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092887 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 28, 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 7:30 p.m., Monday, September 28, 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, Haugen, Stover, and Gagne. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Brancel, to September 9, 1987, as amended. Motion abstained, (absent at that meeting.) approve the minutes of carried - 4 ayes Haugen Brancel moved, seconded by Gagne, to approve the minutes of September 14, 1987, as amended. Motion carrled 4 ayes. (Rascop abstained) Absent at most of that meeting. PLANNING AND PARK COMMISSION REPORTS There were no Planning or Park Commlssion meetings held since the last Council Meeting. CONSENT AGENDA YIELD SIGN - EDGEWOOD ROAD/GRANT LORENZ ROAD RESOLUTION NO.121-87 A request was received from a resident to install a yield sign; this request is supported by Staff and Chief Young. Gagne moved, seconded by Haugen, to approve the yield sign request. Motion carried by Roll Call Vote - 5 ayes. WESTWOOD 4TH ADDITION/FINAL PLAT RESOLUTION NO.122-87 Attorney Froberg corrected the Development Agreement to reflect a 5 lot division and not 10 lots as entered into the agreement. Haugen moved, seconded by final plat subject to the carried by Roll Call Vote - 5 approve Westwood 4th Addition four recommendations. Motion Gagne, to Planner1s ayes. -1- MINUTES MONDAY, SEPTEMBER 28, 1987 PAGE TWO . WETLAND ALTERATION PERMIT DISCUSSION - 20345 & 20347 EXCELSIOR BOULEVARD Planner Nielsen would like to delay action on Mr. Pastucks request in order to relate the DNR requirements to the building of a wild life pond. Rascop suggested referrlng it to the FWBI and watershed information in order to evaluate the request. Stover moved, seconded by Gagne, to table this request until the next Council meeting. MATTERS FROM THE FLOOR Request to Use City Hall Parking Lot Mary Dahl over flow giving on carraige to of 5845 Country Club Road asked permission to park the cars in the City Hall parking lot for a party she is Halloween. She also asked lf she could have a horse and transport her guests from the parking lot to her home. Council agreed to her request and Chlef Young saw no traffic problem with the horse and carraige rides on a public street. . PUBLIC HEARING - 7:45 P.M. CERTIFICATION OF ASSESSMENTS - SHOREWOOD OAKS AND THREE ADDITIONAL PARCELS RESOLUTION NO.123-87 Administrator Vogt stated that the total figure to be assessed to Shorewood Oaks will be $1,400,833.61 with three outside parcels to be assessed $4,000.00 each for municipal water only. The Shorewood Oaks figure will be adjusted when the final figures have been determined. The interest rate has been set at 8.75% for a 15 year spread, as recommended by the financial advisor. Mayor Rascop opened the public hearing at 7:45 p.m. Dave Johnson stated that he understood the interest rate to be 8.65% at the time of issuing the bonds. Vogt stated that 8.75% was correct. Mayor Rascop then closed the public portion of the hearing after calling for and receiving no additional comments at 7:49 p.m. Haugen moved, seconded by Gagne, to certify the assessment rolls to the parcels listed in the legal notice. Motion carried by Roll Call Vote - 5 ayes. AMENDMENT TO THE SHOREWOOD OAKS DEVELOPMENT AGREEMENT RESOLUTION NO.124-87 . An amendment to the Shorewood Oaks development agreement was requested by Lundgren Bros. Construction. They are planning to purchase lots from Shorewood Oaks and would like to have the agreement changed to exempt the lots Lundgren Bros. will purchase from being denied building if any of the Shorewood Oaks owned lots became tax delinquent. Attorney Froberg felt thlS amendment would not adversly affect the city in any way. Gagne moved, seconded by Brancel, authorize the Mayor and City Clerk carried by Roll Call Vote - 5 ayes. -2- to approve the amendment and to execute the agreement. Motion MINUTES MONDAY, SEPTEMBER 28, 1987 PAGE THREE . COUNCIL BREAK 7:58 P.M. - 8:00 P.M. PUBLIC HEARING - 8:00 P.M. ADOPTION OF THE 1988 GENERAL FUND BUDGET RESOLUTION NO.125-87 Mayor Rascop opened the public hearlng to adopt the 1988 General Fund budget at 8:00 p.m. Administrator Vogt reviewed the changes directed at the budget review session. The total budget represents a 8.5% increase over last years total budget but the mill rate should remain the same due to the increase in valuation. Staff recommends adoption of this budget. Gagne questioned Chief Young on areas of his budget. He asked about six months of increased building rent for next year. Young stated that he had to budget for the increase just in case the new building would be available. Gagne also asked Public Works Director Zdrazil if there was sufflcient funds allocated for street repairs and sealcoating. Zdrazil felt there was and at the current rate the City could complete the streets over a five year period of time. . Mayor Rascop called for public comment and receiving none, closed the public portion of the hearlng at 8:10 p.m. Gagne moved, seconded by Haugen~to adopt the 1988 General Budget in the amount of $1,751,046.00. DKMotion carrled - 5 ayes by Roll Call Vote. r ATTORNEYS REPORT "Going Out of Business" Ordinance ORDINANCE NO.201-87 Attorney Froberg reviewed the Ordinance for the Council and made corrections and clarifications where it was needed. Haugen suggested changing Section 307.12 to "Licensee to Refrain from business for Six months" to "One year". Gagne moved, seconded by Stover, to amend the Ordinance to list One year under Sec.307.12. Motion carried - 5 ayes. Haugen moved, seconded amended accepting the adoption. Ordinance (Rascop) . PUBLIC HEARING - 8:15 P.M. ALLOCATION OF FEDERAL REVENUE SHARING FUNDS by Brancel, to adopt this Ordinance as first reading and waiving the second for adopted by Roll Call Vote - 4 ayes - 1 nay RESOLUTION NO.126-87 . Mayor Rascop suggestions of the City will allocated for funds will be comment, Mayor 8:32 p.m. opened the public hearlng at 8:30 p.m. to hear uses for the $8,656.00 Federal Revenue Sharing Funds receive. Staff has recommended that the funds be equipment purchases. This will be the last year these available. After asking for and receiving no public Rascop closed the public portion of the hearing at -3- MINUTES MONDAY, SEPTEMBER 28, 1987 PAGE FOUR . PUBLIC HEARING - 8:15 P.M. - CONT. ALLOCATION OF FEDERAL REVENUE SHARING FUNDS RESOLUTION NO.126-87 Stover Revenue Staff. moved, seconded by Haugen, to allocated the $8,656.00 Federal Sharing Funds for equipment purchases as recommended by Motion carried by Roll Call Vote - 5 ayes. PUBLIC HEARING - 8:30 P.M. DELINQUENT SEWER UTILITIES DELINQUENT WATER UTILITIES PRIVATE PROPERTY CLEAN-UP RESOLUTION NO.127-87 RESOLUTION NO.128-87 RESOLUTION NO.129-87 Mayor Rascop opened the public hearing on assessment of delinquent utilities and private property clean-up at 8:33 p.m. Vogt indicated that there were two properties cleaned up at costs of $443.16 and $181.37; both to the same property owner. Clerk Kennelly submitted the list of delinquent sewer and water accounts, legal publication and notices have been sent. Gagne asked if fines could be added to the clean-up costs. He also would like to see water shut off when no payment has been made for a specific period of time. Attorney Froberg will return with various alternatives. Rascop closed the public hearing at 8:42 p.m. after receiving no further comments. . Stover moved, seconded by Haugen, to accept the delinquent sewer, water and clean-up charges as listed and certify these lists to the County by Resolutions (3). Motion carrled - 5 ayes. BRENTRIDGE DEVELOPMENT Discussion of request to reduce sewer equalization assessment. Dave Johnson asked the Council for reconsideration of the sewer equalization charges due to his added expense in getting the existing sewer line lowered to service the Brentridge plat. He would like to be reimbursed for the cost in cash and then he will pay his sewer assessment with the cash. Engineer Norton stated that when the sewer lines were installed there was no guarantee that all properties would be serviced with gravity flow, some properties would need a lift station or change a line. Mr. Johnson feels he is paying approximately $67,000 for service lines and he doesn't feel the equalization charge is fair. Kennelly described the formula for the equalization charge and referred to the City Ordinance setting these charges. Haugen asked if other developers had ever received reductions of these charges. Norton and Kennelly stated that no reductions for sewer had been given. Rascop stated that water line oversizing for future development has been paid back to developers. . -4- MINUTES MONDAY, SEPTEMBER 28, 1987 PAGE FIVE . BRENTRIDGE DEVELOPMENT - CONT. Rascop moved to retaln the sewer equalization fees as stated and to credit the water line oversizing in the amount of $20,192.50. Haugen questioned if $5,800.00 wasn't the proper figure for the oversizing. Engineer Norton felt the oversizing should be only the difference in cost from the 6" line to the 12" line. Rascop withdrew his motion and directed the staff to work with Mr. Johnson to establish the difference in oversizing costs and return to the Council. ATTORNEYS REPORT - CONTINUED Order to Remove - Status Report The Judge will hear the order to remove for 5620 County Road 19 on October 8th, if no action has been taken by October 18th the City can go in and remove the dwelling. Jim Miles has stated that he has purchased the property and has been unable to obtain a signature from a lein holder. Mr. Miles is in agreement with the burning of the building and will accept the removal costs. The action on 4205 Enchanted Lane has been dismissed because the dwelling has been removed. . ENGINEERS REPORT Eureka Road Drainage Proiect Engineer Norton stated that he sent out five bids for the Eureka Road drainage project. He only received one bid in the amount of $15,425.00 from Volk Trucking, hlS estimate was $8,200.00 two years ago. Norton doesn't recommend awarding this bid due to receiving only one bid. He has spoken to Don Zdrazil and they feel the Public Works Department can do the work for approximately $9,500.00. Haugen moved, Department to ayes. seconded do the by Gagne, project as to direct discussed. the Public Works Motion carried - 5 ADMINISTRATIVE REPORTS Discussion of Petition to Correct Drainage A petition has been received from residents of Greenwood along a channel off of St. Albans Bay. Excelsior has also received this petition and has directed their Public Works Director to meet with these residents. Vogt will also attend that meeting. Rascop moved to direct the Engineer to define the problem and Vogt to attend the meeting and state that the Council feels no liability in their drainage problem, seconded by Gagne. Motion carried. . -5- ~ ~ ~ MINUTES MONDAY, SEPTEMBER 28, 1987 PAGE SIX ADMINISTRATIVE REPORTS - CONTINUED Sale of House Status Vogt spoke to a real estate salesman as recommended by Don Streeter. He suggested the asking price be $115,000.00 with selling costs of $8,000.00 - $12,000.00. Vogt suggested reducing the price and readvertising or listing with a real-estate firm. Gagne moved, seconded by Stover, to direct staff to determine the best offer and return for Mayor's signature on the listing. Motion carried. Traffic Count No response on methods to pay for the Beverly DrivejCajed Lane cul-de-sac has been received. The estimated cost of the traffic count has been estimated at $1,800.00 to $2,000.00. The Christmas Lake Road dead end has not been completed. A title committment has not yet been obtained. MAYORS REPORT Designate October as Regional Arts Month RESOLUTION NO.130-87 Rascop moved, seconded by Haugen, to pass a resolution as requested by Met Council, to designate October as Regional Arts Month. Motion carried by Roll Call Vote - 5 ayes. Rascop Appointment as the 1988 Chairman to the LMCD Frank Mixa will retire January 1, 1988 from the LMCD. He will later be hired as a consultant beginning in March. They are presently advertising for a new Executive Director for the LMCD at a salary from $25,000 to $35,000. COUNCIL REPORTS League of MN Cities Meeting Haugen will attend the Revenue Committee meeting on September 30, 1987 and Vogt will attend the Transportation Committee Meeting. The Transportation Committee will discuss an access charge, a ban on trucks on interstate during peak hours, and metro politan transit commissions. -6- . . . MINUTES MONDAY, SEPTEMBER 28, 1987 PAGE SEVEN COUNCIL REPORTS - CONTINUED Peterson/Amesbury Dispute Council reviewed the dispute between Peterson and Amesbury regarding the maintenance of the road right-of-way along Bayswater Road. Council supports submitting a letter to the parties concerned suggests they work out the problem prior to the City determining the solution for each of the parties. Council questioned when the crash gate will be installed as previously proposed. Shopping Center Signage The Shorewood Shopping Center is being re-signed. The Liquor sign has just been replaced and the extra Champion sign will be removed. City Hall Addition Gagne disagrees with walting for bids on the City Hall action on the Conditional start this fall. until January or February to go out Addition. He would like to see the Use Permit moved up and construction Stover moved, seconded by Brancel, to move the schedule to October 20th for the conditional use permit and October 26th for Council action, October 29th go out for bids and receive bids on November 23, 1987. Motion carried - 5 ayes. Towne Addition dirt on the Towne property. grading plan will be followed as will have to be removed. A held prior to installation of any Brancel questioned the piling of Nielsen stated that a detailed submitted and all other dirt pre-construction meeting will be sewer lines. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Stover, to adjourn the Regular Council Meeting of September 28, 1987 at 10:12 p.m. subject to approval of claims for payment. Motion carrled - 5 ayes. General and Liquor Funds - Acct. No. 00-00166-02 Checks #051484-051548 General $52,275.41 Liquor $19,040.19 Payroll Check List: Checks #201548-201574 Total $ 8,543.71 $ 2,763.97 $60,819.12 $21,804.16 Roi~coe~ RESPECTFULLY SUBMITTED, Sandra L. Kennelly City Clerk SLKjslq -7-