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071188 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 11, 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 7:33 PM, Monday, July 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, Haugen, and Stover. Gagne (absent) Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly. APPROVAL OF MINUTES Brancel moved, Stover seconded, to approve the minutes of the Special Meeting of June 27, 1988, as amended. Motion carried - 4 ayes. Haugen moved, Stover seconded, to approve the minutes of the Regular Council Meeting of June 27, 1988, as amended with corrections on pages 2,3,4 and 7. Motion carried - 4 ayes. PLANNING COMMISSION REPORT Councilmember Haugen attended the Planning Commission meeting of July 5, 1988. She will report on the Commission actions on the items as they are considered on the agenda. The Planning Commission did have a discussion regarding the accessory structure provisions. They would like to review the Comprehensive Land Use Plan and Zoning Ordinance for possible changes in the accessory structure require- ments. CONSENT AGENDA Street Light Request - Sweetwater 2nd Addition Staff recommends approval of the installation of four (4) street lights within the Sweetwater at Near Mountain 2nd Addition plat as requested by Mike Pflaum of Lundgren Bros. Southeast Area Water Tower Payment Voucher Engineer Norton recommended payment of Voucher #4 to CBI Na-Con, Inc. in the amount of $31,260.95 for Project #86-10; Southeast Area Water Tmwer. -1- . . . COUNCIL MINUTES - MONDAY, JULY 11, 1988 PAGE 2 CONSENT AGENDA Continued Southeast Area Water Tower Payment Voucher f?f<-- Brancel moved, seconded by Haugen, to approve the Consent Agenda items as submitted. Motion carried - 4 ayes. Trapping Committee Report Jane Kline obtained additional information on a repellant spray that could be sprayed on the trees in the fall to keep the beavers from cutting them down. Tom Moll stated that the repellent is a deer repellent and is opposed to chasing away the deer in order to solve a rodent problem. Mr. Moll has obtained a bid to dredge out the canal, although there is no signs of beavers in the canal due to the low water conditions. They have seen beavers in the main part of Lake Virginia. He is in favor of the spraying but feels the real solution is to re- duce the population. He spoke to the DNR regarding the spraying and the live trapping and transporting of the animals to a different area. He asked that the City participate in the pur- chase of the spray. Mr. Cal Wilson felt this was an animal control problem, but was told by Midwest Animal Service that they didn't have a sufficient equipment or the expertise to handle that large a scale problem. Mr. Nelson stated that the minimum purchase of spray would cost $1,000.00 and he didn't feel the chemical was a solution to the problem. Ms. Kline has had great difficulty in getting the neighbors to meet or come to a compromise. Mr. Moll felt that there was no need to do anything at this time. Brancel moved, seconded by Stover, to remove action from the table for reconsideration. Motion carried - 4 ayes. Haugen moved to remove any action on leg hold traps, she then with- drew her motion. Haugen moved to remove Mr. Hertzberg from the Committee because he is no longer living in the City, seconded by Brancel. Motion carried 3 ayes - 1 nay (Rascop). Mr. Moll would like a person from the DNR involved. The Committee was asked to return to the Council September 26, 1988. Final Plat - Mayflower Road Addition Resolution #71-88 Mr. Dale Peterson of 6070 Galpin Lake Road was present to request final plat approval of his 3 lot division. Nielsen stated that he has provided the easements that were recommended for run-off and has moved the Lot31ot line 20 feet further to the North to pro- vide a larger buildable area. Soil tests were done on Lot 1 and it -2- . . . COUNCIL MINUTES - MONDAY, JULY 11, 1988 PAGE 3 CONSENT AGENDA Continued Final Plat - Mayflower Road Addition Resolution #71-88 can be buildable with the corrections recommended by Allied Soil testing. Staff recommends that the soil test be filed with plat for Lot 1. The extensive Lot corrections needed to make the Lot buildable were reviewed by the Council. The Resolution -approving this plat should act as a "red flag" whe,n filed, to warn a prospective PI" purchaser and fulfill any obligation the City may have in safe ~ guarding a purchaser. Stover moved, seconded by Haugen, to approve the final plat of Mayflower Road Addition, subject to the planner's recommendations and filing the soil test with Lot 1. Motion carried - 4 ayes by Roll Call Vote. (Council Break: 8:40 P.M. - 8:45 P.M.) Preliminary Plat Approval - Johnson's 1st Addition Resolution # 72-88 Haugen attended the Planning Commission hearing on the Johnson's 1st Addition proposal. The neighbors did attend this hearing and asked questions and seemed to be comfortable with the responses. Their concerns were the wetlands and placing the same convenan,ts on these lots as are on the Waterford subdivision. The Planning Commission unanimously approved the request. Outlot C will be incorporated into this plat. Mr. Johnson has an agreement that this outlot will be sold to him. Haugen moved, seconded by Brancel, to approve the preliminary plat subject to the eight conditions of the Planner's report dated June 27, 1988, (#8- "applicable" to be added instead of "same"), applicant to submit up to date title opinion, and final plat to be submitted within six months. Motion carried - 4 ayes by Roll Call Vote. Haugen moved, seconded by Stover, to direct the Attorney to draft an amendment to the Zoning Ordinance amending this area fromR~lA to R~IC. Motion carried - 4 ayes. Preliminary Plat - Hendrickson J"cres~Solution # 73-88 Haugen reported that the Planning Commission approved the Hendrickson Acres preliminary plat subject to readjustment of the rear lot lines of Lot 1 thru 3 to add additional square feet where road right-of-way should be acquired, and the nine recommendations made by the Planning Commission. Nielsen also stated that water- shed approval would be needed prior to final plat approval. Haugen moved, seconded by Brancel, to approve the preliminary plat -3- . . . COUNCIL MINUTES - MONDAY, JULY 11, 1988 PAGE 4 CONSENT AGENDA Continued Preliminary Plat - Hendrickson Acres Resolution # 73-88 subject to readjustment of lot lines in Lots 1-3, Planning Commission recommendations, and the Planner's recommendations listed in his report of June 29, 1988. Motion carried - 4 ayes by Roll Call Vote. Preliminary Plat - Boulder Bridge 3rd Addition Resolution # 74-88 Mike Jorgenson was present to request a combination and re- division of 28070 and 28080 Boulder Bridge Drive to coincide with the existing tree line and current use by he and Mr. Rykes. Haugen moved, seconded by Stover, to approve the division as submitted. Motion carried - 4 ayes by Roll Call Vote. Simple Subdivision and Lot Area Resolution # 75-88 Variance~yril Kerber - 4800 Rustic Way The reapplication for subdivision frcrrn Cyril Kerber mcl~es ,a grea~ er ~otarea variance due to loss of square feet in a new survey. No explanation for the difference in square feet was received. The new survey and reapplication were due to expiration of filing date on previous approvals, this was due to a mortgage company problem. Stover moved, seconded by Brancel, to approve the subdivision and grant the variance due to the error in the survey, and stat- ing no other reasonable use of the land as hardship, and subject to the planner's recommendation of his June 31, 1986 report to include #5. To submit legal description and provide the City with a conservation easement over the wetlands. Motion carried - 4 ayes by Roll Call Vote. Haugen moved, seconded by Stover, to retain the two variance fees paid and reimburse unused subdivision fees due to the mortgage delays. Motion carried - 4 ayes. Stover suggested that this reimbursement policy be established. C.O.P. - Special Home Occupation Permit - 25405 Smithtown Road Resolution # 76-88 Tom Swanson has requested a C.O.P. to operate an upholstery shop on his property, a C.O.P. to exceed 1000 square feet of accessory space, that would exceed the foot print of his home. The purpose of his variance request is to build a new three car garage, and the C.O.P. to operate his upholstery shop in an existing barn. -4- ~ . . COUNCIL MINUTES - MONDAY, JULY 11, 1988 PAGE 5 CONSENT AGENDA Continued C.O.P. - Special Home Occupation pemit - 25405 Smithtown Road Resolution # 76-88 Haugen reported that the Planning Commission did approve a C.O.P. to exceed 1000 square feet up to 1100 square feet to equal the foot print of his home. This was less square feet than he re- quested. Nielsen stated that the Planning Commission would like to study the formula for accessory buildings. He suggested that ~r. Swanson could ask the Council to table his variance request for possible Ordinance amendments after the formula study. Stover moved, seconded by Brancel, to issue a C.O.P. for a Home Occupation Permit. Motion carried - 4 ayes by Roll Call Vote. Haugen moved, seconded by Stover, to table the C.O.P. and Variance for accessory as requested by Mr. Swanson for Planning Commission study. Motion carried - 4 ayes. C.O.P. to Exceed 1000 Square Feet of Accessory Space - 27280 Edqewood Road Resolution # 77-88 Gary Petrich of 27280 Edgewood Road requested a C.O.P. to exceed 1000 in accessory space for a new garage. He complies with the City code and does not exceed the primary structure foot print. The Planning Commission recommended approval of the C.O.P. Haugen moved, seconded by Brancel, to grant the C.O.P. as recom- mended. Motion carried - 4 ayes by Roll Call Vote. Preliminary and Final Plat Approval Harding Acres 2nd Addition Resolution # 78-88 Dick Conry was present representing the Airnational Group Ltd. in their request for preliminary and final plat approval. This plat has been previously approved and never recorded within the time limited by Ordinance. Nielsen reviewed the Development Agreement and made the necessary changes to this agreement and included the requirement to have the sewer lines televised prior to turning over the lines to the City. Planning Commission did recommend approval of the preliminary and final plat. Haugen moved, seconded by Stover, to approve the Preliminary and Final plat, and amended Development Agreement as recommended by the Planner's report dated September 30, 1987 plus the televising sewer line requirement. Motion carried by Roll Call Vote - 4 ayes. -5- COUNCIL MINUTES - MONDAY, JULY 11, 1988 PAGE 6 ~ GALPIN LAKE WOODS Amendment to Development Agreement to Allow Water Extension Resolution # 79-88 Attorney Froberg reviewed the Development Agreement and made corrections to the draft agreement. Developer Schoenwetter and his Attorney, Gary Eidson, questioned the amount of credit for water installation outside of the project. They understood that credit for hydrants outside the project area were to be reimbursed. Council discussed total project costs and variations in unit costs and reimbursements. They suggested various connection reimbursements, total unit charge and numbers of units to be repaid outside the project. Haugen moved, seconded by Rascop, to allow Mr. Scheonwetter $2,000.00 for each connection outside the project with an$8,000.00 cap on the total to be reimbursed. Motion carried-3 ayes~l nay (Stover). Clarification of Right-of-Way and Roadway . Engineer Norton checked dimensions from two surveys submitted. The Egan Field and Nowak survey allows 30 feet for the road and Hedlund~ survey would allow 22 feet without getting into the wet- lands. There is not a 50 foot easement outside of the wetland area. Froberg stated that there is a procedure to allow a "earth change plan" if the road would have to extend into the wetlands. Barbara Jo Arens asked about DNR response from an inspection last Wednesday. Nielsen stated that he has received no response to date. Ms. Arens asked for clarification of the Council's direction to determine sufficient roadway under the worst case scenario. She asked if the line of historical occupation was used. This line is 5 feet further toward the wetlands.Norton said the dimensions were figured from the two surveys submitted. ATTORNEYS REPORT Status of Beck Termination Haugen recommended that an Executive Session be held at the conclusion of this meeting. ENGINEERS REPORT Award Project #88-2 - Watermain, Parking Lot and Ballfield Surfacing Resolution #80-88 . Bids were received and opened at 11:00 AM today. Norton recom- mended that the bid be awarded to the low bidder, T&S Excavating in the amount of $75,777.70. -6- . . . COUNCIL MINUTES - MONDAY, JULY 11, 1988 PAGE 7 ENGINEERS REPORT - Continued Award Sealcoating and Overlay Project Resolution #81-88 Bids were received and opened at 11:30 AM today. Norton recom- mended awarding the bid to H.L. Johnson Co. in the amount of $123,000.50. Haugen moved, seconded by Brancel, to award the sealcoating bid to H.L. Johnson Co. Motion carried - 4 ayes by Roll Call Vote. Status Report on the 1987 Sealcoating - Munn Blacktopping Certified letters have been sent to Munn Blacktopping and their surety company notifing them of the need for corrective work to be completed prior to acceptance and finalizing out the project. Norton would like to direct and inspect the repairs. A letter will be sent on the work to be completed. The inspections and time will be billed back to Munn. PLANNERS REPORT Harding Acres Subdivision Sign Permit Nielsen presented a request for a subdivision sign that complies with the Ordinance, for Harding Acres 2nd Addition. Haugen moved, seconded by Rascop, to grant the sign permit. Motion carried - 4 ayes. Fill Permit Request - LeRoy Bishop Nielsen presented a request for a fill permit for Mr. LeRoy Bishop. He would like to fill in an area of his property next to Shorewood Lane. He feels the road installation has caused a dam and the need for him to fill. The fill needed exceeds the limit Nielsen can issue according to Ordinance without obtaining a C.U.P. Mr. Bishop doesn't agree with the $200.00 C.U.P. fee, he would like the fee waived. Norton inspected the site. He stated that the ro~d has an improper back slope according to the current requirements. The road was installed many years ago. Mr. Bishop said that he has wanted to fill this area for years, but had a drain field in this area and he couldn't fill over it at that time. Council doesn't agree with waiving the fees. ADMINISTRATIVE REPORTS 1989 Budget Priority to be Set Vogt is on the Revenue Sourc~Committee of the League of Minnesota Cities. The City will be under a 4% levy limitation for 1989. -7- COUNCIL MINUTES - MONDAY, JULY 11, 1988 PAGE 8 . ADMINISTRATIVE REPORTS - 1989 Budget Priority to be Set - Continued He reviewed the proposed changes and new due dates under the proposed "Truth in Taxation" procedure. Vogt would like budget priorities submitted by the end of July for review with the Staff and Financial Advisory Board. Suggestions were submitted: parking lot and access repairs and stripping and curbing; transfer water supply to Badger well for City buildings; Capital Improvement Fund established; office decorations and furnishings; additional budget for sealcoating 10 miles of street yearly. Stover would like to reduce the mill rate. Haugen would like to see a list of 'fixed expenses'. Set Administrators Review Date Haugen recommended that the Council, as a whole, review Vogt on July 19, 1988. Special meeting was set for that date. Set Finance Director's Interviews . The resumes have been submitted for review to the Finance Director's in St. Louis Park and Minnetonka. They are also will- ing to be involved in the interview process. Rascop has received the resumes. Haugen and Stover would also like to look at the resumes. Set Finance Director's Interviews The interviews will be held on July 19th beginning at 7:30 P.M. During the Special Council Meeting. MAYORS REPORT Support to the City of Minnetrista Resolution #82-88 Opposing Given Authority to Met. Council to Override City Authority A Mayor's meeting will be held July 30, 1988 to discuss the State Legislature giving the Met Council the authority to override City decisions. Haugen read a Resolution supporting Minnestrista's right to deny the proposed Park on Lake Minnetonka. Haugen moved, seconded by Stover, to pass a Resolution in support of Minnetrista's position. Motion carried by Roll Call Vote - 4 ayes. . -8- . . . COUNCIL MINUTES PAGE 9 MONDAY, JULY 11, 1988 APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Brancel, to adjourn the Regular Council Meeting of July 11, 1988 subject to approval of claims for payment, to be followed by and Executive Session to discuss the statue of the Beck termination, at 10:55 P.M. Motion carried - 4 ayes. GENERAL AND LIQUOR FUNDS - Acc No. 00-00166-02 General Liquor Checks # 053314-053406 $ 171,331.66 $ 65,719.69 Payroll Checklist: Checks # 202249-202279 $ 8,914.71 $ 3,027.27 Total $ 108,246.37 $ 68,746.96 RESPECTFULLY SUBMITTED, . ;,)../.. obert Rascop, Mayor Sandra L. Kennelly City Clerk -9-