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042588 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 25, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, April 25, 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, Haugen, Stover and Gagne. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly, Finance Director Beck and Public Works Director Zdrazil. 4It APPROVAL OF MINUTES Brancel moved, seconded by Stover, to approve the minutes of April 11, 1988 as amended on pages 2,4,5,7 and 8. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Request for the Use of Manor Park Ballfield Jim Bean was present to request that the City postpone their plans to reseed Manor Park ballfield in order for a group of children to use the field. He spoke to Park Commissioner Vogel and he felt that if the seeding was not completed this week it would be better to wait until September. Brancel expressed the Park Commission's wishes to have the field. completed once and for all. She would like this request returned to the Park Commission. Mr. Bean will also attend that meeting. Public Works Director Zdrazil spoke to Commissioner Mark Laberee, he stated that September was a better time to seed. Request for Reinstatement - South Forty Addition . Wayne Pokorny was present to request that the Council reinstate his original application for a preliminary plat that was denied at the last Council meeting. Stover reviewed his original request. Pokorny originally asked that his application be tabled until February 2, 1988 to submit needed information. No additional -1- MINUTES - MONDAY APRIL 25, 1988 PAGE 2 4It Re uest for Reinstatement - South Fort Addition - Continued ln ormatlon was received, until a letter requesting an extension was received. Haugen moved, seconded by Gagne, to have Nielsen review the material submitted today and come back to the Council with his findings. Motion carried - 5 ayes. PARK COMMISSION REPORT Brancel reviewed the Park Commission discussion on supplying water to Freeman Park. Engineer Norton was asked for a cost estimate to supply water to sprinkle the field from Shorewood Oaks Development. Norton submitted two estimates for two different routes, Plan A and Plan B, he also esitmated $5,000.00 an acre for an irrigation system. Plan A - $6,500.00 and Plan B - $8,800.00. These two routes bring water to the park property line and hoses and sprinklers will be used to water the fields. Plan B also includes resurfacing a street as needed. Brancel moved, seconded by Gagne, to accept Plan A for a water supply for Freeman Park. 4It The Council discussed the future needs and the best plan for the park. Norton estimated a two week install time and stated that the best plan would be a looped system. Brancel moved to amend her motion and. request that both Plan A and Plan B be authorized for installation, seconded by Gagne. Motion carried - 5 ayes. Brancel moved, seconded by Gagne, to authorize the Engineer to proceed with preparation of plans and specifications for the water installation. Motion carried - 5 ayes. CONSENT AGENDA Weed Spraying Contract Council accepted a bid in the amount of $2,510.00 from Mahoney Services for the 1988 weed spraying contract. Reclassification of Position - Secretary Administrator Vogt recommended that the Telephone-Operator Receptionist be changed to Secretary for the Stanton Report and because it best describes the work being done by this position currently. 4It Freeman Park Grading Project No. 87-5 - Change Order No. 1 Engineer Norton submitted a change order on the Freeman Park grading project. The change order total is $22,450.00 for additional work added to the existing contract. Engineer Norton -2- MINUTES - MONDAY APRIL 25, 1988 PAGE 3 . CONSENT AGENDA - Freeman Park Grading - cont. stated that the change order "Contract to date" amount was listed incorrectly and should be $71,805.00. Proclamation Establishing May 8-14 as Municpal Clerks Week A proclamation was submitted from the Municipal Clerks Association setting May 8-14, 1988 as Municipal Clerks Week. Haugen moved, seconded by Stover, to approve the items on the Consent agenda. Motion carried - 5 ayes. NEAR MOUNTAIN PLANNED UNIT DEVELOPMENT - REVISED CONCEPT DEVELOPMENT STAGE PLAN RESOLUTION NO.37-88 Mayor Rascop opened the Public Hearing at 8:02 p.m. to hear a request from Peter Pflaum of Lundgren Bros. Construction to revise their concept and development stage plan. Mr. Pflaum explained their changes would be in the areas of eliminating condo and townhouses and replace them with single family dwellings. This would reduce their building units from 39 to 28 in one area and 56 to 29 in the other. . Ed Bergslein asked the approximate cost of these homes. Mr. Pflaum stated that one area would have homes in the $130,000.00 to $200,000.00 range and another area from $200,000.00 to $350,000.00. He stated that this was the strong market price range. Rascop closed the public portion of the hearing at 8:10 p.m. after requesting and receiving no further comments. Gagne clarified that the utility installation costs will still be borne by the developer just spread over fewer units. Park fund fees will be calculated as previously agreed to for a unit reduction. Sewer equalization will be based on only the units built and a reduction in revenue from water sales can be anticipated. A flag lot will exist due to the need for excessive site alterations. Lot frontage will be altered to meet the required width on all buildable lots. Outlots A wetlands. including Ordinance wetlands. and B will be dedicated to the city because they are It is requested that the out lots would have restrictions no use of motorized vehicles. Council felt than an amendment be drafted to prohibit motorized vehicles in all Stover moved, seconded by Brancel, to approve the revised concept and development stage plan. Motion carried by Roll call Vote - 5 ayes. . Haugen moved, seconded by Stover, that an Ordinance be drafted as an amendment to the wetland Ordinance prohibiting the use of motorized vehicles within the wetlands area. Motion carried - 5 ayes. -3- . . . MINUTES - MONDAY APRIL 25, 1988 PAGE 4 PUBLIC HEARING - BAYWOOD SHOPS REQUEST FOR CONCEPT STAGE APPROVAL AND CONDITIONAL USE PERMIT FOR COMMERCIAL PLANNED UNIT DEVELOPMENT Mayor Rascop opened the public hearing at 8:25 p.m. to hear a request from Dick Dreher of Dreher Associates. He is requesting concept stage approval of a conditional use permit for a commercial planned unit development. Mr. Dreher reviewed his plans for the site which would include a new Tom Thumb Store with gas pumps and an attached additional square footage that would be used for small retail shops. The proposed plan included three (3) accesses from County Road 19, one of which could be jointly used by the parcel to the north. He reviewed proposed signage and the need for extensive landscaping. Guy Streeter, representing the American Legion, expressed his concern of drainage for water run-off. Mr. Dreher stated that there are two acres to the rear of his property that could be used for drainage and the Apartment complex to the north has expressed interest in working together to improve the current drainage problems. Snow removal storage would also be addressed. Mr. Bergslein asked about the I.C.O. site. Dreher stated that the lot would not be included in this proposal. Concerns were addressed regarding water contamination from gas tanks. Nielsen stated that all new tanks are subject to approval by the fire department, engineer.s design, P.C.A. and E.P.A. licensing procedures. Haugen had concerns of approving 3 gas stations on the same corner. Dreher stated that Tom Thumb will not sign a lease unless in included one pump island and the project will not proceed without the Tom Thumb lease. Don Keefe owner or the present Tom Thumb property may reopen the present store if the pumps are not approved. Mayor Rascop closed the public hearing at 8:40 p.m. after receiving no further public comments. Stover stated that a neighbor, Mr. Littlefield had questions regarding plans for access to the rear of the property at the Planning Commission meeting. The Planning Commission did recommend approval. Counci.l looked at the three accesses proposed. Mr. Dreher felt that two accesses could be worked out if the Council requested that. Gagne was not in favor of three gas stations on that corner. Don Keefe stated that the only gas station operational at this time is the I.C.O., this site would be the second station and all of these sites are zoned the same. He felt it was the responsibility of the Council to let developers know what might happen in the area but it is not up to the Council to determine who can have certain uses and who can't under the same zoning. Brancel asked about filling and a landscape plan for the rear of the building. Dreher stated that a rear walkout with rented storage of 14,000 square feet for boat storage might be used due to the -4- . . . MINUTES - MONDAY APRIL 25, 1988 PAGE 5 PUBLIC HEARING - BAYWOOD SHOPS - CONTINUED difficult topography. The drainage problem will have to be handled before the run-off gets to the Legion property. Mr. Streeter felt the "City was going to be turned into a large gas station", but he did favor new tanks for safety of the water supply. Haugen asked if the development of the shopping center would be done alone if Tom Thumb wouldn't agree to signing a lease with no gas pumps. Dreher didn't feel this would happen unless Tom Thumb agreed to not having pumps. Attorney Froberg recommended that the Council could pass a Resolution granting the conditional use permit. The Resolution will be drafted by the staff and returned to the Council for review and passage. Stover moved, seconded by Gagne, to direct the staff to prepare a Resolution to be returned to the Council for action. Haugen motioned to table action at this time to obtain additional information for approval, seconded by Gagne. Motion carried - 5 ayes. Stover moved, accepted by Gagne, to remove their motion. STRAWBERRY FIELDS - COMP PLAN AMENDMENT/REZONING/PRELIMINARY PLAT - DENIAL At the last meeting the Council directed that the Strawberry Fields proposal be sent back to the Planning Commission for further review because two proposals were received in the same area, one needing a Comp plan amendment and rezoning and the other only needing rezoning. Council questioned why the comp plan differed for the two properties. Council also tabled action at the last meeting on the second proposal. Dean Johnson was opposed to both of these projects being rezoned because of the effect that 25 new homes would have on the existing 12 homes, density, lot size and storm water drainage. He does not agree with the Planning Commission approval on the basis of the comp plan. Stover stated that Allen Johnson informed her, he was opposed to the density also. The Planning Commission did not discuss the comp plan when this project was sent back because no additional information was found to change their recommendation. Stover did not feel the comp plan needed to be changed. Nielsen reviewed the necessary steps to be taken in order to process this request as submitted: 1. Comp plan amendment 2. Pass an Ordinance rezoning property from R-1A to R-1B 3. Approve preliminary plat Nielsen stated that the effect of the rezoning would increase the allowable density from 8 lots to 10 lots. -5- . . . MINUTES - MONDAY APRIL 25, 1988 PAGE 6 STRAWBERRY FIELDS - CONTINUED Gagne moved, to approve the Strickland Ventures II proposal, seconded by Haugen. Mr. Don Mullenbach agrees with Mr. Johnson's position and he also disagrees with the lot configuration. Haugen asked the sizes of new lots along Smithtown Road. These lots are all acre lots, four lots developed by George Larsen and one lot owned by Hoops. Gagne moved, seconded by Haugen, to amend the comp plan. Motion was denied - 5 nays by Roll Call Vote. Council directed the Attorney to prepare Findings of Fact to support denial. Brancel moved, seconded by Stover, to deny the request for rezoning. Motion carried - 5 ayes to deny by Roll Call Vote. Brancel moved, seconded by Gagne, to approve the preliminary plan in concept with replatting to meet rezoning regulations. Motion carried - 5 ayes. WESTLAWN III ADDITION REZONING DENIED Mr. George Larsen has requested a rezoning from R-IA to R-IB for a proposed 15 lot subdivision south of Smithtown Road and west of Strawberry Lane. His request does not need a comp plan amendment. Stover moved, seconded by Brancel, to deny the rezoning request for Westlawn III and directed the Attorney to prepare Findings of Fact to support the denial. Motion carried - 5 ayes by Roll Call Vote. PETITION TO REZONE DIVISION STREET A petition was received from the majority of the residents of Division Street to rezone the area for two-family dwellings. A reqeust from Jeff Thomas of 5875 Division Street, to build a garage prompted this petition. He has a double unit in a single family area and his non-conforming use would preclude adding a garage until such time as the use is conforming. Haugen moved, seconded by Stover, to direct the staff to obtain additional information on the existing properties and then schedule a public hearing to hear the rezoning request. Motion carried - 5 ayes. BUDGET AMENDMENT - SEWER FUND SAFETY EQUIPMENT PURCHASES Public Works Director Zdrazil was present to request a budget amendment in the amount of $4,000.00 to purchase safety equipment necessary to comply with OSHA laws for sewer maintenance. -6- MINUTES - MONDAY APRIL 25, 1988 PAGE 7 . BUDGET AMENDMENT - CONTINUED Gagne moved, seconded by Stover, to approve the budget amendment of $4,000.00 from the sewer fund. Motion carried - 5 ayes. NUISANCE COMPLAINT - BEAVERS - REQUEST FOR ALLOWING TRAPPING Cal Nelson and area residents of Lake Virginia Highlands were present to voice their complaints regarding the damage being done in their area by the beavers. He stated that at least 150 trees have been dropped and all other trees 6" in diameter or better have been chewed up by the beavers. They have dammed up and blocked off their channel to Lake Virginia. They have asked for help to control the problem from the DNR, city officials, animal control and trappers and nothing can be done. They would like to trap the beavers by means of leg hold traps and remove the dams. Stover and Haugen expressed their concerns for pets and children as well as the beavers, and will not support the use of leg hold traps. Mr. Hansen stated that the leg hold traps are set to drowned the animal and not allow suffering. Rascop stated that the allowable trapping in Minnetrista has really helped the problem on the Islands. The traps would be set on private property and could be signed and fenced off to secure safety for children or pets. . Rascop moved, seconded by Gagne, to direct the Attorney to draft an Ordinance to allow for leg hold traps only under Council action of specific conditions can be met such as time limitation, individuals and locations. Motion carried 3 ayes - 2 nays (Stover and Haugen). The removal of the dam could be done by requesting a dredging permit from the DNR and the Watershed District because the channel is a man made channel. ATTORNEYS REPORT Christmas Lake Road/Lane Cul-de-sac Update After the proposed Construction Agreement has been reviewed and approved, it then needs to be executed and signed by Mayor Rascop and Clerk Kennelly. Deeds, easements, title policy, plans and specifications have been completed and approved by staff. Henney Litigation Minu trial has been cancelled. A pre-trial will be set. . Village Pump Junk Complaint A proposal for the site will be presented to the Planning Commission and then the Council. Current leases will be terminated. The owners feel that the current use has been long standing and they should be able to continue that same use. -7- tit MINUTES - MONDAY APRIL 25, 1988 PAGE 8 ATTORNEYS REPORT - Village Pump Junk Complaint - Cont. Rascop moved, seconded by Brancel, to direct the Attorney to proceed with the litigation until all complaints have been removed. ENGINEERS REPORT Water Tower Color Selection Engineer Norton submitted a color chart for the S.E. Area Water Tower. Gagne moved, seconded by Stover, to use the two-tone blue on the tower as submitted. Motion carried - 3 ayes to 2 nays (Rascop and Haugen) . Stover suggested eliminating the logo. council directed SHOREWOOD for east and west side and logo for the north and south side. Water tower construction will begin May 1, 1988. Amesbury Well - Pump Repairs Munitech detected a noise in the pump at the Amesbury well contacted well drillers to obtain quotes for that repair. has recommended to award the repair project to E.H. Renner at an estimated cost of $10,000.00. and Norton & Sons Gagne moved, seconded by Stover, to award the project to E.H. Renner & Sons as recommended. Motion carried - 5 ayes. Engineer Norton explained the previous repairs on that well and stated that these repairs are due to the start-stop and short running period caused by the use of a hydromatic tank system. He feels the long range plan should include connecting this well to the new tower. A smaller tower at this site could be an alternative. The best future planning would be for an intragrated water system. A 12" pipe could be installed to interconnect the systems. Enchanted Point Survey Norton submitted a survey that was completed for Enchanted Point. They found no indication that the road indentified as Hickory Lane has ever been vacated. Froberg reviewed the survey and he felt that if any road improvements were done there would be a need to ~omplete the survey to the lake shore and determine the status of the Hickory Lane vacation. A request to release a lot for state land sale would require a subdivision due to a portion of this road going across this lot. Froberg doesn't feel future action is necessary unless road improvements are planned. -8- ~ . . . MINUTES - MONDAY APRIL 25, 1988 PAGE 9 ENGINEERS REPORT - Enchanted Point Survey - Cont. Rascop thought the survey was supposed to extend to the lake. The Park Commission needed the survey done to the end of the road for their fire lane survey. Norton will extend the survey. Rascop felt that Hickory Lane has been vacated. ADMINISTRATIVE REPORT County Road 19/5tate Highway 7 Meeting The meeting with MnDOT regarding the proposed signal at County Road 19 and State Highway 7 intersection will be held at 7:00 p.m., May 25, 1988 at the Excelsior Elementary School Gyro. Plans have been completed. The City will send notices to the Galpin Lake area residents. MnDOT will take care of the eminent domain procedures and are asking for the cities help and will reimburse thier expenses. Bids will set for fall of 1990 and 1991 construction. Board of Review Set The Board of Review will be held at 7:30 p.m., May 5, 1988. Council questioned if valuation went up a set percentage and what portion of the City was reviewed. Council would like to have the sales books for this meeting. Bayswater Road Dispute A meeting was held with Mr. Dean Thomas, president of the Amesbury West Associa.tion, Jerry Peterson, Vogt, Nielsen and Stover to work out an agreement regarding the mailbox issue and maintenance of road right-of-way. Stover feels that Peterson and Thomas could best negotiate their own arrangements. Amesbury Association Meeting Vogt and Norton met with the Association to discuss obtaining easements needed to loop the water system to correct existing problems. They will grant the easement as requested and the project will be ready to begin as soon as the easement is received. Sewer Cleaning and Televising Bids The specifications for televising and sewer cleaning bids are out. Bids will be opened on May 6 and returned to Council on May 9 for award of bid. Shorewood Oaks Tile Damage Damage was done to three properties owned by Bill Johnson, Pete Holmberg and Earl Bakken during last summers heavy rains. They feel it was due to an old underground tile being brokken by Knutson Company working on the Shorewood Oaks Project. Knutson's insurance is accepting responsibility and going ahead with the repairs but feels the City should be a co-pay because the line was not shown on -9- . . . MINUTES - MONDAY APRIL 25, 1988 PAGE 10 ADMINISTRATORS REPORT - Shorewood Oaks Tile Damage - Cont. the City's plans. The City holds no responsibility because they did not install this line. Recycling Plaque The City received a plaque because we were 1 of 12 cities in Hennepin County that met the recycling goal percentage set. City Hall Retaining Wall Due to added landscaping at the rear of City Hall, Vogt feels a fence is needed to protect people from falling over the existing terracing walls. Gagne moved, seconded by Stover, to approve the installation of a fence for safety purposes. Motion carried - 5 ayes. Financial Matters Finance Director Beck responded to questions and concerns raised at the last Council meeting: -Budget Analysis - Financial statements showing line items are supplied quarterly, cash flow statement supplied monthly. -Office Furniture purchases - does not exceed budgeted amount -Excessive Gas mileage - has well documented mileage -Filing Cabinet locks - all financial data are locked up and are available during working hours, all source documents are locked up. Vogt can have keys, the only thing he can't have access to is the Mayor's signature stamp and checks. The bar lock was cheaper than new filing cabinets. -Closing books promptly - the books are kept open for 90 days after year end to receive all affected revenues, such as water and sewer revenues and tax receipts. -Bond rating - Rating has nothing to do with a qualified audit. Fixed assets have not been listed, a deficit water fund and lack of a five year capitol improvement program contribute to our bond rating level. Bond consultant also felt that the working capitol fund is not high enough. -Cash receipting procedure - front desk handles all receipting for cash control and make deposit up for the bank. -Auditor will be present in May to discuss audit. -Rumors & misinformation - she did not get any phone calls asking for information, she feels this was a dis-service to the City and it caused a lack of productivity. -Solutions - Beck would like calls and visits if there are any questions. She is willing to hold a session to answer any questions as well as to include the auditor if the Council would like. She would like a policy put into place if the Council agrees. Haugen asked if assessment checks could be checked for proper paYment before receipting. The auditor feels the check will get -10- . . . MINUTES - MONDAY APRIL 25, 1988 PAGE 11 ADMINISTRATORS REPORT - Financial Matters - Cont. lost if not receipted immediately upon receipt. She feels only 10 or 15 checks have to be returned for incorrect amounts. The Auditor wants one person to receipt and make up a deposit and another does the depositing at the bank and reconciling the monthly bank statements, and another does checks and receipts journal. She did agree to allow the assessment check to be verified prior to deposit if done the same day. A fixed asset list of large items like parks and all items over $500.00 should be done. Stover moved, seconded by Haugen, to schedule a Special council Meeting for audit review only for May 24, 1988 at 7:00 p.m. John Bridge of the Financial Advisory Board asked why these questions were brought up. He feels there is a deeper problem and it may be caused by the City Government type of management. Rascop asked Beck what procedures she followed in selecting the new software. She stated that software support was lost from Ameridata and they went to Detroit to look a New World's software when they chose the company they wanted to go with. Rascop wondered if she was telling them that there is no one in Minnesota that has software suitable. He also stated that he has trouble with paying for New World's travel expenses. Beck stated that they prefer billing in that manner but it is all part of the contract price. She did look at two companies in Minnesota but stated that the software available would not meet our needs. Rascop asked if she had specifications to meet. Yes, but nothing in writing. She felt the expenditure was not large enough to go out for bids. The accounts payable package was the only package originally planned to purchase. Gagne asked what has been expended since January. Beck will return with total cost. She stated that it was under $15,000.00. Bridge felt that management problem could be caused because Vogt has to answer to five bosses. An Administrator versus Manager type of operation should be looked at. Haugen felt the Council should set policy and let the person hired as Administrator do the Administrating. An election would be needed to change from Plan A to B or home rule. Attorney Froberg will return with procedures to follow to change the current form of government. Haugen feels growing pains have caused many of the problems. Gagne clarified the Council decision to go through Vogt for all information. Haugen and Stover would like to ask questions to the individual employees. Rascop feels that problems with employees should be routed through Vogt. It was clarified that all personnel matters should be handled through Vogt; staff to go to Vogt; Vogt to go to the Council; Council to go through Vogt and Vogt to work with staff. -11- MINUTES - MONDAY APRIL 25, 1988 PAGE 12 . MAYORS REPORT LMCD Representative from the LMCD met with the systems committee of the Met Council regarding the abolishment of the LMCD. Dirk DeVries supported the LMCD and voted not to disband the organization. COUNCIL REPORTS Minnehaha Watershed District Action Gagne reviewed various actions taken by the Watershed District. -Howards Point Marina dredging permit. -Permit to fill along Mayflower - not in the wetlands. -Arvidson retaining wall - tabled for explanation of the need for a retaining wall instead of rip rapping. Vogt spoke to Mr. Mahady, and he was not aware that the wall was already constructed. APPROVAL OF CLAIMS AND ADJOURNMENT . Brancel moved, seconded by Haugen, to adjourn the Regular Council meeting of Monday, April 25, 1988 at 12:18 a.m. (April 26, 1988), subject to approval of payment of claims. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - Acct. No. 00-00166-02 Checks #052817-052906 General $122,245.18 Liquor $23,407.76 Payroll Checklist: Checks #202045-202078 Total $ 9,853.91 $ 2,754.50 $132,099.09 $26,162.26 !tl~JRllfo~or RESPECTFULLY SUBMITTED, Sandra L. Kennelly City Clerk . -12-