WATER SYSTEM IMPROVEMENT PROJECT A. A Resolution Accepting Bids and Awarding Contract for Boulder Bridge and Badger Field Water System Improvements. City Engineer DeLaForest explained on August 25, 1995, four bids were received for the project with the lowest bid of $903,914.00 being received from Dave Perkins Contracting, Inc. He indicated the City has the option of contracting all of the work or only a portion. He explained there were two reasons the prices were higher than anticipated. One was the ambiguity of how the watermain fittings were bid. If the work is awarded to Dave Perkins, the fittings will be at the price bid per pound, but the quantity will be based on the actual weight of compact fittings used. This will result in a price reduction of $41,000. The second reason the bid was higher is the bidders seemed to view the work as being more difficult than the engineer did due to the restrictive work space and the requirement to maintain traffic on Smithtown Road. DeLaForest explained the two main factors in the difference between the feasibility report estimate and the lowest bid received are the amount of necessary pavement restoration and the utility interference which will require more expensive "directional boring" techniques. He stated Rolek had studied the cash flow and determined the project was still financially feasible. The Heritage Development is relying on water being provided this fall and Lundgren Bros stated they can wait until next Summer. He also noted if Council awards all of the work for the project at this time, it is unlikely all the work will be completed this year. DeLaForest recommended City Council award all work to Dave Perkins Contracting, Inc. for $903,914. If only part of the work is awarded, he recommended awarding Schedule D, so Heritage Development will be served this year. Benson moved, Malam seconded to adopt RESOLUTION NO. 95 -90. "A Resolution Accepting Bid and Awarding Contract for Boulder Bridge and Badger Field Water System Improvements to Dave Perkins Contracting, Inc. in the amount of $903,914. Motion passed 4/1. (Stover voted nay.) REGULAR CITY COUNCIL MINUTES September 11, 1995 - PAGE 5 B. A Resolution Establishing Water Connection Policy. Rolek reported he had performed a cash flow with the assumption hook -ups would be required as water is made available and the water fund becomes fairly low in the year 2010 but increases after that point. An analysis was also done on the presumption one tenth of the residents would hook- up to the water system and this resulted in a deficit in the year 2010. Councilmember Stover asked if the projections took into account any other expansions to the water system. Rolek indicated this only considered the project at hand. Rolek noted this project had a large capital expenditure. The water tower is being built to serve a large area but is now only affecting a small area. Mayor Bean asked what areas are anticipated to be served by next year. DeLaForest stated they are planning stage development implementation of the water system by looking at the potential assessments, trunk charges, and user revenue of the people who will be coming onto the system. There are also other possibilities such as serving part of the City of Victoria. In response to Councilmember Malam, Rolek indicated the cash flow analysis did assume everyone with water available would hook -up within two years. Councilmember Benson stated he was not troubled by the bid process but was not comfortable with forcing people to hook -up immediately to the system when it comes by on their street. He stated some people may need longer as the hook -up may be very expensive. He indicated he was also not comfortable in charging a user fee to those who chose not to hook -up. He suggested an • analysis be performed in one year to determine if mandatory hook -up was necessary. Councilmember McCarty stated it was always known there would be a point when everyone would have to hook -up but no specific deadline had been determined. She stated this was painful but is the only fiscally responsible thing to do. Mayor Bean indicated he did not agree with a year to year analysis as he wanted consistency for the residents. Councilmember Stover stated she did not want to force people to hook -up to the system. She indicated she would prefer an annual analysis and if hook -ups are necessary, require them at that time. If enough people hook -up, mandatory hook -ups may never be necessary.. Councilmember McCarty stated she would prefer the availability charge. She noted Orono and Victoria use this procedure. Mayor Bean stated the decision to move forward with the water system was made because the community needs City water. In order to make this economically viable, it requires hook -ups. He stated he believed it was appropriate to give people a reasonable timeframe to work with so they can plan. Mayor Bean indicated the choices were to have higher assessments or a lower assessment and utility charges to fund the difference. The assessments alone would not fund the system. Councilmember Benson stated some people may not be able to afford a $5000 assessment and then the fee to hook -up at the same time. He indicated he was uncomfortable making a decision tonight. He stated he would agree with a mandatory hook -up in 18 months but believed the issue should be • reviewed in one year. Councilmember Malam indicated he was comfortable with this timeframe. REGULAR CITY COUNCIL MINUTES September 11, 1995 - PAGE 6 Councilmember Stover stated she felt it would be appropriate for an analysis to be done one year • from today and a determination made at that point when or if hook -up will be required. She believed there would be better facts to deal with at that time, such as real costs, who had hooked - up, etc. There was Council consensus to direct staff to prepare a resolution establishing policy regarding hookup to the municipal water system to include "residents shall hookup to the water system within 18 months of water being available unless City Council determines the deadline be extended following an analysis of the status of the water fund by September 1996 ". Mayor Bean recessed the meeting at 9:52 p.m. and reconvened the meeting at 10:07 p.m. 9. ADMINISTRATOR AND STAFF REPORTS A. Engineer's Report on Resident Request to Extend Watermain Project. DeLaForest reported the property owners of 5935 and 5970 Afton Road have requested water hook -up during the 1995 water improvements. He stated both properties are quite a way off Smithtown Road and hook -up cannot be implemented under the Smithtown Road project. He stated an implementation plan for future water extension is being done and when a schedule for extension along Afton Road and Cathcart Drive is reached, the residents will be notified when they can expect water. B . Engineer's Report on Minnewashta School Tower Site Investigation. DeLaForest reported he met with Eugene George, Mr. Lloyd Law, Mr. Terry Forbord and Mr. • John Uban to discuss the sighting of the water tower on the Minnewashta School property. He stated three sites are being considered. There was also a fourth potential location identified which is closer to the school and Smithtown Road. The City has agreed to provide soil borings for each site. A report should be received from the company performing the soil borings by the middle of the week and a report will available for the City Council on the cost of the different options within two weeks. Mayor Bean recognized Mr. Forbord, representing Lundgren Bros., for his help in researching alternative plans for the water tower site. C. Administrator's Report on Metro Mobility Service to the City Hurm reported he had met Mark Fuhrmann from the transit staff of the Metropolitan Council to discuss the issue of Shorewood, Tonka Bay, Plymouth, Maple Grove, Osseo, Vadnais Heights and White Bear Township losing Metro Mobility Service. It was initially determined that the Metropolitan Council is not required to provide Metro Mobility Service to these seven communities according to the requirements of the Americans with Disabilities Act. Mr. Fuhrmann indicated he will be recommending a compromise to the Metropolitan Council that the service run from 6 a.m. to 7 p.m. This would cover 90 -92% of the current calls. The proposal is to take $7,000 from the taxes levied on Shorewood properties by the Metropolitan Council and $5,580 from State funds. McCarty moved, Stover seconded to adopt RESOLUTION NO. 95 -91 "A Resolution Maintaining Metro Mobility Service for Shorewood Residents Amended by Adding "Request Service to the Shorewood Residents be Maintained at the Same Level as Other Metropolitan Communities ". Motion passed 510. • 'REGULAR CITY COUNCIL MINUTES September 11, 1995 - PAGE 7 Hurm reported he received a letter from the State of Minnesota Board of Government Innovation • and Cooperation regarding meetings sponsored by State Senators and Representatives. These meetings will be held at the Minnetonka City Hall Council Chambers on Wednesday, September 27 and Wednesday, October 18 from 6:30 to 9:30 p.m. Hurm reported there will be a final work session regarding the Senior Community Center on September 13 at 5:30 p.m. Hurm reported with regard to the Livable Communities Act, the Administrators of the lake area have been getting together on a monthly basis. At the last meeting, staff from the Metropolitan Council has determined that the South Lake area should have one meeting in which the elected officials hear the presentation regarding the Livable Communities Act and discuss actions. This meeting will be at the Deephaven City Hall on Wednesday, September 20 at 7:00 p.m. City Council has to take action on whether to participate by November 15, 1995. 14. ADJOURNMENT TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS Malam moved, Stover seconded to adjourn the City Council meeting at 10:49 p.m., subject to approval of claims. Motion passed 510. RESPECTFULLY SUBMITTED Lorri L. Kopischke Recording Secretary . TimeSaver Off Site Secretarial ATTEST ROBERT B. BEAN, MAYOR JAME . HURM, CITY ADMINISTRATOR •