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021389 CC Reg MinCITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 13, 1989 CALL OR ORDER MINUTES COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, February 13, 1989, in the Council Chambers by Mayor Haugen. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance and a prayer. Ifffil rrrar -Arad Present: Mayor Haugen and Councilmembers Brancel, Watten,. and Gagne. Staff: Attorney Froberg, Engineer Osmundson, Planner Nielsen, and Clerk Kennelly. APPROVAL OF MINUTES • Gagne moved, Brancel seconded to approve the minutes of the Regular Council meeting of January 23, 1989, as amended. PARK COMMISSION MEETING Gagne reported that the Park Commission was investigating the possibility of using 8X32 portable buildings in the parks. There will be no meetings in February. CONSENT AGENDA Cigarette Licenses Add to Resolution No.9 -89 Council approved the 1989 renewal of Cigarette Licenses for Howards Point Marina and Arnolds Hamburger. Board of Review - April 19, 1989 The Local Board of Review will review the 1989 valuation on Thursday, April 19, 1989. Resianation of Financial Advisory Board Member - David Lawrence Mr. Lawrence submitted a letter of resignation to the Council for acceptance. He has recently moved out of Shorewood. 0 Burger King - Sign Permit The sign permit was removed from the Consent Agenda by the -1- MINUTES - MONDAY, FEBRUARY 13, 1989 PAGE 2 • CONSENT AGENDA Burger King — Sign Permit- Continue applicant. Gagne moved, seconded by Brancel to approve the items listed on the Consent Agenda. Motion carried - 4 ayes. SUPER CYCLE DISCUSSION - PAUL TOLLEFSON Mayor Haugen stated that a Super Cycle representative was asked to attend a meeting to discuss problems at the Shorewood Shopping Center drop -off site. Mr. Tollefson is the new Director of Collections. Council asked about the clean -up of the site. He will instruct the drivers to pick up everything even outside of containers. Clerk Kennelly re- ferred to a letter from Super Cycle agreeing to clean up the site completely and to call Public Works or deliver any non recyclables to the City Hall dumpster. Mr. Tollefson stated that they would post signs listing the items to be recycled. He will work with the City to set up guidelines that will be followed. Additional trucks have been ordered for improved service. Mr. Rascop wanted to make sure that the tonage collected on the islands were credited to • Shorewood and not Minnetrista. SETBACK VARIANCE - TABLED- 5351 SHADY HILLS CIRCLE Mr. Cliff Anderson was represented by Phil Marsten in his request for a front yard setback variance to build a house and garage at 5351 Shady Hills Circle. Mr. Marsten felt that his hardship has been proven due to the severe topography. This lot was platted and zoned for a single family dwelling. He felt his design was in keep- ing with the character of the neighbors and he would be able to maintain the greater portion of the trees. The garage would require a 15' variance from the road right -of -way, placing the garage between 38' and 40' from the paved surface. His builder stated his concerns for meeting the sewer evaluation and need for pumps if the variance is not granted. Watten and Brancel felt a house could be better designed to suit the lots topography. Mayor Haugen had concerns that the Council may set precedence for three other undeveloped lots in the neighborhood if this variance is granted. Mr. Cliff Anderson assured the Council that variance would not be requested on his three other lots. Mr. Marsten felt the two story design was needed to allow for reasonable living space with the smallest foot print. The moving of the garage to the end of the house would require a great deal of fill and added removal of trees. 0 Mr. Jim Robertson was not opposed to the building but was opposed to the granting of the variance, because no other houses were within 18 to 20' of their property line. Pat Malsten stated that the existing -2- MINUTES - MONDAY, FEBRUARY 13, 1989 PAGE 3 • SETBACK VARIANCE- TABLED -5351 SHADY HILLS CIRCLE - continue homes were built in the middle of the lots and he was opposed to a 10' side yard and the front yard set back. Scott Sandell is opposed to the set back variance and'he feels the plans are not set specifics and should be designed for the steep slope. Mr. Marsten would like to meet with the Planner to come up with a plan to minimize the impact and table action on his request at this time. Gagne moved, seconded by Brancel to table action on his request at this time. Motion carried - 4 ayes. Council would like the neighbors to be notified of the new request. PRELIMINARY PLAT - ANN STOVER RESOLUTION NO.14 -89 Richard Conry was present representing Ann Stover in her request for preliminary plat approval of a three lot subdivision at 25270 Smith - town Road. Watten moved, seconded by Brancel to approve the preliminary plat subject to the Planners recommendations of February 3, 1989. Motion carried - 4 ayes. • OLD MARKET ROAD /STATE HIGHWAY 7 INTERSECTION PLANS The staff reviewed the intersection plans submitted by the developers of the Waterford 3rd Phase. The conceptual plan does meet with the corridor study except for the long range plan for a bridge over Highway 7 from Covington Road to St. Albans Bay Road. Engineer Osmundson will meet with the developers engineers to discuss problems with access and design prior to returning to the Council. Watten was opposed to an additional stop light along Highway 7. Gagne moved, seconded by Brancel to direct the staff to make the necessary changes as recommended by the engineer on the plans with the developers engineers and then forward the plans to MnDOT. Motion carried - 4 ayes. DISCUSSION OF USE OF PRIVATE PROPERTY AS LAKE ACCESS- HOWARDS POINT ROAD Ms. Maude Wadsworth of 5460 Howards Point Road was present to inform the Council of a lake access being created over private property. She located the lot on a plat for the Council and explained that it was created as a walking lake access for a near by subdivision. This lot was not to be used as an access for vehicles. She lives next to the site and has seen cars, trucks, trailers and snowmobiles con- tinually use this lot as an access. The owner Mr. Neil Spaulding 0 cleared the lot for use but was unable to obtain a variance to add improvements on the lot. He put cables and flags across the lot but they were cut. Mr. Spaulding would like to install a fence across the lot with a gate for those that have easements granted. Planner -3- MINUTES - MONDAY, FEBRUARY 13, 1989 PAGE 4 DISCUSSION OF USE OF PRIVATE PROPERTY AS LAKE ACCESS- HOWARDS POINT ROAD - Continue Nielsen stated that a variance will be needed to construct the fence. Mr. Spaulding has agreed to obtain a needed variance. EURASIAN WATER MILFOIL FUNDING REQUEST Robert Rascop was present to report on the LMCD's activities. A public hearing_ was held to hear concerns regarding low water levels and the changing of dredging regulations. They will act on each request individually. Mr. Rascop updated the funding, sources that has been received to date. They have $65,000.00 with pledgesbeing pursued from businesses and Cities. Council expressed concerns of protecting Christmas Lake from the milfoil weed. They discussed asking the DNR to close the public accessuntil a control or treatment of the milfoil is found. Mayor Haugen directed the staff to request the DNR to close the lake access on Christmas Lake. Council discussed the funding for the control of the milfoil. Mr. Rascop asked for funds equalling the LMCD dues $8,913. Watten moved, seconded by Gagne to authorize funds of $5,000.00 to be followed by the balance of $3,913. The $5,000.00 will be submitted on March 1 and $3,913.00 on May 1. Motion carried - 4 ayes. Mr. Rascop thanked the Council for their support. He said a proto- type machine is being investigated that will pull the weeds out by the roots. There currently are no dredging permits being considered in Shorewood at this time. Mr. Rascop's neighbor may request a permit for dredg- ing that will include digging a larger hole in the lake and filling it with rocks. A pipe will run from the rock bed to a dry hydrant on land that a fire truck hooks up to for fighting fires. This could improve the fire protection on the island and reduce insurance rates. ATTORNEY'S REPORT Police Building Agreement - Financial Analysis Attorney Froberg reviewed the financial effects to each of the Cities in the joint power if the City of Greenwood would prepay their principle payment. He recommended wording to be entered in the Agreement that would not adversely affect the Cities that did not prepay their principle. Gagne moved, seconded by Brancel to approve the language in his provision (report dated February 9, 1989) to be added to the con- tract. Motion carried - 4 ayes. -4- MINUTES - MONDAY, FEBRUARY 13, 1989 PAGE 5 • ATTORNEY'S REPORT Open Meeting Law Update Attorney Froberg submitted a letter dated February 9, 1989 ex- plaining the "Open Meeting Law" and how it was affected by a recent Court action. The Data Privacy Act and Open Meeting Law were both considered in the Court findings. Watten questioned what was covered by the Data Privacy Act. Attorney Froberg referred him to obtain a copy of the .Act filed at City Hall. Christesen Lawsuit Attorney Froberg stated that documents have been requested and supplied and discovery is proceeding. Council Break: 9:30P.M. to 9 :35 P.M. STIULATION GRANTING EASEMENT -SAXON RESOLUTION NO. -89 STIPULATION GRANTING EASEMENT- RESOLUTION NO..16 -89 SEIFERT AND JOHNSON Torrens proceedings are being completed on two parcels of land which • contain easements granted to the City. Stipulations have been drawn to insurance the continuance of those easements for the City. Gagne moved, seconded by Brancel to move approval of the stipulation for easement on the David H. and Teri L. Saxon property. Motion carried - 4 ayes. Brancel moved, seconded by Watten to move approval of the stipulation for easement on Arthur L. Johnson, Thomas M. Seifert and N. Susan Seifert property. Motion carried - 4 ayes. PLANNER's REPORT Interviews for Planning Commission Vacancy Planner Nielsen has received two applications for the Planning Commission vacancy to date. Council directed interviews to be set at 7:00 P.M. and 7:15 P.M., Tuesday, February 21, 1989 in front of the Council. Signage Request - Shorewood Oaks Drive Planner Nielsen received a petition for signage for Shorewood Oaks Drive in an effort to slow traffic through the project. He in- formed them that "slow children" would not be recommended. Staff will request added patrolling and report back on further recommenda- tions. -5- Minutes - Monday, February 13, 1989 PAGE 1 PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. nr',rr n - AT r Present: Mayor Haugen and Councilmembers Brancel, Watten and Gagne. Stover Absent. MINUTES - MONDAY, FEBRUARY 13, 1989 PAGE 6 • FINANCE DIRECTOR'S REPORT Financial Resource Analysis Finance Director Rolek prepared a report on source of financial funding for added animal patrolling, goose round -up and the control of Eurasian milfoil. Gagne and Brancel would like the Dog Ordinance discussion to take place prior to adding additional hours of patrolling. Retain Sathe and Associate for Administrator Search Mayor Haugen was able to negotiate with Mr. Brimeyer of Sathe and Associate to enter into a contract for the search to fill the adminisrative position for $5,000. Brancel would have liked to have seen added compensation for the resumes already received by the City. This had been previously discussed and was not included in the contract. Watten moved, seconded by Gagne to enter into a contract with Jim Brimeyer of Sathe and Associate for the administrative search. Motion carried - 4 ayes. ADMINISTRATIVE REPORTS Appointment to the Energy Committee Clerk Kennelly informed the Council of the need for two representa- tives of the City to be appointed to an Energy Committee through the West Hennepin Human Services Board. She recommended Tad Shaw for one vacancy and asked the Council's help in appointing one additional member. Gagne moved, seconded by Brancel to appoint Tad Shaw to the Energy Committee. Motion carried - 4 ayes. Information on CC Ludwig Award Nominations Clerk Kennelly submitted forms for the purpose of nominating persons for the CC Ludwig Award. Mayor Haugen explained that the award was given each year to a person who has been outstanding in contributions to the welfare of civic benefits. 1988 Police Reports Council would like the 1988 Police report copied for their review. COUNCIL REPORTS Mayors Report City Wide Garbage Collection Discussion Mayor Haugen would like the issue of City wide garbage collection returned to the Council for further investigation. Her concern • is to protect the City streets and supply a service at a lower cost to the residents. Brancel would like public input in this matter. CCU MINUTES - MONDAY, FEBRUARY 13, 1989 PAGE 7 COUNCIL REPORTS Mayors Report - Continue Watten moved, seconded by Gagne to direct staff to obtain various methods to operate garbage removal and recycling and return the information to a public hearing. Hearing to be set for May 8, 1989. Motion carried - 4 ayes. Volunteers of America Week Resolution No. 17 -89 A Resolution was submitted for approval recognizing the week of March 5 -12 as Volunteers of America Week. This is to support those people making valuable contributions to the people of Minnesota. Brancel moved, seconded by Gagne to proclaim the week of March 5 -12 as Volunteers of America Week. Motion carried - 4 ayes. Recognition of Safety Award Gagne congratulated Don Zdrazil and the Public Works Department for receiving a safety award from E.B.A. COUNCIL REPORTS Dog Ordinance Review • Gagne would like to review the current Dog Ordinance to require stricter regulations. This issue will be returned at the March 13th Council meeting. Marty Jakel Resigns from Park Commission Gagne reported the resignation of Marty Jakel who served seven and one half years on the Park Commission. The Park Commission will be presenting a plaque of recognition. Spring Clean -Up The Spring clean -up will be scheduled for the last weekend in April. The site will be reviewed for possible changes due to the completion of a new development. Cable Brancel reported the resignation of the Cable Administrator, they are currently advertising for the position. Planning Commission Issues Brancel would like the Commission to deal with action items on the study session meetings if the discussion will be short. She would like to see controls set for small accessory buildings, permits or time limitation set for completion. -7- MINUTES - MONDAY, FEBRUARY 13, 1989 PAGE 8 • COUNCIL REPORTS Planning Commission Issues Continued Council discussed the control of design on aesthetics of--new buildings in reference to site location. Some members don't feel the City should be that restrictive._ Liquor Stores The manager would like to upgrade the interior of the liquor store. He would also like to eliminate food service tables in the hall in front of the store. Recycling Site- League of Women Voters Brancel spoke with the League of Women Voters regarding the news- paper recycling site. They would like to continue having the site but they do not want to man the site. They may consider donating some of the revenue to the clean -up effect to enable the continuance of the recycling site. Approval of Mayor Association Dues Brancel moved, seconded by Gagne to approve the $10.00 dues, • payment for Mayor Haugen in the Mayor's Association. Motion_ carried - 4 ayes. Comparable Worth Discussion Gagne moved, seconded by Watten to table the discussion on Comparable Worth until Jim Schultz can be in attendance. Mociun carried - 4 ayes. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Brancel to adjourn the Regular Council meeting of Monday, February 13, 1989 at 10:50 P.M.' subject to approval of claims for payment. Motion carried - 4 ayes. GENERAL & LIQUOR FUNDS - Acct. No. 00- 00166 -02 General Liquor Checks # 1722 -1823 $ 55,626.92 $ 27,018.11 Payroll Checklist: Checks # 202799- 202832 $ 10,150.52 $ 2,907.98 Total $ 65,777.44 $ 29,926.09 RESPECTFULLY SUBMITTED, At- an Hau en, M o Sandra L. Kennelly City Clerk