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031086 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 10, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Mayor Rascop called the regular Council meeting of Monday, March 10, 1986, to order 'at 7:30 P.M. in the City Council Chambers. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, ~ouncilmembers Gagne, Haugen and Stover (Shaw absent) Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, and Clerk Kennelly APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the minutes of the regular meeting of February 24, 1986 as corrected under Fire Lanes (page 4). Motion carried - 4 ayes. CONSENT AGENDA Park Commission Appointment - Michael Jurgens The Park Commission has recommended appointment of Michael Jurgens of 5535 Shorewood Lane to the vacancy on the Commission. Finance Committee Appointments The following people have expressed an interest in being reappointed to the Finance Committee: John Bridge Maria Malooly Steve Frazier Kathy Amlaw Kitty Francen Michael Fonte Haugen moved, seconded by Gagne, to approve the Park Commission Appointment and the Finance Committee reappointments as listed above. Motion carried - 4 ayes. ENGINEER'S REPORT S.E. Area Trunk Water System Report Engineer Norton has received a letter from MnDOT, the District 5 office, indicating that they are proceeding with the approvals needed to obtain a site from them for a water tower, if needed. . . . COUNCIL MINUTES MONDAY, MARCH 10, 1986 page two ENGINEER'S REPORT - continued S.E. Area Trunk Water System Report - continued Administrator Vogt reported on the progress with the Near Mountain Development Agreement. Developer Pflaum does not want to sign the Water petition until a Development Agreement has been signed. Vogt indicated that it could cost $85,000 additional in capital costs to the developers if this project is not levied to 1986 taxes payable in 1987. All the petitions must be received in order to levy the project costs. Pflaum feels there should be an amount built into the contract to reimburse the developers towards their cost of the water system for each outside commection to the system. MnDOT Plans Norton informed the Council of plans by the Highway Department to mill and overlay State Highway 7 from Excelsior east to St. Louis Park. The bid will be let May 23, 1986. ADMINISTRATIVE REPORT Shorewood Oaks - Water Extension Vogt reviewed for the Council the progress of the Shorewood Oaks project. He attended a meeting today discussing the proposal to extend water from the Boulder Bridge system to this project. Clarification - Assistant Public Works Director The Bureau of Mediation Services has determined that the position of Assistant Public Works Director should be included as a member of the unit. Tingewood Letter A letter has been received from Mr. Harmsen of the Bank of Minne- apolis and Trust Company introducing himself as a' new owner of the Tingewood project together with Mr. Erickson. They will be attending the Council meeting of March 24, and request the cooperation of the Council in reinstating the P.U.D. status for the project. Gagne would be in favor of the P.U.D. Zoning if bonds or sureties are obtained. Attorney Froberg stated that the Court case has been completed and a total of $441,672 in liens were filed. This property will now go up at a public auction. Froberg would like to see a title opinion and proof that the property is free from all incumberances prior to reissuing the P.U.D. COUNCIL MINUTES MONDAY, MARCH 10, 1986 page three ~2 PUBLIC HEARING CDBG Fund - Year XII Allocation RESOLUTION NO. 18-86 The Public Hearing was opened at 7:45 P.M. by Mayor Rascop to hear public comment on proposed uses of the Year XII CBDG Funds. A request was made for $2,537 to be used for expenses at the South Shore Senior Center. It was recommended by staff to allocate $13,128 to Rehab of private property. After asking for further public comments and receiving none, Mayor Rascop closed the public hearing at 7:50 P.M. Haugen moved, seconded by Stover, to allocate the Year XII CDBG Funds to: South Shore Senior Center Rehab of Private Property Motion carried by Roll Call Vote $ 2,537. $ 13,128. - 5 ayes. ADMINISTRATOR'S REPORT . Response to South Lake Minnetonka Public Safety Department Stover would like to wait for response from the other Council- members prior to commenting on the letter from Excelsior's manager. Council directed the Administrator to contact the various Councils and request their comments. Cable Commission The Cable Commission would like the area cities to submit information to the Commission for a televised report. This report would be done by a volunteer host at no cost to the cities. Waterford Site Fatality and Injury A summons has been received and turned over to the City Attorney and to the Insurance Company for action. This summons is from a party that was injured at Waterford during the utility installation. HERITAGE RESIDENCE A request for a draft water petition came from Joe Gorecki, representative for the Heritage Residence project. (Gorecki will individually contact all of the property owners along the proposed water extension in an effort to get them to accept an assessment for a water improvement. . Stover inquired as to the percentage of people it would take to accept a petition for the improvement. Froberg indicated that all the affected residences would have to sign the petition or a public hearing would be necessary, 35% of the signed petitioners is necessary in order to hold a hearing. COUNCIL MINUTES MONDAY, MARCH 10, 1986 page four . HERITAGE RESIDENCE - continued Rascop moved, seconded by Haugen, to authorize the drafting of a petition asking for the improvement. Motion carried - 3 ayes _ 1 nay (Stover) ADMINISTRATOR'S REPORT - continued Request for Funding -Minnehaha Creek Watershed Administrator Vogt has requested funding from the Watershed Dis.", trict for a drainage ditch clean out project in the Eureka Road and Mann Lane area. He has an estimated cost of $8200. Christmas Lake Access Plans have been received for the lake access on Christmas Lake. These plans have been submitted to the Engineer, Planner, and Commissions for comments, staff to comment by March 14th. NEAR MOUNTAIN DISCUSSION . Pete Pflaum, developer of the Near Mountain project, was present to explain to the Council his concerns on signing the water petition. He explained that he had been asked by Robert Mason not to sign the petition because Mason was concerned about the manner in which the property would be assessed. A meeting was later he~d between the developers to discuss the allocation of water improvement costs per unit. Mr. Mason has reduced the density of his multiple project and requested a reduction in the assessment. His total units will be reduced from 608 to 534. The area developers cost per unit will go from $1581 to $1684. Haugen felt that Mason should be responsible for the original assessment unless the other developers agree to the increase. Pflaum indicated that the other developers have accepted the increase. Pflaum does feel that there should be a figure agreed upon for reimbursement for connections made outside the project. Gagne does not feel that a payback to the developers is justified because they were the ones that requested the water system. Pflaum asked if preparation of plans and specification could be approved subject to his signing of the petition. Authorization of Plans and Specifications RESOLUTION NO. 19-86 S.E. Area Water Trunk System Stover moved, seconded by Gagne, to authorize the preparation of plans and specification subject to receiving signatures of 100% of the petitioners. Motion carried by Roll Call Vote - 4 ayes. . COUNCIL MINUTES MONDAY, MARCH 10, 1986 page five . ATTORNEY'S REPORT Fire Lane Resolution Attorney Froberg indicated that the meaning of the words "Fire Lane" was unclear. Fire marshall Kuhnly will obtain individual permission from the affected property owners to allow emergency vehicle access. Vine Hill Furniture Violation The complaint has been prepared and will be sworn in when the Planner is available to file it with the court. MAYOR'S REPORT Lake Minnetonka Task Force A Public Hearing will be held by the Task Force on March 12 at the Edina City Hall and March 13 at the Minnetonka City Hall. LMCD Meeting At the last meeting, the LMCD made the determination to outlaw the right to hold bass tournaments on Lake Minnetonka. . COUNCIL REPORTS Staff Liaison Stover requested an executive session to be held at the end of the current meeting for the purpose of reporting to the Council as the staff liaison. Ludwig Award Support RESOLUTION NO. 20-86 Haugen requested the Council's support in the form of a Resolution supporting C. Wayne Courtney, Mayor of Edina, as recipient of the C. C. Ludwig Award. He was very helpful to Shorewood in dealing with the Metro Waste Control Commission. Rascop moved, seconded by Stover, to support the nomination of Mr. Courtney for the Ludwig Award. Motion carried by Roll Call Vote. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the regular Council meeting of march 10, 1986 at 8:53 P.M. subject to an executive session to discuss personnel matters. Motion carried - 4 ayes. . COUNCIL MINUTES MONDAY, MARCH 10, 1986 page six ~ APPROVAL OF CLAIMS AND ADJOURNMENT - continued General Fund 00-00166-02 Checks # 31786 31841 $ 36,966.06 Checks # 200166 - 200182 and # 200194 8,028,44 Total $ 44,994.50 LiqMorFund 00-00174-02 Checks # 4427 4468 Checks # 200183 - 200193 = Total $ 46,685.38 2,393.60 $ 49,078.98 RESPECTFULLY SUBMITTED, Sandra Kennelly City Clerk . Mayor Rascop SLK: sn .