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041188 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 11, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, April 11, 1988, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Stover, Haugen and Gagne. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Stover moved, seconded by Brancel, to approve the minutes of March 28, 1988 as amended with corrections on pages 1 & 3. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Galpin Lake Woods Issue Mr. John Moore was present in reference to the Galpin Lake Woods final plat request. He would like to know if any further information has been submitted by Arens that the developer has not had an appointment to see prior to discussion on this agenda as was the case at the last meeting. Stover moved, seconded by Haugen, to amend the Agenda to move item No.8 (Galpin Lake Woods) to No. 4A. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover stated that items 6,7,9,10 & lIon this agenda were reviewed at the last meeting. They also reviewed the Baywood Shops that is not on this agenda. Stover would like to report on item No. 9 at the beginning of that discussion. PARK COMMISSION REPORT Commissioner Jakel was present to review the action taken at the Park Commission meeting. Recommendation was made to accept park funds fees in lue of land donation for Strawberry Fields and additional plats for Near Mountain at $350.00 each for originally platted lots and $500.00 for newly platted lots as part of the proposed P.U.D. amendment. -1- MINUTES MONDAY, APRIL 11, 1988 PAGE TWO . PARK COMMISSION REPORT - CONTINUED Brancel moved, seconded by Gagne, to accept cash donations for Park Fund fees on Strawberry Fields. Motion carried - 5 ayes. Brancel moved, seconded by Haugen, to accept $350.00 on previously proposed lots and $500.00 on newly platted lots in the Near Mountain subdivision. Motion carried - 5 ayes. The Freeman Park grading plan will be changed to make the parking lot rectangular. This change should not increase the cost of the project. MWCC EASEMENT ON CATHCART PARK RESOLUTION &0.27-88 Mr. Bill Engelhardt with the City of Chanhassen was present to obtain a signed easement with Shorewood for installation of a new street section for Church Road near Cathcart Park. The Commission has concerns of safety of the children using the ball field along Church Road if the road was widened. Mr. Engelhardt felt the installation of curb and gutter would better define the road way and suggested the installation of a 4' fence along the road to prevent children from running into the road to retrieve stray balls. . Brancel moved, seconded by Gagne, to authorize the Mayor and City Clerk to execute an easement with the City of Chanhassen to grant a 17' easement to widen the street.. Jakel would like to see telephone lines place underground at this time. Motion carried carried by Roll Call Vote - 5 ayes. GALPIN LAKE WOODS FINAL PLAT TABLED Jeff Schoenwetter requested final plat approval for the Galpin Lake Woods Addition. Planner Nielsen read letters submitted from the Hennepin County surveyors office and from Jeff Schoenwetter regarding the issue of a 10' discrepency in surveys brought forth by Mr. and Mrs. Arens. The County Surveyor does agree with the Galpin Lake Woods plat as submitted. Mr. Schoenwetter has attempted to meet with the Arens and their surveyor and/or Attorney to resolve this problem but they have not been able to attend any meetings at this time. Arens has not produced any survey, only a letter from Jeffrey Lindgren. Bruce Grivna of Egan, Field & Nowak brought the original notes done by surveyors when this property was originally surveyed and he feels these notes support their present survey. He stated that the surveyors job is to represent the facts and follow the method of determining the orginal survey to determine the proper placement of the property line. Attorney Froberg felt the meeting to determine a solution would be appropriate to hold with the County Surveyor, and if no agreement is made, litigation could follow. Nielsen suggested that construction not be allowed until the County has accepted and recorded the plat. . Haugen moved, seconded by Rascop, to remove the issue from tabling. Motion failed 2 ayes to 3 nays. -2- . . . MINUTES MONDAY, APRIL 11, 1988 PAGE THREE GALPIN LAKE WOODS - CONTINUED Haugen moved, to schedule 18, 1988, to discuss the carried - 5 ayes. a special meeting for 5:30 p.m. on April Galpin Lake Woods final plat. Motion Schoenwetter has submitted all information and Arens will have to submit their survey. CONSENT AGENDA Annual Hennepin County Fair Donation An annual donation of $50.00 has been budgeted to Hennepin County Argricultural Society to help support the Hennepin County "Olde Tyme" Fair. S.E. Area Water Tower - Payment Voucher No.2 Engineer Norton recommended the S.E. Area Water Tower $23,537.20 to CBI Na-Con, Inc. of Payment Voucher No. 2 for No.86-lD in the amount of payment Project Freeman Park Grading - Payment Voucher No.1 Norton recommended payment of Voucher No.1 for the Freeman Park Grading Project No.87-5 in the amount of $4,988.00 to Widmer, Inc. City Hall Expansion Proiect - Payment Voucher No.4 Staff recommended payment of Voucher No. 4 - City Hall Expansion in the amount of $1,533.30 to Zastrow-Nassett Construction, Inc. Haugen moved, seconded by Brancel, to approve the items as requested on the Consent Agenda. Motion carried - 5 ayes. PUBLIC HEARING - NEAR MOUNTAIN PLANNED UNIT DEVELOPMENT Mayor Rascop opened the public hearing to hear a request to vacate drainage and utility easements and simple subdivision and combination in Near Mountain at 8:30 p.m. Nielsen explained the request was to adjust some lot lines on lots in McKinely Place and Near Mountain Boulevard and then designate utility easements along the new lot lines. Mayor Rascop closed the public hearing at 8:35 p.m. after asking for public comment and receiving none. VACATE EASEMENTS RESOLUTION &0.28-88 Gagne moved, seconded by Brancel, to vacate the existing utility easements on Lot 1, Block 4 and Lot 2, Block 2, McKinley Place and Lot 16, Block 1, McKinley Place 2nd Addition. Motion carried by Roll Call Vote - 5 ayes. -3- MINUTES MONDAY, APRIL 11, 1988 PAGE FOUR . APPROVAL OF SUDIVISION AND COMBINATION RESOLUTION NO.29-88 Gagne moved, seconded by Stover sUbdivision/combination to rearrange Lot 2, Block 2 McKinely Place and Lot Addition. Motion carried by Roll Call to approve the simple existing Lots 1, Block 4, and 16, Block 1, McKinely Place 2nd Vote - 5 ayes. LAWTONKA - REZONING RIA TO RIB LAWTONKA - PRELIMINARY PLAT ORDINANCE NO.207 RESOLUTION NO.30-88 Pete Boyer present to subdivision Commission ( 7 ) items an added and C with and his representatives from Schoell and Madsen were request rezoning and preliminary plat approval for their off of Timber Lane. Stover stated that the Planning recommended approval of their request subject to the seven listed on the Planners report dated February 25, 1988 and condition of requiring the combining of the Outlots A,B, Lots 1 and 2 by means of a protective covenents. . Gagne questioned the potential dock problem. Only the docks grand-fathered in will be able to be used in accordance with the Shoreland Ordinance and the regulations of LMCD. Haugen asked what benefit Outlot C would be to another lot that would be separated by the old railway. Haugen would like to have this lot granted to the city to straighten out Timber Lane. Engineer Norton felt that drainage easement to be granted back to B~yerls if it was needed. Mr. Joe Boyer felt this Outlot could be a good parking area. After further discussion, Joe Boyer did agree to transfer Outlot C to the City for road right-of-way. Pete Boyer commented that he would like to see some credit toward a park donation. Haugen moved, seconded by Gagne, to adopt the Ordinance rezoning the Lawtonka subdivision area from RIA to RIB. Ordinance adopted by Roll Call Vote - 5 ayes. Nielsen felt that this subdivision is second on the list to receive sewer RECls when available. The subdivision can service all but two (2) lots by existing lines at this time. Stover moved, seconded by Haugen, to approve the Lawtonka preliminary plat to include the donation of Outlot C to the City and subject to the seven (7) conditions listed in the Planners report February 25, 1988 and the combination of penninsula outlots with Lots 1 and 2. Motion carried - 5 ayes by Roll Call Vote. STRAWBERRY FIELDS REQUEST - TABLED . Planner Nielsen reviewed for the Council Nanci Stickland-Baloghls request for a Comp plan amendment and rezoning needed for her plat, Strawberry Fields. The Planning Commission heard her request and a request from George Larson who is across Strawberry Lane from this proj ect. Mr. Larson IS prope rty is desig>n\a;teidl-2 units pe r acre in the Comp plan and does not need a Comp plan amendment, only rezoning. The Council discussed possible reasons for different desinations under the Comp plan. Stover asked about sewer availability on this property. Nielsen stated 1990 or when RECls are released. -4- . . . MINUTES MONDAY, APRIL 11, 1988 PAGE FIVE STRAWBERRY FIELDS TABLED - CONTINUED Holly Babs supports larger lot sizes as surround the Larsen property now. Stover moved, seconded by Rascop, to return to the Planning Commission meeting of April 19, 1988 to further study this area. , OAK POND - SIMPLE SUBDIVISION RESOLUTION NO.3l-88 Nielsen explained at 24185 Wood recommendation in Revisions will be plat. Vicki Drive the made Stalveyls request to subdivide her property into 3 lots. She has agreed to the Planners report dated March 31, 1988. in accordance with that report on the final Stover moved, seconded by Gagne, to approve the simple subdivision as recommended by the Planning Commission and subject to the five (5) conditions of the March 31, 1988 Planners report. Motion carried by Roll Call Vote - 5 ayes. SOUTH FORTY ADDITION - DENIAL OF PRELIMINARY PLAT RESOLUTION NO.32-88 Nielsen requested the Council to formally deny the preliminary plat request for South Forty Addition. Mr. Pokorny submitted his original request to the Planning Commission in November of 1987 and requested it to be tabled to obtain a professionally designed plat. Commission tabled to February 2, 1988. He did not return to the Planning Commission nor has be submitted a new plat. A letter for further extension of time was received April 4, 1988 from Mr. Pokorny. Stover moved, seconded by Haugen, to deny his preliminary plat request. Motion carried - 5 ayes by Roll Call Vote. ZONING ORDINANCE TEXT AMENDMENT (COMMERCIAL PLANNED UNIT DEVELOPMENT) ORDINANCE NO.208 Nielsen reviewed the reV1S1ons that were made on the 1st draft and incorporated in the2~tlcdraft. He answered questions on the provisions of this Ordinance. Stover moved, the Ordinance ayes. seconded by Gagne, to accept the 2nd reading and adopt as submitted. Ordinance adopted by Roll Call Vote - 5 TONKA BAY WATER TOWER DISCUSSION Concerns have been expressed by John Cross regarding the effects of a proposed water tower to be constructed in Tonka Bay immediately adjacent to his property. Administrator Vogt notified Cross of Tonka Bayls meeting and summitted his concerns to Tonka Bay. Council feels that they have done all they can do for Mr. Cross. -5- . . . MINUTES MONDAY, APRIL 11, 1988 PAGE SIX PLANNING COMMISSION REPORT Arvidson Dock Issue Mr. Arvidson has submitted and applied to the Watershed District for a retaining wall. The Watershed District tabled the request for additional information with a deadline of April 11, 1988. As of this afternoon, the information had not been received. Nielsen recommended that the City write a letter. Gagne moved, seconded by Stover, to authorize the drafting of the letter as recommended by Nielsen. Motion carried. Request to Maintain Amesbury West Emergency Access Area A letter was received from Mr. McNulty inquiring what maintenance was intended for the emergency access area in Amesbury West, or would the Association be allowed to maintain this area. Council expressed their concerns regarding this area and the right-of-way maintenance that has been an issue in the past. Stover moved, to allow the three adjoining property owners should maintain their adjoining portions of the access. Motion died for lack of a second. Haugen moved, seconded by Gagne, to direct the City to maintain by sickle bar mowing in right-of-way and access area after the grass has been installed by McNulty Construction and to be sprayed for weeds as deem necessary by the city. Motion carried - 5 ayes. Amesburv Water Line Extension A letter was received from the President of the Amesbury Homeowners Association stating that a meeting will be held April 19, 1988 and they will discuss the request for an easement over II common II area to allow the City to loop a water line. Administrator and Engineer will attend the meeting. ATTORNEYS REPORT Executive Session Set Haugen moved, to have the Council go into executive session at the end of this meeting in order to discuss litigation matters. ENGINEERS REPORT Norton submitted a color chart for the S.E. Area water tower and would like that discussed at the next Council meeting. -6- . . . MINUTES MONDAY, APRIL 11, 1988 PAGE SEVEN ADMINISTRATIVE REPORTS Award Dump Truck Bid RESOLUTION NO.33-88 Bids were received on April 8, 1988 for a new dump truck and sander. The Public Works Director reviewed the bids in comparison to the specifications and recommended the bid be awarded to Boyer Trucks, Inc. as lowest bid in the amount of $49,818.00 ($57,818.00 - $8,000.00 for trade-in). Gagne moved, bid to Boyer Motion carried seconded by Stover, to accept the bid and award the trucks in the amount of $48,818.00 as recommended. by Roll Call Vote - 5 ayes. Purchase of Blacktop Roller Three quotes have been obtained for the purchase of a blacktop roller. Staff is recommending the purchase of a Beuthling, Model 200, 2 Ton roller from Aspen Equipment Company. Gagne moved, seconded roller at $7,825.00, carried - 5 ayes. by Brancel, to approve the purchase of the which is under the budgeted figure. Motion Support to Host the 1996 Summer Olympic Games RESOLUTION NO.34-88 A letter was received from Roger Parkinson, Chairman of the Bid Committee for the 1996 Summer Olympic Games asking for City support in obtaining bids to host the Summer Olympics. Rascop moved, seconded by Brancel, to pass a Resolution in support of the bid. Motion carried by Roll Call Vote - 5 ayes. County Road 19/5tate Hiqhway 7 Signal Lights Administrator Vogt submitted the latest Corridor plan for County Road 19j5tate Highway 7. They reviewed the proposed changes to the existing Highway through that area. A joint meeting between Excelsior and Shorewood at the Community Center will be held. Comparable Worth A meeting has been held between Attorney Froberg and Karen Olsen of Labor Relations regarding comparable worth. The job descriptions have been sumitted to Ms. Olsen and she will send them on to the evaluation for a state job match. The information will be returned to Ms. Olsen and Vogt for review and submitted to the Council. -7- MINUTES MONDAY, APRIL 11, 1988 PAGE EIGHT . ADMINISTRATIVE REPORTS - CONTINUED Secretary/Receptionist Status Shelly Quaas has met with Stover and Vogt regarding dissatisfaction of personnel salaries. Rascop explained the use of the Stanton Report Survey is to determine salaries according to job titles. He felt the median salary must be earned and he did not feel Quaas had been an employee long enough to obtain the median salary. Haugen explained that the chain of command to follow in personnel matters and she did not feel letters to the Councilmembers followed the chain of command. A concern regarding the treatment of her application for interoffice position was clarified and was treated properly. Vogt suggested that a job title may need to be addressed to better suit her job responsibilities. Brancel felt that Quaas had gone through the proper channels and this was just her second request for consideration. Brancel supports a entry level salary for similar responsibility and qualification positions. She felt the new position was comparable to Quaas' position. Quaas felt she had followed the proper chain of command but felt it was difficult to understand an entry level position starting at a salary higher than her's after almost two years of employment. Vogt felt a title change to "Secretary" in the Stanton report may be warranted. . Rascop thanked Mrs. Quaas for her attendence. COUNCIL REPORTS Abolishment of Staff Liaison Stover read a written statement asking for the abolishment of the staff liaison position she currently holds. She stated that the Council, as a whole, should have this responsibility and clearly stands behind the Administrator in his judgement. Rascop moved, staff liaison. seconded by Haugen, to eliminate the position of Motion carried - 5 ayes. Sewer Line Televising Status . Vogt reported that a meeting was held today to finalize the specifications. Plans and specifications will be put togehter to advertise for bids. These bids should be let in May and work could also start in May. Rascop and Gagne felt these specifications should have been completed last winter. Christmas Lake Road/Lane Cul-de-sac Status Report A letter has been submitted stating what is needed from the Association prior to the installation of the cul-de-sac. Council supports a letter being sent notifying the Association and copying Mr. Dyer, giving item notice of removal of signs and posts after 30 days. Adopted resolution could then be acted upon. -8- MINUTES MONDAY, APRIL 11, 1988 PAGE NINE COUNCIL REPORTS - CONTINUED . Clarification of Financial Issues Brancel questioned a $1,000.00 expenditure for lodging and car expenses. This expense was included in the New World System package. The need for lock installation on public files in the Finance Department was questioned. Haugen felt it was because of a past problem of people looking through the files without asking. The current reason for extensive mileage reimbursement and the listing of this reimbursement was questioned. Vogt felt that would reduce as additional financial reports begin to be generated in the office. A request for additional control on purchase orders, more detailed check lists, monthly budgeted analysis and financial statements was made. Council directed that an inventory be done and supports a part-time person to complete this project. Brancel feels that year end books should be closed earlier. A complaint of the increase bookkeeping charges charged against the liquor stores has been discussed with the liquor manager. Vogt will review the charges allocated for this purpose. . Council felt that additional direction should be given to Auditor Maiser to respond to the Administrator regarding the City Audit. It was also discussed that it may be time to appoint a different auditor to maintain controls. After the third person is added to the financial staff, the Council may direct that receipting to be more appropriately handled by that department. Gagne suggested that a new policy be set that would have all personnel matters such as hiring decisions discussed in front of a Full Council in the future. Rascop supports the policy when ever possible as a courtesy to the Council members. Brancel airline software Finance. questioned a $688.00 check to Lori Johnson. This was for fares for Beck and Sorensen to inspect the new computer to be allocated to travel, conferences and schools in Brancel moved, seconded by Gagne, to direct Vogt to handle all office purchase orders. Motion carried - 5 ayes. MAYORS REPORT Police coordinating meeting is to be held April 13, 1988. Hennepin County recycling luncheon is set for April 21, 1988 11:30 to 1:30. . -9- . . . MINUTES MONDAY, APRIL 11, 1988 PAGE TEN MAYORS REPORT - CONTINUED Opposition to -Truth in Taxation" RESOLUTION NO.35-88 Rascop supports the bill that has been requirements pertain counties. League's opposition to the truth in taxation submitted to the Legislature. The bill's to the cities and not school districts or Rascop moved, seconded by Gagne, to adopt the Resolution in opposition to this bill. Motion carried - 5 ayes. Legislative update meeting to be held on May 18, 1988. Hennepin County Park Tour will be held on May 18, 1988, between 5:00 and 7:00 at Noerenberg park. A request to have Shorewood look into the availability for senior citizens apartments has been received. Staff would like to look at the possibilities for installing inside screen doors for fresh air circulation. APPROVAL OF CLAIMS AND ADJOURNMENT - FOLLOWING EXECUTIVE SESSION Haugen moved, seconded by Stover, to adjourn the Regular Council Meeting at 11:50 p.m. subject to approval of payment of claims to be followed by an executive session to discuss matters of litigation. Motion carried - 5 ayes. GENERAL AND LIQUOR FUNDS - ACCT.NO. 00-00166-02 General Liquor Checks #052714-052816 $89,151.71 $60,828.23 Payroll Checklist: Checks #202011-202044 $10,293.13 $99,444.84 $ 2,757.04 $63,585.27 Total RESPECTFULLY SUBMITTED, &/4M ' 'Robert Rascop ~ Mayor Sandra L. Kennelly City Clerk -10-