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091487 CC Reg Min .0 . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 14, 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Regular Council meeting 02 the Shorewood City Council was called to order at 7:30 p.m., Monday, September 14, 1987, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Acting Mayor Haugen opened the Regular Council Meeting with the Pledge of Allegiance and a Prayer, ROLL CALL Present: Acting Mayor Haugen (Mayor Rascop arrived at 10:25 p.m,) Councilmembers Brancel, Stover and Gagne. Staf2 Attorney Froberg, Engineer Frigard, Administrator Vogt, Planner Nielsen and Clerk Kennelly APPROVAL OF MINUTES Brancel moved, seconded by Gagne, to approve the minutes 02 August 24, 1987 as amended - 4 ayes CRascop absent), Gagne moved, seconded by Stover, to approve the minutes of August 13,1987 as amended - 4 ayes (Rascop absent), MATTERS FROM THE FLOOR Notification of Chance on Acenda A resident asked the Council i2 there was some way 02 in20rming the public when changes have been made on the agenda. Council directed staff to change the posted agenda when possible and an announcement will be made at the beginning 02 the meeting regarding any changes, PLANNING COMMISSION REPORT Gagne attended the last Planning Co~mission Meeting. He will report on the items addressed as they come up on the agenda. PARK ,COMMISSION REPORT Commissioner Lindstrom introduced and recommended she be appointed Commission. Angela Weatherly to the Council to the vacancy on the Park Stover moved, seconded by Brancel, to appoint Ms. Weatherly to the Park Commission. Motion carried - 4 ayes. -1- MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE TWO . PARK COMMISSION REPORT - cont. Lindstrom intr~duced David Walker and Ernie Benny representing thp South Tonka L~ttle League. They requested permission to improv~ the s02tball 2~elds a~ Freeman Park. They would like to change the current Babe Ruth 2~eld to a softball 2ield to be used by 13-15 year olds. The cost of this improvement would be paid for by a promised $12,000.00 from a Tonka Men's Club donation. They also would like to upgrade the current Little League 2ield. A 15 year lease is currently in e2fect with the South Tonka Babe Ruth league for the use of the Babe Ruth field. Mr. Walker is meeting with a representative of the Babe Ruth league to obtain an agreement with them regarding the field. They are asking for permission to reduce the size of the Babe Ruth field, completely redo that field, and move the fence in. They would also like to upgrade the Little League field by grading, resodding, striping and general clean-up and maintenance. They will also need water available to water the new sod when it is installed. Vogt recommended prior to further accessibility of sources. that an agreement be made with Tonka Babe Ruth discussion. Staff will look further into the obtaining water from Shorewood Oaks or other . Brancel moved, seconded by Gagne, to approve the renovation of both fields except the moving of the Babe Ruth 2ield fence until an agreement has been made with the leaser. Motion carried - 4 ayes, Brancel directed the staff to look into the feasibility of water and the cost for Freeman Park. Brancel moved, seconded by Gagne, to approve the expenditure of $688.50 for a Park sign to be installed by MnDOT, funds to come out of the Park Fund. Motion carried - 4 ayes. The Park Commission recommended that the Council request park fund fees as opposed to land donation from the Galpin Lake Woods subdivision. CONSENT AGENDA STREET LIGHTING REQUESTS: MCKINLEY PLACE 3RD AND SHORE WOOD OAKS Requests have been received from the developers of Near Mountain and Shorewood Oaks to install street lights in these subdivisions, McKinley Place at Near Mountain 3rd and Shore wood Oaks. LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION - 1988 BUDGET APPROVAL RESOLUTION NO. 111-87 . The 1988 Cable approval to the increase over the Communications Budget has been submitted for Joint Powers cities. The budget reflects a 19.7% 1987 budget. -2- MINUTES MONDAY, SEPTEMBER 19, 1987 PAGE THREE ~ CONSENT AGENDA - cont. FINDINGS OF FACT - AMOCO SERVICE CENTER CONDITIONAL USE PERMIT RESOLUTION NO. 109-87 A Resolution of Findings of Fact was submitted denying the Conditional Use Permit for the Amoco Service Center. This denial was adopted at the August 24, 1987 Council Meeting. FINDINGS OF FACT - BRENTRIDGE E.A.W. RESOLUTION NO. 112-87 A Resolution the denial subdivision. was submitted stating the Findings of Fact supporting of the request for an E.A.W. on the Brentridge PAYMENT VOUCHER APPROVALS S.E. Are. Pumohou.. - Pro,.ct No. 86-1C Engineer Frigard recommended approval of payment of Voucher #1 in the amount of $26,401.80 to A & K Construction, Inc. Shore wood Oaks - Pro1ect 87-1 . Engineer Frigard recommended approval of payment of Voucher #4 in the amount of $169,186.72 to Richard Knutson, Inc. Sealcoatina and Overlay - Pro1ect No. 87-2 Engineer Frigard recommended approval of payment Voucher No.1 in the amount of $111,221.00 to Munn Blacktop, Inc. AUDIO SYSTEM PURCHASE - BUDGET AMENDMENT Due to additional equipment audio system, an increase $3,000.00 to $3,300.00. being added to the Council Chambers in funds is being requested from REGULAR COUNCIL MEETING DATE CHANGE Due to Monday, October 12, 1987 being a Holiday, the Regular Council Meeting will be held on Tuesday, October 13, 1987. Gagne moved, seconded by Stover, to approve the above listed Consent Agenda items including adoption of 3 Resolutions. Motion carried - 4 ayes by Roll Call Vote. . -3- MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE FOUR ~~ . WEDGEWOOD ROAD SPEED ZONE REQUEST Upon the request of the residents on Wedgewood Road, MnDOT has recommended a reduction in the speed limit to 20 mph and to improve the site distance lines by trimming trees and brush along the right-of-ways, also to try to obtain additional right-of-way to widen the road. Gagen moved, seconded by Brancel, to continue and directed the staff to determine the present location of the platted road and determine the rights of the City to obtain additional easements for road surface. Motion carried - 4 ayes. CEMETERY OF THE RESURRECTION - PERMIT REQUEST FOR INCIDENTAL USE OF PUBLIC RIGHT-OF-WAY Roger Hennessy was present representing St. John the Baptist Church in a request for an incidential use permit to use public road right-of-way to install a fence at the Cemetery of the Resurrection. The use of the right-of-way would prevent the removal of a tree line. He would also like the right to vary the distance from 31 to 41 into the right-of-way due to a retaining wall. Stover moved, seconded by Brancel, to grant the use of public right-of-way not to exceed 41. Motion carried - 4 ayes. . COUNCIL BREAK 8:28 P.M. - 8:31 P.M. BRENTRIDGE REZONING R-1C PRELIMINARY & FINAL PLAT APPROVAL ORDINANCE NO.198-87 RESOLUTION NO. 113-87 Developer Dave Johnson was present to request approval of rezoning the property known as Brentridge from R-lA to R-lC and to get preliminary and final plat approval of this 24 lot subdivision. He stated that he has received Watershed approval subject to additional detailed information that he has submitted and contingent upon receiving City approval. He stated that he will be adding additional landscaping trees to the site to buffer the existing houses from the new subdivision. Area residents asked to review the current development plans. They asked why the development was being considered for approval when the Planning Commission and Council previously denied the request. Council stated that the plans changed from 26 lots to 24 lots as recommended by both the Planning Commission and the Council. The residents felt that the property should be rezoned to R-lB if changed at all. Stover stated that the R-lC reflected the existing lot sizes that are already built upon. She then read the sizes of the surrounding lots which average approximately 25,000 square feet. The proposed subdivision is averaging between 26,000 and 27,000 square feet. Bill Gaby would like to see only 8 lots backing up to the . existing lots along Howards Point Road. -4- MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE FIVE . BRENTRIDGE REZONING R-1C - cont. Gagne moved, seconded by Stover, to amend the current Ordinance by rezoning Brentridge from R-1A to R-1C. The Ordinance was adopted by Roll Call Vote - 4 ayes. ~~ Gagne moved, seconded by Brancel, to approve the Preliminary plat, the Final plat and Development Agreement as requested. Resolution adopted by Roll Call Vote - 4 ayes. SIMPLE SUBDIVISION - 25110 YELLOWSTONE TRAIL RESOLUTION NO. 114-87 A request has been received from Kathy Holschuh of 25110 Yellowstone Trail to divide her current property into 2 one acre lots. Gagne stated that the Planning Commission approved the request subject to the nine recommendations of the Planner. Stover to the 4 ayes. moved, seconded by Gagne, to approve the subdivision subject Planners recommendations. Motion carried by Roll Call Vote - GALPIN LAKE WOODS - PRELIMINARY PLAT APPROVAL RESOLUTION NO. 115-87 . Jeffrey Schoenwetter presented his 12 lot subdivision for preliminary plat approval. This subdivision is located at the end of Bracketts Road where one house exists. Gagne stated that the neighbors expressed concerns on the rights to the easement on portions of Bracketts Road and who has the right to use it. Attorney Froberg stated that the paved surface of the road belongs to the City whether it is located on the right-of-way or not as long as it1s been used there for 6 years or more. Modifications will be made to have all the new portions of the road installed on the proper right-of-way. Gagne moved, seconded by Brancel, to approve the preliminary plat subject to the Planner~s six recommendations and the Park Commission recommendation for park donation to be in cash. Motion carried by Roll Call Vote - 4 ayes. SHOREWOOD PLACE APARTMENTS PLANNED UNIT DEVELOPMENT ORD NO. 199 FINAL PLAN APPROVAL RESOLUTION NO. 116-87 . Mark Steingas has returned to obtain approval of a final plan of a planned unit development. He has met with the conditions set forth by the Planner. He has agreed to the required 121 x 701 size for the loading area. Planner Nielsen has asked to have "no parking" signs installed on the fire lane. He also will be adding an improvement time schedule and sewer equalization exhibit to the development agreement. The Engineer and the Watershed District have approved the drainage plan. Nielsen stated that a storm water study is scheduled for that area. If this project is done, the affected properties may be assessed. They would like to be able to return to the Watershed District for approval to change the location of the drainage pond if a storm sewer project is done. They will be installing an individual well for the apartments. -5- MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE SIX ~ SHOREWOOD PLACE APARTMENTS = oQnt. Stover moved d d b , secon e y Gagne, to adopt a Resolution approving the final plat and authori~ed the Mayor and Clerk to execute a Development Agreement. Mot1on carried by Roll Call Vote - 4 ayes. Stover moved, seconded by Gagne, to amend the Gonino Ordingnc,e ~nd rezone the Shorewood Place Apartments property to- Planned Unit Development. Ordinance adopted by Roll Call Vote - 4 ayes. ATTORNEYS REPORT Authorization to Issue Citations ORDINANCE NO. 200 , 1 Attorney persons "agents" Froberg submitted a draft Ordinance authorizing designated to issue citations. He amended the draft by adding to the wording in 4 areas. stover moved, seconded by Brancel, to adopt the Ordinance as amended. Ordinance adopted by Roll Call Vote - 4 ayes. Desianatina Animal Patrol Officer RESOLUTION NO. 117-87 . Gagne moved, Services to ayes. seconded by Stover, to designate Midwest Animal issue citations. Motion carried by Roll Call Vote - 4 Order to Remove 1 Attorney Froberg suggests that the City could begin looking for a contractor to demolish the structure at 5620 County Road #19. We will be able to proceed as soon as we get on the Judge's calendar and receive the order to remove. ENGINEERS REPORT S.E. Area Water Tower Bid Awarded RESOLUTION NO. 118-87 Bids for the S.E. Area Water Tower were received Monday, August 31, 1987. The specifications for bidding were drawn for a 400,000 and 500,000 gallon water tank. This was done to try and receive more competitive bids. Engineer Norton has recommended acceptance and awarded the bid to CBI Na-Con, Inc., in the amount of $463,100.00 for the 400,000 gallon tank. Gagne asked if this tank size will be a sufficient size to support a connection with the Amesbury well in the future. Engineer Frigard stated that it was and that additional underground storage w~ll be added in the future with either size tank. . Administrator Vogt reviewed $5,575.00 will be charged approximately $46,000.00 is improvements. the proJect to an directly costs of $985,000.00, outside connection and attributed to park -6- ~ ~ . MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE SEVEN ENGINEERS REPORT - cont. S.E. Area Water Tower Bid Award - cont. Gagne moved, seconded by Brancel, to draft a Resolution accepting the Engineer's recommendation and awarding the bid to CBI Na-Con, Inc. in the amount of 5463,100.00. Motion carried by Roll Call Vote - 4 ayes. ADMINISTRATIVE REPORTS Status Recort on Sale of House Vogt received a bid of 5105,000.00 on the house today. He stated that he received estimates from real estate agents to list for 5115,000.00 which after commissions were paid, would give the City a net $102,000.00. He recommended readvertising or lowering the price. Haugen suggested contacting Don Streeter to obtain a professional opinion on the price. Office Excansion Discussion Nick Ruehl of EOS presented conceptual plans for a 1600 square foot addition for City Hall. The basement plans provide only the minimum to meet state code, other improvements can be done in the future. An estimated bid on this plan is $149,500.00. A Conditional Use Permit will need to be updated prior to construction. Ruehl recommends January or February to receive bids with a spring construction proposed. The conditional use permit public hearing can be scheduled for November 17, 1987 and then on to the Council for action. Rascop moved, seconded by Gagne, to approve the plan and to include having the architect prepare an agreement to be presented to the Council. Motion carried - 5 ayes. ENGINEERS REPORT - CONT. Shore wood Oaks Pro,ect status Recort and Costs to be Assessed RESOLUTION NO. 119-87 Engineer Norton has submitted detailed proJect costs for the shorewood Oaks proJect to be assessed. Final figures will be verified before and after certification is done. Rascop moved, seconded by Gagne, to authorize the certification of assessment in the amount of $1,488,300.00 to the shorewood Oaks property. Motion carried by Roll Call Vote - 5 ayes. -7- . . . MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE EIGHT ENGINEERS REPORT - CONT. Set Public Hearina for Certification of Assessments RESOLUTION NO. 120-87 Vogt requested a Resolution be approved setting the public hearing to certify assessments to Shore wood Oaks and others listed to this improvement. Notice of hearing will be published and sent to affected property owners. Gagne moved, September 28, 5 ayes. seconded by Stover, to set the assessment hearing for 1987 at 7:45 p.m. Motion carried by Roll Call Vote - ADMINISTRATIVE REPORTS Stricina Smithtown Road Reauest A request striped. was received asking that Smithtown Road be center Vogt has obtained estimates for variations of striping. Stover moved, seconded by Brancel, t~ include in the 1988 Budget, $500.00 for broken yellow line striping. Motion carried - 5 ayes. Curry Farms Develocment - Lilac Lane Discussion Brancel recommended postponement of this Chanhassen completes ther Comprehensive plans. discussion until Drainaae Ditch Comclaint on Timber Lane A complaint was received regarding a drainage ditch on Timber Lane. Council directed that the ditch be cleaned out, and that a report come back to Council. Works hoc Meetina Date The Council September 26, and Commission 1987 to 8:00 a.m., Workshop January 9, has been 1988. changed from MAYORS REPORT LMCD - Minnetonka Council Mayor Rascop attended the Minnetonka Council Meeting this evening regarding a LMCD issue. -8- . . . MINUTES MONDAY, SEPTEMBER 14, 1987 PAGE NINE COUNCIL REPORTS Meetina to be Attended Haugen will attend a transportation meeting at 8:30 a.m. on September 17, 1987. Vogt will September 16, attend 1987. at on 2:00 Revenue meeting p. m. a ADJOURNMENT Rascop moved, seconded by Stover, to adJourn the Regular Council meeting of September 14, 1987 at 11:04 p.m. subJect to approval of claims to be paid. Motion carried unanimously - 5 ayes. General and Liquor Funds - Acct. No. 00-00166-02 Gene::cal Liquo::c Checks #051373 - 051483 $482,136.08 $69,752.60 Payroll Checklist: Checks #201519 - 201545 $ 8,275.72 $ 2.833.29 Total $490, 411. 80 $72,585.89 RESPECTFULLY SUBMITTED, Jan Haugen, Acting Mayor Sandra L. Kennelly City Clerk SLK/slq -9-