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012687 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 26, 1987 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, January 26, 1987 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 Haugen, Stover, Gagne & Brancel. 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 Regular Council meeting of January 12, 1987 to include corrections on pages 4 and 5. Motion carried - 5 ayes. . RESCHEDULE PLANNING COMMISSION INTERVIEWS Administrator Vogt announced the rescheduling of the Planning Commission interviews from 6:30 P.M. January 12, 1987 to Tuesday 7:30 P.M. January 13, 1987 due to conflicts of Councils schedule. PLANNING COMMISSION REPORT Stover reported on the Planning Commission meeting of January 20, 1987. The Commission held Public Hearings on a variance for William Henney, 26990 Edgewood Road; C.D.P. for Manitou Properties, 5620 County Road 19; C.D.P. to expand Administrative Offices to be continued to February 3, 1987 and discussed the moving permit for Sungold Homes and set a February 17, 1987 Public Hearing to amend the Zoning Ordinance regarding roof pitch. PARK COMMISSION REPORT Commissioner Vogel reported on the proposed meeting between Tonka Bay and Shorewood's Administrators to discuss the new dock for Crescent Beach. The Commission would like to see Badger field completed first this year. Plans for park shelters are being collected from other cities to review for proposal for construction at Manor Park. The Commission walked the trails at Freeman Park. They would like to improve the trails and they want to make sure that the drainage excavation for drainage done by the Shorewood Oaks Project is restored. They would like the berms graded and additional trails cut into the park this year. . -1- COUNCIL MINUTES MONDAY, JANUARY 26, 1987 page two CORRIDOR STUDY RESPONSE RESOLUTION NO. 7-87 . Mayor Rascop stated that the Corridor Study would not be reviewed again at this time but would accept public comments, he received none. Administrator Vogt submitted a Resolution listing the Councils recommendations on the various alternatives suggested by the Corridor Study. (Refer to attachment) Mrs. Vogel questioned the plans for the proposed Old Market Road intersection. Rascop explained BRW's recommendation for a bridge connecting Covington Road and St. Albans Bay Road. This was not supported by the Council due to the extensive cost and the Old Market Road intersection being more desirable. The Resolution will be forwarded to Metropolitan Council and MnDOT. When MnDOT schedules the improvements the city will have the op- portunity to comment on the plans. Haugen moved, seconded by Gagne, to adopt the Resolution and position papers as official response to the Highway 7 Corridor Study. Adopted by Roll Call Vote - 5 ayes. Vogt requested a volunteer from the Council to represent the Cities view on the Corridor Study to be broadcasted on local cable T.V. Haugen will be the representative. . C.U.P. FOR A SELF-STORAGE FACILITY - MANITOU PROPERTIES, INC. John Smith of Smith Architects represented Manitou Properties in their request for a self-storage facility at 5620 County Road #19. He reviewed a previous request for an outdoor storage facility that was withdrawn. He reviewed the new proposal for a 35,000 square foot storage building office and resident manager housing. The remaining 1 acre on the road frontage is planned for future commercial developmen4 he explained the building design and site improvements. An extensive discussion followed regarding the proposed drainage plan, with ponding capability of holding 20,000 cubic feet of water. Signage was discussed, Haugen was opposed to the signage on the building. She also wanted to see a market study on the need for this facility in the area. Norton referred to their Engineer's report (Sather-Berquist) calculation on ponding capacity of 20,DOO square feet of water. The property requires 11,000 cubic feet to handle its own run off for the shopping center across the road in Tonka Bay. Gagne felt that Shorewood should talk to Tonka Bay about the drainage problem caused by the Shopping Center Mr. Wells of Glen Road had the dike design clarified to make sure that this would not cause him additional drainage flow. Gary Streeter, representing the American Legion referred to a letter they needed from Manitou Properties allowing the Legion to have their drainage flow across their properties. They have not received that written permission from them yet. This condition has caused them not to be able to obtain a permit for their parking lot improve- ment. Streeter feels the Legion received all their approvals and permits a long time ago, and they should be allowed to proceed before Manitou Properties receives their approvals. . -2- ~ COUNCIL MINUTES MONDAY, JANUARY 26, 1987 page three C.U.P. FOR A SELF-STORAGE FACILITY - MANITOU PROPERTIES, INC. - cont. Mr. Smith explained that their Engineer, Rich Sather, does not agree with Engineer Norton's figures on run off. They did not want to sign the approvals until instructed by their Engineer. Norton was not aware of this disagreement with his calculation. He will discuss this with Mr. Sather. Smith did feel an agreement between them and the American Legion can be reached. Council would like to see ad- ditional information on possible old drainage tile in this area. They also discussed and recommended lighting that would not shine outside the compound. Stover would like to see a final signage proposal. Mr. Smith requested the Council to table this request for submittal of additional information. Haugen moved, seconded by Gagne, to table this request to February 9th, 1987 for an agreement from the Engineer's (Norton & Sather) re- garding the ponding and an agreement with the American Legion and Manitou Properties on drainage. Motion carried - 5 ayes. Pat Gorecki asked if watershed approval was needed and if so have they received it? They have applied but have not received approvals at this time. She felt they should have their approval like the American Legion prior to coming to the Council for approval. She complained about the filling at the former Handy property on Edgewood Road. This property was filled without any approvals or permits. Nielsen put a "stop work" on the filling subject to watershed approval at this time. ~ HOUSE MOVING PERMIT Mayor Rascop asked Engineer Norton for his report on the traveling route to be used to move the mobile home into 6115 Riviera Lane. He stated that he would like to have this report in writing along with his verbal report in the future. Mr. Harry Kreslins was pre- sent to represent Mr. Funk in his absence. Norton reviewed his conversation with the home mover, Ken Borgstall of Wandering Wheels. Mr. Borgstall felt there would not be problems with length, clearance or turning radius due to the design and placement of the axels. Norton asked him to call him back with information on arrangements for police escort, time of day and movers license. He has not returned to Norton with these items to date. Attorney Froberg spoke to Mr. Borgstall, he informed him that he was not a licensed house mover as required by City Ordinance, but he would make arrangements to transfer the home to a mover at the Shorewood limits. Haugen moved, seconded by Gagne, to continue until the February 9, Council meeting to obtain the house movers name, license and bonding, police escort cost, time schedule and easement for the driveway. Motion carried - 5 ayes. SHOREWOOD OAKS PETITION FOR IMPROVEMENTS ~ Mr. Dave Johnson was present to submit a petition requesting local improvement for the Shorewood Oaks Development. He explained that he had received plat approval prior to becoming seriously ill. The project was dropped at that time and he is now starting the necessary procedures over again. A Public Hearing is set for February 3, 1987 for preliminary plat approval. -3- COUNCIL MINUTES MONDAY, JANUARY 26, 1987 page four . SHOREWOOD OAKS - PETITION FOR IMPROVEMENTS - cont. Attorney Froberg submitted two Resolutions for approval, petition and Resolution determining the validity and sufficiency of petition for construction of improvements and Resolution ordering preparations of feasibility report. He will also need to review a title opinion or title interest and a letter of credit of 150% of the improvements. This petition calls for all the improvements installed to be assessed back to the project totaling, including the feasibility report. Petition for Improvement and Resolution RESOLUTION NO. 8-87 Determining Validity Haugen moved, seconded by Gagne, to accept the petition for im- provement and adopt the Resolution determining validity for the Shorewood Oaks Development subject to the Attorneys receiving the title opinion. Motion carried - 5 ayes by Roll Call Vote. Preparation of Feasibility Report RESOLUTION NO. 9-87 Gagne moved, seconded by Haugen, to direct the preparation of the feasibility report. Norton will submit an estimate of cost of report to be paid for by Mr. Johnson prior to preparation of that report. Motion carried by Roll Call Vote - 5 ayes. Administrator Vogt recommended that the Council appoint a Bonding Consultant and Bond Counsel regarding these proposed improvements. Stover moved, seconded by Gagne, to appoint the firm of Springsted, Inc. as bonding consultants. Motion carried - 5 ayes. Stover moved, seconded by Gagne, to appoint Curtis A. Pearson of Wurst, Pearson, Larson & Underwood as Bond Counsel. Motion carried - 5 ayes. COUNCIL BREAK - 9:31 P.M. - 9:39 P.M. . . CONTINUATION OF REQUEST ON STREET VACATION - MARK SWEDLUND - FERNCROFT DRIVE (SUNRISE LANE) Council did an on site review of the land proposed for a exchange of existing access (Sunrise Lane) for the South 33' of the lot adjacent. Gagne did not like the idea of the proposed access being 8' from the adjoining neighbors garage. Mark Swedlund was requesting this exchange in hopes to create 3 new buildable lots with the Wang property, without it only two (2) lots besides the existing house could be developed. His request would best benefit Mrs. Wang, owner of the property at 21105 Minnetonka Boulevard. Nielsen indicated that two (2) of the three (3) new lots would require lot width variances. The Planning Commission did not submit a recommendation due to the Council's policy not to vacate "fire lanes". Mr. Swedlund feels that if the exchange is not made it creates a hardship to have a 40' lot separated by the current access. Gagne moved, seconded by Stover, to deny the request to set a public hearing for street vacation stating no hardship proven and that it would be poor planning to create lots requiring variances. Motion to deny carried - 5 ayes. -4- COUNCIL MINUTES MONDAY, JANUARY 26, 1987 page five . ATTORNEYS REPORT Eureka Road Drainage Easement A financial proposal has been submitted to the Majestics for their consideration. No response has been received at this time. . ENGINEERS REPORT Discussion on Traffic Count - Christmas Lake Road Engineer Norton reviewed the traffic studies done in 1971 and 1976. He then discussed plans for the newly requested traffic study and was informed by traffic Engineer Bob Morast that meter tapes can not be used in the winter due to snow plowing weather conditions. Norton called MnDOT and BRW to obtain traffic count information from their current corridor study, but they didn't set up meters so no counts were obtained. He did find out that MnDOT has no improvement scheduled this year for Highway 7/Christmas Lake Road intersection. Norton indicated that an on site person could do a traffic count at a cost of about $2,000.00. This would provide turning move- ments, count recordings, improper turns, U-turns and pedestrian traffic, but would not include egress or ingress to Highway 7 from Mill Street. Bill Wrede feels that if Shorewood closes Christmas Lake Road, it may force Excelsior to take action on the Mill Street/Highway 7 improvements. Haugen felt this could cause additional problems on 2nd and 3rd streets instead. If the Engineer's were to do a complete traffic study on the effected areas, it could cost as much as 8,600.00. Stover felt the information obtained from an on-site count was not the type of information we were looking for, nor could she support the $2,000.00 cost. No work will be done on the Traffic study at this time. PLANNERS REPORT City Hall/Badger Park Improvements The continuation of the public hearing to discuss improvements to City Hall and Badger Park area will be held by the Planning Com- mission on February 3, 1987. Correspondence from an Attorney representing residents on Echo Road, will be submitted in a report. . ADMINISTRATIVE REPORTS Springsted Letter - Refinancing Bond Issue A letter was received asking the Council to consider the refinan- cing of a current bond at a lower interest rate and a savings of net debt service costs. Gerard Shannon will explain to the Council their options. Labor Grievance The grievance requested has been settled and will not have to be paid. This would only have to be paid if a foreman is appointed. The City has no plans to appoint a foreman. -5- COUNCIL MINUTES MONDAY, JANUARY 26, 1987 page six . ADMINISTRATIVE REPORTS - cont. Sewer Back-up A power company transmitter failed and caused the lift station on Grant Lorenz Road to stop pumping. It caused a sewer back-up in two (2) homes along Edgewood Road. Vogt feels this will no longer happen when the Lake Ann interceptor is in operation. Haugen and Gagne asked about a loner that could be installed in sewer lines to help eliminate some infiltration. Engineer Norton will contact Metro Sewer Board to consider this procedure. . MAYORS REPORTS Mound Fire Department Rascop stated his concerns that the Mound Fire Department should familiarize themselves with the addresses and locations of the houses on the islands. They were not able to locate a house after a call. LMCD The LMCD has gone on record to support Skip Humphrey proposal regarding BWI issue. A meeting between Met Council and the LMCD has been set to discuss the Met Councils opinion of a conflict of interest regarding the acquisition of park property. COUNCIL REPORT Henney Request Stover reviewed the Henney request that will be on the next Council Agenda. She will not be at that meeting. The lot Mr. Henney is requesting to build on is a 10,000 square foot lake lot currently owned and used as access by three property owners across the street. This lot has a grandfathered dock", and has been charged a sewer assessment. The Planning Commission has made no recommendation due to a split vote other than to return the sewer assessment if determined not buildable. Haugen reported on discussions by the Legislature that could change the property taxes by removing school taxes and social services. These services would then be handled by State taxes. Stover felt the school district would oppose additional controls by the State. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the January 26, 1987 Council Meeting at 10:45 P.M. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. . -6- . . . COUNCIL MINUTES MONDAY, JANUARY 26,1987 page seven General and Liquor Funds - 00-166-02 General #050039 - 050104 = $205,853.80 Payroll Check List #200948 - 200990 Total RESPECTFULLY SUBMITTED, Sandra L. Kennelly City Clerk SLK/slt -7- Liquor $18,967.37 = 9,106.12 $214,959.92 2,775.79 $21,743.16 = 4~ ft:l~fJ-J Mayor Rascop