White Bear Township Board Meeting 5-16-2016
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so I will call the uh meeting to order for Town board for the May 16th meeting we have an agenda are there any corrections or Chang changes Bill y you can see on the supplement there's an added consent agenda item no deletions on the top 51 that be five I five I okay so we'll have nine items on the consent agenda anything else nope okay is there a move to is there a motion to approve the agenda as adjusted move is there a second a second those in favor please say I I I and motion pass passes is uh next item is to approve payment of the bills move is there second second motions made and second it to approve payment of the bills those in favor please say I I I any opposed that motion passes item number four on the agenda is to uh approve the uh meeting minutes for an emergency Town board meeting uh on April 22 were there any corrections or deletions from those minutes I'll move to approve is there second second okay the motion is made and seconded for April 22 meeting minute approval those in favor please say I I I any opposed that motion passes and then we have the town board meeting minutes of May 2nd any corrections or deletions to those meeting minutes I saw none motion to approve is there second second motions made and seconded to approve the meeting minutes of May 2nd 2016 those in favor please say I I I any opposed that motion passes next item on the agenda is the consent agenda and we have nine items on the consent agenda uh Steve would you read those please yes consent agenda item 5A has to do with Southshore Trinity Lutheran Church in accordance with the township special event policy Grant non-exclusive use of Belair Beach to Southshore Trinity Lutheran Church 2480 South Boulevard to hold an outdoor worship service weather permitting on September 4th 2016 beginning at 945 a.m. for 2 hours per service and to allow use of electricity from the township lifeguard building to power the sound system consent agenda item 5B a hobby kennel license request at 13:35 County Road h-2 we'll call a public hearing for Monday July 20th 2 16 at 7:10 p.m. item 5 C hobby kennel license request at 54 excuse me 5646 fiser Street we'll call a public hearing for Monday July 20th June 20th oh June 20th my goodness June 20th 2016 at 7 at uh well that's at 7:15 p.m. read my little notes Here item 5D hobby kennel license request at 57 1115 fiser Street call a public hearing for Monday June 20th 2016 at 7:20 p.m. item 5e is for the Minnesota Association of Township's financial report based on finance officers review and recommendation receive and accept the July 1 2014 through ji June 30th 2015 Financial reports of the Minnesota Association of townships item 5f based on Town Engineers review and recommendation and including his recommended conditions approve EXL energy permit to replace a power pole on Portland Avenue south of Christine Court item 5G the Ramsey County election Services joint Powers agreement Amendment receive joint Powers agreement Amendment and refer to town attorney for review and to report back at the June 2nd 2016 Town board meeting item five 5H received the construction activity report and item 5i is Cub Food fireworks license based on the fire inspector and staff review and recommendations approve the firework license for Cub Food from May 1st 2016 through April 30th 2017 make a motion to approve those consent agenda items is there a second I'll second motions made and seconded to approve the consent agenda genda those in favor please say I I I any opposed that motion passes next item on the agenda is number six old business and we have one old business item that's regarding a solicitor license request for Renewal by Anderson the town board received the request at the first meeting in May and then referred it to the public safety commission for review the public safety commission reviewed the applicants uh the reason was that there were two of the solicitors identified on the list that did have some criminal background the town board then reviewed the the report from the Ramy County Sheriff's Office and and discussed the the background as well as the application with the coordinator Pat proos for renewable by Anderson uh he mentioned that the the list has changed uh significantly since the list of vendors was identified for the board earlier in May um and so the list that discussed with the board uh with the public safety commission and with the uh can't remember it must been with the public safety commission prison that the tong to Brandon Martinez and Patrick Co broop were names that were recommended for approval on the shorter list now two names have been added Ashley Anderson and Chris Olen we have had a chance to have the sheriff's department perform background checks on them and they've come back with no report so it looks as if everything is in order for Renewal by Anderson to receive their solicitor's license and the recommendation is um that the license be valid for a period of 30 days following the date of issuance that the hours of solicitation be 900 p.m. pardon me 9 a.m. to 8:00 p.m. Monday through Saturday and no Sunday solicitation and no solicitation on properties that display the no pedlers solicitors or transient Merchants signs Bill uh just one minor item here and I think we've talked about this before and I'm a belt and suspenders type guy I guess but could we include in the uh conditions uh just the statement that uh the vendor will comply with Township ordinance I think it's ordinance 37 the vendor ordinance can we just make that standard language in these uh in these approvals certainly is that okay with the yes the rest of the board y okay with that are there any other questions and we've approved all the or we've reviewed this request that was last month right Bill yes so this uh the big change here is the final five names that we're approving tonight actually I think it was two weeks ago was it just two weeks ago yeah it's I thought we'd seen twice well yeah well okay nothing's changed since we saw it last when okay all right there's no other questions uh what is the response for the requested action item here well as leaz on to the public safety commission I'll move based on their staff review and recommendations that we approve the issuance of a solicitor's license to Renewal by Anderson for the following individuals only that would be uh Tong tow Brandon Martinez Chris Olen Patrick toosh and Ashley Anderson and it's also subject to uh the following conditions that are listed on page 51 and standard ordinance what is it 37 37 yes vendor will comply with ordinance 37 all right is there a second second motions made and seconded to approve issuing the solicitor's license those in favor please say I I I any opposed that motion passes and we'll move on to our agenda items number seven and the first item is a seven 710 public hearing and I think it's just turning 710 right now so we're right on schedule all right so we have a request for a h hobby kennel dog license renewal request uh at 3991 Birch null drive all right on page 76 of your agenda packet is a motion to wave yeah uh the reading thank you is there a second second motions made and seconded to wave the public uh way the reading since proper publication has been completed those in favor please say I I I any opposed okay well it's all yours so so we do it okay got it this will be the presentation then you can open the public hearing after this um page 76 of the packet Richard Roode 3991 Birch n Drive applied for renewal of a hobby cannel license for our ordinance the dogs have current rabies certificates the dogs have Township licenses they have completed the application and paid the fee Mari Lee the Ramsey County Community Service Officer Animal control officer has completed a report that's in your packet and that's in your supplemental packet on page 10 of your supplement in there he completes the typical report that you're used to seeing from him um indicating compliance with all the criteria that he uses and his recommendation uh first of all there his records indicate no complaints since last inspection and he recommends approval okay and we've received no comments we've received none in the office uh before we open the for public comments are there any questions from the board uh just one bill this is a renewal right yep why didn't we have any minutes from the last uh board meeting when we renewed it couldn't tell you that I think most of the other ones did but this one doesn't seem to have any reference to well the only Reas the reason I said it's a renewal because in the in the the memo it says a renewal but that's why I thought it was a new one I didn't it said renewal yeah it says renewal could have been new well we can confirm that in a minute here two here all right no other questions then I'll ask for a motion to open the public hearing portion so moved is there second second those in favor please say I I I any opposed all right the public hearing is open um is the applicant here okay did you have anything to add to this if you do you want to come up and get your name and address yeah it's just three small dogs that we have that are rescue okay we I'm sorry we need to get you to identify yourself on your address uh is this a renewal then you've had this license before actually I've had I had tags for for the dogs and then when I went to renew the tags they informed me that I needed this kennel license which I never knew okay that question yeah next time it'll be a renewal for sure y okay all right any questions for the owner did you meet with uh the Animal control officer Mario Le okay yeah to the all right well thank you for your comments any other questions from the board so the requested action item then is to uh approve uh the request for a hobby kennel license at 3991 personal drive we need to close the public oh yeah we have more to go all right is there a motion to close the uh public portion of the hearing so moved is there a second second those in favor please say I I okay public portion is closed all right now we can take action this comes under public safety Ed do you want to take care of these yeah uh I'll move based on staff review and recommendations that we approve the request for the hobby kennel license at 3991 Birch Drive this is for a 2-year period through March 31st 2018 and it's subject to the following conditions which are listed in our packet on page 75 I'm not going to read them all so okay okay is there a second second motions made in second any further discussion not I'll call the question those in favor of approving the request for a hobby kennel license please say at 3991 Bal drive please say I I I any opposed that motion passes all right next item on the agenda is 7B what are we doing for time here perfect it's exactly we're right on time and this is another public hearing regarding a h hambi kennel license and this one this one is a renewal request as far as I know okay right I'll move to wave the reading noting has properly been published is there a second second those in favor please say I I I any opposed okay Bill all right Kevin and Kim Larsson 2699 Evergreen Circle have applied for renewal of a Hoban license uh the dogs have current rabes certificates the dogs have current licenses they've completed their application fee and paid the fee and we have a report from officer Lee regarding his inspection and that report is provided on page 15 of your packet again uh the complaint since last inspection none and recommendation from officer Lee is approval okay and again we have no other memos or emails commenting on this correct all right any uh questions from the board if not is there a motion to open the uh public portion of the hearing some is there second second those in favor please say I I I any opposed is the applicant here I guess not all right any other comments okay and then is there a motion to close the public portion of the hearing so moved is there a second second those in favor please say I I I any opposed all right last chance for questions from the board if not the action requested is to approve a renewal request um question they only have two two two dogs they get a w they going to get a third one is that did I miss that well two dogs C two dogs and a cat but uh we don't limit cats cats don't they can have a they can have a kennel license for two dogs now well well let me ask you then according to the ordinance I guess the town attorney will have to answer this one according to the ordinance if we approve a kennel license now can they get the third dog oh it says the third dog has not yet been obtained they're okay and you know what they don't want to approve it till they they don't want to purchase the dog until they've been approved for a k license they're following the rules perfectly so then let's table this no no no no because if they acquire the dog then they'll be in violation of the K license so they checked with the time to get okay that's what my question was going to be all right yeah all right so we're back on board then Y no other questions okay all right I'll move based on staff review and recommendation that we approve in the renewal request for the hobby Cal license at 26.99 Evergreen Circle for a 2-year period through March 31st 2018 also subject to the conditions listed on page 92 of our packet is there second second motions made and seconded to approve a the U requested hobby kennel license those in favor at 2699 never green circle those in favor please say I I I any opposed that motion passes item 7 C on the agenda is another public hearing to review a h hobby kennel license renewal request the motion to about a minute early on that one we okay now it's 7:20 okay all right do there motion to uh wave the uh reading fumbles is there a second second motion is made seconded to wave the reading those in favor please say I I I and the opposed okay okay Margaret and Scott they're here I have applied for renewal of hobby license at 5335 Fugal Court the dogs have current rabes certificates and the town licenses their application is complete uh officer Lee has completed his inspection and includes his report report on page 24 of your supplement and there he uh reviews the premises uh let's see in this particular number of animals reviewed on the premises is four so it's a a 15-year-old female Visa 9-year-old pug 12-year-old pug sorry you go you know when you're ni S I was on I jumped ahead page 19 thank you and we of animals so it must be three dogs and two cats okay I want go through it then uh no there have been uh no complaints and the recommendation is to approve thank you okay any questions from the board if not is there motion to open the public board of the hearing I'll moved there second second those in favor please say I I I any opposed okay the applicants are here did you have any comments you'd like to make or add uh Scott Fon 5355 Hugo Court I just want to say that this is our fifth time applying for the hobby count license and possibly the last we're not too sure on one of the dogs is an age so not so everything we've heard so far is accurate you're satisfied with that okay oh yeah okay great yeah thank you no issue okay any other comments if not I'll ask for a motion to close the public portion of the hearing so move is there second second those in favor please say I I I any opposed any other comments from the board then the action item requested is to approve the renewal request for 5335 F Court uh again lays on to the public safety commission I'll move based on staff review and recommendations approve the renewal request for the hobby kennel license at 5335 Hugo court for a 2-year period through March 31st 2018 subject to the conditions listed on page 106 of our packet there second second motions made and seconded to approve renewal request for kennel license at 5335 fugo Court those in favor please say I I I any opposed that motion passes next next item on the agenda 7D oh let's see here now now we do have to wait a couple of minutes we have a public hearing scheduled for 7:25 we have to we have to wait three minutes here to S yeah there might be some other business you want to take care of uh by the time we get started it'll be time to come back Southeast area s laning or the Overlake fit those two in through the next those are both pretty quick you want to try that and get it done in two minutes for the Overlake yes okay let's move on to item 7 K on the agenda and that's regarding the Overlake Avenue sewer lining now we have a change order request so Mr chair members of the board of the township went out for bids we got uh quotes are for the what we thought was the designed pipe size of a 8 in sanitary sewer uh that price was $23.75 as part of the low bid uh once we got out and started doing the work uh we found out that we do have a 10in line through that portion uh We've confirmed it with public works and everything this is the line east of Bald Eagle Lake and it runs through swamp areas so it's a difficult area to access so the contractor has submitted uh increase price to $26 per linear foot so that's $2.25 more that would increase the uh $336,000 project by $1,446 75 sense uh we are uh recommend approval of that adjustment uh they will then go ahead and complete the project using the larger liner so uh I think everything checks out we see that the dollar amount is very acceptable uh this price is still below the second bid item even at the 8 in pipe so we are uh very pleased and recommend authorizing change order number one for the increase to address the 8 in to 10 in lining well I answered the first of my two questions and the second question is when will they be able to mobilize then uh as soon as we get approval I mean they will start manufacturing the liner so they've done all their preliminary work and just want to make sure we're squared away with this before they start okay that comp process so this work is all going to happen here in the next couple weeks okay any other questions from the board NOP okay so the action requested is to uh approve an increase in the amount of the bid by $46.75 with motion based on Town Engineers review and recommendation approve the change order number one to Inu form is it how you pronounce it for an increased amount of 1,400 $46.75 to their bid resulting in a total contract of $ 37,41 with funding coming from the sanitary sewer fund is there a second I'll second the motion motions made and seconded those in favor please say I I I I any opposed that motion passes so now we're back on track here for our hearing schedule we have a 7:25 public hearing regarding a hobby can a license renewal request for 2502 Taylor Avenue is there a motion to wave the reading of the notice so move is there a second so second those in favor please say I I I any opposed okay Bill this is yours David Gail keston welcome um applied for renewal of their hobby K license at 252 Taylor um the report on page 127 indicates that they are current on the rapes certificates and town licenses they've completed their application and officer Lee has completed his report after inspecting the property on May 9th he's received no complaint since the last inspection and recommends approval they have three dogs and a cat okay is there a motion to open the public hearing for comments so move second second motion made seconded those in favor please say I I I opposed okay uh the applicants here yes hi Gail kson 252 Taylor Avenue um we have three dogs um an old retriever that's like 15 or 16 and two Pugs that are 12 and about five and a cat that only the IC is that why Mario didn't take a picture of it yeah it only comes out when I'm home that's the way cats are okay uh did Bill leave anything out on as far from your perspective no he did a good job okay all right thank you very much any other comments if not then I'll call for a motion to close the public portion so moved is there a second second those in favor please say I I I any opposed if there are no further questions from the board the action requested is to uh approve the renewal request at 252 Taylor I'll move based on staff review and recommendations that we approve the renewal request for the hobby kennel license at 2502 Taylor Avenue this is for a two-year period through March 31st 2018 subject to the conditions listed on 125 and 120 just 125 is there a second second motions made and seconded to uh approve a requested renewal of the hobby kennel license at 2502 Taylor Avenue uh those in favor please say I I I I any opposed all right that motion passes next uh on the agenda is 7e and that's a 7:30 public hearing and we're just about there uh so I'll uh ask for motion to uh wave the uh reading of notice so move is there second second those in favor of uh waving the reading please say I I I any opposed all right Bill Christ and Laura Christen thornwall and Laura felen there she is have applied for renewal of a hobby kle license at 5941 out ofv viw Trail as you can see in the report on page 145 rabies certificates and town licenses are current they've completed the application Mario Lee has completed his report and that's on page 29 indicating that there were three animals a Beagle a beagle a retriever terrier and a minpin dxun um he indicates that there uh no complaints and recommends approval okay any questions from the board uh just one I don't know Bill if you know last year they had a neighbor Kieran isacson uh had made a comment she did not approve the license you know she made any complaints I haven't I've heard that there have been no complaints for this application in a second I I would know respond that we have in our packet there we did get one written comment that the neighbor across the street was okay with the renewal so there's no other questions is there a motion to open the public hearing portion so move is there second second those in favor please say I I any opposed the applicant is here hello Chris thornwall 5941 otterview Trail um the complaint from Miss Ericson one she wasn't within the 300 whatever limit was she was having an issue with a dog that was on her block and the board said that they would help her figure out who it was she's never complained about our dogs okay she said at the meeting that she' never heard our dogs okay all right bill was accurate in his uh recital okay great thank you are there any other comments if not uh I'll ask for a motion to close the public portion of the hearing don't move there second second those in favor please say I I I any opposed okay so the action item requested is to approve the renewal request for 5941 Trail I'll move based on staff review and recommendations we approve the renewal request for the hobby kennel license at 5941 aiew Trail the two-year period through March 31st 2018 this will also be due uh subject to the following conditions on 143 on our packet okay is there second second motions made and seconded to approve the renewal request for hobby cannel license at 5941 OT View Trail those in favor please say I i i i any opposed that motion passes we're talking too fast here here we're getting ahead of ourselves next item on the agenda is 7f and that's another public hearing for 7:35 uh Jim can you do 7 l in a couple of minutes sure uh Mr chair members of board uh that item is the southeast area sanitary sewer lining um as part of the feasibility process uh We've go through the numbers we put the draft feasibility together we hold held two residential informational meetings so that we can present the proposed project to the affected properties that was 457 of them uh we had two meetings to discuss that with the residents uh we take that information and we will bring that back to the town board at the executive meeting uh for that activity for the two meetings the PowerPoint presentation and going through those activities uh we are requesting that $1,650 for cover covering that activity the total project is 1,7 $133,000 this is part of that amount within the budget of that project all of this is going through the sanitary sewer fund at this point and assessments will be part of the overall project if this moves forward the next step would be to discuss further at the Town board executive meeting the meeting information that we received and then working on going forward with that process okay yeah I was at the uh the second of those two meetings and that uh it went well the the subject was covered in the audience seemed receptive to everything you had to present that Steve you were at the first I was at both the first and the second and I agree with that I thought um they came prepared with questions and I thought the answers that you provided gave them enough information to know what's ahead of them okay all right any other questions for Jim the motion or the action requested is to approve the expenditure of6 not to exceed $1650 I'll make a motion to approve the expenditure of an amount not to exceed 1,650 $ for meeting preparation for the neighborhood meetings with funding from the sanitary sewer fund for the southeast area sanitary sewer lining project is there a second I'll second the motion motion's been made and seconded those in favor please say I I I any opposed that motion passes all right we can go we can go back to uh item 7f on the agenda and that's a 7:35 public hearing regarding a hobby kennel license renewal request for 5423 Jefferson court is there a motion to wave uh readings of the notice so move is there a second second those in favor please say I I I any opposed okay Bill Michelle Moler is she present no sorry thank you all right 5423 Jefferson Court applied for renewal of her hobby count license and in the report on page 163 you can see that the rabies certificates and town dog licenses are current the application is complete officer Mario Lee has completed his report uh it's included on page 35 of your packet indicating that the they have three dogs uh and several cats um there's a of the three dogs is a shired pointer yellow lab and a miniature pincher um he's indicated that uh he's not received any complaints and based on his inspection recommends approval of the license um we do have a we did receive a call and included on make sure in the right page page 39 thank you oh was that in the is that in the supplement in the supplement yeah thank you well I was curious because they said neighbor called but they didn't get a name I think it was Anonymous and then in the in the um agenda packet we have another similar complaint is do we know if that's the same person don't know two two Anonymous or one Anonymous person okay and that was a call that was received on May 16th um the complaint was U objects to the renewal of the license as the dog parks all the time it's hard to go out in the yard okay so the complaints are coming to Township not to Mario correct we encourage folks to to inform the Animal control officer so he has a record as you can see he very thorough in his record keeping so we but we need to we need to have a name and address uh for the complaint to be um qualified now we were advised that the person who called would be at the meeting tonight so you could ask if that person is here all right any other questions from the board well not I noticed in the when this was up for Renewal before and Mario didn't comment on that but it asked to have postings for beware we of dogs signs on this particular yeah one of them was aggressive one was aggressive but I haven't seen any comment of that but but other than it kind of fits with the large dog hanging over the fence business but um I don't know if that was ever complied with and there's no comments by the by Mario on there yeah we don't sorry we don't have any oh pardon me uh in the in the report that's on page 163 uh this report goes onto a second page that Patty prepared um there was a there's she provided two options to help the board consider your options the first be approve the re renewal simply uh simply approve it as submitted another option would be subject to conditions and there's some conditions the board could consider um some of which are redundant but limited to three dogs current licenses premises be cleaned daily beware of dog signs placed on the gates and fence um and this hobby Canal light to expire on March 31st 2018 okay so it's basically the same conditions but the beware of dog is another option as as well as cleaning okay and the board could choose to have a second review in less than the normal 2-year renewal second review from the Animal Control offic yeah great all right any other questions from the board if not is there a motion to uh open the public portion of the hearing so move is there a second second those in favor please say I I I I any opposed okay all ask first is the applicant here no no applicant all right uh does anyone else have any comments um this applicant on Jefferson court for we need kson 252 Taylor Avenue um this applicant lives down the block from us kind of behind us we don't ever hear their dogs barking and I was here for their hearing last year and the beware of dog was because they have a feisty mini pin are they okay is I'm not familiar with the dog breeds is that it's a little bit bigger than a Chihuahua somewhere between a Chihuahua and a small horse I gu legs on all right they're they're they're tiny little dogs and the dog's name is bruer they walk the dogs by our house regularly okay all right any other comments regarding this request all right um well it's it's difficult to respond to Anonymous complaints but we can't ignore them um but it's also helpful to have another identifiable response that the The Barking issue is not an issue so uh any questions any other questions from the board we could in if we hear from the anonymous complaintant we could we will ask for a name and address a time of day and specifics at this point all we the comment we had was kind of vague and it was somebody who is near the rear yard as opposed to the street side of the house could we have could we have Mar go and visit the site again and just survey the owner about well that's his option too and I think that's probably what we should do oh okay and that would be to have an to approve it but have an inter inspection yeah that's a good option yes I agree with that so so we're looking at an option here to approve the license for basically to approve a license renewal for six months no you approve it through 2018 but he he do a spot check in either 6 or 12 months or yeah we could do that but I'm just saying approve a license for six months and contingent upon Mario's findings then we can approve the license to continue for another year and a half well if you believe there's an issue with barking you can always have an interim review done by the Animal control officer and reconsider you could Grant the two years but reconsider if you feel there's a violation of the license which is our privilege exactly anyway so so you you don't need I wouldn't I would recommend against a six Monon continuation and just request but the inter the the effect is the same but what what you're proposing it is simpler yeah I don't want to get have to have them come back here and renew the license again in six months yeah renewing takes us through the whole hearing right the whole everything what we to hear from Mario then well it depends on what if we want a 6mon or a 12-month review okay well whenever we hear from them what what do we expect to hear what would our action be at that point in time Mr says no barking that I can find it automatically continues if I may I want you to condition this upon having the Animal control officer review this in one year and file a report in one year to see if if there's any change in conditions in what conditions just not the Barking well yeah and exactly okay for any condition for that matter okay well that'll give us time too to to also find out if there's been any other complaints come in that's true as as true as too and at that time we could ignore it or or we could take action and resend the license yes you could you could hold a hearing on the license exactly all right I I agree with that I I'm a supporter of not holding to Anonymous correspondents you know if we if we want to run a a good neighborhood situation people should be willing to stand up and say why they're issues are so I think having it reviewed in a year again and if our person is listening today on the television they have the opportunity to come forward and make that clarification of their concerns so I think the option two that we talked about is the as Ed said is the best way to go okay well is there a motion I'm sorry close the public yeah let's is there a motion to close the public portion of the hearing some MO is there a second those in favor please say I I okay I then the action is to approve is a request to approve a renewal request I'll move to approve the renewal crest for the hobby can license at 542 23 Jefferson court for a 2-year period through March 31st 2018 but this will be subject to Mario Lee's review in 12 months and also they need to follow the conditions listed on page 161 and 162 U and could I ask just for a clar add on that that that Mario reviews that in the year and reports to the board his findings yes thank you all right is there a second second okay motion's been made and seconded are there no any further questions not I'll call the question those in favor of approving the renewal request for a year subject or for two years subject to the 12-month review by the Animal control officer please say I I I I any opposed that motion passes all right 7g is a 740 public hearing for a hobby kennel licensed renewal request for 5451 Normandy court is there a motion to um wave the reading of notice so moved is there second second those in favor please say I I I any opposed okay Bill Patrick degree and you're representing Mr degree thank you uh 5451 Normy Court applied for renewal of hobby kennel license and and it's indicated on her report on page 185 PTY identifi that uh certificate rabies and rabies certificate Town licenses are [Applause] current it may indicate the copies of the rapes certificate have been provided for all three dogs but an update for Poncho is expected to be received so I think there must be some clear communication that that's ready um the application is complete um officer Lee is uh completed his report and it's on page 41 of your packet uh he completed his normal report indicating there are three dogs on the property and he's had no complaints since the last renewal and recommends approval as you can see this was a this particular license review when it took place last which was a year ago um it was it was controversial particularly with one particular neighbor I understand that that neighbor actually the labor the neighbor was in the process of moving at that point in time and may have already moved since that time we haven't received any complaints um and neither has Mario okay yeah I uh remember that discussion pretty well and that was the one with the acrobatic dog climbing the fences and I also remember that uh the applicant was pretty Cooperative in building a new fence to deal with that problem right so uh any other questions from the board no I also I have talked since that initial application with the another neighbor in that area who also voiced a complaint and said things have vastly improved and and are very happy so I I think the steps were taken were the right steps for the right reasons I have no other questions comments anything no all right is there a motion to uh open the public portion of the hearing some move is there a second second those in favor please say I I I I any opposed is the and uh you're here to represent the applicant I I have a little note but oh okay is the applicant the is the applicant here then working Melissa okay all right but I just hear I got a notice it said 740 but I don't know that me I to say anything show up unless you want to say anything if if anyone has a comment to make about this request if not going going gone okay I'll ask for a motion to close the public portion of the hearing I'll move is there a second second SEC uh all those in favor please say I I I any opposed all right any final comments from the board uh just that we rely on neighbors uh to let us know if there are issues going on and we also rely on them to let us know if like you say it things are working out so that helps us in our decision- making so but hearing none I'll move based on staff review and recommendations we approved the renewal request for the hobby kle license at 5941 aiew Trail for a 2-year period through March 31st 2018 also subject to the you got the wrong address 5451 545 WR this one's wrong here yeah at the top oh okay correction we have two different numbers here all right 5451 and then with the following conditions listed on page 180 a small typo okay see what all right is there a second second as long as that was 5451 Normandy Court oh yeah was even a you Trail on there unless they've moved wow unless we have another hobby kennel license renewal request no all right no all right motions made and seconded to approve a renewal request for hobby kennel license at 5451 Normandy Court those in favor please say I I I I any opposed all right that motion passes next item on the agenda is 7h and thank you thank you and thank you all for coming in and thank you for your comments as Ed says it helps 7h on the agenda is a request is is a 7:45 public hearing requesting a side yard setback variance at 2577 County Road F I'll move the way the reading is there a second second those in favor please say I I I any opposed that motion passes Tom this is yours yes AR property is located on County Road F just across from Belair School 2577 here um forget what road that is is that Lakewood yes okay so just east of Lakewood originally they had requested approval of a 6.3 75t side yard setback variance that would be to construct a new garage an existing single car garage that was torn down here a few weeks ago they're looking at constructing a new 22x 28t garage this lot is 75 ft wide uh because it's considered an under sized lot of record uh they do get an automatic variance and that's why we have the odd uh 375 ft uh request again replacing a single car garage with a 22 wide by 28 deep they are proposing to shift the location of the garage this is the configuration as it is or was before they tore down the single car garage you can see they want to put a two-car garage in they want to shift it towards the uh North so they can get into both doors uh this is a representation uh closer to what they're looking for shifting at about uh approximately 12 feet or so away from the home there so they have enough room to get in and get out variance board uh when they reviewed this they did uh had a discussion with the applicants and they suggested that a 5 foot minimum setback is kind of the norm in the south side of the town there uh that's an area where many Ramblers were built 50s and 60s or earlier many with single car garages so the town has been trying to accommodate homeowners down there by allowing variances as close as 5 ft to a lot line uh for a two-car garage so that was the recommendation of both the Varian board and the Planning Commission to approve a 4.375 ft setback variance that would give them a 5ot side setback um AR have uh considered that and I believe they are agreeable to a 5- foot setback in addition to this request there's also a request for administrative lot uh administrative driveway setback variants basically they have a driveway that's uh into the setback area and would like to put that back in about the same location that does require approval of a administrative driveway variance so two variances administrative driveway variance and then the recommended uh 4.375 ft sidey yard setback variance that's been recommended for approval don't we normally handle the the ordinance number 35 as a consent on the consent agenda versus going through a because the driveway is put back where it was typically the town clerk can approve that and then it needs to be ratified by the town board as being approved for the driveway setback right but isn't a done through consent versus uh I believe they've been done in consent in the past we just put this for the driveway how about for the garage not for a garage no those this in fact because it's less than 6 feet from the side Lot line that's the reason why we have to have a public hearing for this one okay is that it that's all I have the applicant here and then might have some comments for applicants are here okay any questions from the board seem pretty straightforward straight forward all right I'll ask for a motion to open the public portion of the hearing so moved second is there second motions made seconded those in favor please say I I I opposed uh and you are the applicants did you have anything you wanted to add uh sure please identify yourself for the audience I'm Ken AR I'm a homeowner at 2577 County Road f um what Tom presented is pretty much what we're hoping to achieve was we're in agreement with the five foot side setback we decided to rather than have the garage straight back parallel with the lot line we're actually going to angle it in towards the backyard to achieve the 5 foot and get our turning radius in to both stalls a little more easily so the back corner of the garage is going to be rotated yes yeah it would pivot from that Southwestern corner so it's just that front corner that's going to be at 5T right okay yes other than that I really have no comment but can answer any questions if you have any well it's just the town's always try to help residents get a two-stall garage I we know residents like to get their stuff inside and so other residents start looking at it outside but we appreciate you at least compromising with us to get to that five number so it actually works out better for us in the long run so I appreciate the perfect suggestion at the previous meeting okay perfect perfect great thank you thank you are there any any other questions or comments if not I'll ask for a motion to close the public portion of the hearing so move there second second those in favor please say I I I opposed then the uh there we have two action items requested one is for a uh sidey yard setback for the garage and the second is to ratify a Clerk's issuance of an administrative driveway variance uh let lays on to the Planning Commission I'll move based on Planning Commission staff and review uh and recommendations we approve a 4.375 sidey setback variance at 2577 cro F this is to allow a construction of new double garage is there a second second motions made and seconded to approve the 4.375 foot side yard setback variance those in FA at 2577 CL Ro F those in favor please say I I I I any opposed that motion passes and the second action item is uh to ratify the town clerk's Insurance uh I'll move in accordance with Town ordinance number 35 section 9-6 uh point 3E and based on staff review and recommendations and approval we ratify the town clerk issuance of an administrative driveway variance at 2577 County Road f is there a second second motions made and seconded those in favor please say I I I any opposed that motion passes good luck thank you uh next item on the agenda is 7i and that is a 750 public hearing Lakeshore set back variance request a 2609 Southshore Boulevard okay I'll moved the away the reading is there a second second those in favor please say I I I any opposed okay 2906 2609 Southshore Boulevard located in this area right here it's uh close to the lake surrounded by a flag lot on two sides and if this one looks familiar to you this was a request for a variance that was approved by the town back in 2010 and that was for reconstruction of a home actually a cabin um same location but it has an interesting uh setback situation here uh if you can see the highlighted area the blue line is the ordinary high water elevation of White Bear Lake that's where it's supposed to be at on an average basis the town takes a setback measurement from the flood elevation of lakes and water bodies in the town and that's a different elevation that's represented by the highlighted line in yellow right here and it's typically dry ground above the lake but occasionally the water can rise this high again it's considered the 100-year storm water elevation but if you can see on the salisbury's home is right here the setback line is right here it comes around the west side of the home which is kind of a lower area with homes West of there set quite a ways back from the lake but the difference between the setback line and the existing home is 8 ft and uh they're requesting approval of a 42t lak Shore setback variance which would allow them to Simply raise the height of their home by four to 5 ft this is close to the uh uh 100 high water elevation as I mentioned uh separation from a low floor to a flood zone has to be a minimum of 3 ft they couldn't quite get that so instead of uh raising the whole home up they just built a crawl space under there only about 4T High uh this has been their cabin they are considering moving there permanently and uh Mr salisbery would like to put a shop in the basement not habitable area but a shop and utilities and thing like that so they need to raise the height of the home by 4 5 ft because it required a variance for original construction it will require a variance because they're increasing the height and increasing the uh variance request as a result in addition they want to put a deck on the back portion of the home or the Lakeshore portion of the home right here deck would be a uh currently it's a Paving stone patio but this would be above grade it's no closer to the lake even though it's closer to the lake but it's not closer to the setback again because we measured at this point here versus the lake out here if we measure it to the the actual Lake Shore where the lake is wouldn't need a variance it would meet the 50ft setback requirement but because we measure from this 100-year high water elevation it does require approval of the 42t lak shore setback variants so that's what they have requested uh it's been reviewed by the variance board and the Planning Commission and both uh bodies have recommended approval of the variance as requested Tom do you happen to know when the last time Whitebear Lake reached that 100 foot level that 100 Year level I do not okay before the trial hopefully at least 100 years it might not have been that long ago it's been a while all right any questions from the board if not uh I'll ask for a motion to open the public hearing portion Mee is there a second second those in favor please say I I I the applicant here is there anything you would like to add questions okay all right any other comments okay the twins for down eight you have any questions for the applicant eight to nothing in the first then if not I'll ask for a motion to close the public portion of the meeting so move is there second second those in favor please say I I I all right okay so we have two wait let's see well we just have one action item then that's just to uh uh approve a setback variance a 42 foot Lakeshore setback Varian is that correct that's correct yes okay what the pleasure of the board well plan commission when they review this realizes that this is somewhat of an anomaly and period to me it would be more of a hardship not to let him do it than to so I would say uh I move based on Planning Commission and staff review and recommendations that we approve the request for a 42t lak Shore setback variance to allow the existing home/ cabin to be increased in height by 4' 5 in or is that four to 5T that's correct four to five ft okay is there a second second motion is made second of time uh just one quick question on that 4 to five feet parameter is that a critical issue are there are there any height ordinances or restrictions we need to be concerned about that that 5T or anything above four feet might impact yes we do have a height maximum requirement but it is not a concern of this with the four to five feet right it's a rambl all right okay any other if there's no other questions I'll call the question those in favor of the motion please say I I I and opposed all right that motion is passed thank you thank you okay item 7j on the agenda regarding Pine Hill Improvement 2016-1 Mr chair members of the board uh bringing you up to spee the town board has approved the preliminary plats we have authorized the uh preparation of the plans and specifications for this project uh the next activity is the final plat that is on the town board agenda tonight so prior to approval of that final plat we need to enter into a development agreement for the Pine Hill project and that is what is in your packet uh it would be between the township and the North Oaks company LLC uh the development agreement uh walks through the components of what the requirements are it calls out that the owner developer will be uh cover the entire cost of the improvements uh there will be a letter of credit to cover this the dollar amounts that were put through the feasibility project are still what we are using at this point um we have a 1, 366,924 developer owner has already supplied the township with $150,000 so we have a remaining balance of $1,216 n00 for that work the township requires 125% of that as security so that would bring the total amount to 1,5 $2,125 uh that would be through a letter of credit um if going through the actual bidding process and if costs were more than 10% this addresses that where they'd have to increase that letter of credit through this process uh basically we have the $50,000 already uh we'd be uh doing monthly invoices on all the cost that the township is incurred to cover those uh if there was was any issue with the township getting covered on those costs uh you would use that irrevocable letter of credit to cover it so the the township is uh covered no matter uh what happens going forward uh it we also call out with item number five that there will be the Metropolitan Council Services availability charge the town water availability charge and the town sewer availability charge uh these would be placed on each of the building permits at the time of those building permits item number six walks through the owner developer responsibility for the site grading the drainage the private utilities and signage if there becomes additional items regarding lighting and also the Landscaping uh number seven addresses for the park fee that we have land being dedicated with this project so there is no monetary amount so this basically spells out everything between the two entities uh we do have Gary Eagles here tonight for any questions on their end Jim I just had one initial question here when will the uh letter of credit be executed or has it already been done it has not been done at this point well well we there's been discussion that's one of the reason Gary is here okay maybe I answer that all right here Eagles North Oaks company um our board of directors meeting is tomorrow so that's the decision they have to make tomorrow when they want to do that or or we may do just a cash Bond rather than a letter okay so that's what we have to decide Tom so the cash bond is just as acceptable for the township more so actually okay and we'll know that tomorrow tomorrow for sure okay all right so any other questions from the board no so if that uh if that cash bond isn't established or the letter of credit isn't established tomorrow what happens to the development agreement Mr Cherry you won't execute it until it's till that's been satisfied okay so the action item that's requested tonight then is to approve execution of the development agreement but we don't have to execute until we find out about the letter of credit you don't have to put your name on here okay yeah contingent on receiving that so my name doesn't go on here until after that letter credit got an agreement you write the check I can't go that far I have a hard time saying all right is there a motion um I'll make a motion based on Town attorney and staff review and recommendation approve the execution of the development agreement by the town board chair and town clerk is there a second I'll second motion's been made answer seconded to uh approve the execution of the development agreement uh those in favor please say I I I any opposed that motion passes next item is 7 J2 and that's regarding approval of the final plat of Pine Hill so Mr chair members of the board contingent upon that execution of the development agreement um we have done the review of the final plat in your packet there is two of the components the actual final plat and the trail connection exhibit in the supplemental packet has the sanitary sewer easement and the emergency access ease exhibit so there are four pieces to this AC AC ity um we have reviewed the final plat uh it is consistent with the approval of the preliminary plat we have addressed the items in there regarding the emergency access and that's called out in the exhibit uh we have covered all the utilities with drainage and utility easements the attachment for the trail connection takes care of the trail through the development and we also have the sanitary sewer easement which is outside of the Pine Hill development uh in the exhibit shown it is BAS in the southwest corner of that site where we tie into the Metropolitan Council main Interceptor just south of the development project so we have a easement to cover that component outside of the plat is that an Ralph we's property back end of iter oh okay so we have and through our review recommend a approval of the plat with the three components addressing each of the areas the trail the area outside of the development and then that emergency access area within the plat and and those items are on page 257 and 258 of the packet and Pages 46 and 47 of the supplement so we can reference those okay and and we these are the these are the same sketches and drawings that we've been reviewing there been no modifications since our last review correct and we we have just taken care of some minor items to it make sure we meet all of our requirements okay okay any questions on the board so the action item requested by Town engineer and the planner is to approve the final plat of the Pine Hill development so moved is there a second second no further discussion those in favor please say I I I any opposed that motion passes item 7 j3 is approval of plans of specifications and authorized advertisement for bits Mr chair members of the board uh through the preliminary design of the project and through the feasibility study uh the center sewer water sanary s storm sewer the street uh everything was laid out through that process we are currently working with North Oaks on bringing these up to uh conformance with the township um we have uh mostly completed those plans uh it gets into making sure all the the details uh all the items that were in the final plat for easements all that stuff was addressed and we are wrapping up the the final components uh regarding the the tra rail the the any of the removals of conditions out there uh the Water M along H2 so we are very close to completing those just some minor items that we will work with uh North Oaks on those activities uh to continue to meet our construction schedule which uh we call out so that we can have a bid opening on June 15th and then bring to the June 20th Town board meeting uh we are asking for approval of those plans and specifications and authorizing the bidding of the Pine Hills project um we also are asking for uh $4,300 for that process including all the advertisements and everything uh we because this project is uh well significantly over the 100,000 threshold we have to go through the advertisements and Publications in the local newspapers have a 3-week at add time from when it gets first advertised to the bid opening uh so to meet those requirements and to have this back at the June 20th Town board meeting we are asking for approval of those actions tonight uh Gary is there anything else you feel needs to be added to town Engineers report no I think uh Jim and I have been going through all the fine details of what has to be done out there and adding the water main sections we've all agreed to that option too so I think we're fine with what's okay plan all right thank you any other questions from the board so the action item requested is to uh uh to approve the plans of specs and authorized for advertising of bids and also including your statement from your May 11th letter regarding bidding process to be performed for an amount not to exceed $4,300 correct okay they'll move is there a second second any further discussion if not I'll call the question those in favor of the motion please say I I I any opposed that motion passes item number eight on the agenda is added agenda items we have none nine item nine is open time unless Gary has some more comments uh item 10 on the agenda is to receive agenda materials and supplements so mooved is there a second second those in favor please say I I I any opposed item 11 on the agenda is a motion for adjournment is there second second we are adjourned