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032486 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 24, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Acting Mayor Stover called the regular Council Meeting of Monday, March 24, 1986, to order in the Shorewood Council Chambers at 7:30 P.M. PLEDGE OF ALLEGIANCE Acting Mayor Stover opened the meeting with the Pledge of Al18giance and a prayer. ROLL CALL Present: Acting Mayor Stover, Councilmembers Haugen and Gagne. Absent: Mayor Rascop and Councilmember Shaw (vacation). Staff: Attorney Penberthy, Engineer Norton, Administrator Vogt and Deputy Clerk Niccum. APPROVAL OF MINUTES Gagne moved, Haugen seconded, to approve the minutes of the regular Council Meeting of March 10, 1986 as amended on pages 3 and 4. Motion carried - 3 Ayes. PARK COMMISSION REPORT CHRISTMAS LAKE ACCESS Administrator Vogt recommended that the Christmas Lake Access discussion be deferred until the Council. Meeting of April 4, 1986 SILVERWOOD PARK/LOAN PAYOFF TO SEWER FUND Gagne moved, Haugen seconded, 'to accept the Park Commission recommendation to repay the loan in the amount of $20,000, plus any interest due to the Sewer Fund. The money is to be paid out of the Park Capital Improvement Fund. (This money was borrowed in June, 1985, to pay for "Silverwood Park"). Motion carried - 13 Ayes. CONSENT AGENDA GARBAGE COLLECTORS LICENSES Haugen moved, Gagne seconded, to remove Garbage Collectors Licenses from the Consent Agenda - Motion carried - 3 Ayes. CABLE COMMISSION APPOINTMENT Dean Johnson - 5875 Cathcart Drive. Haugen moved, Gagne seconded, to approve the Consent Agenda. Motion carried - 3 Ayes. -1- REGULAR COUNCIL MEETING - 2 - MARCH 24, 1986 . GARBAGE COLLECTOR'S LICENSES RESOLUTION NO. 21-86 Haugen moved, Gagne seconded, to approve the following Garbage Collector's Licenses: 1. B.F.I. (Browning-Ferris Industries) 2. Crosstown Sanitation 3. Quality Waste Control 4. R & W Sanitation 5. Waste Management 6. Westonka Motion carried by roll call vote - 3 Ayes. . TEMPORARY SIGN PERMIT Lakeshore Equipment Sales - 19285 State Highway #7 Planner Neilsen explained that Lakeshore Equipment Sales erected a blinking sign and banner without applying for a permit. He told them to remove both signs and they have done so. They have also put up 2 docks, a canopy and a trailer for display purposes. Haugen moved, Gagne seconded to approve the temporary sign permit providing that: 1. All docks, canopies, and trailers being displayed outside be removed and, 2. Contingent upon the Planner's recommendation that the permit be granted for seven (7) days only. Motion carried - 3 Ayes. S.E. AREA TRUNK WATER STATUS REPORT Administrator Vogt said Mike Pflaum of Near Mountain and Robert Mason of Waterford are still negotiating and are close to a solution relative to obtaining the final petition. Councilmember Haugen asked what the last date is that they can get project costs on the 1987 assessment roll and Administrator Vogt replied October 10th, 1986. Councilmember Gagne mentioned that wintertime costs would be much higher. . SHOREWOOD OAKS DEVELOPMENT AGREEMENT/WATER REQUEST STATUS REPORT Administrator Vogt said they are close to a decision on the Develop- ment Agreement, the finalization of it depends on the water situation He sent a copy of the petition to Mr. Johnson in the hospital. Engineer Norton said a cost not to exceed $300,000 is a safe figure. He also said they are now working in the Shorewood Oaks DevelopmEmtt Administrator Vogt said Shorewood Oaks water can be part of the S.E. water bond issue. He has talked to the bonding consultant who said it would not be a problem to combine the two. -2- . . . REGULAR COUNCIL MEETING MARCH 24, 1986 - 3 - SHOREWOOD OAKS DEVELOPMENT AGREEMENT (CONTINUED) The City of Shorewood and Mr. Tom Wartman of Boulder Bridge are negotiating on a time extension as well as other possible changes in the Development Agreement for Boulder Bridge Farm. RESOLUTION NO. 22-86 Haugen moved, Gagne seconded, that a Resolution be prepared directing the City Engineer to prepare a Feasibility Report on the water main, streets, curb and gutter, and the Highway #7 turn-off lane with the understanding that the developer of Shorewood Oaks has agreed to pay the costs. Motion carried - 3 Ayes. Haugen moved to table further discussion on the Shorewood Oaks until a full Council is present, Gagne seconded the motion. Motion carried - 3 Ayes. PLANNING REPORT Near Mountain Development Agreement Status Report Planner Nielson said the Council may see a draft Development Agreement at their next meeting if all of the details can be worked out. Smithtown Circle - Petition for Public Improvement This subdivision, rezoning and platting, was approved on 1979. A letter of credit was received.a.p(j. the park fees were paid. The equatization charges still have to be made. The owner is requesting that the City consider bonding for the improvements and assessing the costs back to the property so that the owner can get a building permit. Mr. Steve Plowman appeared to discuss having a Feasibility Report done. The Council informed him that it would be at his cost and risk, because at this time they can't quarantee bonding. He also asked if there was anything he can do to expedite things. The Council suggested he gather and present some background information, such as why the project didn't go forward in 1979, and send this information to the City. Planner Nielsen also suggested that he get going on the title opinion. Haugen moved, Gagne seconded, to table the issue until a full Council is present. Motion carried - 3 Ayes. Brom's Market Planner Nielsen mentioned that "Brom's Market" is displaying signs of reopening. He will write a letter to Mr. Mason and Mr. Girpinski stating that there may be some concern over re- opening the market, that the issue will be discussed at the next meeting, and that one member of the Council showed concern over health problems in connection with the,motorhome on the property. -3- REGULAR COUNCIL MEETING -4- MARCH 24, 1986 . ATTORNEY'S REPORT Nephew Law Suit Update Attorney Penberthy said Attorney Froberg has contacted our insurance company and informed them that the City is considering putting inia storm sewer for the entire area. Administrator Vogt said the 1984 cost for that area was $64,000. Nephew's insurance company wishes to settle out of court and wants the City to put in a tile line. ENGINEER'S REPORT Cathcart Area Proposed Project Engineer Norton said the reason for high cost on the Nephew property is because there is a 30" - 36" pipe going through this area. The total estimated storm sewer cost is $300,000. *Correction: Feasibility Report - page four Typical Lot Assessment Lot 6, Block 2, Afton Meadows a. Street Construction . Concrete Curb & Gutter 24' FF (9 Tons) 140' @ $52.39 Haugen suggested they discuss the Feasibility Report when the whole Council is present. Sewer Request - Craig Kouba - 3520 State Highway 7 Engineer Norton was contacted by Mr. Kouba, who owns a house in Chanhassen that was moved there as part of the preliminary work done for the Shorewood Oaks Development. The sanitary sewer and service has to come through Shorewood and the Shorewood Oaks project. Sewer service was installed in January. Gagne moved, Stover seconded, to accept Engineer Norton's recommend- ation to hook up Mr. Kouba's home at 3520 State Highway 7 to Shore~ wood sewer service and allow occupancy. Motion carried - 3 ayes. ADMINISTRATIVE REPORT . Murfin Letter A letter was received from Mr. Murfin's Attorney, Robert W. Reutiman, Jr., and dated March 21, 1986, whereby Mr. Murfin stood by the letter sent to Shorewood by him on March 10, and stated that Mr. Murfin expects a reasonable reimbursement of $50 a day for everyday after March 19, 1986, until the water main is removed. -4- REGULAR COUNCIL MEETING -5- MARCH 24, 1986 ~ ADMINISTRATIVE REPORT continued Murfin Letter continued Attorney Penberthy said Mr. Murfin has to show damage to warrant $50 daily from March 19th on. Haugen moved, Gagne seconded, to have Administrator Vogt do whatever is necessary to remove the pipe and put City Hall and the Public Works Garage on the Badger Water System. Motion carried - 3 ayes. Robert Marshall - Notice of Claim Administrator Vogt informed the Council that Robert Marshall is considering a law suit with the City because he ran into a dirtpile in the ditch off of 3rd Avenue. Vogt has informed our insurance company of the possible claim. Temporary Secretary Position Discussion Administrator Vogt said a nKelly Girl" has been hired temporarily from 12:30 to 5:00 PM to cover for Patti Helgesen due to medical problems relating to her pregnancy. An ad has been placed for a full-time temporary person while Patti is gone. ~ Councilmember Stover said she hoped the Receptionist/Secretary could become a permanent position. Administrator Vogt asked what pay to offer. The Council said up to the midpoint of $5.50 per hour. Response to Police Department Draft Contract Haugen moved, Gagne seconded, to table the response until a full Council is present to do the appropriate work. Motion carried - 3 ayes. A special meeting is set for April 7, 1986 at 7:00 to discuss the issue. Proceeding with Public Works Equipment Purchase Administrator Vogt said that replacement of the 1976 Ford is in the budget and they are now proceeding with specs to take bids. . Race Routing Approval Request Gagne moved, Haugen seconded, to recommend approval of the Easy Race on April 27, 1986, and that Administrator Vogt send a letter of approval. Motion carried - 3 ayes. Minnehaha Creek Watershed District Maintenance and Repair Fund The Shorewood request for funding to alleviate the Eureka Road drainage problem was denied. Nine applications were received, four were funded. Out of $160,000 requested, $31,000 was avail- able. Richfield and the Minneapolis Park Board received the majority. -5- . ~ . REGULAR COUNCIL MEETING -6- MARCH 24, 1986 ADMINISTRATIVE REPORT continued Corridor Study Administrator Vogt attended a meeting on the Corridor Study. They showed videos and the Vine Hill Intersection was given #1 priority as the worst problem on the corridor. He also said we have received a bill for $5000 for our share of the study. A report and recommendation as to payment of the bill will be presented at a future meeting. BURNED OUT BUILDING - 5580 COUNTY ROAD 19 Councilmember Gagne showed concern for the dangerous state of the building, afraid someone might get hurt. Planner Nielsen said the insurance company is involved in a contra- versy, and the Fire Department will not tear the building down until the cause of the fire is determined. An electrical test has to be done and it costs a lot of money. Council asked the City Attorney to check and see if the City can P~W the cost and assess it back to the property. Councilmember Gagne also mentioned the general appearance of the area, referring to the cars at "Limefire" and the trailers at "Driskills". FINANCE COMMITTEE The Auditor and the Finance Committee will be present at the April 28, 1986, meeting to review the Audit Report for 1985. MAYOR'S REPORT none COUNCIL REPORT none APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, Gagne seconded, to adjourn the regular Council meeting of March 24, 1986 at 9:35 PM subject to approval of claims. Motion carried - 3 ayes. General Fund 00-00166-2 Checks # 31842 - # 31886 = $ Checks # 200195 - # 200209 Total 84,461.24 7,884.35 $ 92,345.59 -6- . . . REGULAR COUNCIL MEETING -7- MARCH 24, 1986 APPROVAL OF CLAIMS AND ADJOURNMENT continued Liquor Fund 00-00174-02 Checks # 4469 - # 4527 Checks # 200210 - # 200221 Total Respectfully Submitted Sue Niccum Deputy Clerk $ 50,347.25 2,434.51 $ 52,781.76 Mayor Rascop