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052687 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING TUESDAY, MAY 26, 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Regular Council Meeting of the Shorewood City Council was called to order at 7:33 p.m., Tuesday, May 26, 1987, in the Council Chambers by Acting Mayor Haugen. PLEDGE OF ALLEGIANCE AND PRAYER Acting Mayor Haugen opened the Regular Council Meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop arrived at 7:40 p.m., Councilmembers Haugen, Stover, Gagne, and Brancel Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Brancel moved, seconded by Stover, to approve the minutes of the special meeting of the May 4, 1987, as written. Gagne moved, seconded by Stover, to approve the minutes of the Regular meeting of May 11, 1987 as written. MATTERS FROM THE FLOOR Brentridge Request Dave Johnson asked for the opportunity to delay action on the Findings of Facts, in order to discuss the Brentridge proposal. The Council will be discussing this issue under item lOA. Request for Executive Session Brad Nielsen asked if the Council would be holding an executive session tonight as requested by staff. Council will set the session for a later date. Howards Point Road/Smithtown Road Complaint radius of the wide enough The Engineer this could be done as part of turn at Howards Point Road to accomodate the car and has been made aware of the changed if Brentridge is last year's Smithtown Road Joe Gorecki stated that the and Smithtown Road is not trailers for the mar1na. problem, he stated that improved or it will be project. -1- Minutes Tuesday, May 26, 1987 page two . PLANNING COMMISSION REPORT Stover stated the Commission reviewed the Hauser site for their variance request and they discussed the Danser request. PARK COMMISSION REPORT Commissioner Ken Vogel reported on the past actions of the Park Commission. The Commission would like the grading for Silverwood Park completed soon. They recommended that the parking lot be installed with the pumphouse completion. The Park Fund fee for Westwood Addition is preferred. They like the idea of a tot park but it should be a neighborhood responsibility instead of the City's. The Commission supports the letter to Chanhassen in disagreement with assessing of Cathcart Park for sanitary sewer. CONSENT AGENDA LIQUOR AND BEER LICENSE RENEWALS RESOLUTION NO. 63-87 . License renewals have been received from: Minnetonka Country Club - Liquor On Sale - Sunday American Legion Post #259 - Sunday and Club Liquor Plaza Tom Thumb - Off Sale - 3.2 Beer Skipperette - Off Sale - 3.2 Beer STREET LIGBT REQUEST - MCKINLEY PLACE 2ND ADDITION Mike Pflaum has requested a street light to be installed at the culdesac at the end of McKinley Place. APPROVAL OF PAYMENT - S.E. AREA TRUNK WATERMAIN PROJECT NO.86-lE - FINAL PAYMENT Engineer Norton final payment Watermain. recommended payment of $27,158.09 as a second and to Widmer, Inc. for Project 87-lE - S.E. Area Trunk Haugen moved, seconded by Brancel, to approve the above listed Consent Agenda items. Motion carried - 5 ayes. SHORELAND ALTERATION VARIANCE - 27190 EDGEWOOD ROAD . The Attorney for J. Brooks Hauser, Bruce Malkerson and their landscape designer Daryl Melquist, were present to make Mr. Hauser's variance requests. Mr. Malkerson referred to a letter submitted April 30, 1987 from the Hausers, he listed hardships that would exist if the variance was not granted. He referred to attached landscape plans and the need for a 5 to 1 slope in a 40 x 45 area in order to alleviate the need for an additional structure, such as a retaining wall near the lakeshore. -2- Minutes Tuesday, May 26, 1987 page three . SHORELAND ALTERATION VARIANCE - cont. Nielsen reviewed the Planning Commission response and feels there may not be a need to remove additional fill from the lagoon area, but he wants the slope to meet the 6 to 1 slope even if it requires a berm or retaining wall. Rascop was concerned about the direct run-off from the driveway into the lake. Malkerson agreed to divert the run-off down the driveway to a large area of the lawn. Pool drainage and run-off to the Carroll Property were discussed. The Carroll's have submitted written approval of Hauser's drainage plan. The DNR and MCWS have reviewed the lakeshore plans and recommend drainage pipe at the lake at a 93l.5 elevation. Mr. Gorecki asked if the Engineer has determined the amount of fill placed on this site. Nielsen indicated that the determination will be made when the landscaping has been completed. Betsy Robertson asked if there was a drainage problem on the south side property before or was it created by the filling now. Rascop asked if the drainage pattern has been altered, and asked if a catch basin could be installed to prevent direct flow of debris into the lake. Melquist felt the 8" drainage pipe will improve the past drainage problems to the Carroll property and a catch basin that can be cleaned could be added to the plan. . Gorecki asked if a fill permit has been issued. Nielsen stated that no permit has been issued for fill within 20' of the lake, but that all fill around the house was covered by the building permit. Stover questioned the proposed landscaping completion schedule. She also asked if the proposed drainage plan does not drain properly what recourse does the City have to make Hauser alter the drainage even if it means changing an underground sprinkling system. Hauser would have to comply with all conditions specified by the Planning Commission and Council regardless of the cost of regrading. Stover moved to approve the filling variance subject to the Planning Commissions recommendations, inverted driveway crowning, catch basins with clean out pipes for deck and pool, with the Engineer's approval of the site and drainage plans with specified contact person with the City, excluding the allowance for a 5 to 1 slope, seconded by Haugen. After consideration Stover withdrew motion, Haugen accepted. DENIAL OF GRADING PLAN - HAUSER RESOLUTION NO. 64-87 Gagne moved, seconded by Haugen, to deny the variance of the grading plan to include a 5 to 1 slope portion, and to direct the Attorney to draft a Findings of Fact. Motion carried by Roll Call Vote - 5 ayes. . -3- Minutes Tuesday, May 26, 1987 page four . APPROVAL OF FILL VARIANCE - HAUSER RESOLUTION NO. 65-87 Stover moved, seconded by Haugen, to approve the variance to fill within 20' of lakeshore to Planning Commissions recommendations, inverted driveway crowning or berming, two catch basins with clean outs, berms as needed only - 2" top soil and sod, no additional of fill without Council's approval. Motion carried by Roll Call Vote - 5 ayes. Mrs. Gorecki felt it was inexcuseable that it took 8 months for the Hauser's to obtain the necessary permit for the work they have done, and are being allowed to continue adding fill and sod. Malkerson stated that the Hausers have apologized for their "screw - ups". Rascop stated that he only approved the request so as not to cause additional damage to the lake. Gagne felt the Watershed should have done their job and that stricter control and fees for violation should be enacted. Rascop supports the L.M.C.D. request to control lakeshore. SIMPLE SUBDIVISION REVISION - TERRY O'SULLIVAN RESOLUTION NO. 66-87 . Mr. O'Sullivan's but his closing description. simple subdivision was approved in January of 1987, company has requested a clarification on the legal Haugen moved, seconded Resolution by Attorney cost to be charged to Roll Call Vote. by Gagne, to approve the drafting of a new Froberg to correct the original Resolution, Mr. O'Sullivan. Motion carried - 5 ayes - by DRAFT SEWER EASEMENT - O'SULLIVAN RESOLUTION NO. 67-87 Attorney Froberg informed the Council that the original sewer easement drawn did not confirm the sewer easement which needs to be clarified at this time. Haugen moved, sewer easement Vote - 5 ayes. seconded at the by Brancel, to authorize the drawing of the City's expense. Motion carried by Roll Call BID AWARD S.E. AREA PUMPHOUSE PROJECT 86-IC RESOLUTION NO. 68-87 Engineer Norton May 26, 1987. recommended award Construction, Inc. Alternate C could better bid. reported on the bid proceedings held at 11:30 a.m., He has checked all tabulation on the bids. Norton of alternate A & B bid schedule only to A & K in the amount of $168,501.00. Norton felt be included with future park improvements for a . Gagne moved, awarded the $168,501.00. seconded by Haugen, to accept the recommendation and bid for Project 86-IC to A.K. Construction, Inc. for Motion carried by Roll Call Vote - 5 ayes. COUNCIL BREAK 9:12 P.M. TO 9:20 P.M. -4- Minutes Tuesday, May 26, 1987 page five . OFFICE SPACE NEEDS ANALYSIS REVIEW Nick Ruehl of E.O.S. Corporation reviewed the review process done in order to prepare a space needs plan. He interviewed staff, inspected current office space, projected future needs, reviewed equipment and furniture needs, parking availability and driveway entrances. He presented two alternatives for expansion to the current building of 241 x 44' and 361 x 441 and made recommendations for new equipment and interior alterations. Council asked him to review the structural construction of the present building and possible expansion of the Council Chambers. The Engineer should check sanitary sewer level for the lower level. Council supports the Alternative #1 of a 361 x 441 addition to include lower level plumbing rough in, with separate cost estimate for equipment and interior work and added mechanical needs. Joanne Carroll asked about the status of the house property to the south of City Hall. Council would discuss the disposition of the house at the June 22, 1987 Council meeting. ATTORNEYS REPORT . Brentridge - Continuation of Action on Findings of Fact Dave Johnson has requested delay of action on the Findings of Fact denying the rezoning of the Brentridge subdivision. He is acting in the capcity of representing and possible purchaser of the project from United Mortgage. Haugen moved, seconded by Gagne, to continue action on the Findings of Fact on the Brentridge rezoning. Motion carried - 5 ayes. Stover moved, seconded by preliminary plat approval carried - 5 ayes. Gagne, to reconsider the request for as requested by Mr. Johnson. Motion Planner Nielsen stated that this project can proceed without a new Public Hearing at this time. He recommended returning to the Planning Commission with the proposal on June 16, and Council Agenda on June 22. Easement Encroachment Agreement - Larrv Reid Council reviewed an agreement prepared by Mr. Reid's attorneys allowing for conditions to install a concrete patio over the city's sewer easement. . Council recommended the removal of item #3 - "Allowing for 10 days notification of removal", and additional legal descriptions and return the draft to the Council for review. -5- . . . Minutes Tuesday, May 26, 1987 page six ATTORNEYS REPORT - cont. Land Registration Filing Attorney Froberg will be filing an objection on behalf of the City for an easement for road purpose on a property on Edgewood Road. Loverin Suit Henney and Loverin have filed a suit against the City and are asking for the right to deem their property buildable. ENGINEERS REPORT Extension of Water Service - Resurrection Cemetery A request has been received to extend a 2" water service to the Cemetery owned by St. Johns The Baptist Church. The cost to be paid by the Church at a cost from Widmer, Inc. of $671.80. Rascop expense by the 5 ayes. moved, seconded by Haugen, to recognize the additional to Project 86-lC in the amount of $671.80 to be reimbursed Church in the form of a connection charge. Motion carried - PLANNERS REPORT Near Mountain - Park Dedication Fee Request A request was received from Mike Pflaum to divide the fees for the 31 units dropped from the development equally over the remaining lots to be developed. Brancel feels the Park Commission would like to see these fees paid up front to eliminate future confusion. Attorney Froberg read the agreement and stated that no specific time was denoted for payment of these units. Council directed Administrator Vogt to respond to Lundgren Bros. requesting up front payment. ADMINISTRATIVE REPORTS Minnetonka Countrv Club Clean-Uo Vogt informed the Council that all clean-up at the Country Club was completed as directed. -6- . . . Minutes Tuesday, May 26, 1987 page seven ADMINISTRATIVE REPORTS - cont. Recvclinq Coordination RESOLUTION NO. 69-87 Administrator Vogt submitted a Resolution unifying pick up and drop off dates for recycling for the South Lake area. Representative Pat Gorecki felt the progress has been good, she also referred to good education programs that will be held in schools to inform the uses of the recycling program. Gagne moved, seconded by Haugen, to adopt the include the dates for the Island recycling program. by Roll Call Vote - 5 ayes. Resolution and Motion carried Appointment of Bookkeeper - Jean Busbv Gagne moved, bookkeeper as ayes. seconded by Stover, to appoint Jean Busby as the new recommended by Vogt and Beck. Motion carried - 5 Board of Review The annual Board of Review on Thursday, May 28, 1987 at 7:30 p.m. on the 1987 valuations. Executive Session Council will set an executive session as requested by members of the staff at the May 28, 1987 meeting for some future date. Request for Donation - American Legion Drill Team The Shorewood Liquor Store has been asked to contribute to the American Legion Womens Drill Team in order to attend a National competition in Texas. Council feels there is no allocated funds for contributions. Villaae Pump Property The Village Pump Property has gone up for sale at $275,000.00. Gagne feels there is a need for this property. Council directed Vogt to obtain the assessor's valuation. Rascop also questioned the previously proposed mini-storage site. -7- Minutes Tuesday, May 26, 1987 page eight . MAYORS REPORTS Emplovee Appreciation Party Rascop moved, seconded by Gagne, to allocated funds from the Mayor's and Council budget for an employee party - approximate expenditure of $30 per employee and spouse. Motion carried - 5 ayes. LMCD REPORT Lake speed limit issue has been tabled, Rascop recommends 20 mph. Dowden Cable will be televising LMCD meetings. There will be an increase in the LMCD budget for additional planning and public relations. COUNCIL REPORTS ~ ;<. Letter of Recommendation - Wallace Davton Rascop moved, seconded by Gagne, to write a letter of recommendation in support of Wallace Dayton's receipt of the Humanitarian Award. Motion carried - 5 ayes. . Emplovee policv - Resignation Interview Council directed that an interview by Council be held when resignations have been received, this should be incorporated into the Employee Relationship Policy. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Brancel, to adjourn the Regular Council meeting of May 26, 1987 at ll:53 p.m. subject to approval of claims for payment. Motion carried unanimously. General and Liquor Funds - Acct iOO-00l66-02 General $2l9,8l6.25 Checks i050694 - 050900 Payroll Check List: Checks i20l206 - 201234 Total $ 8,599.29 $228,4l5.54 Liquor $42,693.l3 $ 2,7l2.38 $45,405.5l RESPECTFULLY SUBMITTED, ;/ tIvI ~~ Robert Rascop Mayor . Sandra L. Kennelly City Clerk SLK/slq -8-