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041387 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 13, 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 7:35 P.M., Monday, April 13, 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, Gagne, and Brancel (Stover absent) Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, and Clerk Kennelly. APPROVAL OF MINUTES Haugen moved, seconded by Brancel, to approve the Council minutes of the March 23, 1987 as written. Motion carried - 4 ayes. . MAftERS FROM THE FLOOR Mayor Rascop called for Matters from the Floor and none were received. PARK COMMISSION REPORT Commission member Jim Andrus reported the on site review of Freeman Park. The Commission was very pleased with the work done on the trails by the City crew, but they feel the drainage ditch dug by Shorewood Oaks needs immediate attention. The Commission feels that it could be dangerous to children. Quotes to sod Badger football field and seed to complete Manor Park softball field have been received. C.G. Braun Turf Farms has submitted a quote of $8,150.00 to sod Badger, after the bad fill is removed, and $9,750.00 to add 3" of top soil and seed the Manor softball field. The top soil will be removed by the City. Brancel moved, seconded by Gagne, to approve the expenditure not to exceed $8,150.00, for the sodding of Badger field. Motion carried - 4 ayes. Brancel exceed field. moved, seconded by Gagne, to approve the expenditure not to $9,750.00 for 3" of top siol and seeding of Manor softball Motion carried - 4 ayes. . -1- . . . Council Minutes Monday, April 13, 1987 page two PARK COMMISSION REPORT - cant. Administrator Vogt reported that currently obtaining a dock from The city had ordered a dock from requiring an agreement holding the event of a malfunction. the City and Tonka Bay were Crepeau Dock for Crescent Beach. Serv-A-Dock, but Serv-A-Dock was their company totally harmless in CONSENT AGENDA 1987 WEED SPRAYING CONTRACT Haugen moved, seconded by Gagne, to approve the Consent Agenda by awarding the 1987 weed spraying contract for spraying road right-of- ways and parks to Jim Mahoney in the amount of $2,460.00. Motion carried - 4 ayes. PUBLIC HEARING CONCEPT AND DEVELOPMENT STAGE - P.U.D. SHOREWOOD PLACE APARTMENTS Mayor Rascop opened the Public Hearing at 7:40 p.m. to hear a request from Shorewood Oaks Partnership for concept and development stage approval for a P.U.D. for an 18-unit Apartment building at Glen Road and County Road 19. Mark Steingas introduced his partner Jack Dennis and proceeded to present their plans. The Shorewood Place Apartments will consist of 18-2 bedroom units, 18 garages and 27 parking spaces. The exterior of the building and garages will be brick and cedar and the building will be 2 1/2 stories in height. They are proposing a ponding area that will hold a 100 year storm. Resident Dave Turgeon asked where the entrance to the building is proposed. Steingas stated that it would be 350' south of Glen Road on County Road 19. Mayor Rascop closed the Public Hearing at 7:58 p.m. after asking for futher public comment and receiving none. Planner Nielsen reviewed his 10 recommendations and indicated that they have complied with most of the recommendations, all others will be compl ied with in the final plan stage. Nielsen reviewed options proposed by the Fire Marshall in order to provide adequate fire protection for the apartments. Nielsen felt there was not enough area provided for the turning around of fire trucks or moving vans. Mr. Steingas does not want to add additional asphalt, he would like to maintain the proposed landscaping. Nielsen asked about a turning T to be added next to the building. -2- . . . Council Minutes Monday, April 13, 1987 page three SHOREWOOD PLACE APARTMENTS - cant. Rascop questioned the driveway and parking lot construction. Gagne asked about connection to municipal water and the installation of a sprinkling system. Developers were in agreement to connect to municipal water if it was available but the sprinkling system is expensive to install. The building will have smoke detectors and an alarm, it does meet the requirements of the Fire code. He felt the added cost of the sprinkler system would cause an increase to the renter of $150.00 per month and this type of building could not rent the units for that price, approximately $750.00 per month. Engineer Norton did feel that the backup system (in connection with Tonka Bay) would supply adequate fire protection if connected to a municipal system. Haugen obtained Brancel. moved to table the request until additional information can be regarding required sprinkling in other cities, seconded by Motion carried - 4 ayes. SIMPLE SUBDIVISION - 22375 MURRAY STREET Planner Nielsen presented a request for a lot line rearrangement in order to allow the neighbor to own his driveway that is presently on Mr. John Flesher's property at 22375 Murray Street. Staff and Planning Commission recommended an easement be granted. to the neighbor instead of a division. Nielsen stated that the neighbor has requested to withdraw the request, but Mr. Flesher must do that. Haugen moved, seconded by Brancel, to table the request until Mr. Flesher takes appropriate action. Motion carried - 4 ayes. EOUIPMENT BIDS Public Works Director recommendations from tractor-loader-backhoe sanders. has not returned from vacation but made the bids received on April 3, 1987, for one and 2 (two) diesel dump trucks, plows and Tractor-Loader-Backhoe RESOLUTION NO. 35-87 Gagne moved, seconded by Haugen to grant the tractor bid to Long Lake Ford Tractor, in the amount of $27,694.00 and stated that the bid best met the specifications ordered. Motion carried by Roll Call Vote - 4 ayes. Two Diesel Dump Trucks & Equipment RESOLUTION NO. 36-87 dump truck bid This bid best the equipment. Gagne moved, seconded by Brancel, to grant the diesel to Boyer Trucks, Inc. in the amount of $104,756.00. meets the specifications and will give uniformity to Motion carried by Roll Call Vote - 4 ayes. The City will be trading the tandem dump and the gasoline engine Ford. -3- Council Minutes Monday, April 13, 1987 page four . OFFICE SPACE NEEDS ANALYSIS The City received proposals from three architectural firms to do an office space needs analysis. The Council spoke to each of the representatives from these firms. Bob Russek of Bonestroo, Rosene, Anderlik & Assoc., Inc. began the presentation. He introduced Gene Coffey of C.P.M.I., Inc. as the firm that would be doing the space planning for the equipment and activities. Council had questions on the basis for the fees and thanked them for their time. COUNCIL BREAK 9:10 - 9:15 P.M. CONTINUATION OF NEEDS ANALYSIS INTERVIEWS The second presentation was Frank Reese of Israelson, Reese, Ellingson and Assoc., Inc. He indicated that they would do an analysis of what is cur rently here now, inventory, and then determine the future needs. Mr. Reese would be the primary contact and Sue Kakuk would do the space planning. Rascop asked Reese expansion. He felt basement could be done. if the current building was designed for only to the east and possibly some use of the . Nick Ruehl, President of E.O.S. Corporation reviewed his experience in this area and current projects he is working on. He feels there is a real need to listen to the people and find out their concerns. Gagne asked if the property the City owns next door will be included in the analysis. He would include this house for $500.00 over his present quote. John Bridge of the Financial Advisory Board asked the history of the needs analysis, was it triggered by the objection to the use of the building next door as an office facility. Bridge thought this analysis should include the entire area, public works and park land. Rascop indicated that the RFP only included the office space and should go for Met Council maximum population projections. Council discussed the firms proposal and what would best suit the cities needs. Brancel moved, seconded by Gagne, to accept the proposal from E.O.S. Corporation. Motion carried - 4 ayes. ATTORNEYS REPORT S.E. Area Water Tower Site . Attorney Froberg has indicating that the that the city would total cost to the City received information from Ken Klock, of MnDot appraisal has been completed on the property like for the S.E. Area Water Tower Site. The for this ::.:ement is $1,500.00. R lZ Council Minutes Monday, April 13, 1987 page five . ATTORNEYS REPORT - cont. S.E. Area Water Tower Site - cont. Haugen moved, seconded by Gagne, to accept the appraisal as being acceptable and agree to enter into a contract with the State subsequent to acquiring the property. Motion carried - 4 ayes. City Hall Lawsuit {} R- Froberg has received ~be order from the Judge dismissing all claims against the City of all judgements in the City Hall lawsuit of non- payment of subcontractor by the general contractor. Junk Ordinance ORDINANCE NO. 195 Froberg submitted a new Junk Ordinance that would allow the city to speed up the process of removal of junk from private residences where violations exist. This would allow for one notice to be sent or given to the owner and if nothing is done or no appeal has been made, the city can act on the removal after 10 days. Council reviewed this draft and added amendments and included "unlicensed vehicles". . Haugen moved, seconded by Gagne, to accept the draft of the Junk Ordinance including verbal amendments and waiving the 2nd reading. Motion carried - 4 ayes - to adopt the Ordinance. Eureka Road Storm Sewer Status The appraisal from Majestic's appraiser still has not been received. Procedure would be to exchange appraisals and determine validity of the appraisals. Froberg would like to proceed with condemnations proceedings. Gagne moved, seconded by Brancel, to direct the Engineer to prepare plans and specifications for this drainage project. Motion carried - 4 ayes. Water Ordinance for Commercial Use and Multi Family Units ORDINANCE NO. 196 Froberg clarified that this Ordinance would only affect Commercial users and multiple units of five or more where water is available for connection. This Ordinance does not address sprinkling requirements. Rascop moved, seconded by Gagne, to amend the draft to include 2 or more living units required to hook up to water. . Rascop moved, seconded by Gagne, to waive the second reading and adopt the Ordinance as amended. Ordinance adopted - 4 ayes. -5- . . . Council Minutes Monday, April 13, 1987 page six MWCC Conditional Use Permit RESOLUTION NO. 37-87 Froberg submitted the Conditional Use Permit Virginia. Resolution and final landscape plan for the with MWCC for the lift station at Lake Gagne moved, seconded by Haugen, to approve the Conditional Use Permit as submitted. Motion carried by Roll Call Vote - 4 ayes. Rottlund Law Suit Rottlund has obtained a temporary inJunction, effective April 1, 1987, to allow 5 ton weight limit on portions of Vine Hill Road, Covington Road and the road within the Covington Vine Ridge project. They have to submit a $15,000.00 bond for damage done to the roads caused by the 1 ton additional weight over and above the 4 ton limit of the Ordinance. The City inspected the areas on April 1, and will reinspect May 1, for difference in damages to the street. Opposition to Wine Sales in Grocerv Stores RESOLUTION NO. 39-87 The City has been notified that there is a bill before the Legislature that could allow grocery stores presently selling 3.2 beer, to be allowed to sell wine also. The municipal liquor stores are highly opposed to this change. Rascop moved, seconded by Gagne, to adopt a Resolution to be submitted to the Legislature stating their opposition to this bill. Motion carried by Roll Call Vote - 4 ayes. ENGINEERS REPORT Approval of Plans & Specification for the S.E. Area Pump House RESOLUTION NO. 38-87 Engineer Norton requested the approval of plans and specif~cations and to authorize advertisement for bids for the pump house for the S.E. Area Water System. Council reviewed the plans and Norton explalned the building design. Gagne moved, Specifications l<lay 26, 1987. seconded by Haugen, to approve the Plans and and to authorize advertisement for bids to be opened Motion carried - 4 ayes. Council questioned the need for iron removal or softening treatment in the future. Norton stated that an additional building 30 x 50 would be needed to house this type of facility. -6- . . . Council Minutes Monday, April 13, 1987 page seven ENGINEERS REPORT - cont. Water Tower Style Staff wanted to The Council will soon. confirm the Council choice of water tower design. review designs ~n person and decide on a style PLANNERS REPORT Construction Sign Permit - Near Mountain Mike Pflaum has requested a construction sign at McKinley allowable size limits. sign permit to Place. This install a 8 x 8 sign ~s within the Haugen moved, seconded by Gagne, to approve the sign permit as requested. Motion carried - 4 ayes. Village Pump Construction Red Tagged Nielsen "red tagged" the improvements to the Village Pump building. The owner has indicated that he wants to put a video store in. Nielsen would like to see a list of uses when he submits his building permit request. He questions if the uses are allowable under the Ordinance. The fire marshall will be doing a report on the gas tanks. Council asked about the present outdoor storage use. Nielsen stated that the owner has already stated that he will remove the storage if required by the City. Haugen asked if the City should inquire if the owner of Village Pump might be interested in selling part of all of that property. Vogt will discuss this with the property owner. ADMINISTRATORS REPORTS Contract Mowin9 of Parks Administrator Vogt has been looking into the possibilities of contracting out the park mowing. Zdrazil is in favor of this due to the increasing responsibility of the parks when the regular work load is increasing. Vogt will continue to obtain information on what services would be provided. Auto-Dialer Purchase Prices have Badger well. $875.00 plus Munitech. been obtained for an auto-dialer to be installed in Staff recommends the purchase of an auto-dialer at a phone line, to be installed and purchased by Rascop moved, seconded by Gagne, to approve the purchase and installation of the auto-dialer. Motion carried - 4 ayes. -7- . . . Council Minutes Monday, April 13, 1987 page eight ADMINISTRATORS REPORT - cont. Joint Energy Commission RESOLUTION NO. 40-87 A Resolution has been submitted for approval for the City to enter into a Joint Commission establishing a recycling program and joint powers agreement. Rascop stated that the Islands would be Joining with the Minnetrista and Mound group. The rest of Shorewood would be with Deephaven, Excelsior, Greenwood, Tonka Bay and Woodland. seconded by Gagne, to adopt the Joint Power sign a Joint Powers Agreement for the Energy Motion carried - 4 ayes. A Joint Powers Agreement in will come back to the Council for review. Brancel moved, Resolution and Commission. its final form Resi9nation of Tad Shaw as Minnetonka Communitv Services Representative A letter of resignation has been received from Tad Shaw due to his at large appointment to the Community Services Board. Council accepted his resignation and will be contacting Jim Jones of Community Services for an" interested person as a replacement at Shaws suggestion. MAYORS REPORT Police Summarv Report Rascop asked if the Council has any questions regarding the summary or the Police budget. There were none. RFP's have been sent for a new police building. The audit report is available for review. The LMCD financial statement is also available. COUNCIL REPORTS Load limit violations have been reported on Lilac Lane. Police will be informed. The AMM meeting will be held on May 28 for recommendations for open seats on the Board of Directors. Council authorized Jan Haugen to attend the League of Minnesota Cities conference in Rochester. Council questioned the status of the filling on the Brooks Hauser property. Nielsen stated that he is coming in for a variance request to fill withIn 20' of the lakeshore. That is the only actual violation. Council feels there should be restriction controls regarding shoreline or marginal land filling. Council supports a Resolution being drafted and sent to the Watershed requesting that they do not approve permits on shoreline or marginal lands without a complete review of the request. -8- . . . Council Minutes Monday, April 13, 1987 page nine EXECUTIVE SESSION: PERSONNEL POLICIES APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Brancel, to adjourn the Regular Council Meeting of April 13, 1987 at 12:20 a.m. (Tuesday) subject to approval of claims for payment. Motion carried unanimously - 4 ayes. General and Liquor Funds - Acct. No. 00-00166-02 General Liquor Checks # 050461 - 050524 Payroll Check List: Checks # 201116 - 201143 $59,638.75 S 8,272.47 $67,911.22 $18,067.71 Total S 2,752.00 $20,819.71 ~~/~~ Mayor Rascop YESPCTF~LLY~E~ '/ / ~ ~:aer&~~eilyry-~.LtJ City Clerk SKjslt -9-