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032387 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 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, March 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, Haugen, Stover, Gagne, & Brancel. S t af f Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the Council minutes of the March 9, 1987 with a clarification to be added on page 1. Motion carried - 5 ayes. . MAftERS FROM THE FLOOR Discussion on Badger Park Well Repairs Administrator Vogt asked Bob Polston to attend the Council meeting to explain the recent failures that have occurred at the Badger well. Polston does not feel there is any design problem with this well, it is no different in design than any others that have been operating without any problems. He tested for low voltage input to the electrical convertors, but the test equipment supplied by N.S.P. was needed and was removed prior to being able to determine if this is the problem. Polston would like to reinstall this testing equipment for a longer period of time to test under various electrical usage period. Polston suggested that a dialing device could be installed to automatically notify Munitech at the time of a failure rather than waiting for someone to report the light flashing on the station or no wate r. PLANNING COMMISSION REPORT Stover reported the first hearing of the P.U.D. for the Shorewood Place Apartments was held. The second hearing will be held by the Council on April 13, 1987. . The Planning Commission is preparing their own bylaws and policies to included an attendance policy. This will be submitted to the Council for review. 1 Council Minutes Monday, March 23, 1987 page two PARK COMMISSION REPORT . Commissioner Jakel referred to the Park Commission attachment including recommended items for Council approval. He suggested the Manor Park building be returned to the Commission due to the question of the designer being a registered architect. Jakel is requesting Council approval of a request for wood chips for Freeman Park trail, clean-up days to be held at Freeman Park, staining of Badger Park building, and the completion of work to the Badger and Manor Park fields. Brancel moved, seconded by Haugen, to approve the above listed requests. Motion carried - 5 ayes. CONSENT AGENDA HENNEPIN COUNTY FAIR DONATION A request has been received from the Hennepin County Agricultural Society for a $50.00 donation to support the Hennepin County Fair. CRESCENT BEACH DOCK . A request was received from the Park Commission for funds from Park Capitol Improvement Fund, not to exceed $l,500.00, for the joint purchase of a new dock and sign for Crescent Beach. UNION NEGOTIATIONS MEETING SET The union negotiation strategy meeting set for March 24, 1987 has been rescheduled on Wednesday, April 8 at 7:30 P.M. Stover moved, seconded by Gagne, to move approval of the three above listed consent agenda items. Motion carried - 5 ayes. BOND REFUNDING SERIES 1987A RESOLUTION NO. 30-87 Mr. Ron Sundberg of Springsted Incorporated was present to inform the Council of the bid letting to refund an existing bond. Six bids were received and tabulated, Springsted is recommending acceptance of Norwest Investment Services, Inc. at 6.2%. This refunding represents a $258,600 savings over the length of the bonds. Springsted will handle the coordination of the review and completion with the Bond Counsel. Ed Snyder of the Financial Advisory Board was present and felt the rebonding was a responsible action by the City. Gagne moved, seconded by Haugen, to approve the Resolution for the Refunding Bond Series 1987A as recommended. Motion by Roll Call Vote - 5 ayes. . 2 . . . Council Minutes Monday, March 23, 1987 page three SHOREWOOD OAKS - FINAL PLAT APPROVAL RESOLUTION NO. 31-87 Attorney Froberg presented a Resolution approving the final plat for Shorewood Oaks. Stover questioned the need for a letter of credit. A letter of credit is to insure the work is completed, it is not needed because the City is bonding for the completion of work and requiring a lein waiver for $105,000.00 for work already completed on this project. Haugen questioned the dedication of park fund fees. This will be referred to within the development agreement. Haugen moved, seconded by Brancel, to accept the Resolution approving the final plat. Motion carried by Roll Call Vote - 5 ayes. APPROVAL OF SHOREWOOD OAKS DEVELOPMENT AGREEMENT RESOLUTION NO. 32-87 Council has submitted the Development Agreement for review and approval. Haugen questioned if the staff was satisfied with the agreement, staff has approved it as submitted. Haugen moved, seconded by Brancel, to accept the Development Agreement for Shorewood Oaks as Submitted by Resolution. Motion carried - 5 ayes by Roll Call Vote. APPROVAL OF PLANS AND SPECIFICATIONS AND RESOLUTION NO. 33-87 ORDER ADVERTISEMENT FOR BIDS FOR SHOREWOOD OAKS - PROJECT NO. 87-1 Engineer Norton submitted plans and specifications for the improvements on Shorewood Oaks, bids to be opened on April 27, at 11:30 A.M. and reviewed by the Council at 7:30 P.M. that evening. Norton then reviewed the water line extension from Boulder Bridge to the Shorewood Oaks project. Rascop requested a review of the ground water drainage system. Norton explained that the system consists of perimeter drainage tile that flows into a separate drainage system under the new street, then discharges into the ponding area in Freeman Park. This will then continue into a drainage route to Lake Minnetonka. The pond is designed to contain a "100 year rain storm." Any additional rain will flow into an overflow structure. This pond will not be a hazard to children as it is designed as a dry pond other than run off periods. Haugen moved, seconded by Gagne, to approve the plans and specifications and order advertisement for bids. Resolution adopted by Roll Call Vote - 5 ayes. SWIMMING POOL REQUEST Dennis Johnson to install a have a four The location Ordinance. of 6180 Riviera Lane has requested a building permit primarily above ground swimming pool. The pool will foot fence with a self closing gate on the pool level. of the pool meets the set back requirements of the 3 Council Minutes Monday, March 23, 1987 Page four . SWIMMING POOL REQUEST - cont. Brancel moved, seconded by Gagne, to approve the swimming pool permit as requested. Motion carried - 5 ayes. WEIGHT RESTRICTION ORDINANCE DISCUSSION David Rotter, Vice President of the Rottlund Company, requested a release from the weight restriction Ordinance in order to complete construction on ten homes begun in Covington Vine Ridge. Engineer regarding streets. the weight Norton responded to the Council's previous questions the effect over 4 ton loads would have on damages to City He referred to his memo and presented a film explaining comparisons and effects. Council had various questions on ground frost; 4 ton vs. 6 ton limits posted on Shorewood and Minnetonka sides of Vine Hill Road and the effect of the 1 1/2 mat applied to Vine Hill Road. Stover stated that if the Ordinance is not right it should be changed, not just amended for one person. She supports the Ordinance as it exists. Mr. Lamoureux and Mr. Bruce asked if improvement to Covington Road was planned. Norton indicated that about 50' of Covington would be affected by the M.W.C.C. line extension. . Mr. Rotter felt the benefit to the taxes base by having these homes completed would warranty granting a variance for weight limitation or changing the dates covered by the Ordinance in accordance with weather conditions. Gagne would like to make changes in the Ordinance if he could get additional support from the Council. No Council support was offered. RENAMING SUBDIVISION - MCKINLEY PLACE ADDITION RESOLUTION NO.34A-87 AND MCKINLEY PLACE 2ND ADDITION RESOLUTION NO.34B-87 Mr. Mike Pflaum of Lundgren Brothers Construction has requested the renaming of subdivision Chestnut Ridge lOth Addition to McKinley Place and McKinley Place 2nd Addition. He feels this would lend to more identity for the Shorewood portion of the Near Mountain development. Stover moved, the plat and list the new the developer. seconded by Haugen, to approve the request of renaming hardshell, and amending the Development Agreement to plat name. All costs in making changes to be paid by Motion carried by Roll Call Vote - 5 ayes. COUNCIL BREAK for Student Interviews 8:50 - 9:00 P.M. . 4 Council Minutes Monday, March 23, 1987 page five PLANNERS REPORT ~ DiSDosition of Tax Forfeited Property In response to Minnewashta Church's request to acquire a tax forfeited lot adjacent to the church property, Nielsen contacted the County for information. The County holds land sales once a year, or auctions land with no access or unbuildable to adjacent owners, four or five times a year. This lot does have access and further information will be obtained on the disposition of the lot. Water Connections to Shorewood Oaks Extension ~ Staff has discussed the availability of offering water service to those residents along the Boulder Bridge/Shorewood Oaks water extension. They have recommended that letters of interest in the water connection be sent to all persons affected, asking them to respond at the time if they want to connect and want the assessment added to the bond for certification to taxes. This charge would be $4,000.00 for each connection to be paid to Torn Wartman for oversizing costs of the Boulder Bridge well. After the bonding period the $4,000.00 charge would have to be paid up front when connecting. The re would be no additional asses sment for s tubs as the developer of Shorewood Oaks will be paying for the stub installation. The basis for this water connection charge should be documented so as not to set policy for other water extension charges. The staff will be having a meeting with Tom Wartman to confirm the water agreement prior to notifying the residents. Attorney Froberg indicated that all persons interested in the water connection and bonding for it, must be listed in the legal notice assessing this improvement. Gagne moved, seconded by Rascop, interested residents contingent on Wartman. Motion carried - 5 ayes. to increase the final agreement bond with for Mr. ORDINANCE ADOPTION OF THE 1985 UNIFORM ORDINANCE NO. 194 BUILDING CODE (Further amendment made in these minutes) Nielsen presented a draft Ordinance for the adoption of the 1985 Uniform Building Code. He recommended that the Ordinance be adopted excluding Section 1.B. Nielsen would like further review done by the Planning Commission on Section 1.B. Haugen moved, seconded by Gagne, to adopt the draft omitting Section 1.B by Roll Call Vote - 5 ayes. . 5 Council Minutes Monday, March 23, 1987 page six ATTORNEYS REPORT . Water Tower Site The State appraiser went out to review the site. Appraisal will be submitted to her supervisor on March 24, 1987. Response should be submitted to Council at the April 13, 1987 meeting. Gagne asked if this will allow enough time to construct the tower in order to transfer the water system over from Minnetonka at the completion of 90 homes, the limitation of the water service agreement. Norton stated that the existing well can service these homes with water without the tower. Eureka Road Drainaoe Mrs. Majestic stated that her appraiser has reviewed the site and should get a response back next week. The appraisal will then be submitted to the City for review. City Hall Suit . Froberg was in court regarding the City Hall litigation. The Judge has indicated that all charges will be dismissed against the City regarding the non payment of subcontractors by the general contractor on the City Hall construction. The judgement in written order should be received within two weeks. ADMINISTRATIVE REPORTS Christmas Lake Road/Lane - Status Report Staff met with Mike Pierro representing the Christmas Lake cul-de-sac request. The discussed who would be responsible for signing the Development Contract and supplying the 150% Letter of Credit. They have yet to determine if they will contract and pay for the improvement under the Engineers supervision or if the City will do the work and charge the cost back to the group. Pierro will return to staff with the needed information. Near Mountain Park Fund Fees A meeting was held with Peter and Mike Pflaum regarding the payment of park fund fees when a subdivision is amended and reduces the lots to be developed. Haugen suggested charging the old park fund fee rate, at the time the original subdivision was submitted, charging that fee times the units that the plat has been reduced by. All other units would be charged according to current rate on this plat and subsequent plats. The staff will amend the Development Agreement and return it to Council with the new fee charge. . 6 . . . Council Minutes Monday, March 23, 1987 page seven ADMINISTRATIVE REPORTS - cont. RecYcling Discussion Hennepin in place recy'clable program in County has required that the City have a recycl~ng program by January 1, 1988. They are proposing, a goal of 16% by 1990. The League of Women voters currently has a progress. A committee of area residents is being established to make recommendations for a recycling program. This committee will consist of many area cities and their representatives. Gagne moved, seconded by Gorecki to the committee carried - 5 ayes. Stover, to recommend appointment of Pat as Shorewood's representative. Motion Stover would like to approve an addition member if interest is expressed. Street Liohting Vogt asked the Council if they wanted to review the street lighting proposal again, .or ~'-on'~cha.r~ing.foJ:stI.ee.tli9htg that would set policy on charging for street lights were not considered safety light. Council took no action on setting a policy, but will look at each request individually as they are received. Liquor Store II Robbery Hennepin County is holding the cash and checks recovered from the bank robbery. If this goes to trial, they will be finger printing all cash and checks for evidence. The Council would plea bargains are cases. hope that a stricter penalty is enforced and no made as in the bank robbery and boating assault MAYORS REPORT 7th Annual Easy Run Stover moved, seconded by Haugen, to approve the request to hold the 7th Annual Easy Run through the City sponsored by the Bank Excelsior. Motion carried - 5 ayes. Change in the 509 Water Run Off Law Rascop stated that the rules have been changed under this takes the control away from the State. The City Ordinance for ground water plan, Watershed submits plans and City submits plan to Watershed. law which draws the to County 7 Council Minutes Monday, March 23, 1987 page eight COUNCIL REPORTS . -Matters From the Floor" Issue Stover moved, seconded by Gagne, to have Matters From The Floor remain item 2 on the agenda but simply accept topics and have it rescheduled after the agenda items and before reports unless further information has to be obtained, if so, schedule for the next agenda. Motion carried - 5 ayes. League Meeting Haugen attended the League meeting where the new formula for fiscal disparities was voted on. There are cities that are unhappy with the effects of this formula and want to have this changed. Badger Well Problems Gagne felt that the City owes it's water users a good system, and wants the problems with Badger well repaired. Stover asked Norton if he felt the voltage issue is the problem with this well, and what would be the best solution. Norton stated that voltage was the problem at Woodhaven. A water tower would be the best solution but an automatic dialer would be good for faster response time. Rascop would like the staff to return to the Council with additional information and price quotes on automatic dialers. . Sprinkling Systems Policy Gagne asked if there was anyway to require the proposed Shorewood Place Apartments to install a sprinkling system. Froberg stated that it would require an Ordinance change. Haugen supports sprinkling systems in all Commercial buildings and residential buildings with 5 or more living units. Rascop agrees with Commercial buildings and would like to see public areas of multiple living unit buildings be sprinkled. Gagne would like to see the municipal water extended to this project. Norton felt this could be extended to supply water in conjunction with the building schedule. Froberg feels that additional requirements should be in effect at the time the building request is submitted. Gagne moved, seconded by Haugen, to direct the Attorney to prepare a draft Ordinance to require all Commercial property and living units of 5 or more to hook up to water where already available or within a reasonable distance. FINAL ADOPTION OF THE 1985 UNIFORM BUILDING CODE ORDINANCE NO. 194 . Haugen adopting ayes. moved, seconded by Rascop, to reconsider the action previously portions of the Uniform Building Code. Motion carried - 5 8 . . . Council Minutes Monday, March 23, 1987 page nine FINAL ADOPTION OF THE 1985 UNIFORM BUILDING CODE - cont. Haugen then moved, seconded by Rascop, to move adoption of the Ordinance adopting the interior 1985 Uniform Building Code Ordinance Adopted by Roll Call Vote - 4 ayes, 1 nay (Stover). BUILDING PERMIT REQUEST - ROBERT MASON Bob Mason has requested a second building permit to build another house in his unplatted 2nd Addition. Mason doesn't feel he is responsible for all the delays in getting his 2nd phase platted. He feels it will take too much time to obtain his letter of credit and would like the second permit now. Gagne Moved, seconded by Brancel, to allow the issuance of additional building permit. Motion was denied 2 ayes (Gagne, Brancel) to 3 nays. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Rascop, to adjourn the Regular Council Meeting of March 23, 1987 at 10:42 P.M. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. General Liquor Funds - Acct No. 00-00166-02 General Liquor Checks #050348 - 050460 $56,224.72 $86,406.19 Payroll Check List: Checks #201084 - 201115 $ 8.813.74 $ 2,648.26 Total $95,219.93 $58,872.98 ~v-d~~ Mayor Rascop :lULLY ~.ITTED' . 't . AA Sandra Kennelly . 9