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101387 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING TUESDAY, OCTOBER 13, 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., Tuesday, October 13, 1987, in the Council Chambers by Mayor Robert 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, September 28, 1987 meeting as written. to approve the minutes of the Motion carried. PLANNING COMMISSION REPORT Councilmember Stover attended the last Planning Commission meeting. They discussed three items that will be discussed on this agenda. They requested a legal interpretation of "hardship" regarding the granting of variances. Rascop recommended also referring to a previous interpretation written by Attorney Kelly. PARK COMMISSION REPORT Councilmember Brancel reported on the previous Park Commission Meeting. The Commission is questioning whether the Council has reconsidered the proposed plan for Silverwood Park now that there has been objections raised by the neighbors of that park. Rascop commented that Badger football field was the only field in the area in use for 8th grade and under students. Gagne suggested that Freeman Park should be used as an active park because it does not directly affect any neighbors. The Council will plan a joint meeting with the Park Commission for October 19, 1987. Brancel asked about the well repairs needed Administrator Vogt stated that plans have been The Commission would also like the Council to bids for the Manor Park warming house without order to receive a more affordable bid. at Cathcart park. made to repair it. consider obtaining inside plumbing in -1- . . . MINUTES TUESDAY, OCTOBER 13, 1987 PAGE TWO CONSENT AGENDA RENEWAL OF THE ANIMAL PATROL CONTRACT WITH MIDWEST ANIMAL SERVICES INC. Council approved the renewal of the animal patrol contract with Midwest Animal Service, Inc. for 1988. This contract represents a 1.7% increase in cost. CDBG JOINT COOPERATION AGREEMENT AMENDMENT RESOLUTION NO.131-87 An amendment to the CDBG program for years 1988, 1989, and 1990 has been submitted for approval from Hennepin County. APPROVAL OF FLOOD DAMAGE REPAIRS Administrator authorization tennis court $571.50. A Relief Funds. Vogt recommends approval of acceptance of bids and of the flood damage repairs to be done to Manor Park at $8,140.00 and Ivy Lane drainage easement at total of $3,840.00 in funds will come from Disaster SHOREWOOD OAKS PROJECT 87-1 APPROVAL OF PAYMENT VOUCHER NO.5 Engineer Norton recommends payment of Voucher No. 5 to Richard Knutson, Inc. in the amount of $99,981.15 for work done on Project No. 87-1 Shorewood Oaks. MWCC CONNECTION APPROVAL RESOLUTION NO.132-87 Staff needs a connection to Trail. Resolution be tapped approved to request a sewer service into the MWCC line at 24625 Yellowstone Gagne moved, as requested. seconded by Stover, to approve the Consent Agenda items Motion carried by Roll Call Vote - 5 ayes. REPRESENTATION FROM VISU SEWER CLEAN AND SEAL Public Works Director Don Zdrazil introduced Craig Anderson of VISU Sewer to the Council. He presented a film and explained the services that his company provides. They view lines and repair infiltration leaks, clean out manholes, of which the City has approximately 1200, and help to determine problem areas. They estimate the cost at $25,000.00 a year. If the City was to have the equipment necessary to supply this service it would cost about $200,000.00. Attorney Froberg indicated that due to the cost, the City will have to go out for bids. Staff will review this proposal and return with their information. -2- MINUTES TUESDAY, OCTOBER 13, 1987 PAGE THREE . SIMPLE SUBDIVISION - 25140 GLEN ROAD RESOLUTION NO.133-87 Kent Adams was present to request a simple subdivision of his lot at 25140 Glen Road, needing no variances. Gagne moved, seconded by Brancel, to approve the subdivision as recommended by the Planning Commission and subject to the Planner's recommendation. Motion carrled - 5 ayes by Roll Call Vote. DISCUSSION OF AMENDING THE ZONING ORDINANCE - REDUCING THE SIDE YARD SETBACK FOR LAKE SHORE LOTS Stover stated that the Planning Commission voted 4-1 in favor of the current 30' combination side yard setback after their discussion. The discussed the creating of all R-1A zoned properties with the same side yard setbacks versus lakeshore R-IA with different setbacks. Rascop stated that the public hearing was held on this issue by the Planning Commission, but he would accept public comment at this meeting. . Mr. Kelsey Page, Attorney for the Loverin, Wartman and Of steads, requested that his letter be submitted to the City to be part of the records. He commented that most of the homes on lakeshore lot were built under 20' rule. He feels the current 30' rule should be changed rather than come up with reasons to make exceptions. David Garber, resident of Edgewood Road supports the current 30' rule. Garber's Attorney felt that each variance should be considered individually with reasonable use under the hardship clause. Gagne moved, seconded by Brancel, currently in the Zoning Ordinance. (Haugen and Rascop). to support the 30' rule as is Motion carried 3 ayes to 2 nays HARDING ACRES 2ND ADDITION - PRELIMINARY PLAT AND FINAL PLAT APPROVAL RESOLUTION NO.134-87 Stover reported that the Planning Commission approved this subdivision subject to the Planners report. Developer Dick Conry was present to receive approval of his 12 lot subdivision. Attorney Froberg reviewed the Development Agreement. He added a new item #6 regarding preconstruction meetings. Stover moved, seconded by Haugen, to approve the preliminary and final plat of Harding Acres 2nd Addition subject to the Planner's recommendations and approval of the amended development agreement. Motion carried by Roll Call Vote - 5 ayes. CLARIFICATION OF LOCATION OF WEDGEWOOD STREET SURFACE . Engineer Norton submitted a color coded map showing the existing surface of Wedgewood Road in comparison to the platted surface. He also marked the property area that would be needed to acquire a needed 50' right-of-way. This additional 15' right-of-way will be needed in order to clear the site line as recommended by MnDOT when a speed limit reduction was requested. -3- MINUTES TUESDAY, OCTOBER 13, 1987 PAGE FOUR . CLARIFICATION OF LOCATION OF WEDGEWOOD STREET SURFACE - CONTINUED They have approved the reduction but feel the removal of obstruction is necessary prior to reducing the speed limit. Gagne moved, descriptions present road. seconded by Brancel, to direct the Engineer to prepare to acquire IS' of right-of-way on either side of the Motion carrled - 5 ayes. PLANNERS REPORT Complaint Regarding Use of Bracketts Road A complaint of equipment being hauled 9ver private property carne from property owners Mr. and Mrs. Arens~KMr. Moore also complained that the road has been barricaded by Mr. Arens, and he has concerns of safety if an emergency would occur. . Staff feels this issue is a private matter and can only be determined by a survey of properties. Moore stated that surveying is being done by the developers of Galpin Lake Woods. Nielsen supports no construction on the development until the surveys are completed and the public right-of-way is determined. Mr. Moore questioned the legal public right-of-way. Attorney Froberg stated that if the street is being used by the public and has been maintained by the City for six (6) years, it is then a public road. Mr. Moore agreed to have the property surveyed to determine the property line. Strawberry Lane Drainage Request Planner Nielsen described a current drainage problem that exists near the Shorewood Oaks property, but on the west side of Strawberry Lane. An existing culvert allows the water to flow north and south but a IS' to 20' easement will be necessary to get the water flowing to a new catch basin installed to the west side of Strawberry Lane in order to allow the drainage to flow through that catch basin. Nielsen feels that this drainage easement will benefit three (3) of four (4) properties. Gagne moved, seconded by Stover, to direct the staff to obtain necessary easement for the drainage improvement. Motion carried _ 5 ayes. ATTORNEYS REPORT Proposed Water Shut-Off Ordinance Draft l. Attorney Froberg reviewed various methods to regulate shutting off water where non payment exists. Administrator Vogt feels the utility bill staff should make recommendations and return to Council. Clerk Kennelly explained the current billing schedules. Nielsen supports additional notice be sent prior to shut-off of water services. Rascop is only in favor of this Ordinance effecting Commercial users. -4- MINUTES TUESDAY, OCTOBER 13, 1987 PAGE FIVE . ATTORNEYS REPORT - CONTINUED Proposed Water Shut-Off Ordinance Draft - Continued Gagne moved, seconded by Brancel, to direct the Attorney to draft an Ordinance that complies with current utility billing schedules as recommended by the staff. Motion carried. Order to Remove - 5620 County Road 19 The order to remove was signed by the Judge on October 8, 1987. The City can go in on October 19, 1987 and remove the building. The Fire Department would like to use the house as a training session on October 22nd and final burn on October 31. The owner of the property supports the burning of the house. Brancel questioned the possible traffic problem that would be caused by the burning in a currently unsafe traffic area. Haugen moved, seconded by Gagne, to direct the Administrator to obtain quotes to have the dwelling torn down and removed. Motion carried - 5 ayes. ENGINEERS REPORT . Acceptance of Underground Improvements RESOLUTION NO.135-87 McKinley Place at Near Mountain 3rd Addition Lundgren Brothers Construction has requested that Shorewood take public ownership of the sanitary sewer system, watermain, and storm sewer within the McKinley Place 3rd Addition plat. Engineer Norton has reviewed these utilities and recommends acceptance. Haugen moved, seconded by Gagne, utilities as requested for McKinley carried - 5 ayes by Roll Call Vote. to accept the underground Place 3rd Addition. Motion Development Agreement Policy Gagne moved, seconded by Haugen, to require that the underground lines to be televised by the developer prior to the City accepting the utilities. Motion carried - 5 ayes. Water Tower Status A pre-construction meeting is being scheduled, with footings scheduled to be installed prior to frost. ADMINISTRATIVE REPORTS Church Road/State Highwav 7 Sign Request . A request has been received to have a large Church Road sign placed on Highway 7. This sign would actually be placed in Chanhassen. Vogt has concerns that it may cause additional traffic through the traffic complaint area of Beverly Drive and Cajed Lane. -5- . . . MINUTES TUESDAY, OCTOBER 13, 1987 PAGE SIX ADMINISTRATIVE REPORTS - CONTINUED Church Road/State Highway 7 Sign Request - Continued MnDOT is beginning a three (3) year sign replacement proJect, this sign could be requested early if safety is the concern. Vogt will obtain input from Chanhassen. Sale of Property The property has been listed with Merrill Lynch at $114,500.00. An open house has been held. Badger Well Repairs The pump motor malfunctioned and the auto dialer called for repairs. The pressure tank had enough water in it to service the users until an interconnection could be made with the hydrandt serviced with Tonka Bay Water. The damage was caused by a bird in the tranformer. The motor is being repaired and a loaner motor is in place currently. Rascop suggested that it could be covered by insurance. Sound Svstem Installation The installation of the sound system for the Council Chambers will begin on October 14, 1987. Liquor Store Robbery The people that robbed the liquor store have pled guilty. The money recovered as evidence will be returned to the City. Street Light Installation Delays Council asked that additional pressure be put on NSP to install street lights that were requested last spring. MAYORS REPORT Planning Commission Training Session Haugen support Seminar. moved, seconded by Gagne, to authorize the expenditure to the Planning Commission to attend a Planning Session Motion carried - 5 ayes. Employee Relations Class Haugen moved, seconded $175.00 to attend an Motion carried - 5 ayes. by Gagne, to authorize the expenditure of Employee Relations class if appropriate. -6- . . . MINUTES TUESDAY, OCTOBER 13, 1987 PAGE SEVEN MAYORS REPORT - CONTINUED Minnetrista/Hennepin Countv Parks Hennepin County parks may go to the legislature to obtain the right to condemn park property in order to obtain a large park area in Minnetrista. The City of Minnetrista is not in favor of this condemnation. LMCD The LMCD will be meeting with the area Mayors to discuss legislature contracts for the LMCD. There will be a commercial T.V. discussion regarding the boating fee issue with Joe Alexander and Mayor Rascop. COUNCIL REPORTS Com~laints - Ridge Point Circle and ICO Extra Sales Brancel asked if Super Cycle recycles plastics. Vogt will find out that information. A complaint was referred to Nielsen regarding the sale of picnic tables at the ICO location. A complaint was received from Mrs. Randall regarding the installation of improvements to Ridge Point Circle. Nielsen will confirm her easement location with her. Munn Sealcoating Comolaint Gagne felt the sealcoating project was done very poorly. Engineer Norton stated his dissatisfaction and has done a site review with Mr. Munn to show him the problems with the project. Mr. Munn has told Phil Tipka that a letter will be coming stating that Munn Blacktopping will sealcoat Smithtown Road and Covington Road free of charge next spring. The Attorney recommended that the balance of funds of $30,000.00 should be continued to be withheld, the bond should remain in effect and a certified letter should be sent to Munn stating disapprovals and list of items to be completed. Amesburv/Peterson Problem Stover reported that Mr. Peterson has stated that he has been unable to reach Mr. McNulty. He does not feel an agreement can be made between them. Mr. Peterson wants the mailboxes moved to Amesbury's side of the road and he does not want Amesbury maintaining his side of Bayswater Road. Haugen moved to inform the McNulty Corporation to move their mailboxes to their side of Bayswater Road and to allow them to continue to maintain the right-of-way on the west side of Bayswater Road as they have in the past, seconded by Gagne. Motion carried _ 5 ayes. A complaint of added could not determine input. truck traffic was discussed. The Council the reason but would ask Chief Young for his -7- . . .. MINUTES TUESDAY, OCTOBER 13, 1987 PAGE EIGHT APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council Meeting of October 13, 1987 at 10:36 p.m. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 General Checks #051549 - 051649 $277,842.05 Payroll Checklist: Checks #201576 - 201606 $ 9,016.26 $286,858.31 TOTAL Liquor $52,087.86 $ 2,754.65 $54,842.51 ~dI kZ Robert Rascop~ Mayor RESPECTFULLY SUBMITTED, Sandra Kennelly City Clerk SLK/slq -8-