Loading...
022387 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 23, 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, February 23, 1987, in the Council Chambers by Mayor Rascop. 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, Brancel, Haugen and Stover. 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 January 27, 1987 Special Meeting as written. Motion carried - 5 ayes. . Gagne moved, seconded by Brancel, to approve the Regular Council Minutes of February 9, 1987 with corrections on pages 4 & 5. Motion carried - 4 ayes. (Stover abstained - not present at meeting). PARK COMMISSION REPORT Commissioner Ken Vogel reported to the Council the actions of the Park Commission at their last meeting. The Commission recommended the appointment of Robert Nicol of 19375 Vine Ridge Road to the Park Commission. Mr. Dave Johnson, developer of Shorewood OakS, was in attendance and assured restoration of the drainage ditch area installed in Freeman Park. The requested trail blazing in Freeman Park was done by a bulldozer this past weekend. Peter Pflaum from the Near Mountain development also attended this meeting. They discussed alternative compensation to the park fund for fees lost due to a reduction in building units in his project. Mr. Pflaum felt a cash settlement would be more suitable than land improvement or donations. . The Commission is discussing plans for Silverwood Park. They requested the funds to hire an architect for landscape plans for Manor and Cathcart Parks, at a maximum time of 8 hours to be spent on each park. The pavillion plan for Manor are still being studied. - 1 - COUNCIL MINUTES MONDAY, FEBRUARY 23, 1987 page two . PARK COMMISSION REPORT - cont. Various docks are being looked at for Crescent Beach. Final decision on dock type has not been determined. Gagne moved, seconded by Brancel, to approve the expenditure for an architect for Manor & Cathcart Parks at maximum of 8 hours time for each park. Motion carried - 5 ayes. CONSENT AGENDA Rascop moved, seconded by Stover, to withdraw Item C - Dock License Renewal, from the Consent Agenda. FINANCIAL ADVISORY BOARD CHARTER RESOLUTION NO. 15-87 The Council establised a group, Shorewood Financial Advisory Board. Administrator Vogt is requesting formal establishment of the Board and adoption of a charter to govern the boards activities. VOLUNTEERS OF AMERICA WEEK RESOLUTION NO. 16-87 A Proclamation has been received proclaiming the week of March 8-14 as Volunteers of America Week. APPOINTMENT OF ROBERT NICOL TO THE PARK COMMISSION . The Park Commission unanimously recommends that the Council appoint Robert Nicol to the vacancy on the Park Commission. Stover moved, seconded by Haugen, to approve the above listed (3) three items on the Consent Agenda. Motion carried by Roll Call Vote - 5 ayes. DOCK LICENSE RENEWAL - 1987 RESOLUTION NO. 17-87 Rascop indicated that Upper Lake Minnetonka Yacht Club and Minnetonka Portable Dredging, Inc. have submitted requests for alterations in dock configurations and numbers of docks. These licenses would be held over. Haugen moved, seconded by Gagne, to approve the 1987 dock license for: Adeline D. Johnston Howards Point Marina, Inc. Shorewood Marina & Yacht Club, Inc. Boulder Bridge Farm, Inc. Motion carried by Roll Call Vote - 5 ayes. CULDESAC CHRISTMAS LAKE ROAD AND CHRISTMAS LANE . Mayor Rascop reported that he has seen a video tape taken by resident Richard Dyer showing many violations to the "no-turn signs" on Christmas Lane including garbage trucks backing all the way down the road to Brand Circle, numerous passenger cars and city snow plows, etc. Mr. Doug Sweeney, Excelsior Fire Cheif, stated objections to the crash barriers, the police department is in opposition as well. would prefer a sodded area with a gravel road bed base with curb gutter sides to prevent vehicles from driving over the sod. - 2 - post type They and COUNCIL MINUTES MONDAY, FEBRUARY 23, 1987 page three . CULDESAC CHRISTMAS LAKE ROAD AND CHRISTMAS LANE - cont. Haugen asked Engineer Norton if he was familiar with existing streets that are one ways at different intervals during a days time. The only one he was familiar with was the "sane lane" (Highway 12). Attorney Froberg cautioned that the Council may be setting a precedent regarding culdesacing roads if this one is approved. Gagne moved, seconded by Stover, to authorize the installation of a culdesac due to the fact that this residential street connects two (2) arterial streets, and the total cost to be covered by the petitioners or adjacent property owners. Attorney Froberg recommended that a development agreement be drawn regarding the work to be done. Gagne moved to accept the amendment as recommended, seconded by Stover. Motion carried - 5 ayes. Engineer Norton will design the "crash gate" and culdesac. The design plan will be incorporated into the development agreement. DENIAL OF CONDITIONAL USE PERMIT AND VARIANCE ~b~~Q EDGEWOOD ROAD RESOLUTION NO. 18-87 The request from Mr. William Henney for a conditional use permit and variance was held at the Council Meeting of February 9, 1987. It was held over due to the absence of Stover and the need for a four fifths approval to pass. . Gagne moved, seconded by Brancel, to approve the request for discussion. Stover felt the 70% limitation in order to approve variances should be followed and that the property has a use, the same use that has existed for the past 30 years, dock use and access for 3 property owners. Haugen questioned Froberg's comments regarding granting the variance to allow a use for the property. Froberg stated that he was not aware of the dock use at the time that the memo was written. He feels the decision should be made stating reasons regarding the effect on the character and compatability this would have on the surrounding properties. Motion was denied - 3 ayes to 2 nays (Stover and Rascop). Council directed the Attorney to prepare a findings of fact and to have staff return the sewer assessment unit charged to the owners. MIAMI TAN REQUEST TO EMPLOY MASSEUSE Mayor Rascop reviewed a survey done by Nielsen on the manner in which surrounding cities handle this type of request. Stover felt that the masseuse request could be listed as an accessory use in the Zoning Ordinance. Haugen questioned standards to follow or educational qualifications required. . Council felt that it was up to the applicant to proceed with his request by applying to the Planning Commission to do an amendment to the current zoning Ordinance. - 3 - COUNCIL MINUTES MONDAY, FEBRUARY 23, 1987 page four . SWIMMING POOL APPROVAL - 19325 WATERFORD PLACE A request has been received from Mr. and Mrs. Robert Phelps to install a swimming pool and fencing for that pool at 19325 Waterford Place. Nielsen stated that the pool and fencing met all the requirements. Haugen moved, seconded by Gagne, to approve the pool and fencing only, as requested. Motion carried - 5 ayes. ISSUANCE AND SALE OF REFUNDING BONDS RESOLUTION NO. 19-87 Mr. Jerry Shannon financial advisor for the City, from Springsted, Inc. was present to recommend to the Council to refund a 1,250,000.00 General Obligation Improvement Bond, Series 1984A. The City is currently paying 9 1/2% interest and only able to reinvest the funds at 6 1/2%. He feels that by refunding the bond issue it could save the City up to $246,000.00 in expenses over the life of the bonds. Rascop questioned whether this bond issue and any proposed new bond issue could be combined. Mr. Shannon felt that they should be handled separtely. Council would like to receive comments from the Financial Advisory Board Committee, Vogt will contact William Bohnhoff. Haugen moved, seconded by Gagne, to authorize the refunding of Bond Series 1987A as submitted by Springsted, Inc. Motion carried by Roll Call Vote - 5 ayes. . SHOREWOOD OAKS DEVELOPMENT PROJECT Acceptinq Report and Callinq for Hearinq on Shoreowood Oaks Proiect RESOLUTION NO. 20-87 The feasibility report was prepared by Engineer Norton on February 9, 1987 at a total project cost of $1,482,300.00. It has been recommended since then by Springsted, Inc. financial advisors, that the total cost be increased to $1,488,300.00. An amended feasibility report in the amount of 1,488,300.00 is forth coming. Haugen moved, seconded by Gagne, to accept the report to include the project costs of $1,488,300.00. Motion carried by Roll Call Vote - 5 ayes. Preparation of Plans and Specifications for Shorewood Oaks RESOLUTION NO. 21-87 Haugen moved, seconded by Brancel, to adopt the submitted Resolution ordering the preparation of plans and specifications for the Shorewood Oaks Development Project No. 87-1. Motion carried by Roll Call Vote - 5 ayes. DISPOSITION OF HOUSE - 5795 COUNTRY CLUB ROAD . Haugen moved, seconded by Stover, to accept the submitted RFP (Request for Proposal) and direct it to be sent to architectural firms and that until response from these firms are reviewed that no action be taken on the disposition from the house at 5795 Country Club Road. Motion carried - 5 ayes. - 4 - . . . COUNCIL MINUTES MONDAY, FEBRUARY 23, 1987 page five PUBLIC WORKS EQUIPMENT PURCHASES Specifications for new equipment purchases have been drawn for 2 new dump trucks with plows and sanders and 1 new back hoe. The Financial Advisory Board has met and and recommended the method of payment on this equipment. John Bridge was present and recommended that $86,850.00 be taken out of the contingency fund and added to the $48,150.00 budgeted for the necessary $135,000.00 needed for these purchases. The contingency fund is at approximately $500,000.00 at this time and the contingency fund can afford this expenditure. (Total fund balance should be confirmed prior to withdrawl.) AUTHORIZE ADVERTISEMENT FOR BIDS RESOLUTION NO. 22-87 Gagne moved, seconded by Haugen, to authorize the advertisement for bids on the equipment for Public Works as requested to be funded as stated in the staff report dated February 18, 1987. Motion carried by Roll Call Vote - 5 ayes. Gagne and the Council thanked John Bridge and the Financial Advisory Board for their work done. CITY WATER INTERCONNECTION DISCUSSION Tonka Bay and Excelsior have discussed the possibility of an interconnection between water systems in emergencies. Rascop will be attending the Tonka Bay Council meeting and will offer the interconnection with Shorewood. Engineer Norton indicated that Excelsior's overhead storage would be a desirable back up for Tonka Bay with water treatment the same as theirs. Shorewood does not have the overhead storage or treated water, but could still be offered in cases of emergency. COUNCIL BREAK 8:55 P.M. - 9:05 P.M. ATTORNEYS REPORT Ground Water Run Off Aqreement Attorney Froberg discussed the drafting of an agreement that would "save the City harmless" if they allowed a property owner to improve his land without a signed run off agreement with the property owner receiving his ground water run off. Currently a statement must be signed by the down stream or owner of the property receiving the run off, approving the drainage plan. Froberg feels that the "save the City harmless" agreement is only as good as the developer, and should be drawn into the development agreement. Manitou Properties has given a statement of run off approval to the American Legion so they can proceed with their parking lot improvement. The proposed agreement will not be necessary at this time. Eureka Road Drainaqe Easement John Majestic of 5840 Eureka Road is currently obtaining his own appraisal for the land the city is requesting for a drainage improvement. - 5 - COUNCIL MINUTES MONDAY, FEBRUARY 23, 1987 page six ATTORNEYS REPORT - cont. . Request for Temporarv Construction Easement MWCC The MWCC has requested a temporary easement to install a 12" sewer line parallel with the existing l6"line along a portion of Covington Road. This is to alleviate the back pressure on the line until it opens into the existing 33" line further down Covington Road. Attorney Froberg will incorporate wording to include the final completion of curb and road surface at the Old Market Road intersection, into the easement provided by MWCC. The easement was referred to the Park Commission for recommendation. Engineer Norton will request MWCC to publish notification of traffic delay in the paper and individual notices be sent to property owners. ADMINISTRATIVE REPORT Weiqht Restriction Ordinance Clarification Administrator Vogt informed the Council of the "sunset clause" or expiration of the weight restriction Ordinance No. 179. This reinacts Ordinance No. 163. . Council did support returning to Ordinance No. 163. They felt the affected contractors had sufficient notice of one year to comply with the March 1 to May 1, 4 ton per axle weight restrictions. Buildinq Permit Request for Proposed Waterford 2nd Addition Robert Mason has requested a building permit to build a second house in the proposed Waterford 2nd Addition. The Development Agreement for Waterford 2nd Addition will be presented to the Council at the meeting of March 9, 1987. Council took no action regarding the request for a building permit. Request for use of Water Truck - Fire Department Excelsior has asked for permission for use of the water truck as a back up for the Fire Department while they are having their truck repaired. Vogt contacted the insurance company. The underwriters are the same for each city and they see no problems with coverage. Rascop moved, seconded by Gagne, to approve the request. Motion carried - 5 ayes. PLANNERS REPORT Request for Extension - Hauser Permit Request . Planner Nielsen has received a letter from the builders on the Brooks Hauser property at 27190 Edgewood Road for an extension of time to submit a grading plan. Nielsen needs the plan to compare with elevations prior to the beginning of filling in order to determine the extent of the filling violation. The fill has to be approved by the Watershed and the City. - 6 - COUNCIL MINUTES MONDAY, FEBRUARY 23, 1987 page seven MAYORS REPORT . Minnehaha Watershed District - Non Reappointment of Dave Cochrane Mayor Rascop informed the Council that Dave Cochrane was not reappointed as a representative to the Minnehaha Creek Watershed District. There is no longer any representatives "up stream" from the dam on Lake Minnetonka. The LMCD has no contract with the Watershed for maintenance of the dam. He expressed concerns regarding maintaining the level of the lake in a dry year. The watershed has a right to maintain a "recreational" level for the creek. Proposed LMCD Leqislation - A Bill for an Act Rascop presented a proposed endorsement to take to the Legislature to increase their power on Lake Minnetonka. He submitted a proposed enabling Ordinance and Management Plan for the lake, Task Force Report, Summary of Resource done and a Completed Plan. Rascop reviewed for the Council the proposed changes added to this bill. Line # 16-18 - LMCD to fee for additional boat license along with DNR. Page 1 Lines # 34-36 - Council opposed to LMCD having any controls on land Page 2 & Line - remove "on land portion". 1-6 Page 3 . Line 6 Page 3 - LMCD does not want "approve" in the statement. Line 9-10 - Council would like (0.) removed regarding the right of the LMCD to purchase, acquire or lease property. Council agreed to a building for the LMCD or accept donations only. Line 19-24 - Opposed to compensation by LMCD members Page 3 Page 4 - Council opposed to levying funds for LMCD operations. All licensing and dockage fees should go toward reducing the cities financial responsibility to the LMCD. Rascop directed Administrator Vogt to draft Council comments to the LMCD. Rascop supports the entire Bill for an Act and feels that if these controls are not obtained by the LMCD they will be voted out of existence. The DNR will then come in and control the lake without input from the Lake Cities. Police Committee Meetinq . A proposal has been received from Mark O. Senn, Macus Corporation, to build a new police facility on the land purchased by Excelsior and lease this building back to the department. Excelsior has offered the land at no cost and the developer is asking for a 5 year lease with additional 5 year renewals. - 7 - COUNCIL MINUTES MONDAY, FEBRUARY 23, 1987 page eight MAYORS REPORT - cont. ~ Police Committee Meeting - cont. The cost to Shorewood was estimated at 44% of the lease or $1,283.00 a month added to the existing police contract. Excelsior would maintain ownership of the land with the developer to maintain ownership of the building. Gagne supports the need for a new facility but would like to see other existing buildings checked out. Stover questioned the effect the corridor study may have on that location. But the 5 year lease would protect the city from any loss caused by corridor study changes. Haugen would like Chief Young to check out the building on Chaska Road and she would like to have a firm cost prior to making a decision. Rascop asked for concept approval at this time. Brancel moved, seconded by Haugen, to support the concept and request Chief Young to check out the cost and suitability of the building at 6000 Chaska Road. Motion carried - 5 ayes. COUNCIL REPORTS Updates The appraisal is to be submitted by April 15, 1987 on the Water Tower site. ~ A demolition permit has been issued to Carlson Clipper for the building on Lake Linden Drive. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Stover, to adjourn the Council Meeting of February 23, 1987 at 10:32 P.M. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. General and Liquor Funds - Acct. No. 00-00166-02 (General) Checks #050180 - 050272 $82,865.14 (Liquor) $31,773.29 Payroll Check List: Total $ 8,706.41 $91,571.55 $ 2,744.65 $34,517.94 Checks #201023 - 201055 RESPECTFULLY SUBMITTED, ~~4~ Mayor Robert Rascop ~ Sandra L. Kennelly City Clerk SLK/slt - 8 -