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072787 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 27, 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S tit CALL TO ORDER The Regular Council Meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, July 27, 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 Brancel, Stover, Gagne, (Haugen absent). Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne Regular ayes. moved, seconded by Meeting of July Brancel, 13, 1987 to approve as written. the minutes of the Motion carried - 4 . Gagne moved, seconded by Rascop, to approve the minutes of the Special Meeting of July 9, 1987 as written. Motion carried - 4 ayes. MATTERS FROM THE FLOOR Eureka Road Drainage Problem Dennis Snyder of 5985 Eureka Road requested that a installed under Eureka Road by the Freeman Park entrance the drainage back-up from Mann Lane. Council directed to return with information regarding this request. culvert be to alleviate the Engineer PARK COMMISSION REPORT Marty Jakel of the Park Commission was present to request needed approvals for funds relating to park improvements. Brancel moved, seconded by Gagne, to approve an additional $350.00 (total $700.00) to obtain an architectural signature on the Manor Park building plans. Motion carried - 4 ayes. Brancel moved, seconded by Stover, to authorize the purchase and installation of tennis court back boards at Cathcart and Manor Park. Motion carried - 4 ayes. . -1- r tit . . MINUTES MONDAY, JULY 27, 1987 PAGE TWO PARK COMMISSION REPORT - cont. Brancel moved, seconded by Gagne, to submit the grading plans to the Engineer for review and approval, and prepare a cost estimate for this work. Motion carried - 4 ayes. AWARD STREET IMPROVEMENT PROJECT NO. 87-2 RESOLUTION 90A - 87 Engineer Norton has checked references on the low bidder, Munn Blacktop, because he has had no experience in the past with this company. Mr. Terry Munn, owner of Munn Blacktop, was present to respond to the Council questions. He reviewed the past experience and that of his personal. He referred to his equipment and job sites he has completed. Gagne moved, seconded Improvement Project to Motion carried - 4 ayes. by Stover, to award Project No. 87-2 - Street Munn Blacktop in the amount of $134,466.00. By Roll Call Vote. CONSENT AGENDA SHOREWOOD SHOPPING CENTER AND VIDEO UPDATE SIGN REQUEST Stover moved, to remove Shopping Center from the on the request. Nielsen the regulations of the sign the sign permit request by the Shorewood consent agenda, asking for clarification stated that the request will comply with Ordinance. Stover withdrew her motion. Gagne moved, seconded by Brancel, to approve the sign requests by Video Update at 19465 State Highway 7 and the Shorewood Shopping Center as recommended by the Planner. Motion carried - 4 ayes. FERNCROFT FINAL PLAT APPROVAL AND ROAD VACATION/LAND EXCHANGE Planner Nielsen has recommended approvals of the Final Plat and the exchange of properties subject to the following conditions: 1. Approval of the Road Vacation. 2. Receiving the Title of Outlot A. 3. Park Fees paid ($1,000.00). 4. All documents providing containing all owners signatures. 5. Acceptance of sewer equalization charges. 6. The second half taxes paid on Outlot A. APPROVAL OF VACATION PORTION OF FERNCROFT DRIVE RESOLUTION NO. 90-87 Gagne moved, seconded by Brancel, to approve the road vacation and exchange of property as proposed. Motion carried by Roll Call Vote - 4 ayes. -2- . . . MINUTES MONDAY, JULY 27, 1987 PAGE THREE FERNCROFT FINAL PLAT APPROVAL RESOLUTION NO. 91-87 Gagne moved, seconded by Stover, to approve the subdivision subject to the above listed conditions of the Planner. Motion carried by Roll Call Vote - 4 ayes. RIDGE POINT FINAL PLAT APPROVAL AND DEVELOPMENT CONTRACT RESOLUTION NO. 92-87 Dick Conry, developer for Ridge Point, was present. Nielsen reviewed the development agreement for the Council. Mr. Conry agreed to all stipulations in the agreement. Gagne moved, seconded by Stover, to approve the Final Plat of Ridge Point and authorize the signature of the development agreement. Motion carried by Roll Call Vote - 4 ayes. TOWNE ADDITION - FINAL PLAT CONTINUATION Mr. William Ecoff and his Engineer have submitted their request to the Watershed district. Nielsen has a letter from the watershed requesting additional information. This information is being submitted by Ecoff1s Engineer and they are expecting approval at the August 20th meeting. Engineer Norton has reviewed the storage capacity calculation and feels they are correct. Mr. Bergslein asked if a letter of credit has been included. Nielsen stated that it is included as part of the contract. Ms. Jane Kuhar, Attorney for Mr. Ecoff, feels that all the conditions have been complied with accept the final approval of the watershed district. Mr. Ecoff asked Mr. Littlefield, {a Glen Road Resident}, to comment on the affect drainage from Ecoff1s property had on him during the last rain storm. Mr. Ecoff felt the surrounding properties were causing the Glen Road drainage problem, not his property. Mr. Littlefield supports the Council position to not approve the subdivision until watershed approval has been received, as previously requested by Mr. Littlefield. Mr. Bill Engelhart, Engineer for Mr. Ecoff, discussed the cities comprehensive storm sewer plan and stated that the new ponding system proposal will handle more run off than the present property does, and more than required. The Council supports the tabling of this issue until watershed approval has been received as determined at the last Council meeting. -3- . . . MINUTES MONDAY, JULY 27, 1987 PAGE FOUR GALPIN LAKE WOODS CLARIFICATION OF WATER SYSTEM Mike Halley was present to ask the Council their policy for supplying water to new subdivisions. He is proposing a subdivision on Bracketts Road and felt that it was not economically feasible to extend water from the Woodhaven well. Council stated the current policy does not require municipal water for subdivisions. DENIAL OF USE OF PUBLIC RIGHT-OF-WAY - 25535 BIRCH BLUFF ROAD Mr. Greg Sorenson of 25535 Birch Bluff Road has requested the right to place a 61 high privacy fence on the road right-of-way. He stated that this fence would not prohibit snow plowing but would keep bikers from IIjumpingll their bikes onto his lawn. Gagne moved, seconded by Brancel, to deny the request as submitted. Motion to deny was approved - 3 ayes to I nay (Stover). PLANNERS REPORT Condemnation Orders - 5620 Countv Road #19 & 4205 Enchanted Drive Attorney Froberg informed Nielsen of supercede City Ordinances regarding Nielsen is proceeding in accordance with orders to have these dwellings removed. Minnesota Statutes that condemnation procedures. statutes and is requesting Ordering Removal of Dwelling - 5620 County Road #19 RESOLUTION NO. 93-87 Gagne moved, seconded by Brandel, to have the Council order the removal of a hazardous building at 5620 County Road #19 and authorize the Mayor to execute the Order. Motion carried by Roll Call Vote - 4 ayes. KR.. Ordering Removal of Dwelling - 4205 EnchantedLane RESOLUTION NO. 94-87 Gagne moved, seconded by Brancel, to have the Council order the removal of a hazardous building at 4205 Enchanted Lane and authorize the Mayor to execute the order. Motion carried by Roll Call Vote - 4 ayes. DISCUSSION OF REINSTATEMENT OF TINGEWOOD PLANNED UNIT DEVELOPMENT Attorney Smith was present representing Construction, requesting reinstatement of order to resume building. Robert Erickson of B.E. the Tingewood P.U.D. in He would like a staff representative appointed to work out final details of the development agreement as to not have to return to the Council to reinstatement the P.U.D. -4- . . . MINUTES MONDAY, JULY 27, 1987 PAGE FIVE DISCUSSION OF REINSTATEMENT OF TINGEWOOD PLANNED UNIT DEVELOPMENT - cont. Rascop asked if all the conditions previously submitted have been complied with yet. Mr. Smith thought that most of them have been completed, and would like construction to resume now. Allen Rubenstein, a resident of Tingewood, spoke in favor of the continuation of this project. Council gave conceptual approval but wants all items previously listed completed prior to reinstatement of the P.U.D. ATTORNEYS REPORT Support for Signal Lights at County Road #19 and State Highway #7 RESOLUTION NO. 95-87 Gagne moved, seconded by Brancel, to direct that the Resolution be forwarded to Excelsior supporting the installation of signal lights at State Highway #7 and County Road #19 due to the hazardous conditions at that intersection. Motion carried by Roll Call Vote - 4 ayes. Ordinance Adopting the New City Code Book ORDINANCE NO. 197 Administrator Vogt supports Additional Ordinances passed Ordinance repeals are done. the adoption of will be added the new code book. to this book until Mr. Bergslien asked if this Ordinance covered the responsibility of road right-of-ways. He felt that the right-of-ways need removal of a lot of diseased and dead trees. Vogt stated that was the responsibility of the City and money has been budgeted and scheduled for removal. Gagne moved, seconded by Stover, to adopt an Ordinance accepting the new Ordinance Code Book. Ordinance adopted - 4 ayes. Amendment of Water and Sewer Service Agreement with Tonka Bay Attorney Froberg submitted the agreement for water/sewer service agreement with Tonka Bay for Council review. A previous Resolution was adopted authorizing the signature of the agreement. Condemnation Update - Maiestic The first scheduled and the Hall. meeting of the Commissioner's to review the property is for August 6th, testimony will be taken September 2 and 3 15 and 16 if necessary. This meeting will be held at City -5- . . . MINUTES MONDAY, JULY 27, 1987 PAGE SIX ATTORNEYS REPORT - cont. Executive Session was called to order at 8:55 p.m. to discuss negotiations with Mr. Majestic, session closed at 9:10 p.m. S.E. Area Condemnation proceedings begin on August 28. COUNCIL BREAK 9:10 P.M. - 9:13 P.M. ENGINEERS REPORT Acceptance of Plans and Specifications for S.E. Area Water Tower RESOLUTION NO. 96-87 Engineer Norton reviewed the plans for the water tower. He suggested the City logo be placed on the north and south facing sides of the tower and the name "Shorewood" on the east and west sides. He is proposing signal transmission with dedicated phone lines or a radio requiring FCC Frequency with an estimated cost of $25,000.00 to $30,000.00. He would like to take bids on a 400,000 gallon tower and a 500,000 gallon tower to obtain the best bids. Gagne moved, seconded by specifications for the S.E. Roll Call Vote - 4 ayes. Stover, to accept the plans and Area Water Tower. Motion carried by Authorize to Water Tower Advertise for Bids and Acceptance of Bids - S.E. Area RESOLUTION NO. 97-87 Gagne moved, seconded by Stover, to advertise of bids for 400,000 gallon and 500,000 gallon water tower. Bids will be received on August 31 at 11:30 a.m. Motion carried by Roll Call Vote - 4 ayes. ADMINISTRATIVE REPORT RecYcling Agreement - Super Cycle RESOLUTION NO. 98-87 Administrator Vogt and Citizen recycling representative Pat Gorecki reviewed the recycling agreement with Super Cycle. The agreement provides for one drop off site and one curb side pick up each month for all of Shorewood residents, at a cost of $602.00 per month. Gagne moved, seconded by Brancel, to authorize the Mayor and City Clerk to enter into this agreement with Super Cycle. Motion carried by Roll Call Vote - 4 ayes. Mrs. Gorecki stated that education and publicity is necessary now to make the recycling sucessful. The League of Women voters program is already meeting the goal set by Hennepin County for percentage of recyclables collected. Council thanked Mrs. Gorecki for all her efforts in establishing the recycling program. -6- MINUTES MONDAY, JULY 27, 1987 PAGE SEVEN ADMINISTRATORS REPORT - cont. 4It Corridor StudY Update Vogt and Haugen attended the July 23 Corridor the Commission accepted the recommendation of alternatives 4 and 5 to proceed into the process. Financial concerns of the City are and without financial participation from the cities, nothing can be done. Study Meeting where the MnDOT staff for project development understood by MnDOT City or surrounding Office Expansion Update Vogt met with Nick Ruehl of EOS and informed him of the limitation of $150,000.00 for the total project cost of the addition to City Hall. He reviewed the next steps to be completed. Rascop would like to meet with the architect and see more than one plan. Flood Damage Report . A portion of Rustic Way washed away, the City dumped rip-rap in and will correct the problem soon. The railway corridor washed out in two sections, this will be taken care of by Hennepin County. A boulder wall was washed away in Waterford, this will be repaired by the residents. Crescent Beach has been closed due to a Met sewer back-up and flowing out at the beach. Country Club Road flooded out, it has been suggested by Mr. Witrak ~install a culvert on the S.W. corner of the golf course to alleviate this problem. Engineer Norton will review this proposal. One report of a wash out came from Birch Bluff Road. Federal inspectors have been out on private property damage. Manor Park tennis court retaining wall collapsed and caved in the fence. Ivy Lane had some erosion of a retaining wall and a catch basin over flowed when it filled up with leaves. Resignation of Public Works Director Don Zdrazil has submitted his resignation as Public Works Director affective August 4, 1987. Advertisement for a new director will be placed. MAYORS REPORT Island Storm Report Rascop stated that five trees fell be removed by residents in order rented a pump to pump water off of to see the dead trees on the public also like a "red tag" placed in file addressing drainage in case property. down on public roads and had to to get off the islands. He has Enchanted Point. He would like right-of-way removed. He would the Upper Lake Minnetonka Yacht of future development of that . -7- MINUTES MONDAY, JULY 27, 1987 PAGE EIGHT COUNCIL REPORTS ~ Agenda Mailing Brancel moved to develop an agenda mailing list for those people who would like to receive the agenda, seconded by Rascop. Motion carried 4 ayes, notice of the list will be placed in the City newsletter. Shorewood Oaks Complaint Brancel questioned why there was a great deal of tar and old hay piled up at the Shorewood Oaks site. Engineer Norton will talk to the on site inspector and have it cleaned up. He also stated that the water relief system is working properly through the heavy rain storm. Executive Session fl-L- The Council held an executive session to discuss personnel matters. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Stover, to adjourn the Regular Council meeting of July 27, 1987 at 11:10 p.m. subject to approval of claims for payment. Motion carried - 4 ayes. . General and Liquor Funds - Acct. No. 00-00166-02 General Liquor Checks #051083 - 051152 $71,828.34 $24,419.51 Payroll Check List: Checks #201420 - 201453 Total S 9,133.90 $80,962.24 S 2,840.08 $27,259.59 RESPECTFULLY SUBMITTED, /J?rdJ ~~ Robert Rascop Mayor Sandra L. Kennelly City Clerk SLK/slq . -8-