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111488 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, NOVEMBER 14, 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, November 14, 1988, by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop and Councilmembers Haugen, Stover, Gagne and Brancel. Staff: Attorney Froberg, Engineer Osmundson, Administrator Vogt and Deputy Clerk Niccum. APPROVAL OF MINUTES Brancel moved, Gagne seconded, to approve the Regular minutes of October 24, 1988. Motion carried - 5 ayes. Brancel moved, Gagne seconded, to approve the Special meeting minutes as written. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Beaver Complaint - Water ford Pond Mr. Jack Ocenasak of 5505 Water ford Circle appeared. He pre- sented pictures, explained damage, and asked for a solution. Administrator Vogt stated he had attempted to get a live trapper and was told live trapping will not work due to the area where traps would have to be set, and the beavers would drown. He also said relocation won't work because beavers are too plen- tiful. Haugen said she talked to several residents and discovered the beavers have plugged the storm sewer, a situation that could cause serious problems. Haugen moved to amend the Ordinance to provide leeway for the Council to act in emergency situations. Gagne seconded for discussion purposes. Motion was amended to direct City Attorney -1- , . . MINUTES - MONDAY, NOVEMBER 14, 1988 PAGE 2 MATTERS FROM THE FLOOR Beaver Complaint - Waterford Pond - Continued Froberg to draft an amendment to the trapping Ordinance, being very specific regarding instances of use and procedures, for the November 28th meeting. Motion carried - 5 ayes. Upper Lake Minnetonka Yacht Club Resolution No.138-88 Mr. John Dennis, of the Upper Lake Minnetonka Yacht Club, appear- ed to state the Club is moving to Spring Park, and asked for approval of the move. Mayor Rascop moved, Haugen seconded, to support a Resolution commending the Upper Lake Minnetonka Yacht Club for moving from R-l residential to commercial zoning in Spring Park thus elimi- nating a Conditional Use Permit. Motion carried by Roll Call Vote - 5 ayes. PLANNING COMMISSION REPORT Stover said there were six public hearings. She will report on them as they appear on this agenda. LIGHTING-CITY HALL PARKING LOT There have been complaints about darkness from people entering City Hall at night. Haugen moved, Gagne seconded, to direct the City Engineer to draw up a parking lot lighting plan and cost estimate. Motion carried - 5 ayes. PARK COMMISSION Freeman Park-Payment Delay Request Brancel moved, Gagne seconded, to remove item B-3, Payment Voucher for watermain, parking lot, and ballfields-Freeman Park- Project No.88-2, and item C, Home Energy Check-up Program, from the Consent Agenda. Motion carried- 5 ayes. Administrator Vogt has spoken to the Freeman Park contractor, T & S Excavating and they will solve the rock problem on the outfields. The City Engineer will varify all grades. If there is a grading problem widmer will be brought back as they have a one year maintenance bond. Administrator Vogt will send a letter to T & S Excavating explaining why payment is being delayed. -2- . . e MINUTES - MONDAY, NOVEMBER 14, 1988 PAGE 3 PARK COMMISSION - Continue Manor Park Warming House/Pavilion Planner Nielsen stated the Conditional Use Permit, (Passed for Lepo~ky's signed architectual plan) has expired. Administrator Vogt recommends RFP's from architectural firms for the building. Brancel moved, Gagne seconded, to direct Administrator Vogt to get RFP's for the warming house/pavilion, fitting the Park Commission's request, either designing their own plan or using Lepowsky's signed plan as a base, in the $15,OOO.OO~$20,OOO.00 range. Motion carried - 5 ayes. BMX Track Brancel moved, Gagne seconded, to remove the portion of BMX track that is on a neighbors property. Motion carried - 5 ayes. Rink Attendant Salary Increase Raises as $4.50 $4.75 $5.00 follows were requested: to $5.00 to $5.25 to $5.50 Brancel moved, Gagne seconded, to table raise consideration until the budget amount is checked, and an estimate of hours to be worked is received. Motion carried - 5 ayes. Candy/Pop Sale - Cathcart Park Park Commission requested that only Martey Jakel be allowed to sell pop and candy only at Cathcart only on the Sundays they have musical skating, with proceeds to go to the Park Fund. Brancel moved, Gagne seconded, to table this issue until research is done to see if this is allowed by Ordinance. Motion carried - 5 ayes. Snowmobile Trails - Request to Southwest Trail Association The Park Commission requests contacting the above association to see if they will mark trails in order to prevent problems, mainly around Cathcart skating rink. Mayor Rascop moved, Gagne seconded, to direct Administrator Vogt to draft a letter to Southwest Trails Association requesting marking of trails and to express the fact that complaints have been received regarding speed, late hours, etc. and ask about better policing. Motion carried - 5 ayes. -3- . . e MINUTES-MONDAY, NOVEMBER 14, 1988 PAGE 4 CONSENT AGENDA Acceptance of Local Election Results Resolution No.147-88 The election results from the November 8, 1988 General Election were presented for approval. Payment Voucher-Seal Coating and Overlay-Project No.88-1 Engineer Norton recommended approval of the third and final payment voucher for Seal Coating and Overlay-Project No.88-1 in the amount of $11,504.00 to H.L. Johnson Company. Payment Voucher - S.E. Area Water Tank - Project No.86-1D Engineer Norton recommended approval of the eighth payment voucher for S.E. Area Water Tank - Project No.86-1D in the amount of $5,327.62 to CBI Na-Con. PAYMENT VOUCHER-BADGER FIELD WATERMAIN-PROJECT NO.88-3 Engineer Norton recommended approval of the first payment voucher for Badger Field Watermain - Project No.88-3 in the amount of $19,321.99 to F.F. Jedlicki, Inc. REQUEST FOR LETTER OF CREDIT REDUCTION HARDING ACRES RESOLUTION NO.139-88 Administrator Vogt recommends reducing the Letter of Credit to the amount of $25,000.00, a one year maintenance bond to be provided. The Resolution not to be released until all out- standing bills for City services are paid in full. ACCEPTANCE OF IMPROVEMENTS-TOWNE ADDITION RESOLUTION NO.140-88 Engineer Norton recommends taking over the ownership and main- tenance of the street (Christopher Road) and utilities, subject to receipt of a one year maintenance bond. TEMPORARY SIGN PERMIT - SHOREWOOD SHOPPING CENTER Planning Department states sign meets City Ordinance, sign will be 4' X 8' with no lights or moving parts and will advertise the Craft Fair during week of November 14th. Haugen moved, Stover seconded, approval of the Consent Agenda with the removal of items B-3 and C. Motion carried and Reso- lutions adopted by Roll Call Vote - 5 ayes. -4- . MINUTES - MONDAY, NOVEMBER 14, 1988 PAGE 5 HOME ENERGY CHECK-UP PROGRAM Council wants to have the liability of the City clarified by the Attorney before they act upon this issue. AMESBURY RIGHT-OF-WAY MAINTENANCE Mr. Dean Thomas of the Amesbury West Association was present. On behalf of the Association he made the statement that in the future the Association would no longer perform maintenance of the right- of-way of Bayswater Road on the side of the street opposite to the Development. Mr. Thomas also submitted applications from the four property owners who own the mailboxes located on the opposite side of the street from the Development for permits to keep the mailboxes in the right-of-way pursuant to the Shorewood City Code Section 901. Based upon the statement made by the Association and the permits submitted by the mailbox owners, the City Attorney recommended that the complaint brought by the City against the Association for illegally maintaining the right-of-way and keeping the mailboxes in the right-of-way without a permit be continued one year for dis- missal. e Gagne moved, Brancel seconded, to approve the permits, permitting the mailboxes to continue in the right-of-way until such time as the City sees fit to revoke the permits. Motion carried - 4 ayes <~ 1 abstention - Stover. The Council asked Administrator Vogt to write a letter to Mr. Peterson explaining the decision made. VARIANCE TO EXCEED FOOTPRINT AND RESOLUTION NO.141.88 CONDI'l'IONAL USE PERMIT TO EXCEED 1000 SQUARE FEET OF ACCESSORY SPACE Randi and Lisa Gibbs - 5365 St. Albans Bay Road Planner Nielsen reviewed the Gibbs request for a C.U.P. to put a second garage on the lower level, thus creating a two story garage. The Planning Commission and Planner both recommended approval. Stover moved, Haugen seconded, to approve the Conditional Use Permit and the Variance. Motion carried by Roll Call Vote - 5 ayes. Stover mentioned that the Planning Commission questioned why the Ordinance counts gross floor area of accessory space but only the footprint of the principal structure, and discussed comparing foot- prints to footprints or area to area. SIMPLE SUBDIVISION AND LOT AREA VARIANCE ALICE GOETHKE-6010 APPLE ROAD RESOLUTION NO.142-88 e Mr. Jeff Schoenwetter, Alice Goethke's representative, was present to request dividing the property into two lots, the lot with the exist- ing home with 24,393 square feet and a new lot approximately 16,874 in size, resulting in a variance of 3,126 square feet. -5- . MINUTES - MONDAY, NOVEMBER 14, 1988 PAGE 6 SIMPLE SUBDIVISION AND LOT AREA VARIANCE RESOLUTION NO.142-88 ALICE GOETHKE-6010 APPLE ROAD - Continued Approval is recommended by both Planner and Planning Commission. Gagne moved, Haugen seconded, to approve the simple subdivision and lot variance contingent upon the six recommendations in the Planner's Report of October 27, 1988. Motion carried by Roll Call Vote - 5 ayes, CONDITIONAL USE PERMIT FOR MULTIPLE COMMERCIAL SIGNAGE MARCUS DEVELOPMENT/ Y.E.S. - 24365 SMITHTOWN ROAD RESOLUTION NO.143-88 Mark Senn of Marcus Development/Y.E.S. was present. Planner Nielsen reviewed his report. Haugen moved, Stover seconded, to approve the Conditional Use Permit for Multiple Commercial Signage contingent upon the following recom- mendations from the Planner's Report dated October 26, 1988: 1. That the "Car Wash" wall sign consisting of 11.5 square feet be removed, bringing the total signage down from 350 square feet to 339.5 square feet, thus meeting the 341 square feet allowance. . 2. That two signs, no more than three square feet in area, be placed in a position so that they identify the entrance and exit of the car wash. 3. That the applicant be advised of Shorewood's regulations relative to advertising and temporary signs. Motion carried by Roll Call Vote - 5 ayes. Mark Senn, when questioned, brought the Council up-to-date regarding the disposal plans for the contaminated dirt, and his dealings with the PCA. Administrator Vogt will also continue discussions with the PCA regarding the dirt. DEVELOPMENT STAGE APPROVAL-BAYWOOD SHOPS P.U.D.-DICK DREHER, DREHER AND ASSOCIATES, INC.-5620 and 5660 MANITOU ROAD RESOLUTION NO.144-88 ~ / & 0 Planner Nielsen reviewed his report, stating Dreher and Associates have already revised their site plan to meet parking lot setbacks and reduce driveways from three to two. e Dick Dreher was present. He expressed frustration over the drainage issue, saying the Watershed District has tabled the issue until they have City approval of an overall stormwater management plan for the -6- . MINUTES - MONDAY, NOVEMBER 14, 1988 PAGE 7 DEVELOPMENT STAGE APPROVAL-BAYWOOD SHOPS P.U.D.-DICK DREHER, DREHER AND ASSOCIATES, INC.-5620 and 5660 MANITOU ROAD - Continued RESOLUTION NO.144-88 area. Mr. Dreher also discussed the mini-storage saying they have decided against mini-storage and are now proposing large storage sections, possibly three of them. He also said there will be lighting on the rear side of the building. Mr. Dreher stated that they have adequate parking and will probably never use the back two acres of the property. The middle two acres may be used for park- land and trails. Engineer Osmundson discussed the drainage pattern, saying that the pipe running north and discharging water at the adjacent property line should direct water to the west. Engineer Norton had suggested that the pipe to handle storm water end at the rear of the parking lot and a swale or energy dissipator carryon from that point. Gagne moved, Stover seconded, to approve the development stage of the Baywood Shops P.U.D. contingent upon the Planner's recommendations in his Report of October 25, 1988. Motion passed by Roll Call Vote - 5 ayes. . C.U.P./P.U.D. RESIDENTIAL ESTATE-TOM KORDONOWY-6100 APPLE ROAD Stover reported that the Planning Commission had unanimously approved. Mr. Kordonowy has agreed to keep the 4.5 acre site intact, he llas no plans for future division. There will be a public hearing held on November 28 before the City Council to consider this proposal. No action was taken at this time. FINAL PLAT-BOULDER BRIDGE 3rd ADDITION - MIKE JORGENSEN-28070 AND 28080 BOULDER BRIDGE DRIVE RESOLUTION NO.145-88 Haugen moved, Gagne seconded, to approve the final plat of Boulder Bridge 3rd Addition, and that an extension be granted to file the final plat until December 31, 1988. Motion carried by Roll Call Vote - 5 ayes. REQUEST TO CONTINUE DEVELOPMENT- TOWNE ADDITION RESOLUTION NO.146-88 e Mr. Bill Ecoff was present to request permission to build on Lots 4, 5, 6, 7 and 8 of his development. He asked that the stormwater management plan for the Glen Road/County Road 19 be accepted by the City. Residents questioned easement locations. The Council decided to break to have staff answer the concerns. -7- MINUTES - MONDAY, NOVEMBER 14, 1988 PAGE 8 . COUNCIL BREAK - 9:25 P.M. - 9:35 P.M. REQUEST TO CONTINUE DEVELOPMENT - TOWNE ADDITION - Continue RESOLUTION NO.146-88 Mr. Chuck Farrell, who has a two acre parcel at 24695 Glen Road, Mr. David Littlefield of 24775 Glen Road and Mr. John Dennis, owner of the Shorewood Place Apartments, expressed concerns re- garding: flucuating water levels and total capacity of pond three, how easements through their property may affect them, who will pay, how will funding be done and total cost. In general - how will they be affected by the drainage? Staff gave further explana- tion of the proposed project. Gagne moved, Haugen seconded, to adopt the Resolution accepting the hydrologic report and approving a stormwater management plan for the Glen Road/County Road 19 subwatershed, thus authorizing Mr. Bill Ecoff to go ahead with Phase two, consisting of construction on Lots 4, 5, 6, 7 and 8, in the Towne Addition providing that he cover the cost of constructing a pond by either a 150% Letter of Credit or a cash deposit of $3,000.00 said amount is not in lieu of further special assessments. Motion carried by Roll Call Vote - 5 ayes. . PETITION FOR NO PARKING SIGNS MUIRFIELD CIRCLE (WATERFORD) RESOLUTION NO.148-88 Ann Christian and Dick Wagner were present to discuss the parking problem on Muirfield Circle due to construction. Ms. Christian had a petition with seven signatures. The school bus will not come down the street unless something is done. Various ways of solving the problem were discussed. Haugen moved, Brancel seconded, to have no parking signs put up on the outside of the circle stating "No Parking - Monday through Friday - 7:00 AM - 5:00 PM." Motion carried by Roll Call Vote - 5 ayes. STAFF REPORT Attorney's Report Status Report - Plehal-Crowley vs. Lake Minnetonka Homes (Ridge Point Development) The City received a draft on the $42,000.00 Letter of Credit put up by Minnetonka Homes, Inc. in the amount of $37,400.88. Subcontractors Clover Hill and Plehal-Crowley were paid pur- suant to court proceedings. e Administrator Vogt read a letter from Gary and Carol Dorale, of 5905 Country Club Road, referring to conditions set forth in an easement agreement asking for replacement of shrubs, trees, sodding correction where bare patches were left between rolls of -8- . MINUTES - MONDAY, NOVEMBER 14, 1988 PAGE 9 STAFF REPORT Attorney's Report- Continue Status Report - Plehal-Crowley vs. Lake Minnetonka Homes (Ridge Point Development) sod, and recementing of mailbox. Upon researching the issue, Administrator Vogt discovered that although the City has two easement copies, one between the City and the Dorales, and one between Fullerton Financial Corporation, the Dorales have two additional easement agreements, one between Lake Minnetonka Homes, Inc. and one between the Dorales and the Andersons. The requested repairs were not included in plans and specifi- cations for the development and are not subject to reimburse- ment from the Letter of Credit. The Dorale's will have to approach the Anderson's as the above items were mentioned in their easement. Because the City was not even aware that the above easements existed, it has been suggested that there be a clause in the development agreements that any written agreements with neighbors be included with the development agreement in order to offer better protection to Shorewood citizens. Loverien/Henney et al vs. City of Shorewood-Appeal . The Plaintiffs have appealed the decision of the trial court. We've contacted the League of Minnesota Cities relative to our insurance coverage and the possibility of their submitting an amicus brief. ' Engineer's Report Status Report-Shady Island Bridge Repair Engineer Osmundson said that Park Construction Company has sent letters to all residents that will be affected by the bridge repair telling them the construction schedule and that there will be power outages from time to time. The Police, Water Patrol, and Fire Department have also been informed of the re- pair and temporary power outages. It will take approximately one-half hour to do each pile. Work will take approximately one week. Cost Estimate for Water - Covington Road The City received a request for a cost estimate for a watermain extension on Covington Road. The total cost estimate for a twelve inch line approximately 800 feet in length is $35,000.00- $40,000. Council asked Admin~strator Vogt to inform interested parties that their cost would be around $10,000.00 and to see if they are still interested before proceeding with a cost esti- mate. e Planner's Report None. -9- . MINUTES - MONDAY, NOVEMBER 14, 1988 PAGE 10 STAFF REPORT- Continued Administrator's Report Union Negotiations Administrator Vogt informed the Council that the first meeting on union negotiations will take place November 22. New Finance Director Al Rolek, the new Finance Director, started work with the City on November 14. Comparable Worth Jim Schultz and Karen Olson will meet with Administrator Vogt to discuss comparable worth on December 1, 1988. MAYOR'S REPORT Council Vacancy . Mayor Rascop asked the newspapers if they would advertise the fact that anyone interested in the unexpired two year Council term should write a letter to the Council expressing their interest. The deadline for receipt of letters is December 1, 1988. A couple of letters have already been received. LMCD Advisory Committee - Subcommittee Addressing Shore land Management A person will be appointed from each 14 Cities to attend two or three meetings to study the Shore land Management issues. Haugen moved, Stover seconded, to appoint Planner Nielsen to the Shore land Management study committee. Motion carried - 5 ayes. Mayor Rascop will also attend the meetings. Policy on Compensatory Time for Exempt Employees/Grievance Policy - Open Door Policy Mayor Rascop stated he would like to see policies on the above set before he leaves office. He said he didn't feel they had been handled too well in the past. A meeting was set for 7:30 P.M. on Monday, November 21, 1988. COUNCIL REPORT Private Well - Amesbury Pond e Haugen said the Amesbury Association wants to drill a private well to be used for filling the pond. -1- MINUTES - MONDAY, NOVEMBER 14, 1988 PAGE 11 . COUNCIL REPORT- Continued Upgrading City Property Stover inquired about the update on City Hall parking area. Planner Nielsen has the plan on his drawing board. Funds are budgeted for construction to take place in 1989. Auditor Proposals Councilmember Stover suggested that Auditor's proposals be requested before the first of the year. Mayor-elect Haugen indicated that this is a topic of discussion with each Councilmember and RFP's will be ordered soon. Snowmobile Ordinance Council asked why the Ordinance had not been reviewed. Staff said they had only received one complaint. Councilmembers said they have received many complaints on speed, late hours, not living up to the agreement, some people don't want snowmobiles at all. They want it on the Park Commissions next agenda for review. APPROVAL OF CLAIMS AND ADJOURNMENT . Brancel moved, seconded by Gagne to adjourn the Regular Council meeting of Monday, November 14, 1988, at 11:05 P.M. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 General $ 169,785.91 Liquor $ 38,724.26 Checks # 1116-1264 Payroll Checklist: Checks # ----- $ $ Total $ 169,785.91 $ 38,724.26 RESPECTFULLY SUBMITTED, ~4!L~ Susan Niccum Deputy City Clerk e -11- ,.". e We, the undersigned residents of Muirfield Circle, Shorewood, Minnesota, request that the City Council of Shorewood authorize installation of "No Parking" signs on one side of Muirfield Circle. We request this action so that the school buses wil1 have access to this street. The signs need to be enforceable ~ionday through Friday between 8:00 a.m. and 5:00 p.m. from September 10 through June 10. These signs can be removed in June of 1990 or sooner if construction ceases on this street. 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