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101188 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING TUESDAY, OCTOBER 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 7:30 P.M., Tuesday, October 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 Haugen, Stover and Gagne. (Absent: Brancel) Staff: Attorney Froberg, Engineer Osmundson, Administrator Vogt, Planner Nielsen and Clerk Kennelly. . APPROVAL OF MINUTES Gagne moved, Stover seconded, to approve the minutes of the Budget meeting of September 20, 1988, as written. Motion carried - 4 ayes (Brancel absent) Gagne moved, Haugen seconded, to approve the minutes of the Regular Council meeting of September 26, 1988. Motion carried - 4 ayes Brancel absent) COMMISSION REPORTS Planninq Commission Stover reported that the Planning Commission reviewed items 7-12 on the Council agenda. Stover will report on the Commis- sions recommendation as the Council acts upon the request. A public hearing will be held on November 1, 1988 on gerrymander- ing lot lines. Park Commission . Mrs. Clarke, owner of the property at 5075 Suburban Drive, has asked the Park Commission to consider adding a portion of her lot to the Manor Park property. Administrator Vogt felt the water service from Amesbury could be accessed through this lot. Gagne moved, seconded by Haugen to obtain information regarding this request. Motion carried - 4 ayes. -1- MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 2 . COMMISSION REPORTS Park Commission - Continued John Arnst requested permission to camp over-night with girl- scouts in Freeman Park. The current Ordinance prohibits over- night camping and fires. Gagne moved, seconded by Stover to approve the request. Motion was denied. 1 aye (Gagne) to 3 nayes. Mayor Rascop suggested the use of near by camp grounds providing over-night facilities. The Southwest Trail Association has offered to groom the trail system for cross country skiing to alow year round accessible use. This would better the chances for a park grant. A request was made for trees to be transplanted from Cathcart Park to Manor Park and Amesbury water extension restoration. They would like two large trees transplanted at each location, a tree spade will cost $75.00 an hour. The cost of transplanting would be divided between the water project fund and the park fund. Stover would like the Park Commission to study over-night camp- ing in the park. CONSENT AGENDA . 1989 Animal Control Contract - Midwest Animal Control Resolution No.109-88 A new contract was submitted for approval of the Animal Control contract for 1989 with Midwest Animal Service, Inc. with a 10% increase in cost over the 1988 contract for boarding. 1989 Budget Approval Resolution No.110-88 The amended budget was submitted for final acceptance for 1989. All alterations and amendments have been included in the final draft. The 1989 budget is a 3.4% increase over the 1988 budget. Payment Voucher-Freeman Park-Project No.87-5 Engineer Norton recommended approval of the 4th and final payment voucher for Freeman Park-Project 87-5 in the amount of $257.00 to Widmer Inc. Payment Voucher-S.E. Area Water Tower-Project No.86-1D Engineer Norton recommended approval of the 7th payment voucher for the S.E. Area Water Tower-Project 86-1D in the amount of $14,858.78 to CBI Na-Con, Inc. . -2- . . . MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 3 CONSENT AGENDA-Continued Payment Voucher-Freeman Park-Project No.88-2 Engineer Norton recommended approval of the 2nd payment voucher for the Freeman Park-watermain and surfacing-Project 88-2 in the amount of $29,487.70 to T & S Excavating. Payment Voucher-Sealcoating and Overlay-Project No.87-2 Engineer Norton recommended approval of payment voucher 2 and final for Sealcoating and Overlay Project No.87-2 in the amount of $6,749.77 to Munn Blacktop, Inc. Accept Streets-Waterford 2nd Addition Engineer Norton recommended acceptance of the streets with ,the Waterford 2nd addition plat subject to receipt of a one year maintenance bond. Gagne moved, seconded by Haugen to approve the listed items on the consent agenda as requested including resolution as needed. Motion carried by Roll Call Vote - 4 ayes. METROPOLITAN WASTE COMMISSION - Lift Station Construction Metro Waste representatives in the areas of community organizing site controller and the project engineer were present to respond to the Council's concerns on the Lake Virginia Lift Station site. Mr. Fred Stenborg, site controller, reviewed a site plan and addressed the three main areas of concern; noise, odor and aesthetics of the site. He felt their failure to completely explain their construction plans may have caused the misunderstanding that now exists. He re- viewed the project procedures and time schedules. Council discussed complaints of 4:00 a.m. work start ups, noise, odor, mispresentation of project and unhealthy conditions on the site. Mr. Stenborg stated that noise tests will be done and complied with as well as odor control systems installed and contractors will be instructed to begin working no earlier than 7:00 a.m. Mayor Rascop questioned sealing of the wet well at night, ventilation and site fencing. Council asked about additional sewer capacity after the interceptors are completed. Mr. Odde's office will have to determine the total capacity received. Mr. Stenborg asked to be notified of any additional complaints or questions. -3- MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 4 . PUBLIC HEARING Property Clean~Up The public hearing for the 1988 property clean-up certification was opened by Mayor Rascop at 8:05p.m. for public comment. Administrator Vogt submitted two parcels for certification in the amounts of $139.00 and $4,214.35. RESOLUTION NO.III-88 Mr. Larry Bader owner of the property on Riveria Lane stated that he received his notice of certification last Thursday, that stated that the hearing was held on September 12. Administrator Vogt stated that the date was in error, notice was sent to the last known address on record. Attorney Froberg did not feel the date error effected the certificat~Gn, he also' stated that the original notice of clean-up was sent last December. Mr. Bader stated that Mr. Clapp was the owner in December and he regained ownership on June 30th, he has discussed the ownership with Attorney Froberg but no deeds were filed so no change of owner- ship could be found. Administrator Vogt notified Mr. Clapp, Bader and Miller Mortgage of the unhealthy conditions of the property and the clean-up needed. At that time, no one would accept responsibility for the property. The City took on the property clean-up after the certified letter was sent out. . Mr. Bader stated that he was not the owner of Outlot D at the time of the clean-up. The major problem was caused by squatters on the property. He would like the assessment divided between the two lots. Attorney Froberg stated that a notice of redemp- tion showsLarry Dean Bader as the property owner. Mr. Clapp's deed was not filed so the city had no way of knowing of any other owner. Cost removal records were not separated, but treated as one lot. Mr. Bader has a purchase agreement on this property as does Mr. Clapp. This assessment will be paid off at closing but he would like it divided on the two parcels so that the total cost will not come out of his proceedings alone. He felt Attorney Froberg was aware of the ownership situation. The Council did not feel they could determine a separation of costs. Mayor Rascop closed the public hearing after receiving no further comments at 8:50 p.m. Delinquent Sewer Service The public hearing was opened by Mayor Rascop at 9:10 p.m. Clerk Kennelly submitted a list of delinquent sewer service charges in the amount of $21,657. After calling for and receiving no public comments the Mayor closed the hearing at 9:13 p.m. Delinquent Water Service . The public hearing was opened by Mayor Rascop at 9:14 p.m. Clerk Kennelly submitted a list of delinquent water service charges in the amount of $2,846.93. -4- ~ MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 5 . SETBACK VARIANCE-5060 SUBURBAN DRIVE RESOLUTION NO.112-88 Denis Tierney requested a clarification of "undue hardship". He was disappointed in the comII1issions d.eniaL of - his request". due to their interpretation of undue hardship. Haugen and Stover feel the topography could be a hardship. There is a drainage flow and ponding area on this lot. The Planning Commission and planner recommended . denial. The planner did offer an alternative site location. Neighbor Bob Boyer, spoke in favor of the variance and felt it would have no adverse affect on the neighborhood. Stover moved, seconded by Gagne to grant the setback variance due to the hardship of topography and drainage. Motion carried - 4 ayes by Roll Call Vote. PRELIMINARY PLAT APPROVAL-NOEL WOOD 2nd ADDITION RESOLUTION NO.113-88 . Mr. James Emmer of 5570 Covington Road was present to request to divide his lot into two irregularly shape lots. Mr. Emmer dis- agreed with the planners comments on drainage and suitable lot width for a building pad. Stover stated that the Planning Commis- sion recommend approval of the division subject to the planners staff recommendation of his September 27, 1988 report. Haugen moved, seconded by Gagne to approve subject to the planners report of September 27, 1988. Motion carried-4 ayes by Roll Call Vote. C.U.P. EXCEED 1000 SQUARE FEET OF ACCESSORY SPACE-27280 ISLAND VIEW ROAD RESOLUTION NO.114-88 John Arnott was present, representing Mr. Robert Hegstrom of 27280 Island View Road, to request for a C.U.P. to add a storage shed that added to his existing accessory space will total 1115 square feet. The Planning Commission approved the request as did the Planner in his report of September 29, 1988. Haugen moved, seconded by Gagne to grant a C.U.P. permit as re- quested. Motion carried-4 ayes by Roll Call Vote. DENIAL OF VARIANCE-4505 ENCHANTED LANE RESOLUTION NO.115-88 . Mr. Allen Kramer of 4505 Enchanted Lane has requested a setback variance and a variance to expand a non conforming structure for an expansion he has done to his boathouse. He apologized for the misunderstanding of not obtaining a building permit for his re- modeling of his boathouse. He put pilings in last year to prevent the structure from falling down. -5- MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 6 . DENIAL OF VARIANCE-4505 ENCHANTED LANE-Continued RESOLUTION NO.115-88 Planner Nielsen felt that the addition to the boathouse should be removed including removal of one beam and two piers, the re- maining two piers maybe able to salvage for a dock. Mr. Kramer submitted pictures of his boathouse and others that exist in the same lagoon. The DNR suggested that they would comply with the City's action. Mayor Rascop stated that Mr. Kramer did build without a permit and extended into a protected area. Planning Commission recom- mended that the added structure and pilings be removed. Stover felt the beam should be considered a dock with a wood canopy. Mayor Rascop said that the wood roofing is considered permanent and not temporary like a removable canopy cover also permanent piling requires a permit from the LMCD. Gagne and Stover supported Mr. Kramer's request as it doesn't adversely effect other residents. Haugen had concerns of setting ~ precedence. Mayor Rascop moved, seconded by Haugen to deny both variance re- quests supported by the planners report of September 26, 1988- variance criteria, LMCD code and DNR regulations. Motionca~~~au- 4 ayes by Roll Call Vote. . Mayor Rascop recommended that Mr. Kramer request permission of the LMCD for two permanent docks and the DNR permit. HOUSE MOVING PERMIT- 26120 BIRCH BLUFF ROAD Mr. Leo Meloche requested a house moving permit to remove a house and garage from his property at 26120 Birch Bluff Road. Gagne moved, seconded by Stover to grant the moving permit subject to the Engineer's recommendations. Motion carried -4 ayes. SETBACK VARIANCE - 4960 RUSTIC WAY RESOLUTION NO.116-88 Mrs. Janice Toben of 4960 Rustic Way presented her request for a setback variance from the street for a garage. She displayed a site plan with three different locations and reviewed her objections to locations referred to as A & B. They proceeded to clear a site 30 feet from the road instead of 30 feet from the right-of-way as required. Planner Nielsen stated that property stakes were to be verified prior to beginning construction. A survey was done after a stop work order was issued. Toben's stated that the alternate loca- tions would conflict with their well and new retaining wall. . -6- MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 7 . SETBACK VARIANCE-4960 RUSTIC WAY Continued RESOLUTION NO.116-88 Neighbors Peterson, Lund, Hudlow and Baune spoke in favor of the Toben's request. They noted many other structures existing that are much closer to the right-of-way than Toben's request. Rustic Way has a right-of-way of 60 feet which will require a 12 feet variance. Newly platted streets require a 50 feet width. Haugen moved, seconded by Gagne to grant the variance as requested, hardship being topography and meeting an average setback location with the property to the north. Motion carried-by Roll Call Vote-4 ayes. Council Break: (10:10 P.M. to 10:18 P.M. FINAL PLAT APPROVAL STRAWBERRY FIELDS RESOLUTION NO.117-88 Nanci Strickland-Balogh was present to request final plat approval of Strawberry Fields into one lot and a residue outlot. Gagne moved, seconded by Stover to approve the subdivision subject to receipt of a current title opinion. Motion carried-4 ayes by Roll Call Vote. VACATE ALLEY PORTION OF TIMBER LANE RESOLUTION NO.118-88 . Attorney Froberg submitted a resolution for approval of vacating a portion of an alley in the Lawtonka plat near Timber Lane. Haugen moved, seconded by Gagne to adopt the resolution for vacating as submitted. Motion carried-by Roll Call Vote - 4 ayes FINAL PLAT APPROVAL - LAWTONKA RESOLUTION NO.119-88 Joe Boyer was present to request approval of the Lawtonka final plat. Attorney Froberg has redrafted a new declaration of convenience and requested an updated title opinion. Haugen moved, seconded by Gagne to approve the final plat subject to the approval of the title opinion. Motion carried by Roll Call Vote- 4 ayes. SIGN PERMIT-MARCUS DEVELOPMENT-24365 SMITHTOWN ROAD Council began the discussion with questions regarding the contamin- ated soil presently piled on the site at 24365 Smithtown Road. Mark Senn explained the PCA approved plan to filter the soil underground through a ventilation syste. The soil would be buried in a liner. . Planner Nielsen recommended approval of the proposed wall sign permit tabled until the second facility finalizes their plans for the pylon sign. Haugen moved, seconded by Gagne to grant the sign permit for the building wall sign. Motion carried - 4 ayes. -7- MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 8 . KEROSENE PUMP REQUEST - MARCUS DEVELOPMENT Mark Senn submitted a new diagram with a suggested location for a kerosene pump. Haugen moved, seconded by Gagne to deny the addition of a kerosene pump. Motion carried to deny - 3 ayes to 1 nay (Rascop) GLEN ROAD/COUNTY ROAD 19 DRAINAGE DISCUSSION Administrator Vogt referred to the meeting held at the Tonka Bay City Hall to discuss the proposed drainage project for the Glen Road/ County Road 19 area. Tonka Bay's engineer stated that his City has choosen alternate two - pipe proposal. Shorewood chose alternate one- including ponding and piping. The MCWD has estimated a $3,500.00 cost to define the drainage area boundary lines, a second boundary would define an entire watershed district. Mayor Rascop moved, seconded by Gagne to have Shorewood's drainage district lines defined only, at a cost not to exceed $500. Motion carried- 4 ayes. . Gagne stated that the owners of the properties requiring easement granting arein agreement with the project. The apartment owner is very interested in having a large clear pond. Staff should contact the owner of the shopping center for participation in the project. STAFF REPORTS Attorneys Report Consent Agreement permiting the Firm of Briggs and Morgan to Represent the City in Litigation Resolution No.120-88 Attorney Froberg has received a request from the firm of Briggs and Morgan, that represent Minnetrista and Shorewood in their suit with the Suburban Hennepin Park District. They have asked that Shorewood and Minnetrista sign off on the right to use con- flict of interest and did not represent us properly as a basis for litigation if this suit is lost with the Park District in bonding issues. Gagne moved, seconded by Stover to accept the agreement contingent on Minnetrista's acceptance. Motion carried - 3 ayes - 1 nay (Haugen) by Roll Call Vote. Boulder Bridge Lawsuit . A request has been made for the City to supply an excessive number of documents to their Attorney's for review. He is objecting to the request on the grounds of excessive and hardship caused to the staff. The City will not be able to introduce documents in court that were not furnished to them. -8- ~ MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 9 STAFF REPORTS- Continued Engineers Report S.E. Area Water Tower The Water Tower went into service this afternoon. The bacteria test was completed and approved. The flushing of lines will be started soon. Shady Island Bridge Repair Residents of Shady Island have expressed their concern that fuel trucks will not be able to service their homes. Admin- istrator Vogt will find oil companies that have smaller trucks to service these homes. Council discussed two options available to quickly supply access, the temporary road, or pilings and H-beam support. Council discussed the time needed for obtaining permits, drawing plans and specifications and advertisement for bids. ~ Gagne moved, seconded by Stover to proceed with the H-beam support repair at an estimated cost of $20,000.00 to $25,000.00 and proceed with a request for funding for future replacement. Motion carried - 3 ayes to 1 nay (Rascop) A request for bids will be advertised for a bid opening schedule the 28th or 29th of October. Staff will apply to the DNR for an emergency permit but will proceed as quickly as possible with the construction regardless of receipt of permit. Amesbury Watermain Restoration The clean up of the area is nearly completed. The Council has agreed to transplant two large trees from Cathcart Park in this area. Gagne moved, seconded by Stover to purchase two additional small trees for planting in this area from the water fund. Motion carried - 4 ayes. Planner Nielsen requested a modification to the plans for the emergency access at Amesbury West. The plan calls for sodding, he is requesting that it be changed to seed because the area is not to be mowed. Gagne moved, seconded by Stover to modify the landscape to include seeding instead of sod. Motion carried - 4 ayes. ~ -9- MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 10 . STAFF REPORTS- Continued Administrative Report Goose Round-Up Administrator Vogt would like to schedule a public meeting to discuss a possible Spring Goose round-up. He has been asked by residence of Timber Lane, Christmas Lake and En- chanted Island for help with this problem. A Mr. Cooper, from the University of Minnesota has volunteered to attend this meeting to submit information. Mayor Rascop moved, seconded by Gagne to set a public infor- mation meeting for November 28, 1988. Motion carried. Finance Director Interviews The interview meeting will be held beginning at 6:45 P.M. on October l2, 1988 to hire a Finance Director. COUNCIL REPORTS Meetings . Mayor Rascop informed the Council of a meeting to be held, Changing Demographicsand Institute of Internal Audits, which Administrator Vogt will attend. LMCD JoeEllen Hurr has been appointed chairman of the LMCD, Tom Reese is vice-chair. New committees will be set up to work on the Comprehensive Plan and inter-governmental relations. A primary concern on the treatment of the weed "foil" will be a major concern. He recommended that a sign be posted at the Christmas Lake accesss to tell people to clean their boats and trailers off of weeds prior to launching their boats in an effort to prohibit transfer of this weed to the lake. COUNCIL REPOR'I' Haugen requested that Manor Park pond be cleaned out as long as it is currently dry. Haugen would like Metro Waste Control contacted regarding the re- duction of flow due to the I and I repairs. Residents have expressed concerns over tax dollars being spent for education advancement of City staff. . Stover has spoken to Jim Schultz regarding the Comparable Worth study. He stated that the purpose of the study was to determine -lO- MINUTES - TUESDAY, OCTOBER 11, 1988 PAGE 11 . COUNCIL REPORT- CONTINUED discrimination and if this was not proved a change in salary plans does not have to be made. He questioned the study done by Labor Relations and he will pursue the study if the Council would like him to. Stover will ask about cost for this service. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Mayor Rascop to adjourn the Regular Council meeting of Tuesday, October 11, 1988 at 12:03 A.M. subject to approval of claims for payment. Motion carried unanimously - 4 ayes. General and Liquor Funds - Acct. No. 00-00166-02 General Checks # 053872-053995 $ 267,784.50 Liquor $ 65,264.52 Payroll Checklist: Checks # 202443-202476 $ 9,661.80 $ 2,991.70 Total $ 277,446.30 $ 68,256.22 . RESPECTFULLY SUBMITTED, %. , /) /i;v ;(~ ~obert Rascop, Mayor Sandra L. Kennelly City Clerk . -11-