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121288 CC Reg Min . - . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 12, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting bf the Shorewood City Council was called to order at 7:30 P.M., Monday, December 12, 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 and Councilmembers Haugen, Stover, Gagne and Brancel. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Finance Director Rolek and Clerk Kennelly. APPROVAL OF MINUTES Brancel moved, Gagne seconded, to approve the minutes of November 11, 1988, as amended on page 6. 4 ayes (Haugen abstained due to absence). Gagne moved, Haugen seconded, to approve the minutes of November 21, 1988, as written. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Request for Consideration for Council Vacancy Susan Sano asked that her letter of interest for the Council vacancy be considered even though it was received after the deadline specified. Council denied her request and did not open the application period. PARK COMMISSION REPORT Commission member Gordy Christensen reviewed their past meetings of December 5th and 12th regarding ice time, Freeman Park, Manor Park pavillion and the snowmobile Ordinance. The Commission supports a request from the Minnetonka Hockey Association for Saturday morning ice time. They discussed what could have been a misunderstanding of the amount of work to be completed on the grading project at Freeman Park. The bid came in under budget and there -1- MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 2 . PARK COMMISSION REPORT - Continued are funds available to complete the fields for playing as they originally intended. The Engineer fees have been held from payment. They also discussed the construction of a warming house and pavillion for Manor Park. They recommended allowing Martey Jakel to operate a concession stand at Cathcart Park. . They reviewed the snowmobile Ordinance as requested by the Council. They felt the current Ordinance was very restrictive and the lack of complaints warranted no change to the Ordinance at this time and recommended unanimously that the Council retain the current Ordinance as is. Chief Young was asked about complaints filed last season. He received about 8 complaints and indicated that his department does not have the ability to patrol the snowmobile trails. The South West Trail Association has signed the trails and have offered volunteers to patrol the trails to assist the police with violators. Mr. Bill Kulberg reported on the Association volunteer help to mark and groom the trails and efforts to obtain grants for the maintenance of the trails. He has 24 volunteers to 9atrol the trail for violations of the Ordinance and will report to the D.N.R. and police. They currentl: hold a one million dollar insurance policy holding the C_ty harmless. Council discussed the enforcement of the Ordina~ce. Bill Johnson clarified that the issue is whether to prohibit snowmobiling in the City or continue allming it. Council members commented on complaints they have received and support heard in favor of continuing the use. A show of hands was asked for in favor and oppcsing snowmobiling and those who are residents of Shorewood end have used the trail system in the past year. The ma:ority were in support of the current Ordinance and City residents that use the trails. Comments were received from residents supporting and opposing the Ordinance. Gagne moved, seconded by Stover for discussion, to prohibit snowmobiling in Shorewood. The discussion revolved around the enforceability of the Ordinance. Chief Young can enforce the Ordinance but only if the violators can be caught, ordif:taey stop. Brancel would like to see the volunteer patroling given a chance. Rascop stated that the LMCD does support allowing lake access for snowmobiles. The motion to prohibit snowmobiling in Shorewood was defeated - 3 nayes, 1 aye (Stover), 1 abstain (Haugen). . -2- MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 3 4It PARK COMMISSION REPORT - Continued Stover would like to see the Ordinance reviewed by the Park Commission again, looking at the entire City and not just the use of the trail. Brancel suggested that the Ordinance could be revised this summer after a winter of volunteer patroling has been done. Brancel moved, seconded by Stover, to grant the Hockey Association ice time on Saturday mornings subject to receipt of insurance and executed agreement. Motion carried - 5 ayes, 1 nay (Gagne). Haugen moved, seconded by Stover, to authorize payment of the engineering fees on the Freeman Park grading project. Motion carried - 4 ayes, 1 nay (Brancel). Brancel moved, seconded by Haugen, to authorize concession sales at Cathcart Park. Motion carried - 5 ayes. Vogt to obtain a permit for the sales from the City of Chanhassen. . The Manor Park building proposal was returned for discussion. They questioned the need for architect signed plans. Nielsen stated that the code requires signed plans and he would require a Resolution directing him to issue a permit without those plans. The Public Works Department was asked if they could build the structure, Zdrazil felt they could. Vogt will also speak to Sussell Company again. Rascop would like R.F.P. sent out giving them a cost of $15,000 to $20,000 and ask them to return with what can be constructed at that cost. Previous bids were returned at $30,000 to $35,000, per plans then submitted. Stover moved, seconded by Gagne, to send R.F.P. for a total cost of $15,000 to $20,000. Motion carried - 5 ayes~ PLANNING COMMISSION REPORT The Planning Commission suggested a joint meeting be held January 17th at 7:30 P.M. between the Council and Planning Commission. Stover reported that the Commission reviewed Items #6-11 on the Agenda. She will report on their actions as the Council acts on these issues. . -3- MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 4 . CONSENT AGENDA S. E. Area Water Tower - Payment Voucher Engineer Norton recommended payment of Voucher #9 in the amount of $2,850.00 to CBI Na-Con, Inc. for work on Project No. 86-lD. Shady Island Brige Repair - Payment Voucher Engineer Norton recommended approval and payment of Voucher #1 of Project No. 88-3 in the amount of $18,886.00 to Park Construction Company for work completed on Shady Island Bridge repairs. LETTER OF CREDIT REDUCTION - HARDING ACRES 2ND ADDITION RESOLUTION Ne. 153-88 A letter of request to reduce Harding Acres 2nd Addition Letter of Credit to $17,000. Staff recommended the reduction and supports the request by Resolution. SWEETWATER AT NEAR MOUNTAIN 3RD ADDITION - STREET LIGHT PETITION . A request for the installation of 7 street lights for Sweetwater 3rd Addition, was received from Mike Pflaum of Lundgren Bros. Construction. GRIEVANCE POLICY REVISIONS A revised Grievance Policy - Section 17 was submitted to replace that section in the Employee Policy Manual. MUNITECH CONTRACT RENEWAL RESOLUTION NO.154-88 Staff recommends acceptance of a two year contract renewal with Munitech for water and sewer maintenance at $4,917.00 (per month), a 17.8% increase over the current rate. PERMANENT APPOINTMENT - SECRETARY/RECEPTIONIST Administrator Vogt recommended permanent appointment of Anne Latter as the Secretary/Receptionist. She has completed her six month probationary period. . -4- ~ ~ ~ MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 5 HOME ENERGY CHECK-UP PROGRAM - MINNEGASCO AGREEMENT RESOLUTION NO. 155-88 Attorney Froberg has reviewed the "Project Air" Agreement proposed by West Hennepin Human Services. He has recommended approval of the agreement subject to his amendments on his December 7th report. SIGN PERMIT - AMERICAN LEGION POST A request has been received at 24450 Smithtown Road for east side of the building. total signage complies with from the American Legion Post a 4 x 6 sign to be placed on the Staff recommends approval as the the Ordinance. SOUTH FORTY ADDITION - EXTENSION OF FINAL PLAT A request has been made by Wayne Pokorny for an extension to submit his final plat of South Forty Addition for 60 days. He has been informed of a delay in obtaining his final grading and utility plans. RECOGNIZING COUNCIL POSITION VACANCY RESOLUTION NO. 156-88 A resolution was submitted recognizing the Council vacancy created by the acceptance by Jan Haugen to the Mayor position effective January 3, 1989. 1989 EXCELSIOR FIRE CONTRACT A contract was submitted and recommend for acceptance with the City of Excelsior for the 1989 Fire Protection Agreement in the amount of $66,955.00 as previously approved in the Budget. Haugen moved, seconded by Gagne, to approve the items and Resolutions listed on the Consent Agenda. Motion carried - 5 ayes by Roll Call Vote. VINE HILL ROAD AND HANUS ROAD - STOP SIGN REQUEST Residents along Vine Hill Road were present to continue discussing speed control along Vine Hill Road. Chief Young has given out speeding tickets with the added patrolling. Residents feel the control is only effective when the police cars are there. Council directed relocation and addition of two speed limit signs for added control. The residents asked to return after three months to review the traffic control. -5- . . . MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 6 KUEMPEL CHIME AND CLOCK WORKS RESOLUTION NO. 157-88 21195 MINNETONKA BLVD. CONDITIONAL USE PERMIT Rezoninq to Residential/Commerical ORDINANCE NO. 212 Planner Nielsen reported on a request for rezoning to R-C and C.U.P. to operate Kuempel Chime and Clock Works at 21195 Minnetonka Blvd. This request was received in 1978 but was not completed according to Ordinance at that time. Nielsen recommended approving the requests to include a landscaping plan and lot combination as stated in his report of December 1, 1988. Haugen moved, seconded by Gagne, to approve a Resolution granting a C.U.P. subject to the Planner's recommendations of December 1, 1988. Motion carried - 5 ayes by Roll Call Vote. Gagne moved, seconded by Brancel, to approve an Ordinance amendment rezoning the property from R-2 to R-C. The Ordinance's first reading accepted and adoption of the amendment was made by Roll Call Vote - 5 ayes. SETBACK VARIANCE - COUNTRY KITCHEN RESOLUTION NO. 158-88 VARIANCE TO EXPAND A NONCONFORMING STRUCTURE Mr. Charles Novak was present representing Ursa Major, Inc. in a request for variances to allow expansion to the Country Kitchen at 22920 State Highway 7. Nielsen has recommended that the addition stay within a 10' setback as required by Excelsior zoning due to the fact that this property is surrounded by Excelsior on three sides. This would also eliminate the need for a parking lot variance. Mr. Novak pointed out that the reduction in his request would eliminate 6to 8 seats. Stover stated that the Planning Commission recommended approval of the variance in accordance with Nielsen's Planner's Report of December 1, 1988 - 6 ayes, I nay. Stover moved, seconded by Haugen, approved the variance in accordance with the Planner's Report and due to the property being surrounded by the City of Excelsior. Motion carried - 5 ayes by Roll Call Vote. SIMPLE SUBDIVISION - 4925 RUSTIC WAY RESOLUTION NO. 159-88 Jack Duda and Allen McKinney were present to request a simple subdivision of Mr. McKinney's property into two parcels meeting the R-ID requirements. Stover stated that the Planning Commission recommended approval. -6- MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 7 . SIMPLE SUBDIVISION - 4925 RUSTIC WAY - Continued Stover moved, seconded by Haugen, to approve the simple subdivision subject to the planner's report of December 2, 1988. Motion carried - 5 ayes by Roll Call Vote. CEDAR HEIGHTS - PRELIMINARY PLAT RESOLUTION NO. 160-88 Mr. Kelly Bosworth has requested a preliminary plat subdivision of three lots ~n a land locked parcel, west of Woodhaven Second Addition. Previous approval of access onto Koehnen Circle in Chanhassen was obtained with a earlier request. Nielsen stated that water service is available if wanted from Chanhassen or Shorewood. Stover moved, seconded by Gagne, to approve subject to the Planner's recommendation and a title opinion at the final plat. Motion carried - 5 ayes by Roll Call Vote. SETBACK VARIANCE DISCUSS - CHESTER YANIK . Chester Yanik of 4245 Enchanted Lane was present to obtain a setback variance to remodel and enlarge his deck and add a gazebo. He submitted additional information to the Council after the Planning Commission meeting that he felt would clarify and add to the Planner's information. He referred to the original division creating the three lot subdivision in 1976 that granted variances for building permits. Mr. Yanik felt his existing deck needed replacement and submitted his plans sketched from a survey he later found was incorrect. His builder felt that the deck and gazebo were within the allowable 35' setback variance area and proceeded in that manner. Stover stated that the Planning Commission felt the 50' lakeshore setback is important to maintain. The Council has previously granted a 35' setback. The gazebo is not within the setback area and cannot be considered the same as a ground level deck, it is on the second story level. Nielsen stated that the deck plan submitted did include support for the gazebo but the gazebo was not approved to be built. The portion of the building fee for the gazebo will be refunded. Mr. Yanik felt the City created a nonconforming lot when the subdivision was approved and a deck is necessary for lake lots. . Stover suggested that the issue be returned to the Planning Commission along with the new information submitted by Mr. Yanik. -7- MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 8 ~ SETBACK VARIANCE DISCUSS - CHESTER YANIK - Continued Mr. Dale Pixler stated that in 1976 there was a "reparceling" done of six lots into three larger lots rather than having six very small lots exist. Council approved the needed variances rather than have the six small lots remain. Gagne moved, seconded by Stover, to return the request to the Planner and Planning Commission for review of the new information. Motion carried - 5 ayes. Rascop suggested that new notices be sent to surrounding properties even though a new public hearing is not needed. SIMPLE SUBDIVISION - 6065/6067 LAKE LINDEN DRIVE RESOLUTION NO. 161-88 A representative for Construction Mortage Investors was present to finalize a request previously approved and not recorded, to divide a two family residence at 6065/6067 Lake Linden Drive. Stover stated the Planning Commission approved the request subject to removal or relocation of a shed presently located in the front yard. ~ Haugen moved, seconded by Brancel, to approve the subdivision to Planner's recommendation of November 25, 1988. Motion carried - 5 ayes by Roll Call v.ote. DAIRY QUEEN BUILDING PLAN APPROVAL Mark Senn was present to obtain building plan approval for the Dairy Queen proposed for 24365 Smithtown Road. The wrap around portion of the solarium shown in the picture provided will not exist. Nielsen stated that the plan approval does not approve the building permit. Council reviewed the site plan and questioned traffic flow. Gagne moved, seconded by Haugen, to approve the preliminary building plans for the Dairy Queen. Motion carried - 5 ayes. Vogt referred to the request from Mr. Senn for the City to purchase the new water line they relocated for the City on the east side of their property at a cost of $32,598. Cost figures have been submitted to Engineer Norton for clarification and legal description of the easements to be prepared. Rascop recommended tableing action until the next meeting, seconded by Gagne. Motion carried - 5 ayes. ~ -8- 4It 4It 4It MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 9 AMENDMENT TO DEVELOPMENT AGREEMENT - RESOLUTION NO. 162-88 Mr. Senn reviewed the underground pollution piping system to treat the contaminated soil behind the site. He exlained the need for a 2'x 8'temporary structure to house a fan and filter at the exhaust pipe for the system. He is suggesting that it be located at base of the billboard sign on the east property line. Gagne questioned conditions of the relocation of the billboard sign. Senn has an agreement wuth Naegele Sign stating conditions that must be met in the relocation. Gagne moved, seconded by Haugen, to approve the temporary 2' x 8' structure to be located beneath the billboard only for the time needed for filtering the soil. Motion carried - 5 ayes. Haugen moved, seconded by Gagne, to amend the development agreement to allow the structure in its proposed location for one year, to be renewed if needed after the expiration. Motion carried - 5 ayes by Roll Call Vote. Gagne asked for written information from the P.C.A. regarding conditions for stock piling the balance of the contaminated soil on the site. Mr. Senn has not received the information but he will copy the City when it is received. Vogt will make a direct request to the P.C.A. on behalf of the City. STAFF REPORT Attorney's Report Lease Agreement - SLMPSD Building Froberg had concerns regarding fire and casualty damage insurance reimbursement. He recommended a change in the percentage to 80%. Gagne moved, seconded by Brancel, to return the amended agreement back to Excelsior. Motion carried - 5 ayes. Executive Session Requested Froberg would like an Executive Session to follow the regular meeting adjournment to discuss pending litigation. Engineer's Report Shady Island Bridge Status Hennepin County has requested additional shims be added to the east side of the bridge. They will re-rate the weight limitation after the work is completed. He recommended this be done at an estimated cost of $200. -9- . . . MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 10 STAFF REPORT - Continued Engineer's Report - Continued Rascop moved, seconded by Haugen, to approve the added work to the bridge improvement to be paid for with the final payment. Motion carried - 5 ayes. Brentridge/Howard's Point Road Reimbursement The Engineer recommended to Dave Johnson the Developer of Brentridge, to replace portions of Howard's Point Road with a specific cross section similar to that done on Smithtown Road. He is now recommending that the City reimburse Mr. Johnson for the material he supplied to improve the road at a total of $6,349.40. Rascop moved, seconded by Haugen, to approve the payment of $6,349.40 to Dave Johnson funded from the Streets and Roadways Replacement Fund. Motion carried - 5 ayes. Planner's Report Building Inspector Position Status Nielsen will be holding interviews this Thursday and Friday and will recommend applicant for Council approval at the next Council meeting. Ordinance violations will be able to be handled in a more timely manner. Administrative Reports Sewer and Water Budget - 1989 RESOLUTION NO. 163-88 Council reviewed the proposed budgets for sewer and water for 1989. Rascop recommended adding the additional revenues in the sewer fund to televising and repairs of the sewer lines. Haugen recommends- it be put toward lift stations repairs rather than a reduction in rates at this time. Rascop moved, seconded by Gagene, to allocate the $20,000 in additional revenues to the lift station repairs and replacement fund. Motion carried - 5 ayes. Rascop moved, seconded by Haugen, to approve the 1989 Sewer and Water Budget as amended. Budget Report dated December 6, 1988. Motion carried - 5 ayes by Roll Call Vote. -10- . . . MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 11 AUDITOR PROPOSALS Auditor proposal requests have been sent out with a deadline of December 30, 1988 to be returned. CABLE TELECASTS Cable television is proposing to begin televising the Council meetings in January. It has been recommended to hire Harold Dircks to direct and handle the cable equipment. The Administrator for the Cable Commission has suggested a $50.00 fee to be paid to Dircks for each taping. Vogt stated only $500.00 was budgeted for that purpose. Gagne moved, seconded by Brancel, to offer the lead director $50.00 per meeting. Motion carried - 5 ayes. UNION NEGOTIATION/COMP WORTH MEETING SET Council interviews, Union negotiations and Comparable Worth will be discussed at a special meeting on December 19, 1988 at 7:30 P.M. OFFICE CLEANING PROPOSAL The current cleaning service has requested an increase to $10.00 an hour. Council directed Vogt to inquire on cost of other services. COUNCIL REPORTS Mayor's Report LMCD Nielsen met with a sub committee for shoreline protection. They are trying to develop an Ordinance that could fit all 14 lake cities and the DNR can agree upon. A consultant has been hired to do a Comp Plan for zoning of the entire lake. A fishery meeting will be held this Thursday. Excelsior would like the LMCD to refuse an expansion request for the St. Albans Bay Marina. They want to expand into leased land up to the bridge. -11- . . . MINUTES - MONDAY, DECEMBER 12, 1988 PAGE 12 COUNCIL REPORTS Haugen stated that the State Budget Committee is discussing the elimination of State road aid. Stover stated that the Auditor would like to see an employee policy set for the liquor store employees. Gagne and Stover will work on a policy and have it reviewed by the Attorney before submitting to the Council. APPROVAL OF CLAIMS AND ADJOURNMENT AND EXECUTIVE SESSION Rascop moved, seconded by Brancel, to adjourn the regular meeting of December 12, 1988 at 11:28 P.M. subject to approval of claims for payment and executive session on litigation. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 Checks # General $ 238,477.08 Liquor $ 94,582.23 1330-1503 Payroll Checklist: Checks # 202605-202677 $ $ 22,415.80 9 , 7 51 . 0 ~ _____ TOTAL $ 260,892.88 $ 104,333.32 RESPECTFULLY SUBMITTED, ~J{s~~ Sandra L. Kennelly City Clerk -12-