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080888 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 8, 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, August 8, 1988, in the Council Chambers by Acting Mayor Brancel. PLEDGE OF ALLEGIANCE AND PRAYER Acting Mayor Brancel opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Councilmembers Acting Mayor Brancel, Haugen, Stover and Gagne. Absent: Mayor Rascop. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, Haugen seconded, to approve the minutes of the Regular meeting of July 25, 1988, as amended page 2. 4 ayes Gagne moved, Haugen seconded, to approve the minutes of the Special meeting of July 19, 1988, as written. 4 ayes Gagne moved, Haugen seconded, to approve the minutes of the Special meeting of July 20, 1988, as written. Roll Call Vote-4 ayes Haugen moved, Gagne seconded, to approve the miuutes of the Special meeting of July 28, 1988, as written. Roll Call Vote -4 ayes PLANNING COMMISSION REPORT Stover attended the last Planning Commission meeting and will report on their actions as the Council reviews those items. CONSENT AGENDA S.B. Area Water Tower-Approval of Payment Engineer Norton recommended approval of Payment Voucher #5 of Project #86-lD, S.E. area water tower to CBI Na-Con, Inc. in the amount of $85,771.50. Garbaqe Collectors License-MJA Sanitation Administrator Vogt recommended issuance of a Garbage License to MJA Sanitation as a new collector. All terms of the license has been complied with. -1- COUNCIL MINUTES-MONDAY, AUGUST 8, 1988 PAGE 2 . CONSENT AGENDA - Continued Siqn Permits - Our Saviour Lutheran Church - Jeff Kakach-6000 Chaska Road Planner Nielsen has recommended approval of a temporary sign, with portable billboard from August 15 through 19, for the Church's day care at 23290 State Highway 7. He also recommended approval of a permanent slgn of less than 20 square feet as requested at 6000 Chaska Road. This sign does comply with City Code. Haugen moved, seconded by Stover to approve the listed items on the Consent Agenda. Motion carried - 4 ayes by Roll Call Vote DSCUSSION OF ACCESSORY BUILDINGS Stover reported on the Planning Commission discussion of the deter- mination of allowable accessory buildings. The current formula is determined from the principal structures "foot-print." They dis- cussed "housing styles" that would consider living space as calcu- lated ny the building code. The Planning Commission noted 4-3 in favor of not changing the current Ordinance. Only two variances have been requested exceeding the allowable space. They did not feel that warranted a change in the Ordinance. . Haugen moved, seconded by Gagne to accept the Planning Commission's recommendation to leave the Ordinance on accessory space as it exists. Motion carried - 4 ayes. ORDINANCE AMENDMENT - REZONING PORTION ORDINANCE No. 211.~ OF REGI&'];1ER,ED LAND _ SURVEY #:b FROM R-IA TO R-IC A request was received from Susan Sano to have the City rezone her property at 5685 Howards Point Road to R-IC. She thought that her property had been rezoned when the Brentridge subdivision was re- zohed. The City also contacted the owners of 5665 and 5675 Howards Point Road to obtain interest in being lncluded within the rezoning. The Planning Commission unanimously approved the rezoning. Haugen moved, seconded by Stover to approve the first reading of the Ordinance amendment as requested waiving the second reading. Motion carried by Roll Call Vote - 4 ayes COMPREHENSIVE PLAN AMENDMENT - PREAPPLICATION . A presentation was made to the Council for an 83 unit retirement re- sidence along Highway 7 and Riviera Lane, by Joyce Merwin and Scott Duffney of Duffney Construction. Ms. Merwin stated that the average age of the residents would be over 60 years old. She compared re- sident capacity, vehicles, traffic, police activity and parking of this project to a 30 unit apartment complex. The building would provide a sprinkling system, emergency vehicle turn around, a dining room one meal a day service plus a lunch box, available nursing, community area, video theater, swimming pool and jacuzzi. The pro- posed location is benefited by the Shorewood Shopping Center and the Sullivan Center. -2- COUNCIL MINUTES - MONDAY, AUGUST 8, 1988 PAGE 3 COMPREHENSIVE PLAN AMENDMENT - PREAPPLICATION - Continued . Nielsen stated that the purpose of the preapplication meeting is to present the developers ideas and for the Council to determine the merit of the project. Stover stated that the Planning Commission was in favor of the basics of the project but felt the building was too large and the density was too high. Residents spoke opposing the use of the property for high density elderly housing stating that the use should be single family housing as is the current use of the area. Concerns for property value and the lack of a sufficient buffer in the area of the service entrance, and the height of the building were stated. Acting Mayor Brancel stated that complete public comment would be taken when a public hearing is held. Stover stated that the Comprehensive Plan provides for 3-6 units per acre for that area. Council supports the Comprehensive Plan. The Council suggested that there ~ay be a more suitable area in the City for this project. (Council Break 9:21 P.M. 9:25 P.M.) . DENIAL OF REQUEST FOR SIGN PERMIT - CARLSON CLIPPERS A request was made for a sign permit for Carlson Clippers at 6140 Lake Linden Drive. The Planner reported to their non compliance with the C.U.P. to remove an existing garage and an unapproved new parking lot. No compliarlce or response to the Planners request to remove the garage and submit a new site plan showing the upper parking lot has been received. Haugen moved, seconded by Gagne to deny the request and to reapply after compliance to the Planners recommendation have been addressed. Motion carried - 4 ayes. BRENTRIDGE STREET LIGHTING REQUEST Administrator Vogt has contacted developer Dave Johnson, N.S.P. and the petitioners opposing the street lights for Brentridge. He informed them of a revised street light plan that asked for two interior lights as opposed to the original request of five lights. Mr. Gay would like the two interior lights placed closer to the center of the project, not as N.S.P. has recommended. Gagne moved, seconded by Haugen in the location as recommended. ed residents outside the project tied - 2 ayes - 2 nayes (Brancel to approve the two light installation Stover felt that these lights affect- that were opposed to them. Motion and Stover). . Vogt stated that N.S.P. has to have an answer in order to install cable at this time. They will not run cable unless they also install lights. Lines will be very expensive if they are installed after the -3- COUNCIL MINUTES - MONDAY, AUGUST 8, 1988 PAGE 4 . BRENTRIDGE STREET LIGHTING REQUEST -Continued development is completed. Haugen moved, seconded by Gagne to reconsider their motion, 4 ayes. Haugen moved, seconded by Gagne to allow the installation of the two interior lights as suggested by N.S.P. Motion carried-4 ayes REQUEST FOR BMX TRACK CONTRACT Brancel moved, seconded by Haugen to reconsider the motion of May 23, 1988 authorizing the use of the BMX track at Freeman Park. Motion carried-4 ayes Haugen moved, seconded by Brancel to deny issuance of the BMX contract with David Fisher due to an unsigned contract and incomplete infor- mation on the application. Motion carried-4 ayes Mr. Aire Visser requested that the City allow him to sign the contract. Council told him that he should present his request to the Park Commis- sion for their recommendation. . Mr. Fisher stated that he did try to sign the contract and it was not available. He has spent $4000.00 in the track and it is ready for racin~ Wlless a race can be held this week, the riders will not be eligible for the State championship. The interest is strong in Shorewood and is apparent by the volunteer interest and help given in the preparation for the track opening. He would like the contract wit:L r.i:.... Vi.....;.;",:... - ",i'::1:uCUu.>.u'!/Of1e would train Mr. Visser the track opera- tions. Brancel doesn't feel the Park Commission is in favor of open- ing the track this season. Mr. Visser stated that he is an area worker, has a son who is a rider and has been investigated by the police and would like to sign the contract with the City on behalf of the BMX Association. Council would like reapplication made to the Park Commission. The contract was not available for signing until the police background check was completed. The check recommended not to approve the applicant. STAFF REPORT ATTORNEYS REPORT Public Hearings Procedures . Froberg submitted procedures from the handbook for Minnesota Cities for the Councils review. Haugen asked about adjourning the Regular Council meeting in order to open a public hearing. Froberg stated that this was not needed. -4- ~ ~ . COUNCIL MINUTES - MONDAY. AUGUST 8, 1988 PAGE 5 STAFF REPORT - Continued ENGINEERS REPORT Water Connection to City Building The Developer of the site at 24365 Smithtown Road has informed the Engineer that they would like to proceed with the water installation along their north and east lot lines. Froberg stated that he has spoken to the Developers Attorney and he understands that the Devel- oper is undertaking the project at their own risk and the City has no obligation to purchase the easement. The City can come to an agreement on the water line at a later date. Engineer Norton has discussed a line extension to Country Club Road. A plan profile will be sent to the Developer. He is proceed- ing with the plans and specifications as directed. Control Panel and Signal Transmission Norton informed the Council of an increase in price from the 1987 cost. He will reduce the purchase from three radios to two and prepare a change order and return for approval. The final figures will be calculated and discussed with the Developer in the S.E. area. Shady Island Bridge Repair Braun Engineering has estimated a cost of $2,500.00 to do soil and ultra sound tests on the Shady Island Bridge. Norton has discussed the repairs with the County Engineer. Vogt also con- tacted the County Engineer regarding available funds or grants for these repairs. Hennepi:n County Aid for road improvements and Federal assistance is available for bridge replacement. The Federal assistance funds have a three year waiting list. Council directed Norton to continue with plans and specifications and to get on the Federal assistance list. Water Tower Update The Council has agreed to retain the water tower color of two tone blue. Norton feels the water tank should be filled by September 1. Council questioned the accessibility to the water tower stairs. Norton stated that the tower door is locked unless someone is there working in the tower. ADMINISTRATORS REPORT Financial Position The position has not been filled. The bookkeeper feels that the work is up to date. Council directed Vogt to hire a job search firm to fill the position. -5- COUNCIL MINUTES - MONDAY, AUGUST 8, 1988 PAGE 6 . STAFF REPORT- Continued ADMINISTRATORS REPORT Petition for Water Extension A petition was received from Mary Jo Roberts to have the Council consider a water extension on Covington Road. She doesn't agree with the Council's policy of cost being covered by the petitioners. A more equitable manner of payment should be considered. The City should carry the portion of cost when residents do not connect. She also doesn't feel the current $4,000.00 connection fee is acceptable when petitioners may have to pay $10,000.00 for the same benefit. Council directed Vogt to inform Mr. Roberts that the Council has not changed their current policy. Glen Road/County Road #19 Drainage Meeting A meeting is set for August 16, 1988 at 7:00 P.M. at the Tonka Bay City Hall to discuss the drainage proposal for Shorewood and Tonka Bay. Brentridge - Letter of Credit Reduction Dave Johnson submitted a lien waiver today and has asked for a re- duction of his Letter of Credit. . Council directed that it be considered on the next agenda. MAYOR AND COUNCIL REPORTS Minnetrista Suit Brancel attended a meeting for Rascop regarding Shorewood supporting Minnetrista in challenging the constitutionality of the bill allowing condemnation being passed as a garbage bill without public comment. The City's Resolution supporting Minnetrista's position is not sufficient. The City must be named as a plaintiff in the suit. Haugen moved, seconded by Gagne to join in the suit as a plaintiff. Motion carried - 4 ayes. Transportation Meeting Haugen asked for Council's concerns to be expressed at a transpor- tation meeting she will be attending on Thursday. . Stover is in favor of public transportation. Haugen stated that area representatives are not in support of light rail along the old railway lines. They don't feel the population of the area warrants sufficient usage. Council does support public transportation. Request for Budget Amendment - Purchase of VCR and TV Vogt presented a request for consideration of a budget amendment to purchase a VCR and TV. The request came from the Clerk for use in the training of election judges. Other departments would also be -6- COUNCIL MINUTES - MONDAY, AUGUST 8, 1988 PAGE 7 . STAFF REPORT MAYOR AND COUNCIL REPORTS - Continued Request for Budget Amendment - Purchase of VCR and TV able to use the equipment for training sessions and cable tele- vision meetings. Haugen moved to obtain cost estimates and available funding for that expenditure. Shady Island Access Stover asked to have a portion of blacktop removed along the road on Shady Island as it appears to provide a lake access. The black- top was placed as a shoulder to protect the road surface. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne to adjourn the Regular Council meeting of August 8, 1988 at 9:52 P.M. subject to approval of claims for payment and to hold an Executive Session. Motion carried ~ 4 ayes. EXECUTIVE SESSION - Beck Termination RECONVENE COUNCIL MEETING . The Regular Council meeting was reconvened at 10:08 P.M. Beck Termination Stipulation Resolution NO. 85-88 Haugen moved, seconded by Stover to adopt the Resolution setting the stipulation and agreement for the Beck termination. Motion carried by Roll Call Vote - 4 ayes. GENERAL AND LIQUOR FUNDS - Acct No. 00-00166-02 Checks # 053491-053585 General $ 177,776.39 Liquor $ 74,406.99 Payroll Checklist: Checks # 202317-202347 $ 9,264.18 $ 3,134.86 Total $ 187,040.57 $ 77,541.85 RESPECTFULLY SUBMITTED, ie~as~~or . Sandra L. Kennelly City Clerk -7-