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102687 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, OCTOBER 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 7:30 p.m., Monday, October 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, Councilmembers Haugen, Stover, and Brancel. Gagne was absent. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Deputy Clerk Niccum. APPROVAL OF MINUTES Brancel moved, seconded by Stover, to approve the minutes of October 13, 1987 as amended. MATTERS FROM THE FLOOR REMOVAL OF ITEM 5F FROM CONSENT AGENDA Stover moved, seconded by Brancel, to remove item 15F, "Acceptance of Proposal for House Demolition - 5620 County Road 19", from the Consent Agenda, per James Miles request, for separate action. Motion carried - 3 ayes, (Rascop and Gagne absent for vote). Mayor Rascop arrived at 7:37 p.m. COMMEND TWINS ON WORLD SERIES CHAMPIONSHIP RESOLUTION NO.136-87 Haugen moved, seconded by Stover, that the City of Shorewood, representing its citizens, express their pride in the Minnesota Twins and their whole organization for winning the 1987 World Series. Motion carried by Roll Call Vote - 4 ayes. PLANNING COMMISSION REPORT Planning Commission Liaison Stover will report on the items as they appear. -1- . MINUTES MONDAY, OCTOBER 26, 1987 PAGE TWO PARK COMMISSION REPORT Park Liaison Brancel made the report. Manor Park Warming House/Pavilion Brancel moved, seconded by Stover, to have Administrator Vogt get specifications, to include the Planners recommendations, done by a certified architect and put the warming house/pavilion building up for bids; and that Administrator Vogt seek estimates on putting in a well. Motion carried - 4 ayes. Manor Park - Possible Walz Property Purchase for Parkland Brancel moved, seconded by Stover, continue to negotiate with Mr. Walz property, not to exceed the maximum Commission. Motion carried - 4 ayes. to have on the amount Administrator Vogt purchase of the set by the Park CONSENT AGENDA Stover moved, seconded by Haugen, that item 15C, Acceptance of Improvements for "McKinley Place at Near Mountain" and "Sweetwater at Near Mountain" be removed from the consent agenda for separate action. Motion carried - 4 ayes. . RESOLUTION TO APPROVE MWCC REOUEST FOR TAPPING CONNECTIONS . 5650 Grant Lorenz Road 5486 Covington Road RESOLUTION NO.l37-87 RESOLUTION NO.138-87 RIGHT OF ENTRY AGREEMENT S.E. AREA WATER TOWER SITE RESOLUTION NO.l39-87 Administrator agreement and agreement. Vogt recommends adopting a resolution approving the authorizing the Mayor and City Clerk to execute the APPROVAL OF PLANS AND SPECIFICATIONS FOR LAKE VIRGINIA LIFT STATION AND FORCE MAINS RESOLUTION NO.l40-87 OSM has reviewed the plans relative to any impact the construction will have on public and private facilities. PAYMENT VOUCHER - S.E. AREA PUMPHOUSE - 86-1C Engineer Norton recommends approval of payment of Voucher No. 2 to A & K Construction, Inc. in the amount of $58,273.32 for work done on the S.E. Area Pumphouse and Appurtenant work. Haug~n moved, seconded by Brancel, to approve the consent agenda items as requested. Motion carried by Roll Call Vote - 4 ayes. -2- . . . MINUTES MONDAY, OCTOBER 26, 1987 PAGE THREE ACCEPTANCE OF IMPROVEMENTS MCKINLEY PLACE AT NEAR MOUNTAIN SWEETWATER AT NEAR MOUNTAIN RESOLUTION NO.14l-87 RESOLUTION NO.142-87 Stover asked Engineer Norton, regarding McKinley Place, about the portion of road to be excluded from his recommendation. Administrator Vogt clarified a change that has taken place "Chestnut Ridge at Near Mountain 9th Addition" has been changed to "McKinley Place at Near Mountain. Stover moved, seconded by Brancel, to approve the improvements for "Sweetwater at Near Mountain" and "Chestnut Ridge at Near Mountain 9th Addition" (now known as Mckinly Place at Near Mountain) with the exception of that portion of Near Mountain Boulevard south of Chestnut Terrace where the final lift of bituminous has not been placed. Motion carried by Roll Call Vote - 4 ayes. ACCEPTANCE OF PROPOSAL FOR HOUSE DEMOLITION - 5620 COUNTY ROAD 19 Mr. Jim Miles was present to request that the home located at 5620 County Road 19 be burned rather than torn down. He bought the property last July, attempted to have it burned, then stopped the burn due to legal problems. He has sold the property and it will be developed. He has cut the utility lines, capped the well, and made arrangements to have the basement filled. The Fire Department will burn it for $500.00, the City bids are around $7,500.00 to have it razed, he feels he could get it done cheaper. He is strongly objecting to having it razed at such a high cost and is again requesting permission to burn. Mayor Rascop said the Council has discussed traffic problems and water availability at length. Doug Sweeney, Fire Chief, said the most ideal situation would be to block County Road 19, which could cause a traffic snarl and result in SLMPSD having to callout reserve officers. It would also require permission from the Plaza to route cars through that area. He said another way it could be done would be a dump tank operation. This would involve parking their vehicles in "Shorewood Place". This would also involve getting water from the nearest hydrant, which is in Tonka Bay. If they didn't approve it, water would have to be hauled from Excelsior. Three to four lines would be run up the road and would not interfere with traffic. A burn would also damage trees. Haugen asked if this operation is harder, Sweeney said yes, but good practice on conserving water. Haugen said, because the dump tank method is usually used in Shorewood, she would like them to get the practice. Council showed some concern over tree damage, then Mr. Richard Dreher of Dreher & Associates said he is purchasing the property, and explained what his plans are. He has already talked to the Planner and is proposing a 20,000 square foot shopping area on two properties. He would be removing the trees anyway. He wants to begin construction around March I, 1988. -3- MINUTES MONDAY, OCTOBER 26, 1987 PAGE FOUR ACCEPTANCE OF PROPOSAL FOR HOUSE DEMOLITION - 5620 COUNTY ROAD 19 - . CONTINUED Stover felt the neighbors should be considered and they want it down as soon as possible. Chief Sweeney said they're fairly busy and it could take up to three months. Administrator Vogt said the cost without capping the well would be $6,500.00. Haugen asked if there is a time limit on quotes? Vogt said 45 days. Haugen moved, seconded by Stover, to allow the burn by the Fire Department and owner if it can be done within the next two weeks (November 9, 1987) otherwise the City will raze the house, using the lowest quotation. Haugen moved, seconded by Stover, to amend the motion to include that the dump tank method be used in case of burning. Motion carried - 4 ayes. Chief Sweeney will know by Friday, October 30, 1987, if a burn is possible. . CONDITIONAL USE PERMIT - SHOREWOOD CITY HALL EXPANSION RESOLUTION NO.143-87 Stover reported that the Planning Commission recommended a Conditional Use Permit with various conditions. The Commission felt strongly about the conditions and would like to see the Council make some arrangements for funding so the recommendations could all be done within the next year. Nick Ruehl fron EOS was present to answer any questions the Council may have. Planner Nielsen said a site survey has been received from the Engineer. He said the costs of site improvements have to be looked at, that they could be prioritized and fit into the budget. Stover moved, seconded by Brancel, to approve the City Hall expansion to include the Planner's recommendation in his October 20, 1987 report with the intentional exclusion of item #5, the berm, because of the possibility of a change of location of the Public Works Department if there is no change #5 will be dealt with at a later date. Motion carried by Roll Call Vote - 4 ayes. . -4- MINUTES MONDAY, OCTOBER 26, 1987 PAGE FIVE . WETLAND ALTERATION PERMIT REQUEST - JOHN PASTUCK 20345-47 EXCELSIOR BOULEVARD Planner Nielsen and Engineer Norton reviewed their reports. Planner Nielsen said the material sent by the DNR gives criteria for evaluation, particularly the dugout area. Engineer Norton said that although a standard plan to handle wetland alterations would be nice, he thought they should be dealt with on an individual basis. He said the application meets the basic dugout criteria. The filtering capability of this wetland will not change because it's landlocked. He feels it would be a positive move. He did discuss the shape of the proposed area, saying an oval shape was chosen, but three other shapes are more highly recommended, and he would like to see the shape changed to include inlets. Mayor Rascop asked if there would be any effect on groundwater restoration? Norton said it would be dug to approximately 4' and in dry weather it could dry up, other than that, no. Engineer Norton also said Mr. pastuck should provide information on what neighbors will be affected by the wetland change, and if they are for or against the change. . Haugen asked if there was any way it could drain into Foot Print Lake? Engineer Norton said the drainage goes in a northerly direction. It could percolate in, however. Mayor Rascop said no action will be taken at this time, Council will wait for information and recommendations from staff. BRENTRIDGE WATERMAIN OVERSIZING CREDIT RESOLUTION NO. 144-87 Engineer Norton has recommended that the Brentridge development, instead watermain, in order to provide the development. The difference in cost is a 12" watermain be of the developer's water necessary $23,685.00. run through proposed 6" for future Mr. David Johnson was present to inquire into the method of payment by the City. Administrator Vogt said Attorney Froberg has drafted a resolution regarding payback and connection charges. Attorney Froberg presented and explained the resolution, including an explanation of the mechanics of handing without changing the development agreement or the ordinance. Administrator Vogt explained the connection fee and the oversizing fee. He also explained that a separate fund will be developed so that transactions can be followed. . Haugen moved, seconded by Stover, to accept the resolution providing for the issuance of a special credit against municipal water connection charges for the construction of oversized watermains within the plat of Brentridge. Motion carried by Roll Call Vote - 4 ayes. -5- . . . MINUTES MONDAY, OCTOBER 26, 1987 PAGE SIX SHOREWOOD OAKS - STREET NAME CHANGE ORDINANCE NO.202 Stover moved, seconded by Haugen, to waive the second reading, and to accept the amendment of chapter 901 of the Shorewood City Code, renaming Daniel's Circle as Maple Leaf Circle, and David's Court as Burlwood Court. These streets are located in the plat of Shorewood Oaks. Motion carried by Roll Call Vote - 4 ayes. CONSTRUCTION AGREEMENT FOR CHRISTMAS LANE CUL-DE-SAC AUTHORIZE CONSTRUCTION OF CUL-DE-SAC RESOLUTION NO.145-87 RODNEY H. PETERSON/CUL-DE-SAC SUBDIVISION RESOLUTION NO.146-87 Mr. John Cousins, representing "CDS Development Corporation", and the Christmas Lake Homeowner's Association, was present to state that they wish to complete the cul-de-sac this fall before the asphalt plants shut down. He said they still have an existing problem regarding a title exception, they are working on this with the City Attorney. Attorney position they are receiving fall. Froberg asked if they anticipated they would be to sign the agreement within two weeks? The answer was asking approval of the resolution tonight contingent the needed information, in order to expediate work in a yes, upon this Attorney Froberg said a second resolution regarding a lot split would also be necessary because part of the proposed cul-de-sac property will be split off the Peterson property and conveyed to the City. Relative to paragraph 15 of the Construction Agreement, Mr. Cousins requested 10 days to get the project started, rather than completed. Attorney Froberg agreed to this if there was a 90 day completion date added. He also said he is comfortable with a Quit Claim Deed if a title insurance policy is provided. Mr. Cousins discussed using "Safe Hits", a post above the ground that is flexible and would admit emergency vehicles. There would be a tapered curb on each end. Engineer Norton mentioned snowplowing.Norton said if the plow was lifted 6" when going over the posts and relowered, he thought it would work. Fire Chief Doug Sweeney stated they are concerned about their equipment, and if any damage is done going over these posts, whoever put them in or approved them will be held responsible. Robert Fayfield said the "Safe Hits" do unscrew, and if any problems arise they can be taken out. He volunteered to drive his car over them 3 to 4 times. Engineer Norton said the Minnesota Department of Transportation says that in this part of Minnesota no blacktop should be put down after November 1, it goes on to state they may be allowed to do so after November 1, based on the project Engineer's discretion. He said if it suddenly turned cold an inferior project could be the result. -6- MINUTES MONDAY, OCTOBER 26, 1987 PAGE SEVEN . CONSTRUCTION AGREEMENT FOR CHRISTMAS LANE CUL-DE-SAC - CONTINUED Administrator Vogt said several items also need to be discussed: 1. A Letter of Credit for 150% of the amount of construction. 2. Insurance per development agreement of $1,000,000.00 single family limit liability. 3. Title Problem cleared up. 4. Preconstruction meeting set. 5. Outstanding Engineer and Attorney bills paid. These would have to be taken care of before the resolution could be released. Cousins said they have the Letter of Credit and Insurance already, and are ready to take care of the rest as soon as possible. Haugen moved, seconded by Brancel, to authorizing the cul-de-sac construction on the Attorney's and Engineers approval of and schedule construction meeting. Motion - 4 ayes. approve the resolution Christmas Lane subject to appropriate documentation carried by Roll Call Vote . Haugen moved, seconded by Brancel, to approve the resolution approving the subdivision of Real property, subject to receipt of proper documentation by the Attorney and City Administrator relative to proper title, the provision of title insurance, and execution of the development agreement. Motion carried by Roll Call Vote - 4 ayes. REQUEST FOR APPROVAL ESTABLISHMENT OF A MAINTENANCE AND REPAIR FUND - RILEY/PURGATORY WATERSHED DISTRICT Administrator Vogt explained the request. Discussion followed. Haugen moved, seconded until the next meeting. by Stover, to table the request for approval Motion carried - 4 ayes. ATTORNEYS REPORT Boulder Bridge pav Back Request Froberg said Administrator Wartman concerning sums he connections between Boulder Attorney's opinion is that no payment is due at this time. Vogt has received a letter from Mr. felt were due as a result of the Bridge and Shorewood Oaks. The hook-ups have been made, therefore no Haugen moved, seconded by Rascop, to send a response to Mr. Wartman stating the Attorney's opinion. Motion carried - 4 ayes. ENGINEERS REPORT Preliminarv Schedule - Water Tower . Engineer Norton said a preconstruction meeting has been set up. He has asked them to get the Engineering drawings and approvals going so the foundation can be put in this fall. Steel delivery is scheduled for April 2, 1988 for the elevated tower. -7- MINUTES MONDAY, OCTOBER 26, 1987 PAGE EIGHT . PLANNERS REPORT Request for Leave of Absence - Pat Mason Rascop moved, seconded by Stover, to approve a leave of absence for Planning Commissioner Pat Mason until April 1, 1988. Motion carried - 4 ayes. ADMINISTRATORS REPORT Discuss Tax Forfeited Property Use RESOLUTION NO. 147-87 Administrator Vogt explained PID 32-117-23-24-0011, has putting it on hold. that a 10.44 acre piece of property, come up for tax forfeit and suggested Haugen moved, seconded by Stover, to have Administrator Vogt contact the County and put the property (32-117-23-24-0011) on hold from any further action at this time pending completion of a needs analysis. Motion carried - 4 ayes. Set Executive Session - Union Negotiation Strategy The meeting is set for November 2, 1987 at 7:30 p.m. Computer Expansion . Staff is looking at an IBM System 36 program compatible with our existing equipment. This would allow everyone to have their own terminal to be feeding into one area. Mayor Rascop asked if a data base would be established, and if so, what would be feed into it? Vogt said several things, property management, utility billing, word processing, etc. He said they are in the infant stage of looking at this. Shelly needs something, finance is looking for an acceptable accounts payable package, general ledger, and aren't finding anything that will work on a micro computer. It gives opportunity to expand the system so each one can have access and get away from buying a processor for each particular use. Mayor Rascop said he feels what he'd do is to have each department write and programs they would like to get the consultants we've been working packages and go at it again in recommend buying any hardware. situation where we have to write of goals from each department. like to see Administrator Vogt down the types of applications into, then have Ev, or some of with, to come up with software that same way. He will not He does not want to get into a our own software, he wants a set . Administrator Vogt said were looking at software first, have sat down with a representative to find out what software is compatible to the system we're looking at. -8- . . . MINUTES MONDAY, OCTOBER 26, 1987 PAGE NINE ADMINISTRATORS REPORT - CONTINUED Computer Expansion - Continued Council felt Vogt should keep looking but not buy hardware at this time. Street Light Request - WCL Acres - End of Charleston Circle in Cul-De-Sac Rascop moved, seconded by Haugen, to have Administrator Vogt contact NSP for installation of a street light at the end of Charleston Circle in the cul-de-sac. Motion carried - 4 ayes. City Owned House - 5790 Country Club Road Vogt informed the Council the house is not sold yet. Freeman Park - Consideration of Culverts Under Walking Trails Brancel moved, seconded by Stover, to direct Engineer Norton to recommend pipe sizes and estimate cost for culverts under trails. Motion carried - 4 ayes. Freeman Park - Grading Plan Request Brancel moved, seconded by Haugen, to have OSM redo the Freeman Park grading plans, leaving trees, omitting the berms, putting the southernmost ballfield and parking lot on hold, and that staff go out for bids and have the grading and seeding done as soon as possible. Motion carried - 4 ayes. Rascop said when thats done he does not want anything done to obstruct eventual new ballfield. MAYORS REPORT House The people that were going to rent the house have found somewhere else. Prosecution of Municipalitv Cases Mayor Rascop asked that a letter be sent to Steve Smith, Smith-Fisher Law Firm, thanking them and declining their offer to prosecute the City's municipal cases at this time, and telling them that they usually make these decisions the first of the year and they are welcome to submit information at that time. -9- . . . MINUTES MONDAY, OCTOBER 26, 1987 PAGE TEN MAYORS REPORT - CONTINUED Hennepin County - Minnetrista Parkland Mayor Rascop brought the Council up to date on the proposed park, saying Minnetrista refused to condemn the land. As a result, a change of area has taken place in the land requested for the required 200 acre park. He pointed out the changes being considered on a map and stressed the fact that Shorewood property could eventually be inyolved, and it would be wise to keep abreast of whats going on. SLMPSD Mayor solved basis. Rascop announced that SLMPSD had the highest number of cases in Hennepin County this year according to a percentage ADJOURNMENT Brancel, to adjourn the Regular Council 26, 1987, at 10:36 p.m. subject to Motion carried unanimously - 4 ayes. Haugen moved, seconded by meeting of Monday, October approval of claims for payment. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 General Liquor Checks #051650-051739 $248,994.87 $36,682.70 Payroll Checklist: Checks #201608-201633 S 8,390.88 S 2,695.09 $257,385.75 $39,377.79 Total RESPECTFULLY SUBMITTED, R~~~~ Mayor Sue Niccum Deputy Clerk SN/slq -10-