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042886 CC Reg Min CITY OF SHOREWOOD 7:00 APDIT REVIEW 7:30 REGULAR COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD MONDAY, APRIL 28, 1986 . AUDIT MINUTES AUDIT PRESENTATION Jim Maiser and Dean Dallen, representing Mathias, Roebke and Maiser, were present to review the 1985 Audit Report. They went over the management letter and various fund slaaries. Haugen questioned how purchases of non-budgeted items should be handled. Maiser advised that budget amendments were necessary. Stover questioned taxes and special assessment delinquencies. Stover moved, seconded by Gagne, to accept the 1985 Audit Report as submitted. Motion carried - 5 ayes. COUNCIL MINUTES CALL TO ORDER The regular meeting of the Shorewood City Council was called to order at 7:30, Monday, A-priI28'n_1986in the Council Chambers. ROLL CALL . Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne and Haugen. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the minutes of the Special Meeting on April 7, 1986 as written. Motion carried _ 5 ayes. Gagne moved, seconded by Haugen., to approve the minutes of the Regular Council meeting of April 14, 1986 as written. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Garbage Haulers License - Gopher State Trucking (to be added to RESOLUTION NO. 16-86) Mr. William Wrede requested a garbage haulers license. Admin- istrator Vogt requested proof of his Certificate of Insurance. Mr-. Wrede subrhi tted an insurance binder and his certificate. . Haugen moved, seconded by Shaw, to grant his Garbage Haulers License with proper insurance coverage. Motion carried - 5 ayes (to be included with Resolution NO. 16-86) COUNCIL MINUTES MONDAY, APRIL 28, 1986 page two . AMEND AGENDA Haugen moved, seconded by Shaw, to amend the agenda by remov- ing item 12 B - Covington Vine Ridge request to reduce letter of credit, as recommended by Vogt. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover reported that the Commission held a Study Session. They reviewed Interim Ordinance changes for the permanent Zoning Ordinance, church signage,dock regulations and various adjustments and clarifications. They will discuss recrea- tional vehicle storage and fire lanes at a later meeting. PARK COMMISSION REPORT Mike Jurgens reported that the Commission met at Badger Park to determine what is needed for improvements to that Park. Commissioner Lindstrom and Public Works Director Zdrazil in- spected the construction of a Minnetonka warming house for a possible sample for Manor Park. . Commissioner Mary Kooi submitted her resignation, effective as of this meeting. Rascopmoved, seconded by Shaw, to thank Ms. Kooi for her service on the Commission. He directed that a letter of ac- commendation be sent to her. Motion carried - 5 ayes. Jurgens requested that the City cover the costs of the sub- cutting proposed for Freeman Park in exchange for the expenses ~aved by dumping old blacktop in the park instead of disposal at landfills. Rascop was in favor of the money saved by the Public Works Department to be shown as a revenue in the Park Fund. Stover questioned the possible bookkeeping procedures to accomplish this transaction. Shaw and Vogt will discuss the issue and return to the Council with information. Commission would like electricity dubbed into the Christmas Lake access for a security light. Vogt will relay this in- formation to the DNR. The electric company felt it was feas- ible. POLICY ON PLAQUES OF APPRECIATION Council set a 3-year service period to be completed in order to receive plaques of recognition. . COUNCIL MINUTES MONDAY, APRIL 28, 1986 page three . CONSENT AGENDA Appointment of Nancy Buckentine as Secretary/Receptionist effective April 21, 1geb. Swimming pool permit for David Littlefield of 24775 Glen Road. Haugen moved, seconded by Gagne, to approve the two items listed on the Consent Agenda. Motion carried - 5 ayes. CATHCART AREA PROJECT WITHDRAWN Council reviewed the cost of the storm sewer and street im- provement project in relationship to the cost to the affected residents. Gagne felt that only patching should be done to roads other than the roads affected by the water extension. These roads will be fixed in conjunction with the water line installation from Boulder bridge to Shorewood Oaks. Haugen moved, seconded by Stover, to discontinue proposed plans on Project 85-1. Motion carried - 4 ayes - 1 abstain (Shaw). . Mr. Daily asked for clarification of the water line route to the Shorewood Oaks project. Engineer Mogan located the proposed line on a city map. He traced over Smithtown Road, Cajed Lane, Beverly Drive, a portion of Cathcart Drive to Strawberry Circle, and part of abandoned railroad right-of-way to Maple Ave. across Strawberry Lane to the project location. Rascop stated that the ShorewoodOaks developer was paying for the total cost of the line extension. There would be no assessment charged to any residents along the line until they wanted to hook up to the service. NEAR MOUNTAIN DEVELOPMENT AGREEMENT . Developers Pete Pflaum and Mike Pflaum and their engineer, Rick Sather, app~red to request acceptance of their Development Agreement. Staff has recommended acceptance of the agreement that includes a different type of security rather than a letter of credit in lieu of a bond, they will use a performance guar- antee. Froberg explained how this 4-part arrangement operates, and how it would protect the City and cover the costs of im- provements if the developer did not complete the project. Pflaum indicated that he has used this form of security in other projects and it has worked very well. Shaw had concerns that the City may be setting policy and may have to accept this form of guarantee from anyone who may request it. Council would continue to have total authority to determine what type of se- curity is needed on a case by case basis. COUNCIL MINUTES MONDAY, APRIL 28, 1986 page four . NEAR MOUNTAIN DEVELOPMENT AGREEMENT - continued Gagne moved, seconded by Shaw, to approve the use of the form of security, on the Near Mountain project. Motion carried - 5 ayes. Council reviewed the Development Agreement and made various wording changes to be corrected in the final copy of the a- greement. Pflaum requested to expand his first phase and plans to have his subsequent phases approved one phase ahead of development so as not to slow down the construction. The final phase arrangement will be attached to the development agreement. Haugen would like to see that the Fire Department and f;olice Department are contacted and are in agreement with the proposed road plans, for the best protective services to this development. APPROVAL OF THE NEAR MOUNTAIN DEVELOPMENT AGREEMENT-RESOLUTION NO. 34-86 Gagne moved, seconded by Haugen, to approve the agreement as amended. Motion carried unanimously - 5 ayes. COUNCIL BREAK . Council break for student interviews. 8:40 P.M. - 8:50 P.M. BOULDER BRIDGE DEVELOPMENT AGREEMENT AMENDMENT - RESOLUTION NO. 35-86 Administrator Vogt and Attorney Froberg explained to the Council the various changes made in the Development Agreement with Boulder Bridge. Shorewood Oaks will extend the water line to their project, paying all costs of the line. They will not have to pay any connection fees to Boulder Bridge, but at the time that other properties along their line connect, they will remit $4000.00 to Boulder Bridge developers. This $4000 was determined as equal cost to the installation of a new well. Calculations were also agreed upon for additional hook-up where line extensions are necessary. Total payback figure plus interest for developers oversizing cost has been estab- lished at $158,000 plus interest to date. This agreement ex- tends the payback per connection time to expire on June 23, 1998. Gagne requested that the request for mandatory connection rather than allow the replacement of wells be stricter, to comply with the City's current water policy. Gagne moved, seconded by Haugen, to approve the Development Agreement as amended. Motion carried by Roll Call Vote - 5 ayes. . COUNCIL MINUTES MONDAY, APRIL 28, 1986 page five . SHOREWOOD OAKS DEVELOPMENT AGREEMENT - RESOLUTION NO. 36-86 Council reviewed the Development Agreement for Shorewood Oaks project. The Engineer explained the storm sewer system. He indicated that perimeter tiling, both inside and outside, would be installed. The interior tile would require sump pump installation that would dump out onto the lawns. Shaw would like to insure that these sump pumps are not connected at any time to the sanitary sewer system. Gagne asked if the City would end up being responsible for maintenance of the storm sewer system, if so additional costs to the properties serviced by this system should pay additional operating charges. Norton stated that this utility would be turned over along with the other improvements. @agnB mou:~d j' s econdedbyHgugeIDu to.;.!?,-pprovei,the(~Deve;tQpmen t Agreement with Shorewood Oaks as amended to include a main- tainance charge for the storm sewer utility. Motion carried by Roll Call Vote - 5 ayes. . Rascop reviewed for the audience the terms of the agreement with Boulder Bridge and Shorewood Oaks. He also reviewed the water conn~ction costs, $4000 maximum, to residents outside the project areas. Bids will be let June 1st with installa- tion available in August. PLANNERS REPORT Building Permit Request - 20820 Radisson Inn Road Mr. and Mrs. Nelson were present to request issuance of a building permit to add an entry/sunroom combination and deck replacement. Due to title problems with the Tingewood sub- division, N~elsen indicated that a variance would be needed at this time, but after the title problems are straightened out and a combination of his property is completed, a vari- ance will not be needed. Stover moved, seconded by Shaw, to direct the staff to issue the building permit at this time subject to the combination of his property as soon as the title problems are properly cleared up. Motion carried unanimously - 5 ayes. TINGEWOOD DEVELOPERS REQUEST FOR REINSTATEMENT OF BUILDING PERMIT AND P~U.D.ZONING . Jim Harmsen and Robert Erickson requested reconsideration of the Council to reinstate their building permit and P.U.D. zoning classification at this time. They have agreed to complete the 12 requirements requested by Planner Nielsen, but need the re- instatement prior to completion to insure that the Bank of Minneapolis will give them the loan they are requesting to complete this project and straighten out all title problems and payoff liens filed against the project under Adrian COUNCIL MINUTES MONDAY, APRIL 28, 1986 page six . TINGEWOOD DEVELOPERS REQUEST FOR REINSTATEMENT OF BUILDING PERMIT AND P.U.D. ZONING {cont.) Johnson. Harmsen stated that Mr. Erickson was purchasing lots 1-10 and that Clarkes will have Lot 11, and Nelsons - Lot 12. Shaw moved, seconded by Haugen that the City Council favors clearance of the title problems regarding all Tingewood prop- erties and favors further discussion with the developers and contractor for consideration of a new request for P.U.D at the time of completion of the 12 items listed at the Council meeting of April 14, 1986. After recommendation of Planner Nielsen, Shaw amended his motion to consider "reinstatement" of P.U.D rather than consider "new" request for P.U.D. Seconder Haugen accepted the amendment. Rascop offered an amendment to Shaw's motion, to read "rein- state" P.U.D. rather than "consider" reinstatement at the com- pletion of required 12 items previously listed. No second was offered. Shaw's motion was approved - 5 ayes. . Nielsen questioned the continuation of occupancy by a renter in one of the units. The Council felt that the tenant should be out within 30 days unless the 12 items are completed, at which time he will be able to stay. ATTORNEY'S REPORT Christmas Lake Access Resolutions Attorney Froberg determined that all Resolutions submitted and posted regarding this property were needed. Only the Division Resolution needs to be filed at the County level, all other HcRe.$oL uibllion8'i wi 11 e b@.Lr:bliedninl1theiC:,:tty 's t':B.eili olutlliobo b &oimi:b&lly . Nephew Lawsuit Update No Agreement was made at the pre-trial level. The trial date is set for September 8th, at which time we are going to request that the City be dismissed from the wuit. ENGINEER'S REPORT . Approval of Plans and Specification and Authorization of Bids for the SE Area and Shorewood Oaks Projects Engineer Mogan presented a description of Project 86-1 and Project 86-2. These projects will be bid together in an effort to obtain the best bid price. Mogan recommends approval of plans and specifications and authorization to advertise for COUNCIL MINUTES MONDAY, APRIL 28, 1986 page seven . Approval of Plans and Specification and Authorization of Bids for the SE Area and Shorewood Oaks Projects (cont.) bids. Bids to be taken on May 30, 1986, at 11:00 A.M. Approval of Plans and Specifications, Streets, Curbs RESOLUTION 38-86 Gutters, Sub grade Correction and Right..."'handnTurn Lane - Hwy 7 Haugen moved, seconded by Gagne, to approve plans and specifi- cations and advertisement for bods. Motion carried by Roll Call Vote - 5 ayes. A Approval of Pla~t)Specifications and Authorization to RESOLUTION 39-86 Advertise for Bids - SE Area Trunk Waterline Haugen moved, seconded by Gagne, to approve plans and specifi- cations and authorize advertisement for bids. Motion carried by Roll Call Vote - 5 ayes. Approval of Plans and Specifications and AuthorizatRESO[)'u))],TGH\E\i40..,...86( tion of Advertisement for Bids - Shorewood Oaks Trunk Waterline-- . Haugen moved, seconded by Gagne, to approve plans and specifi- cations and authorize advertisement for bids. Motion carried by Roll Call Vote - 5 ayes. Waterline Removal - Murgin Property Plans have been prepared to remove the existing waterline from Murfin property and to connect the City Hall, City Garage, Badger Park building and the pumphouse to the Badger Well water- line. Advertisement for bids will be printed 10 days in ad- vance of bid opening scheduled for May 12, 1986. Haugen informed the Council that Mr. Murfin may be selling the property and we may be able to deal with the new owner on the waterline issue. Council took no action to change present plans to remove the waterline. ADMINISTRATIVE REPORTS 5-Year Recreation Capitol Improvements Program RESOLUTION #41-86 . LAWCON and LCMR grants are being applied for again in 1986. It is necessary to accompany the grant application with a Resolution adopting a 5-year capitol improvement plan. Rascop questioned whether the City is legally bound to follow that plan if the grant is applied for. Froberg stated that we were obligated to comply with the application as applied for if the COUNCIL MINUTES MONDAY, APRIL 28, 1986 page eight . 5-Year Recreation Capital Improvements Program (cont.) grant money is received. Rascop moved, seconded by Haugen to adopt the 5-Jear Oapital Improvements Plan changed by Resolution. Motion carried by Roll Call Vote - 5 ayes. May Council Meetings Due to the Memorial Day holiday, Council meetings will be held ~ May 12 and 19th. Board of Review will be held on May 22nd at 7:30. Finance Committee Appointment and Continuation Two letters of interest regarding becoming Finance Committee members have been received from William Bohnhoff and Edward Shyder. Haugen moved, seconded by Rascop, to continue the existence of the Finance Committee. Motion carried. . Rascop moved, seconded by Stover, to appoint Mr. Bohnhoff and Mr. Snyder to the Finance Committee. Motion carried - 5 ayes. MAYOR'S REPORT Citizen Survey Rascop reported on a firm that is doing surveys on boat count- ing. He feels the service is reasonably priced. He recommends budgeting funds next year to do City census surveys. Police Department Consultant Report A proposal from a consultant has been received. He is willing to discuss the proposal with the Council at no charge. Rascop would like to see responses from the other joint powers cities presented at the joint Council's police meeting, prior to talking to the consultant. Shaw felt that no response con- stitutes no change. Haugen feels the proposal presented was the Police Chief's proposal and represented the other 3 joint powers cities. Shaw felt that no communication exists getween the cities. Gagne moved, seconded by Haugen, to direct that a letter be sent requesting a response from Excelsior regarding police con- tract compromises. . COUNCIL MINUTES MONDAY, APRIL 28, 1986 page nine . Police Report - Activity Report Reports reviewed alarm reports, clearance rates, and first quarter budget. They discussed suggested Alarm Ordinance changes. LCMD Rascop reviewed the new BWI (Boating While Intoxicated) law on Lake Minnetonka. Boulder Bridge requested moving some dockage from the lagoon out onto the lake. This request was denied, but a reconfig- uration was approved in the lagoon. COUNCIL REPORTS Removal of Stop Sign RESOLUTION #42-86 Gagne moved, seconded by Stover, to remove the stop sign on Country Club Road at Echo Road. Motion carried by Roll Call Vote - 3 ayes - 2 nays (Rascop and Shaw). Removal of No Turn Signs RESOLUTION #43-86 . Haugen moved, seconded by Gagne, to remove the "no left turn" sign and posts, post "no through street" sign and request the County to remove their "no right-hand turn" sign at Christmas Lake Road and Mill Street. Resident Rick Dyer expressed his concern of a dangerous situation due to the narrowing of the road because of the placement of the posts. This area is where children wait for the school bus. Notion carried by Roll Call Vote - 4 ayes - 1 nay (Shaw). Hooper Lake Road Request Shaw moved, seconded by Gagne, to direct staff to request re- moval of the "no turn" sign on Hooper Lake Road. Motion car- ried - 4 ayes - 1 nay (Stover). Proposal To Purchase 5790 Country Club Road Gagne requested staff to obtain information on the purchase of 5790 Country Club Road. Council authorized the Administrator to make an offer on the property, price to be discussed after the offer has been responded to. David Hoo questioned the use of the property. It would be used for office expansion. Job Description Meeting . The Council will review the Job Descriptions drawn by each em- ployee. This review meeting will be held May 13, 1986 at 7:30 P.M. COUNCIL MINUTES MONDAY, APRIL 28, 1986 page ten . APPROVAL OF CLAINS AND ADJOURNMENT Rascop moved, seconded by Shaw, to adjourn the Regular Council meeting of April 28, 1986 at 12:20 A.M. subject to approval of 1ela:hms .1uMoiblilonLtCatr.med,mnambmoili.l;3"ly 5 !},Iayes. General Fund - Acct #00166-02 Regular Checks # 31944 - 32001 Payroll Checks # 200249 - 200264 $ 80,604.08 8,421.15 $ 89,025.23 Liquor Fund - Acct #00174-02 Regular Checks # 4557 - 4593 Payroll Checks # 200265 - 200278 $ 28,700.95 2,437.86 $ 31,138.81 RESPECTFULLY SUBMITTED . Sandra L. Kennelly Mayor Rascop .