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050988 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 9, 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, May 9, 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 and Finance Director Beck. APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the minutes of April 12, 1988 as written. Brancel moved, seconded by Haugen, to approve the minutes of April 25, 1988 as amended to include corrections on pages 5,7,8 and 11. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover attended the Planning Commission meeting of May 3, 1988 where four public hearings were held. These items will be discussed under agenda items 5,8,9 and 10. The Commission discussed the problem of people building without obtaining a building permit. They recommended that a stiffer penalty or fine be assessed against these people. Froberg stated that the fines can be tied to building permits as long as it represents actual addtional costs involved in getting them to obtain the needed permits. Also, where a variance is needed and not obtained there can be a misdemeanor charge proceeding in the form of litigation. -1- MINUTES MONDAY, MAY 9, 1988 PAGE 2 . PARK COMMISSION REPORT Commissioner Gordy Christensen reported that they did an on site inspection of Freeman and Cathcart Parks. They were very pleased with the grading that has been completed in Freeman Park. They returned to City Hall and met with Jim Bean who requested a delay in the seeding of Manor Park ballfield until fall. He would like to be able to use the field for a group of young ball players in the area. They did agree to postpone the seeding until fall. Roller Blade skaters were using the Badger Park tennis court for practice. Sue Niccum reviewed the Ordinance and informed the youth to discontinue the use and come to this meeting to request continued use. No one was present at this meeting on behalf of the skaters. The Park Commission recommended approval of the purchase of a park grant book for $38.00. Zdrazil asked if the hockey rink at Badger should be replaced or rppaired. The commission has recommended replacement and relocation of that rink at this time according to the comprehensive park plan, expenses to come from the park maintenance fund. . The Commission is obtaining estimates to complete the infields and parking lot rock as needed. They will be needing to go out for bids due to the estimated cost. Brancel moved, seconded by Haugen, to approve the purchase of a $38.00 grant information book. Motion carried - 5 ayes. Brancel moved, seconded by Gagne, to approve the replacement and relocation of the Badger Park Hockey Rink in accordance with the Comprehensive park plan with expenses to cover from the park and recreation maintenance fund. Motion carried - 5 ayes. CONSENT AGENDA 1988 Dock License RESOLUTION NO.38-88 Dock licenses were approved as submitted for the following: Boulder Bridge Farms, Inc. Howards Point Marina, Inc. Upper Minnetonka Yacht Club Adeline P. Johnston Minnetonka Portable Dredging Company Shorewood Marina and Yacht Club, Inc. Street Light - Wiltsey Lane/Pleasant Avenue A request was received for a street light to be placed at the corner of Wiltsey Lane and Pleasant Avenue. . Revision to Employee Policy Administrator Vogt recommended a revision in this voluntary termination period from 5 days to 10 days notice. -2- MINUTES MONDAY, MAY 9, 1988 PAGE 3 ~ CONSENT AGENDA - CONTINUED Acceptance of Utilities - Waterford 2nd Addition Engineer Norton has recommended acceptance of the sanitary sewer, watermains and stormwater drainage facilities in Waterford 2nd Addition. Haugen moved, seconded by Gagne, to approve the items listed on the Consent Agenda. Motion carried and Resolution adopted by Roll Call Vote - 5 ayes. BAYWOOD SHOPS - PLANNED UNIT DEVELOPMENT - CONCEPT APPROVAL CONTINUATION Mr. Dick Dreher of Dreher & Associates returned to continue discussion on his conceptual approval for a mini shopping center. Haugen stated that she was unable to contact the proper authority to discuss the issue of gas pumps in connection with the proposed Tom Thumb store. Mr. Dreher did speak to the President of Tom Thumb and he stated that he was not interested unless the gas pumps were included with the new store. Gagne has reconsidered his objection to the gas pumps stating that the use is approved within the zoning district. Haugen's only objection was a concern of pollution by allowing additional gas tanks to be installed. ~ Gagne moved, seconded by Stover, to recommend approval of the concept plan and direct the staff to draft a Resolution stating all conditions as recommended. Motion carried - 5 ayes. SETBACK VARIANCE - 5405 SHADY ISLAND ROAD RESOLUTION NO.39-88 Mr. Bert Monten was present to request a side yard setback variance for an addition to a garage and second level living space that was built without a building permit. He needs a 2' variance on the side because the building is only 8' from the property line. Stover stated that the Planning Commission concerns were of erosion control along a retaining wall on the property line, and the lack of a building permit. They recommended approval of the variance of an 8' setback on one side and maintain a 22' setback on the other side and to include the retaining wall to protect Lot 30 from drainage. Mr. Monten got together with his neighbors and he will extend the wall to follow the drainage and add full trees for a buffer. Stover moved, seconded by Haugen, to approve the variance subject to the conditions set by the Planning Commission. Motion carried by Roll Call Vote - 5 ayes. COMPREHENSIVE PLAN AMENDMENT DENIAL - EXCELSIOR FARM & GARDEN STORE ~ Attorney Gary Thompson represented Ken Strausser from the Excelsior Farm and Garden Store in his request for a comprehensive plan amendment in order to rezone the property at 6020 Chaska Road for Commercial use. Donald Busksbaum owner of the property, feels that the Farm and Garden store is a compatible use for this area. -3- MINUTES MONDAY, MAY 9, 1988 PAGE 4 . COMPREHENSIVE PLAN AMENDMENT DENAIL - EXCELSIOR FARM & GARDEN STORE - CONTINUED A petition has been submitted and signed by most of the area neighbors in favor of the Farm and Garden store. He doesn't feel the location of this lot is good for residential use being located between the highway and next to an office building. The setbacks will be complied with. Mike Marr of 6015 Chaska Road spoke in favor of the Farm and Garden store use, but expressed his concerns at what type of business use could be put in the C-3 zone if the Farm and Garden store discontined their use. Haugen asked if this crossing was affected by the corridor study. Vogt stated that this crossing was not on the list for closure. Stover reported that the Planning Commission voted 5-0 to deny the comprehensive plan amendment. They felt that the existing commercially zoned area should be developed first. They were opposed to strip commercial along Highway 7. They were also opposed to commercial being in between residential and commercial and residential. . Stover moved, seconded by Brancel, to accept the Planning Commissions recommendation to deny the comprehensive plan amendment as requested. Motion carried - 5 ayes to deny. CONDITIONAL USE PERMIT REQUEST - PROPULSION ENTERPRISES Mr. Wayne Warnke was present to make his request for a conditional use permit to operate a business at 24470 Smithtown Road. This site will be shared with the present Dick Moore Auto Sales lot which is operating under a conditional use permit. The Planning Commission has recommended approval of this request subject to the Planners recommendations listed in his April 29, 1988 staff report. The issue of paved and curbed parking areas and added landscape as opposed to no fencing was discussed. The added landscape was agreed upon with Mr. Hinkley, the owner of the apartment building to the west. Nielsen stated that the signage requirement can be met by simply cutting off a portion of the bottom of the existing sign. Haugen moved, seconded by Stover, to direct the staff to prepare a detailed Resolution listing all conditions listed in Nielsen's staff report of April 29, 1988 omitting the fencing requirement. Motion carried - 5 ayes. SOUTH FORTY ADDITION RECONSIDERATION APPROVAL . Nielsen has received a new plan that resolved many of the previous issues. He has recommended that the plan be submitted for public hearing on June 7, 1988. Mr. Pokorny has agreed to cover expenses over his original application fees if that is expended. -4- - , , MINUTES MONDAY, MAY 9, 1988 PAGE 5 SOUTH FORTY ADDITION RECONSIDERATION APPROVAL - CONTINUED Brancel moved, seconded by Gagne, to reconder the preliminary plat denial and direct a public hearing to be set for June 7 with the Planning Commission. Motion carried - 5 ayes. SMITHTOWN CIRCLE - DEVELOPMENT AGREEMENT RESOLUTION NO.40-88 A development agreement was submitted governing the installation of a street and utilities in Smithtown Circle. Froberg noted some name changes to William Diem in the development agreement. Engineer Norton has a pre-construction meeting scheduled for Tuesday, May 10, on this project. Attorney Froberg asked the Council to consider a Resolution authorizing the Mayor and Clerk to sign and enter into the development agreement with Mr. Deam. Haugen moved, seconded by Stover, to approve a Resolution authorizing entering into a development agreement for Smithtown Circle. Motion carried - 5 ayes by Roll Call Vote. WATER USE AND SERVICE CODE AMENDMENT - 1st READING A revision water use ordinance was submitted for approval. Vogt stated that the staff has reviewed this code and made many house keeping corrections and updates to meet plumbing codes. Haugen asked about going to a monthly water billing procedure. Staff did not feel that was advisable at this time. Council asked for a clarification to section 903.15 regarding access to buildings. Also section 903.05 will be revised to allow for outside hose bibs to be connected to municipal water when dual systems are available. Haugen moved, seconded by Gagne, to accept the 1st reading of the code agreement and direct that it be returned for a 2nd reading with recommended changes. Motion carried - 5 ayes. DISCUSSION OF TRAPPING CODE AMENDMENT Attorney Froberg submitted a code amendment to the Trapping Ordinance that would allow leg hold traps under Council licensing guidelines. Jane Kline urged the Council not to approve the trapping code amendment. She submitted a packet of information that suggested alternatives to trapping to control the damage done by the beavers. She also submitted a petition signed by 100+ people opposing the use of the leg hold trap. She asked that the council delay taking action on this amendment until alternative solutions can be studied. Jeff WilLis, a wild life bioligist has studied the problems caused by beavers and feels that Ms. Klines alternatives can work, also live traps can be used to relocate the animals in an area along the river that may be better suited for them. -5- MINUTES MONDAY, MAY 9, 1988 PAGE 6 . DISCUSSION OF TRAPPING CODE AMENDMENT - CONTINUED Gary Hertzberg of 27475 Maple Ridge Lane spoke in favor of alternative methods. He stated that he has reported shooting of firearms to the police in his area. He feels the City should make a better attempt to solve this problem in a more humane manner. Tom Moll is not in favor of killing the beaver they just wanted to eliminate the damage the beavers were doing. He was not aware of alternative solutions to handle the problem. He felt the DNR would help take care of the problem but nothing was done and no solutions were offered. The residents will try to restore the channel at their own expense, but he feels the wrapping of all the trees will be too expensive. He would like to see the Council pass this amendment and look into alternative solutions if so directed by Council. Haugen moved, to table action for further study and establish a Committee to work with the neighbors for a solution. Brancel asked for an amendment to the motion that would include a time limitation. Haugen offered a six month time limit. Motion was denied - 2 ayes (Haugen and Stover) to 3 nays. Brancel moved, seconded by Gagne, to place a 60 day limitation on the tabling of action. Motion carried - 5 ayes. . Haugen moved, seconded by Brancel, to appoint Jane Kline as the head of the study committee to solve the beaver problem with Gary Hertzberg, Tom Moll and Biologist Jeff Willis as its members. Motion carried - 5 ayes. COUNCIL BREAK - 9:24 to 9:30 p.m. CONDITIONAL USE PERMIT AND VARIANCE REQUEST - MARCUS DEVELOPMENT CORPORATION Mark Senn of Marcus Development Corporation was present to represent YES Properties Partnership in their proposal for a auto service center and small convenience store located at the Southeast corner of the County Road 19/5mithtown Road/Country Club Road intersection. This is down scaled proposal from the one submitted last summer. An additional small fast food service building will also be proposed for this site. The request for a second access on County Road 19 has been eliminated and the setbacks will be met except in the rear lot line. They are opposed to dedication of 17' for road right-of-way along Country Club Road but they are willing to grant an easement to the City. . Stover stated that the Planning Commission did recommend approval of the request subject to Planners recommendations, 17' road right-of-way dedication, and conditions to be set on the Naegele billboard. Staff does feel that the road easement would be acceptable as long as setbacks are measured from the easement. -6- MINUTES MONDAY, MAY 9, 1988 PAGE 7 . CONDITIONAL USE PERMIT AND VARIANCE REQUEST - MARCUS DEVELOPMENT CORPORATION - CONTINUED Mr. Senn has a problem with fence and landscaping the rear portion of the property because the snow stacking was planned for that area and it will damage the fence and any landscaping that would be planted. He feels the public works building is a buffer. The Planning Commission recommended relocation of the eastern billboard. Mr. Senn would like to be able to negotiate with Naegele to relocate the sign and replace it with a new style sign of the same size. The sign currently attached to the building will be removed and not replaced. The other sign will remain until the term of the lease expires in 2010 which includes their right for a 10 year extension. Haugen suggested that if the City allowed the moving of the sign on the condition that Naegele did not exercise the 10 year lease extension. Stover would like to see detailed restriction listed and complied with regarding the relocation of that sign. Council reviewed their proposed access plan for traffic flow from County Road 19 and Country Club Road. The fast food store design will be determined by whom ever leases the property. Nielsen recommended the Council to direct the staff to prepare a Resolution and/or a development agreement listing all required conditions and restrictions for the bill board sign. This would . include only conceptual approval of the fast food operation. Gagne moved, seconded by Brancel, to direct the staff to draw a development agreement listing all conditions recommended by the Planning Commission and Planners report of April 27, 1988 and include 17' easement on Country Club Road, relocation 0 sign and rebuilding the sign of the same size and height as exists. Motion carried - 5 ayes. AMEND AGENDA Rascop would like to amend the agenda to hear item #18A - Miesen Building Permit at this time. MIESEN BUILDING PERMIT STATUS . Nielsen reviewed the original request from Mr. and Mrs. Miesen to add a second story and a new garage with removal of existing garage at 5560 Shore Road. Builder Jim Carroccio met with Nielsen to discuss replacement of 85% of substandard footing and foundation discovered after tests were done. Nielsen did approve to replace the substandard footings in order to comply with the required code. The floor joist was also found to have dry rot, so flooring replacement was approved. Nielsen did understand that the exterior walls were to remain. The builder felt the only thing that he needed to do was maintain the foot print of the existing structure. Mr. Carroccio stated that the walls came down due to a misunderstanding. Nielsen put a "stop work -7- MINUTES MONDAY, MAY 9, 1988 PAGE 8 . MIESEN BUILDING PERMIT STATUS - CONTINUED order" on the house and the Miesen's are now asking permission to resume work. Mrs. Miesen stated that she has been working with Mr. Nielsen since the beginning of the project and she questioned her builders interpretation of what was allowable under her building permit. Attorney Froberg stated that the Council had two options available to them. One, they could determine that the existing block was an existing structure and instruct the building official to issue a permit to add to that structure or they could instruct the Miesen's to reapply for thier variances and permit. Nielsen stated that this lot doesn't have a site on it that could comply with set backs. The Council would need to issue the same variance as they previously did if Miesen's were required to reapply. Mr. Carroccio took full responsibility for the misunderstanding and would like to continue the project for the Miesen's benefit and the benefit of the neighborhood. . Council discussed the definition of "structure" and Nielsen felt that what was remaining is a "structure". A Resolution has already been passed that states the condition of the variances granted. Rascop asked if there was a demolition permit issued. Nielsen stated that a permit was not issued in conjunction with a building permit. Nielsen also stated that he gave additional permission to expand the basement area within the confines of the footing print to allow for an inside stairway access to the mechanical room. Haugen moved, to allow Miesen to rebuild their house on the same foot print as remains under staff inspections, Gagne seconded for discussion. Rascop offered an amendment to remove the deck approval that was granted as a variance, 40 1/2' to the lake. The amendment was not supported. Stover confirmed that this action is still subject to the 5 variances already granted. She supports the need for strict inspection requirements with any added costs to be borne by the contractor. Rascop doesn't feel that a structure exists and a permit should be required for new construction. Motion carried to allow construction of the building, as originally issued - 4 ayes to 1 nay (Rascop). Rascop would like an Ordinance drawn to require licensing of all contractors with conditions to deal with violators~ who work without obtaining a permit. Mr. Miesen apologized to the Council for the problems that this has caused and thanked them for their time. . -8- . . . MINUTES MONDAY, MAY 9, 1988 PAGE 9 RESTRICTION OF THE USE OF MOTOR VEHICLES - ORDINANCE #209 IN THE WETLAND AREA Council reviewed the Ordinance Amendment and amended Subd. 3 of Sec. 1. Gagne moved seconded by Haugen to accept the first reading of the Ordinance as amended, waive the second reading and adopt the Ordinance Motion, carried by Roll Call Vote - 5 ayes. ATTORNEYS REPORT Findings of Fact - Strawberry Fields Denial of Comp Plan Amendment RESOLUTION NO. 41-88 Gagne moved seconded by Brancel to accept the Findings of Fact denying the Compo Plan Amendment for Strawberry Fields, as amended. Motion carried by Roll Call Vote - 5 ayes. Findings of Fact - Rezoning Denial - Strawberry Fields RESOLUTION NO. 42-88 Gagne moved seconded by Brancel to accept the Findings of Fact denying the rezoning of Strawberry Fields as submitted. Motion carried by Roll Call Vote - 5 ayes. Finding of Fact - Denying Rezoning - Westlawn III RESOLUTION NO. 43-88 Gagne moved seconded by Brancel to accept the Findings of Fact denying the rezoning for Westlawn III. Motion carried by Roll Call Vote - 5 ayes. City Manager Information Council would like this information submitted in writing to review at a later date. Bayswater Road Litigation Stover requested an Executive session be held to discuss this following the completion of this meeting. ENGINEERS REPORT 1988 Street Project #88-1 - Preparation of Plans and Specifications and Authorize Advertisement For Bids Engineer Norton submitted a recommended list of streets to be included in the 1988 street improvement project. His total estimated cost for these streets is $193,000.00, the budgeted amount is $200,000.00. r;<f2- -9- .4 MINUTES MONDAY, MAY 9, 1988 PAGE 10 . ENGINEERS REPORT - CONTINUED Council asked if any of these streets were also to be televised and would they need to be torn up if problems were found. Norton stated that the pipes will be repaired from the inside requiring no street excavation. Enchanted Lane is the only road affected by both projects and it will be televised prior to road repair. Rascop asked Engineer to check P.V.C. pipe protruding through the tar near the bridge. Gagne moved seconded by Stover to direct the Engineer to draw plans and specifications and authorize him to advertise for bids for the 1988 street project. Motion carried - 5 ayes. Freeman Park Waterlines . Engineer Norton has drawn plans for the waterline extensions into Freeman Park. Widmer, Inc. has estimated a cost of install- ation at $16,940.00 for Plan A & B. An additional line to the center of the ballfield with a hydrant would increase the total project cost to $31,960.00. Additional Class 5 is needed for parking lots and lime is needed for infield also. Norton recommends that the projects be combined and advertise for bids. The current project plans for seeding should be postponed. Vogt and Niccum supplied information on available park funds to pay for these improvements. Vogt feels the fund is $7,600.00 short and recommended that they obtain a short term loan from the sewer fund in order to complete the project. Gagne moved seconded by Brancel to authorize the expenditure and allow the park fund to go into a deficit balance if necessary, as FeGQmmended by Beck. Motion carried - 5 ayes. PLANNERS REPORT McKinley Place 5th Addition - Grading Permit Request Norton has reviewed the plan and discussed it with Pflaum's Engineer. He has concerns regarding the slope and driveway a~~ssibility for Lots 9 and 12. Norton would like to see individual building pads located and how they are to be serviced, also how that will effect surrounding lots. Mr. Pflaum will return with additional detail. Division Street Rezoning Request A public hearing to hear the rezoning request for Division Street will be held by the Planning Commission on June 7, 1988. FINANCE DIRECTOR REPORT . Line item financial statements should be in the mail this week for the first quarter. The audit is progressing. The audit review is scheduled for May 24th at 7:00 p.m. -10- MINUTES MONDAY, MAY 9, 1988 PAGE 11 . FINANCE DIRECTOR REPORT - CONTINUED The new software will allow for more detailed check lists in the future. Rascop requested a list of investments and their rate of return. ADMINISTRATIVE REPORT RESOLUTION NO. 44-88 Award 1988 Sewer Maintenance Work Two bids were received and opened on Friday, May 6, 1988. Staff recommends awarding the bid to Visu-Sewer Clean and Seal, Inc. in the amount of $34,805.00. Most of this work will be done on the islands sewer lines. They have already located a 30 gallon a minute leak which could be equal to 150 REC connections when repaired. Visu-Sewer would like to use this area as a case study. Gagne moved seconded by Stover to award the bid to the lowest bidder, Visu-Sewer Clean and Seal, Inc. for $34,805.00. Motion carried by Roll Call Vote - 5 ayes. Request for Dental Plan . The employees have asked to be enrolled in a dental plan at their own expense if necessary. Delta Dental and the League provide plans that require that the employer pay for the plan. Rascop feels the City can make a payroll deduction and submit one check to pay for the coverage. Vogt will return with additional information on participation, cost and providers. Secretary/Receptionist Vacancy Shelly Quaas has submitted her resignation effective May 17, 1988. An "exit interv~ew" will be held that day by Vogt. A temporary will be brought in for training and will remain until someone is hired. Vogt questioned starting salary. Council did not suggest salary but encouraged the hiring of a qualified person. The bookkeeper will also be out for some time due to surgery. MAYOR REPORT LMCD The LMCD met with the Systems Committee of the Metro Council this past week. Lake Minnetonka Week at Canterbury Downs A week has been designated as Lake Minnetonka Week in May. Two free tickets will be sent to residents around the lake. Arrangements have been made to use the Turf Club, reservations are needed. . Hennepin County Water Board The Hennepin County Water Board is looking for a new appointment. Recycling Rascop expressed disappointment in Super Cycle for not picking up his recyclables. -l~- MINUTES MONDAY, MAY 9, 1988 PAGE 12 ~ COUNCIL REPORTS Meeting Time Limitation Gagne suggested that future Council meetings go no later than 11:00 p.m. even if the meetings have to be held every Monday evening. Haugen suggested study meetings for the first and third Monday. Rascop recommended a 15 item agenda and other items to be held over to the next agenda. City Ward Systems The Council was asked to consider the dividing up of the City into Wards with elected council members to come from each of the Wards. EXECUTIVE SESSION The Council went into Executive session to discuss the Bayswater Road litigation at 12:02. APPROVAL OF CLAIMS AND ADJOURNMENT . Gagne moved seconded by Haugen, to adjourn the Regular Council meeting of Monday, May 9, 1988 at 12:12 a.m. (May 10, 1988), subject to approval of payment of claims. Motion carried - 5 ayes. GENERAL AND LIQUOR FUNDS - Acct. No. 00-00166-02 Checks #052907-052998 General $ 49,882.53 Liquor $ 43,506.40 Payroll Checklist: Checks #202079-202116 Total $ 11,155.21 $ 61,037.74 $ 2,746.39 $ 46,252.79 RESPECTFULLY SUBMITTED, ;fJLj I!~ Robert Rascop, Mayor Sandra L. Kennelly City Clerk . -12-