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112888 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, NOVEMBER 28, 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 28, 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, Stover and Gagne. Absent- Haugen. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Finance Director Rolek, Clerk Kennelly. APPROVAL OF MINUTES Brancel moved, Gagne seconded, to approve the minutes of November 14, 1988, as written. PARK COMMISSION REPORT Park Commissioner Gordy Christensen reported on the last Park Commis- sion meeting issues discussed were signage at the entrance to Freeman Park, review of the current snowmobile Ordinance, and the 1989 appointment of Chair and Vice Chair for the Park Commission. Gordy Christensen moved that the Park Commission not approve payment to Engineer Norton for the grading project at Freeman Park. A joint meeting of the Council and Park Commission was suggested. The Council set the meeting date for December 5th and Gagne would like the staff and the contractor present. The Commission recommended increasing the rink attendants salaries. Administrator Vogt stated that $4,500.00 was budgeted for salaries based on the past four years average hours of operation. If maximum hours of operation occurred, the salaries could go over budget as high as $3,800. This overage could be covered from a different area of the park budget. Brancel moved, seconded by Gagne to increase rink attendant salaries from $4.50, $4.75 and $5.00 to $5.00, $5.25 and $5.50. Motion carried - 4 ayes -1- MINUTES - MONDAY, NOVEMBER 28, 1988 PAGE 2 . PARK COMMISSION REPORT - Continue The Commission asked the Council to consider concession sales at Cathcart Park. Attorney Froberg said the Ordinance does provide for concession sales by permit. Administrator Vogt will check regulations with the City of Chanhassen. It was recommended that the payment voucher for Freeman Park grading project be paid to the contractor but that the Engineer's fee be held until the work is completed to their satisfaction. CONSENT AGENDA Amend Agenda Gagne moved, seconded by Stover to remove Item A - Freeman Park Payment Voucher from the agenda. Motion carried - 4 ayes. Authorize Administrator and Finance Director to Make Transactions With Midwest Federal Resolution No.149-88 . Gagne moved, seconded by Stover to approve the authorization for Administrator/Treasurer Vogt and Finance Director Rolek to make transactions with Midwest Federal. Motion carried - 4 ayes by Roll Call Vote. Freeman Park Payment Voucher Council asked what leverage the City has to have work that has already been paid for corrected. Attorney Froberg stated that a Performance Bond is in effect for one year after the comple- tion date. Engineer Norton reminded the Council that there was two contractors involved in the park project and explained the improvements each contractor was to do. He recommended pay- ing T & S Excavating because they have completed the work covered by the payment voucher. Gagne moved, seconded by Stover to authorize the payment voucher to T & S Excavating for their work completed. Motion carried - 4 ayes. PUBLIC HEARING Concept and Development Stage Approval for C.U.P./P.U.D. Residential Estates Resolution No.150-88 Mayor Rascop opened the public hearing at 8:00 P.M., to hear a re- quest from Tom Kordonowy of 6100 Apple Road to obtain concept and development stage approval to build a 1929 square foot barn. The barn and studio would replace one that has been removed. . -2- ~ ~ ~ MINUTES - MONDAY, NOVEMBER 28, 1988 PAGE 3 PUBLIC HEARING Concept and Development Staqe Approval for C.U.P./P.U.D. Residential Estates- Continue Resolution No.lSO-88 After asking for public comment and receiving none, Mayor Rascop closed the public hearing at 8:0S P.M. Stover stated that the Planning Commission approved the request sub- ject to the Planners recommendations in his report of October 27, 1988. Stover moved, seconded by Brancel to grant concept and development stage approval for a C.U.P./P.U.D.-residential estate to Tom Kordonowy at 6100 Apple Road. Motion carried- 4 ayes by Roll Call Vote. REQUEST FOR STOP SIGN- VINE HILL ROAD/HANUS ROAD A petition was received to install a stop sign on Vine Hill Road at Hanus Road in an effort to reduce speeding traffic along Vine Hill Road. Administrator Vogt has discussed the petition with staff and Minnetonka staff and neither can recommend controlling speed with stop signs. The best method would be added police enforcement. Planner Nielsen referred to a proposed new intersection at Old Market Road that would take traffic flow from Vine Hill Road when complc~cd in two or more years. Residents Brad Wagner of S630 Vine Hill Road and Brad Helegeson of S640 Vine Hill Road spoke on the high speeds and unsafe conditions along that road. Mr. Helegeson has seen concentrated patroling done, but traffic continues to speed as soon as the police leave. The City of Minnetonka is not considering this request at their meeting. Gagne moved, seconded by Brancel to request concentrated patroling by Minnetonka and Shorewood. Motion carried - 4 ayes. HENDRICKSON ACRES-FINAL PLAT RESOLUTION NO.ISl-88 Stover stated that the Planning Commission recommended approval of the Henderickson final plat subject to the five conditions listed in the Planners report of November 21, 1988. Planner Nielsen also re- quested surveyors proof of 40,000 square feet requirement per lot. Stover moved, seconded by Gagne to approve the final plat subject to the Planners recommendations. Motion carried - 4 ayes by Roll Call Vote. -3- MINUTES- MONDAY, NOVEMBER 28, 1988 PAGE 4 . COMMERCIAL OCCUPANCY PERMIT - VINE HILL FURNITURE BUILDING Planner Nielsen recommended approval of commercial occupancy permit to be granted to Ms. Janet Poulson at 19385 State Highway 7. This permit doesn't include any approval for signage. Ms. Poulson will have to submit a signage plan for approval. Stover would like to tie the Certificate of Occupancy with the signage. Attorney Froberg could not recommend approval of that condition. Stover moved, seconded by Gagne to support the City code and not allow signage on the roof or the use of the existing roof board for any signage. Mr. Niemela felt the roof sign should be "grandfathered" in. Staff stated that "grandfathering" only exists for six montI.,s after the Ordinance was. passed fior prohibited signs. Motion and second withdrawn. Council asked if up grading to meet existing codes would be required. Planner Nielsen stated that the use has not changed so addition re- quirements to meet Ordinance Code can't be requested. The building will be inspected to meet certain safety codes. Gagne moved, seconded by Brancel to issue the Commerical Occupancy Permit subject to Stover amendment to include the complete removal of wording on the roof board as recommended by the Planners report of November 22, 1988. Motion carried - 3 ayes- 1 nay (Rascop-due to lack of parking) . BUDGET AMENDMENT-BUILDING INSPECTION - SOFTWARE A budget amendment is recommended for 1988, to purchase software for permit issuance and tracking system. This was proposed in the 1989 with a hardware purchase that will now come from the finance depart- ment. The amendment is for $5,500.00 which will easily be covered by excess revenues in that department. Stover moved, seconded by Gagne to approve the $5,500.00 budget amend- ment to be covered by excess revenues from building permit fees. Motion carried - 4 ayes. FINANCE DIRECTOR- INTRODUCTION- ALAN ROLEK Mr. Rolek began working on November 14, 1988. He is currently work- ing on the sewer and water budget that will be submitted at the December 12th Council meeting. He is looking at software packages and familiarizing himself for payroll backup.He found the department in good condition and up-to-date. Council complimented Jean Sorensen for her efforts and other staff. Mrs. Vogel asked if the City lost money on the sale of the house next door to City Hall. Council said money was lost but due to financing methods it will help to recuperate some losses. . -4- MINUTES - MONDAY, NOVEMBER 28, 1988 PAGE 5 ATTORNEYS REPORT . Trapping Regulation Discussion Attorney Froberg submitted a draft amendment to the Ordinance that would allow the Council to issue permit for the trapping of muskrats and beavers under specific conditions. The permit would require the trappers name and DNR license, location of traps, approval from property owners, time limitations and type of animal to be trapped. Stover feels the amendment is not restrictive enough. Gagne and Brancel would like action tabled for a full Council discussion. Mrs. Voegl asked for an explanation of the problem being caused by the beavers in the Water ford area. The drainage to the ponding area has been blocked and new 100 trees have been cut down thus far. She is opposed to trapping and feels it is in- humane. . Rich Kraemer of International Ecology Society did a demonstration of the leg hold trap and submitted the Orono Ordinance for review, and explained other types of traps available. Jane Kline submitted information on live traps and supported their use over the leg hold trap. David Dean has had experience with live traps and relocations and feels it can be a workable solution, as long as they are not able to return to the problem site. They dis- cussed planting trees that the beavers will not eat or wrap existing trees. Council tabled further discussion until January 9th, 1989 Council meeting. Calls have been received opposing the Ordinance amendment. ENGINEERS REPORT City Hall Parking Lot Lighting Engineer Norton suggested a street light on Country Club Road could help light the parking lot. Nielsen has an over-all plan that could incorporate the parking lot lights. Council would like the residents of Echo Road notified of any light plans. Gagne suggested that a spot light be installed in the City Hall to light the side walk area. Shady Island Bridge The bridge work has been completed. The County has been notified to inspect for reclassifications of weight restriction limits. The weight limit signs will be changed after it has been rated. PLANNERS REPORT Marcus Development - Contaminated Soil . A 5 X 8 shed is necessary to contain the equipment for the filtration of underground contaminated soil. The purpose to incorptlrate the shed within the base of the bill board. This location does not meet setback requirements. Engineer Norton -5- MINUTES - MONDAY, NOVEMBER 28, 1988 PAGE 6 ~ PLANNERS REPORT Marcus Development - Contaminated Soil - Continue has spoken to their Engineer and has found out that the shed can be located away from the exhaust piping. Marcus Develop- ment will return with a relocation for the shed. Joan Mo~er, from the P.C.A., has reviewed the site and made recommendations on stock piling, alternate site and spreading the soil above ground. Gagne would like a report on the methods used in writing. Crepeau Dock/Garden Patch C.U.P. Resolution No.152-88 The Planning Commission recommended that the Council pass a resolution setting a time limit of June 1, 1989 for Crepeau Dock/Garden Patch to complete the condition required in their C.U.P. Council, staff, Tom Lingo and Charles Crepeau discussed the conditions for completion, specifically the parking lot and curbing. ~ Gagne moved, seconded by Stover to require parking lot completion of all other item per list submitted, by May 1, 1989. If after the list has been submitted, and Crepeau does not feel he can complete by May 1, a meeting will be held in January for dis- cussion. Motion carried by Roll Call Vote - 4 ayes. ADMINISTRATIVE REPORT Set Union Negotiations Strategy Session Gagne moved, seconded by Brancel to set a union negiotation meet- ing for December 19, 1988 at 7:30 p.m., other items could be addressed by agenda. Motion carried - 4 ayes. Lease Agreement - SLMPSD Building-Discussion Attorney Froberg will be meeting on Tuesday, November 29th, with Tonka Bay's attorney to discuss the proposed agreement. Council felt there was a need to a readjustment in the lease according to the contract formula provided. Attorney Froberg will report back to the Council after the meeting with Tonka Bay's attorney. Sewer and Water Budget The sewer and water budget is being prepared for the December 12 council meeting, part of this budget will contain the new Munitech contract rate. MAYORS REPORT LMCD ~ A meeting will be held to discuss shore land development controls. Planner Nielsen will attend that meeting for Shorewood. The next meeting will be regarding fisheries. Council should notify interested individuals. -6- . . . MINUTES - MONDAY, NOVEMBER 28, 1988 PAGE 7 COUNCIL REPORTS Gagne will be submitting an amended dog control ordinance in January. Gagne questioned the results of the I & I study with Metro Waste Control. Administrator Vogt stated that a Comprehensive Plan amendment is now required with all new proposed development identified in order to increase system connections. APPROVAL OF CLAIMS AND ADJOURNMENT Stover moved, seconded by Brancel to adjourn the Regular Council meeting of Monday, November 28, 1988, at 9:40 P.M. subject to approval of claims for payment. Motion carried unanimously - 4 ayes. GENERAL & LIQUOR FUNDS - ACCT. NO. 00-00166-02 Checks # 1265-1329 General $ 109,487.91 Payroll checklist: Checks # 202543-202604 $ 13,685.48 Total $ 123,173.39 Liquor $ 27,919.19 $ 3,020.23 $ 30,939.42 ~~~~. J.tober R sc<6p, Mayo RESPECTFULLY SUBMITTED, Sandra Kennelly City Clerk -7-