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120886 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 8, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order at 7:30 P.M. Monday, December 8, 1986 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council Meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Gagne, Haugen, Shaw and Stover. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, and Clerk Kennelly. APPROVAL OF MINUTES Haugen moved, seconded by Gagne, to approve the minutes of the Regular Council Meeting of November 24, 1986 to include corrections on page 2, Motion carried 5 ayes. MATTERS FROM THE FLOOR . Woodhaven Well Discussion Mayor Rascop was informed on Thanksgiving morning at 6:30 A.M. that the well was not functioning. Stan Anderson of Munitech was present to explain the problem. The cause was a faulty valve that caused the loss of our pressure in the water tank so no water could be pumped to the house. Chris Pehle, of 22075 Stratford Place questioned the reasons why the well has gone out 5 or more times in the past year. Stan Anderson explained the various problems, none of which have been major problemsf But/each causes an immediate loss of water be- cause the storage tank loses pressure immediately unlike the tower type having gravity pressure. Anderson referred to the main tenance procedures now being followed. This should help to eliminate further break downs but there will always be some problems that are inforseeable. Colleen Brown questioned whether the design and capacity of the system was adequate to service the existing homes and additional homes. Engineer Norton confirmed the proper design of this system and that it could adequately service 169 homes. He also referred to a letter confirming adequate fire protection capacity from the former ~ire Marshail Rand. . -1- COUNCIL MINUTES MONDAY, DECEMBER 8, 1986 page two . Woodhaven Well Discussion - cont. Rascop supported Munitech for their high level of service and their quick response time. He indicated that a continuing schedule of good maintenance should alleviate additional problems and if design is any part of the problem, in the future this will be corrected. PLANNING COMMISSION REPORT Stover referred to two of the issues on this agenda that had been discussed at the last action meeting of the Planning Commission. There is a scheduled Public Hearing to hear a request to vacate a portion of Ferncroft Drive to Lake William and a comprehensive plan and zoning amendment on Chaska Road for the Excelsior Farm and Garden store. Both of these requests were denied by the Planning Commission. . 7:45 PUBLIC HEARING Denial of a Vacation of a Portion of Ferncroft Drive RESOLUTION NO. 135-86 Mayor Rascop opened the Public Hearing at 7:56 P.M. for public comment on the vacation of a portion of Ferncroft Drive. Mark and Jack Swedlund presented there request to vacate a portion of a "fire lane" at the end of Ferncroft Drive to add to their subdivision in order to create an additional building lot. Rascop closed the Public Hearing at 8:00 P.M. after asking for public comment and receiving none. Gagne moved, seconded by Stover, to deny the request for vacation of the '~ire lane" as recommended by the Planning Commission and a previous decision of the Council not to vacate. Motion carried by Roll Call Vote - 5 ayes. CONSENT AGENDA APPROVAL Haugen moved, seconded by Gagne, to remove item A - Animal Control Contract from the Consent Agenda. Gagne moved, seconded by Haugen, to remove item D - Kenko Payment Voucher from the consent agenda. Stover moved, seconded by Rascop, to remove item H -Precinct boundary change from the Consent Agenda. Haugen moved, seconded by Gagne, to approve B - 1986 Budget Amendment and Liquor Fund ; the following items: transfers as listed: Amendment Corridor Study Logo Pins Estimated Cost 5,000 700 Funds From . Administrators Insurance Labor Relations Kelly Girl Sec'y Receptionist House Purchase Lights-City Hall Steps 2,500 5,000 3,300 6,700 31,338 613 Excess Revenues Excess Revenues! Sale of pins Excess Revenues Excess Revenues Excess Revenues Excess Revenues Public Wrks Equip. Excess Revenues -2- . . . COUNCIL MINUTES MONDAY, DECEMBER 8, 1986 page three CONSENT AGENDA APPROVAL - cont. C - Appointment of Jim Maiser as the auditor. E - Payment Voucher #2, Project November 86-1 and 86-2 to La Tour Construction in the amount of $8908.38. F - Payment Voucher #3, Project 86-3 to Volk Trucking and Excavating in the amount of $14,818.75. G - Payment Voucher #4 and Final, Project 86-1 to E.H. Renner & Son's, Inc. in the amount of $21,352.50. Motion carried - 5 ayes. Item D - Kenko Payment Voucher. Gagne questioned whether the road repairs were done by Kenko or paid for by Kenko relating to repairs that were needed to Covington Road and done by the City. Engineer Norton indicated that all costs will be deducted from the payment. Gagne moved, seconded by Haugen, to approve Payment Voucher No. 9 and Final, Project 84-5, to Kenko Inc. in the amount of $79,055.99 less previous costs to repair Covington Road. Motion carried - 5 ayes. Item H - Election Precinct Boundary change - Stover would like to retain Precinct IV (Islands) and asked Clerk Kennelly what is nec- essary to retain this precinct. Kennelly stated that the polling place, a garage, is very difficult to heat and has had a great deal of difficulty finding judges to work this precinct. If a new lo- cation can be found and election judges can be obtained, the ballots can be counted at another Precinct in the new scanning equipment. This would require an additional set of prom packs to be installed in the scanner after the counting procedure has been completed in the precinct. The cost of the prom packs will be $450.00 additional. Gagne moved, seconded by Stover, to retain Precinct IV without scanning equipment and authorize the purchase of the additional prom packs. Motion carried - 4 ayes, 1 naye (Shaw). Item A - Animal Control Contract - Midwest Animal Control. Stover would like the contract amended to require proof of ob- taining a dog license prior to the dog returned to the owner. Haugen moved, seconded by Shaw, to approve signing the contract as amended, with Midwest Animal Control. Motion carried - 5 ayes. CORRIDOR STUDY DISCUSSION Rascop explained to the audience that the Corridor Studyencom- passes areas of Highway 7 from Highway 101 west past Highway 41. This study has been divided into 4 areas of which staff & Council have attended meetings on each of these areas as they affect Shorewood. A special meeting with Excelsior Council prior to this meeting to hear their concerns was held. Planner Nielsen reviewed each area of the study and the recom- mendations of BRW, the firm preparing this study, and the recommendation the City supports. He pointed out the pro- posals for the audience on an overhead projector ~nd answered residents questions as he reviewed each area. The proposals in- clude expanding to 5 lanes, adding turn lanes, eliminating some current accesses, adding service roads along the highway, redi- rect traffic through existing roads to accesses and add lights at County Road 19. -3- . . . COUNCIL MINUTES MONDAY, DECEMBER 8, 1986 page four CORRIDOR STUDY DISCUSSION - cont. The City questioned service roads that are proposed through areas of great elevation changes, and will not support these proposals. Bruce Benson of 5820 Christmas Lake Road submitted a letter and petition signed by 100% of the residents on Christmas Lake Road and Christmas Lane, requesting the culdesacing of these roads. The land needed for the culdesac has been donated by Rodney Peterson. The area residents are even willing to pay for the improvement. $250,000 has been allocated for improvements to the Christmas Lake intersection. The residents would like the city to approve the culdesac prior to the improvements on the Christmas Lake Road and Highway 7 improvements. COUNCIL BREAK - 9:23 to 9:32 CONTINUATION OF CORRIDOR STUDY DISCUSSION Rascop explained the reasons for MnDOT and the Metropolitan Council requiring the corridor study at this time. Shorewood proposed a new intersection with full access to the south and a new collector street, Old Market Road, to alleviate the traffic problem at the current intersection of Vine Hill Road. The cost would be borne by the developer of Trivesco. Minnetonka was opposed to Shorewood's proposal. BRW is now proposing a 1 million dollar bridge over Highway 7 from Covington Road to St. Albans Bay Road. They do not address any improvements to these roads. The proposal simply creates a north/south flow of traffic leading through residential streets. Mr. and Mrs. Buesgens, Betsy Robertson and Attorneys for Jim Pyle, owner of the Skipperette, spoke in opposition of a new intersection. They feel the intersection will cause additional accidents, addi- tional traffic through Shady Hills, and will reduce business for the commercial area. Andrew Schmidt of Video Update feels there would be no decrease in business traffic with the new intersection and new access road. He feels a safer intersection and good service road will create additional business traffic. City recommendations are to be to the Metropolitan Council by 1/31/87, Metropolitan Council will then review and submit their response to MnDOT. Council will actona recommendation for Met Council at the 2nd meeting in January. COUNCIL BREAK - 10:25 to 10:20 EXCELSIOR FARM & GARDEN STORE - PRELIMINARY APPLICATION FOR COMP PLAN AMENDMENT Mr. Dick Mattila of 6020 Chaska Road, and his Attorney Leroy Hauglund asked the Council to consider a request to rezone his property to C-3 (Commercial) to allow the relocation of the Excelsior Farm and Garden Store. Mr. Mattila's realtor, Ed Yaeger, indicated that the pro- perty was for sale for 6 months and did not sell as a residential site. They feel because of the R-C use next door and Highway 7 traffic, that this is not a good residential site. The current zoning is R-2. This request would require rezoning and a comp plan amendment. Mr. Mattila felt he could get a petition from neighbors to support his request. -4- COUNCIL MINUTES MONDAY, DECEMBER 8, 1986 page five . EXCELSIOR FARM & GARDEN STORE - PRELIMINARY APPLICATION FOR COMP PLAN AMENDMENT - cont. Stover felt the R-C was a good buffer between commercial and residential, but the request is not allowed in the R-C zone. Gagne felt this location was a poor location for residential. Shaw felt this request could be a reasonable use. Council in- dicated that he could return to the Council with a formal ap- plication for rezoning accompanied by a petition from the neighbors. WILD DUCK 2ND ADDITION - OUTLOT A DISCUSSION Jim Dutcher asked the Council what can be done to his Outlot A at the end of Wedgewood Road. He reviewed the history of his 2 family development in that area. Haugen referred to a document that prohibited any structures, topography changes or use for parking. This document was not filed with the subdivision as agreed upon when the 2-family density was allowed. The Council will support this easement even though it was not filed. Dutcher has been asked by Tonka Bay for a portion of this pro- perty to use as additional park land. The Council has no ob- jection to that use. GWK ADDITION - FINAL PLAT RESOLUTION NO. 136-86 . Tom Wickenheiser submitted a final plat for approval containing 2 lots on Yellowstone Trail with an Outlot with access to Wiltsey Lane. This would allow further development at a later date. Gagne moved, seconded by Stover, to approve the final plat subject to the planners recommendation. Motion carried by Roll Call Vote - 5 ayes. CURFEW ORDINANCE - 3RD READING Stover began the discussion supporting the past amendment and sees the need for uniform curfew times to be set for the sur- rounding cities. But she feels the time limitations are the only restriction needed for a curfew Ordinance. Possible ju- venile problems should be handled outside of this Ordinance. Council feels the City Attorney should draft a curfew Ordinance instead of the Police Department. Gagne moved, seconded by Rascop, to accept the 3rd reading and adopt the Curfew Ordinance. Adoption denied 1 aye Gagne to 4 nayes. . PLANNERS REPORT City Hall/Badger Park Concept Plan Review Planner Nielsen submitted a plan showing added landscaping, park- ing lots with stripes, opaque screening of tennis courts, berms to screen off City Building from residential views, walk way addition to City Hall and many other suggestions. He noted many current non-compliance s to the City Ordinances such as setbacks, metal buildings, outdoor storage, curbs and parking lot striping. The issue of cost of landscaping and possible relocation of the Public Works Department was discussed. Council thanked Nielsen for the presentation and all the work done on it. -5- COUNCIL MINUTES MONDAY, DECEMBER 8, 1986 page six . PLANNERS REPORT - cont. Near Mountain P.U.D. Status Report The 10th Addition will be submitted in January for approval. In February they will be submitting plans for the SE corner of the property. These plans will be changed from townhouses to single family homes, with a reduction of 30 units. New Planning Commission Member Mr. John Annin of 20885 Radisson Inn Road has expressed his in- terest in the vacancy on the Planning Commission. Council di- rected a letter to be sent to him thanking him for his interest and inform him that applications are still being accepted. ATTORNEYS REPORT Prosecution Matters Froberg reported that the Gray sodomy case was dismissed declaring the State sodomy law unconstitutional according to Hennepin County District Court. The Minnesota Attorney Generals Office is filing an appeal to the Supreme Court. They will be doing the prosecution. The City Attorney will no longer have to be involved unless appeal is won. LMCD Grant Loan Agreements RESOLUTION NO. 137-86 . Attorney Froberg submitted two loan agreements between the Metropolitan Council and the City of Shorewood, and, the LMCD and the City of Shorewood. Gagne moved, seconded by Haugen, to accept the agreements as submitted and authorize the signature on the agreements by the Mayor. Motion carried by Roll Call Vote - 5 ayes. ADMINISTRATIVE REPORTS Budget Amendments - (Computer Purchases) The staff has proposed to purchase an IBM AT system, monochrome display, dot matrix printer for the Finance Department at an estimate cost of $6,000.00. Also a typewriter is needed for the front desk. Cost is estimated to be $700.00 to be charged to the General Government Services Department. Funds for these purchases are available in the 1986 budget from interest expense not being used inthe General Fund. Planning and Zoning would like to purchase an IBM XT system, monochrome display, letter quality printer and hardware. The revenues are available in the overage from the building permit revenues, estimated cost of $4,500.00. . Haugen moved, seconded by Gagne, to approve the above requests and approve the budget amendments as stated. carried - 5 ayes. Sewer/Water Budget Council reviewed the Sewer/Water budget for 1987 within a memo dated December 4, 1986 from Administrator Vogt. Haugen moved, seconded by Gagne, to accept the Sewer/Water budget as submitted. Motion carried - 5 ayes. purchase Motion -6- COUNCIL MINUTES MONDAY, DECEMBER 8, 1986 page seven ADMINISTRATORS REPORT - cont. . Sewer/Water Budget - cont. Stover moved, seconded by Gagne, to have staff do a rate study and return to Council by June 1, 1986. Union Update Vogt stated that he is still opposing the higher salary for sewer line cleaning. Haugen indicated that private industry is cutting back on medical benefit coverage. Shady Hills Back-Up The sewer back-up damage to two residents of Shady Hills has been covered by the City insurance carrier. Conrad Schmid Retirement Party There will be a retirement party for Conrad Schmid, 9 year member of the Park Commission. It will be held on December 15, 1986 at the American Legion. MAYORS REPORT There will be a luncheon held on December 19, 1986 at 12:30 by the Hennepin County Board regarding recycling. Vogt will be attending. . COUNCIL REPORTS Christmas Lake Road Petition Stover moved, seconded by Haugen, to direct the staff to complete a report on Christmas Lake Road dead end request including rec- commendation from Police and Fire Departments. Motion carried - 5 ayes. THANK YOU FROM TAD SHAW AND ADJOURNMENT Council member Shaw thanked the Council and Staff for 8 good years on the Council. Shaw moved, seconded by Stover, to adjourn the December 8, 1986 Council meeting at 12:37 A.M. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. GENERAL FUND - Account # 00-00166-02 Checks # 32808 - 32954 = Checks # 200811 - 200825 = Checks # 200839 - 200860 = Checks # 200875 - 200900 (General) $292,618.49 7,839.61 7,545.46 9,425.88 $317,429.44 (Liquor) $3,063.04 $3,063.04 LIQUOR FUND - Account # 00-00174-02 . Checks # 5090 - 5145 Checks # 200826 - 200838 Checks # 200861 - 200874 Checks # 200901 - 200914 RESPECTFULLY SUBMITTED, = $110,294.93 = 2,908.94 = 2,921.90 = 3,056.20 Sandra L. Kennelly City Clerk SLK/slt Mayor Rascop -7-