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010890 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 8, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 PM on Monday, January 8, 1990, in the Council Chambers by Mayor Haugen. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. ROLL CALL Present: Mayor Haugen, Councilmembers Brancel, Watten, Stover and Gagne Also Present: Attorney Froberg, Engineer Norton, Planner Nielsen, and Assistant Clerk Niccum. - NEW YEARS GREETINGS Mayor Haugen wished Staff, Commissions, and residents the best of everything for 1990. APPROVAL OF AGENDA Gagne moved, Watten seconded, to approve the agenda with the following additions and deletions: 4. Consent Agenda Remove A, C and E from the Consent Agenda 12-A-6 - Staff Report/Attorney's Report/16 Add Phyllis Lovrein - Request for lot split 12-B-l & 2 - Staff Reports/Engineer's Report/Items 11 & 12 12BI - Add MSA Report 12B2 - Add Glen Road 12-D-4 - Staff Report/Administrator's Report/Private Data-Executive Session Omit from agenda - postponed until next meeting 15. Executive Session Omit from agenda. Motion carried - 5/0. -1- COUNCIL MINUTES MONDAY, JANUARY 8, 1990 Page two . APPROVAL OF MINUTES Gagne moved, Watten seconded, to approve the Council Minutes of Monday, December 11, 1989, as amended. Motion carried - 4 ayes/I abstain. ANNUAL MEETING AND OFFICIAL DEPOSITORY - APPOINTMENTS TO POSITIONS AND OFFICES WITHIN THE CITY OF SHOREWOOD RESOLUTION NO. 1-90 Gagne moved, Stover seconded, to adopt Resolution No. 1-90 - "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year of 1990". Motion carried by roll call vote - 5/0. CONSENT 1\:CENDA: Brancel moved, Gagne seconded, to approve: a Sign Permit for Mr. Harry Niemela for Echo Fields at 19385 State Highway 7, allowing him to increase the face of an existing free- standing 5' x 8' sign with another 5' x 8' sign for the clothing store (Echo Fields), and, the date for the Local Board of Review as Wednesday, April 18, 1990 at 7:30 PM. . Motion carried - 5/0. ACCEPTANCE OF STREETS, WATERMAIN, SANITARY RESOLUTION NO. 2-90 SEWER AND STORM SEWER IN THE PLAT OF BRENTRIDGE Gagne asked City Engineer Norton if the above are all satisfactory, and ready to accept? Norton said yes. Gagne moved, Stover seconded, to adopt Resolution No. 2-90 - "A Resolution Accepting Streets, Watermain, Sanitary Sewer and Storm Sewer in the Plat of Brentridge". Motion carried by roll call vote - 5/0. BRENTRIDGE - RELEASE OF LETTER OF CREDIT DAVE JOHNSON RESOLUTION NO. 3-90 . Stover asked if the Developer didn't finish some or all of the stipulated work, if it would become a City problem? She was told it could happen. She said this left her with an uncomfortable feeling. She wondered if the $2000 deposit would be an adequate amount if any problems arose. The Council felt that Public Works has enough to do without ending up finishing a job that is not their responsibility. They also discussed the easement that the Developer is to obtain. Watten moved, Brancel seconded, to adopt Resolution No. 3-90 - "A Resolution Releasing Letter of Credit Furnished by Brentridge" with the following amendments: a. That Developer provide a cash deposit or certified check. i,.n the sum of $5,000 to ensure the completion of minor items specified by the City Engineer, which items shall be completed on or before July 1, 1990. -2- COUNCIL MINUTES MONDAY, JANUARY 8, 1990 Page three . BRENTRIDGE - RELEASE LETTER OF CREDIT - Continued Motion continued b. That the Developer obtain and file a consent to the plat executed by the owner of the easement on Brentridge Drive or provide a cash deposit or certified check in the sum of $10,000 to ensure that such consent is filed. Motion carried by roll call vote - 5/0. Craig Johnson objected to the increased amount. REQUEST FOR "NO PARKING" SIGNS - RESOLUTION NO. 9-90 SERVICE ROAD NORTH OF HIGHWAY 7 BETWEEN LAKE LINDEN DRIVE AND HIGHWAY 41 Haugen asked about "No overnight Parking" signs, and if they could be posted in the shopping center parking lot? Planner Nielsen said Ryan Construction had already posted such signs, and that is when people started parking out on the service road. Gagne moved, Brancel seconded, to adopt Resolution No. 9-90 - "A Resolution to post "No Parking" signs along the north service road of State Highway 7 between Lake Linden Drive and Highway 41". Motion . carried by roll call vote - 5/0. A REQUEST FOR AN EXTENSION FROM METROPOLITAN COUNCIL TO AMEND THE SHOREWOOD COMPREHENSIVE PLAN PER THE SYSTEM STATEMENT RESOLUTION NO. 8-90 Stover moved, Watten seconded, to adopt Resolution No. 8-90 - "A Resolution Requesting an Extension from Metropolitan Council to Amend the City of Shorewood Comprehensive Plan per the System Statement". Motion carried by roll call vote - 5/0. PARK COMMISSION REPORT Park Commissioner Gordon Lindstrom was present. He told the Council that Manor Park skating rink is really getting a lot of use. The lighting has been installed and is quite effective. He said if the Council had any questions he would relay them to the Comnlission at the meeting tomorrow night. He also said the Silverwood Park Questionnaire results will be presented at tomorrow nigh~s meeting. He mentioned the trails in Freeman Park and said the Southwest Trail Association has volunteered to groom them for the City. This will be discussed at greater length at the Park meeting. He said the Commission wanted to thank Gagne for a job-~vel1 done in 1989, and vlelcome Vern Watten as their new liaison. - . PLANNING COMMISSION REPORT Stover will report on individual items as they are presented on the agenda. -3- COUNCIL MINUTES MONDAY, JANUARY 8, 1990 Page four ~ C.U.P. TO EXCEED 1000 SQ. FT. OF ACCESSORY SPACE - CONTINUED FROM DECEMBER 5, 1989 Location: Applicant: 5635 Christmas Lake Point Harley Feldman Stover reported that the Planning Commission approved the Conditional Use Permit to exceed 1000 square feet of accessory space unanimously. She said only one question arose, one regarding the roof height, and that was solved. Brancel moved, Gagne seconded, to instruct the City Attorney to draw Findings of Fact and a Resolution approving a Conditional Use Permit to exceed 1000 square feet of accessory space for Harley Feldman at 5635 Christmas lake Point. Motion carried - 5/0. Planner Nielsen said due to the fact that this request had been postponed, and that there are no special conditions imposed, he requested the Council to allow the applicant to proceed at this time by allowing the issuance of a building permit. Stover moved, Gagne seconded, to approve the issuance of a Building Permit to Harley Feldman at 5635 Christmas Lake Point so that work can proceed. Motion carried - 5/0. ~ SIMPLE SUBDIVISION/LOT COMBINATION RESOLUTION NO. 10-90 Location: Applicant: 6060 Lake Linden Drive Bruce Prescher for Plumbline Builders Stover reported that the Planning Commission unanimously approved the simple subdivision/lot split~ They did; however, add two conditions to the six conditions recommended byEhe Planner. 7. The applicant may only build a single family dwelling on the property, a double will not be allowed. 8. Any future improvements must comply with required setbacks. No variances are anticipated. The Council questioned the area designated as wetland. The City Engineer said he does not see this area as a necessary storage basin. Haugen asked Attorney Froberg if the area is on the Shorewood wetlands map, if the Council should only approve the lot split? He said this issue would have to be examined at the time the building permit is issued. ~ Gagne moved, Brancel seconded, to adopt Resolution No. 10-90 - "A Resolution Approving a Simple Subdivision/Lot Combination for Bruce Prescher for Plumbline Builders at 6060 Lake Linden Drive, contingent upon the six conditions listed in the Planner's Report of December 28, 1989, and the two conditions listed in the Planning Commission Minutes of January 2, 1990. Motion carried by roll call vote - 5/0. -4- COUNCIL MINUTES MONDAY, JANUARY 8, 1990 Page five . SHOREWOOD WETLAND AREAS . . The Council discussed the wetlands and felt that this is an issue that should be studied by-the Planning Commission in the future. ~IMPLE SUBDIVISION RESOLUTION NO. 11-90 Location: Applicant: 5220 St. Alban's Bay Road Daniel Plowman Stover reported that the Planning Commission recommended approval with the Planner's recommendations included. The driveway and access were discussed. Brance1 moved, Watten seconded, to approve Resolution No. 11-90 - "A Resolution allowing a Simple Subdivision of Real Property at 5220 St. Albans Bay Road" contingent upon the Planner's recoumendations(5) listed in his report of December 29, 1989. Motion carried by roll call vote - 510. Lot 86 of Auditors Subdivision 141 and Lot 2 of St. Albans Bay Hei~hts Plowman said if the City was willing to forgive taxes on Lot 86, a substandard lot with a substandard house on it, he would tear the house down and combine the above lots. Stover said the taxes due are not only City taxes, but School District, etc. Lot 86 is 8,000 sq. ft. and Lot 2 is 35,000 sq. ft. One house would then be built on the combined property. Council directed Attorney Froberg to research the tax situation and prepare a recommendation for the next meeting. COST ESTIMATES - FEASIBILITY STUDY FOR SOFTENING ANDIOR IRON REMOVAL PLANT S. E. AREA WATER SYSTEM Planner Nielsen, representing Administrator Whittaker, requested tabling. Gagne moved, Stover seconded, to tible the issue to review proposals with both firms to explain cost difference. Motion carried - 5/0. WEST SUBURBAN MEDIATION CENTER Watten moved, Gagne seconded, to deny the request for a $700 contribution to the West Suburban Mediation Center. Motion to deny carried - 5/0. MATTERS FROM THE FLOOR None -5- COUNCIL MINUTES MONDAY, JANUARY 8, 1990 Page six . STAFF REPORTS ATTORNEY'S REPORT Resolution approving a Set Back Variance Robert Brown - 20680 Garden Road RESOLUTION NO. 4-90 Stover moved, Brancel seconded, to adopt Resolution No. 4-90 - "A Resolution Approving a Setback Variance for Robert Brown". Motion carried by roll call vote - 5/0. Resolution Approvin~ a C.U.P. and Variance to Build on a Substandard Lakeshore LotlSetback Variance RESOLUTION NO. 5-90 . Planner Nielsen explained that a revised plan has been presented. This plan makes the house 7' longer. The structure has been moved north approximately 21'. It meets all the requirements. Attorney Froberg said that the change does not create any changes in the wording of the Resolution so it can be passed as is. Watten moved, Gagne seconded, to adopt Resolution No. 5-90 - "A Resolution Granting a Conditional Use Permit and a Setback Variance to Jeffrey Tronsor". Motion carried by roll call vote - 5/0. Resolution Approvin~ a Conditional Use Permit for 500 West Lake Street Minnetonka Portable Dredging Company Gagne moved, Stover seconded, to adopt Resolution No. 6-90 - "A Resolution Granting a Conditional Use Permit to Minnetonka Portable Dredging Company, Inc.". Motion carried by roll call vote - 5/0. RESOLUTION NO. 6-90 Resolution Grantin~ a Variance to Construct a Fence - Robert Whelan 5910 Cathcart Drive RESOLUTION NO. 7-90 Brancel moved, Watten seconded, to adopt Resolution No. 7-90 - "A Resolution Granting a Variance to Construct a Fence" to Robert Whelan of 5910 Cathcart Drive. Motion carried by roll call vote-510. Status of Widmer Lawsuit ~ Attorney Froberg said the Final Motions will be held on Tuesday, January 16, 1990, at 9:00 AM and the trial will take place on Monday, January 22, 1990, at 9:00 AM. These will take place at the Hennepin County Government Center. Froberg did suggest that if you plan on attending --- plea.se.n~heckwith bb:t first to see if any time changes have taken place. -6- COUNCIL MINUTES MONDAY, JANUARY 8, 1990 Page seven . STAFF REPORTS ATTORNEY'S REPORT - Continued Phyllis Lovrein - Request for Lot Split Attorney Froberg said Ms. Lovrein is still waiting for necessary information. Stover moved, Gagne seconded, to continue the matter until the meeting of January 22, 1990. Motion carried - 5/0. ENGINEER'S REPORT MSA Report Engineer Norton attended a meeting December 28, 1989. He met with the District State Aid Engineer. He was given an "Annual Certification of Mileage" report. He completed and returned the report on January 1, 1990. Mr. Ken Strauss gave Engineer Norton the figures shown for the City1s 1990 allocation. Population - $ 89,416. Needs - 58,659. . Total $ 148,075 Norton said this was based on a population of 5,612. He said last year1s allocation was $21,000. Planner Nielsen explained that the first year they base the amount on the figures required by a city similar to Shorewood. Next year Shorewood will receive funding based upon their own needs and population. Norton said East Bethel was the city used for comparison purposes. Glen Road Draina~e Engineer Norton said he talked to Jim Mahady at Administrator Whittaker's request. Action was taken and approval given. Norton received a copy of the agreement. The original will be sent the Administrator Whittaker sO he can execute the contract. PLANNER'S REPORT Cellular One - Mobile Phones . The Council discussed accepting up to three mobile phones from Cellular One. They also discussed costs, including installation, air time, basic rates, Federal charges, etc. After further discussion it was decided that the City should not accept the car phones, but if the police want them, to include the phones in the lease negotiations. The Council would like more information on costs. -7 - COUNCIL MINUTES MONDAY, JANUARY 8, 1990 Page eight . STAFF REPORTS PLANNER'S REPORT ~ Continued Mrs. G. F. Latterner - Status of Zonin~ Violations and Junk Violation Planner Nielsen said he had been there today. The boat trailers and boat cradles have been removed. There is still one fish house on the property. If this is not removed soon he will send a letter. Edsell Go~~ans - 26960 West 62nd Street - Junk Complaint Planner Nielsen said the City cleaned this up. The cars are still there. They will be towed if not removed. Goggans will be billed if they are towed. If payment is not received, the cost will be certified to taxes. ADMINISTRATOR'S REPORT Hennepin County Compostin~ Sites This will be on the January 22nd agenda because we are still waiting for information. Permanent Animal Control Contract . This will be on the January 22nd agenda because the City of Chanhassen votes at their meeting tonight. Second Fire Proof File from 1989 Microfilm Bud~et Gagne moved, Brancel seconded, to approve purchase of a second fire proof file, using extra funds from microfilm budget. Motion carried- 5/0. Extend Hours for Ginny Smith Decision postponed until January 22 meeting. Animal Contract with Clinic Stover asked if the contract with the Clinic could be signed right away. Attorney Froberg said there is a paragraph in the contract that he wants to check with the insurance company before signing the contract. MAYOR'S REPORT LMCD Inter~overnmental Meetin~ . Thursday, January 18, 1990 - 7:00 PM - Tonka Bay City Hall Haugen said they would discuss funding for LMCD. They are also discussing letting others join the board (i.e. DNR, Watershed). Haugen also said the LMCD has decided that if a City's Representative to LMCD is not attending meetings, or doing a good job, the City can ask for their resignation. -8- COUNCIL MINUTES MONDAY, JANUARY 8, 1990 Page nine . MAYOR'S REPORT - Continued Chapter 105 - Code of Ethics . . Haugen asked that the forms be sent to the Council and all Commissions in the next packet, or individually. AMM MeetinK - Saturday, January 27, 1990 - Hopkins House - 9:00-10:30 AM Haugen would like to see as many as possible attend this meeting. She encouraged Administrator Whittaker and Planner Nielsen to attend. This gives us the opportunity to meet the Legislators. Future City concerns will be discussed (i.e. taxes, legislation, solid waste, property taxes, land use). The City will pay the $5 cost. Staff is requested to contact Knickerbocker, Gen Olson, and Jim Ramstead, and invite them to the meeting. Clarence Clofer Post #259 - $5,000 Donation American Legion Post #259 has donated $5,000 for the reconstruction of the Cathcart Hockey Rink. COUNCIL REPORTS Stover - Fence Ordinance The Planning Commission will study the Fence Ordinance the 1st week in February. RecyclinK Bins - Shorewood ShoppinK Center Gagne feels bins should be removed - its a mess! Watten agrees. Brancel and Stover feel it should be moved th City Hall parking lot on a trial basis. A relocation sign would have to be placed at the Shorewood Shopping Center. Staff is requested to negotiate with the League of Woment Voters. A time limit is requested for the trial. Council feels recycling has to be promoted. The people have to be educated. Haugen suggested picking a resident at random on recycling day; and if they are recycling, pay them a stipulated amount of money. The availibility of extra bins was also discussed. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIIMS/AND EXECUTIVE SESSION Stover moved, Brancel seconded, to adjourn the Regular Council Meeting at 9:50 PM, subject to approval of claims for payment, and to enter an executive session. Motion carried - 5/0. GENERAL AND LIQUOR FUNDS - Acct. No. 00-001662-02 General Liquor Checks I 3417 - 3585 Payroll Checklist: Checks I 203557 - 203679 Total $33I,224.58 $113,182.14 37,151.90 5368.376.48 9,832.84 5123.U14.98 . . 'AIsnOmlUgUn pal~~go uOI~oW 'Wd 90:01 ~g ~uI~aaw Ilouno~ ~gIn~a~ aq~ u~nOrpg o~ 'papuooas ~aAO~S 'paAom au~gD ~NaWN>>nOrav . 'Wd 20:01 lB pauaAuo~a~ ~ullaam 11~un08 ~Bln~a~ aq~ aaNaANo~a~ NOISSaS ~V~nDa~ COUNCIL MINUTES MONDAY, JANUARY 8, 1990 Page ten . REGULAR SESSION RECONVENED The Regular Council meeting reconvened at 12:12 PM. ADJOURNMENT Gagne moved, Stover seconded, to adjourn the Regular Council Meeting at 12:14 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED Susan A. Niccum Assistant City Clerk Laurence Whittaker . Administrator/City Clerk .