Loading...
110987 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, NOVEMBER 9, 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, November 9, 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 Haugen, Stover, Gagne and Brancel. Staff Attorney Froberg,Eh~~neer Norton, Clerk Kennelly and Administrator Vogt (Arrived at 8:53 p.m.). APPROVAL OF MINUTES Haugen moved, seconded by Stover, to approve the minutes of the October 26, 1987 Council Meeting with corrections on pages 1,5,6 and 8. Motion carried - 4 ayes (Gagne abstained). . Stover moved, seconded by Haugen, to Special Meeting of November 4 as written. approve the minutes of the Motion carried - 5 ayes. MATTERS FROM THE FLOOR Bracketts Road/Arens Trespassing Complaint . Barbara Jo Arens of 22150 Bracketts Road was present to inform the Council that the trespassing has continued on their property after they have completed the surveying of their property. Their Attorney has submitted a letter to Attorney Froberg informing him of the continuing violations by the potential buyers of the Galpin Lake Woods project, and stating that nothing has been done to prohibit the trespassing. Froberg was not aware that the surveying has been completed. Mrs. Arens stated that the road right-of-way was from 101 to 151 from the traveled surface. Froberg suggested that they could block off the road by barricading their property. Mrs. Arens doesn1t want to block off Mr. Moore1s access but wants the City to control the trespassing. Froberg stated that he felt this was a property dispute and without state statue or damage done, the city had no means for recourse. He will review the site and discuss the matter with Chief Young. They have also had children trespassing from Murray Street cutting through their yard going to St. John1s School. Mr. Arens stated that the developer has "warned" potenial buyers of their project about Arens opposition to their driving and parking on their property. Gagne asked if this problem has been discussed with the developer. Froberg stated that there has not been any correspondence with them since the preliminary plat approval. -1- . . ~ MINUTES MONDAY, NOVEMBER 9, 1987 PAGE TWO MATTERS FROM THE FLOOR - CONTINUED Bracketts Road/Arens Trespassing Complaint - Continued Mrs. Arens stated that the City acquired right-of-way to access Moore1s property south of the present road surface, but that area is not being used. Froberg would like to review the survey with Nielsen and Vogt and return to the Council with that information. Council directed the Attorney to write letters to the developer, Moore1s and agents regarding the trespassing and inform them that they should provide access to their property over the easement and not over Arens property. Froberg will also contact the Police Chief regarding the trespassing. PLANNING COMMISSION REPORT Stover reported that the Commission discussed the Cross subdivision at the past meeting. They will be reviewing the "hardship" criteria. PARK COMMISSION REPORT Commissioner Lindstrom reported that the Commission met with the area residents of Silverwood Park. They discussed phasing the improvements to that park beginning with the installation of play ground equipment and tennis court this spring. They would like to see all fill that is brought in, leveled and seeded as soon as possible. Brancel moved, seconded by Haugen, to direct Engineer Norton and Administrator Vogt to obtain a cost estimate for landscape plans and tennis court plans that will maintain as many existing trees as possible. Motion carried - 5 ayes. CONSENT AGENDA AMENDMENT Haugen moved, seconded by Gagne, to amend the Consent Agenda by removing item C - MWCC - Easement request for Cathcart Park. Motion carried - 5 ayes. CONSENT AGENDA INSURANCE RENEWAL Staff recommends renewal of the Cities insurance policy with North Star Risk Services for $70,670.00 from November 1, 1987 to November 1, 1988 representing a reduction from last year. TIMBER LANE SPEED REDUCTION APPROVAL RESOLUTION NO. 147A~87 MnDOT has completed a traffic study of Timber Lane. MnDOT and City Staff recommend posting a 20 MPH speed limit with curve arrows and the removal of vegetation to improve site distances. -2- . . . MINUTES MONDAY, NOVEMBER 9, 1987 PAGE THREE CONSENT AGENDA - CONTINUED RELEASE TAX FORFEITED PROPERTY FOR SALE RESOLUTION NO.148-87 Gideon's Orchard Monument - Staff recommends releasing for sale to adjacent property owner, the Gideon's Orchard Monument. The State Historical Society approved this sale and the adjacent property owner, John Dennis, is interested in enhancing the area. Staff recommends that an easement be given to the City for possible storm sewer installation. SMITHTOWN ROAD PROJECT - 86-3 - APPROVAL OF PAYMENT Engineer Norton recommends approval of the 4th and final payment of the Smithtown Road - Project 86-3 to Volk Trucking and Excavating, Inc. in the amount of $8,931.00. Due to an unsettled damage claim, $243.00 will be withheld to reimburse damages done to Mr. Hertzberg's car due to hitting an uncomplete manhole that was not marked. Gagne moved, seconded by Stover, to approve the listed items of the Consent Agenda including the Resolution. Motion carried by Roll Call Vote - 5 ayes. MWCC EASEMENT ON CATHCART PARK RESOLUTION NO.149-87 Haugen moved, seconded by Stover, to approve the MWCC easement over Cathcart Park according to the Agreement submitted and to include replacement of any tree in accordance with caliper inches as recommended in the staff report of November 2, 1987. Motion carried by Roll Call Vote - 5 ayes. PRESENTATION FROM RILEY/PURGATORY WATERSHED DISTRICT Conrad Fesness and Brad Richards were present to explain their requests for financial support to establish a fund that will be used to pay for small storm water projects within the eight communities in the Riley Purgatory Creek Watershed District. They are requesting $227.10 from Shorewood the first year and $113.55 in subsequent years in the form of a levied mill rate. Council questioned the likelihood of these funds being used in Shorewood. They also had concerns that this fund would continue to increase each year adding additional cost to the cities tax payers. Gagne moved, seconded by Stover, to approve the funding request. Motion was denied - 1 aye (Gagne) to 4 nays. SIMPLE SUBDIVISION APPROVAL 24250 SMITHTOWN ROAD RESOLUTION NO.150-87 Stover reported that the Planning Commission unanimously approved the simple subdivision of 24250 Smithtown Road into one lot containing the house and the balance of residue property. The ghost plat for possible future development indicated that the residue lot can be accessed over the current driveway access off of County Road *19. -3- . . . MINUTES MONDAY, NOVEMBER 9, 1987 PAGE FOUR SIMPLE SUBDIVISION APPROVAL 242S0 SMITHTOWN ROAD - CONTINUED Mr. Cross does agree to the 8 recommendations listed by Planner Nielsen in his report. Stover moved, seconded by Brancel, to approve the simple subdivision subject to the Planners eight recommendations. Motion carried by Roll Call Vote - S ayes. BAYSWATER ROAD - USE OF RIGHT-OF-WAY COMPLAINT Stover presented a request from Mr. Jerry Peterson of 20780 Garden Road to allow him to maintain the right-of-way adjacent to his property in the manner in which he feels fit as everyone else in the City does. Council discussed with Mr. McNulty the letter sent October S, 1987 to him and Mr. Peterson asking them to discuss the issues of placement of mailboxes and right-of-way maintenance. Mr. McNulty stated that he and Mr. Peterson have been msuccessful incommunicating regarding this issue. He referred to the original grading plan for Amesbury that required them to install sod according to the plan, and the Association has maintained that grading and sod since the installation. This summer the installation of utilities to Peterson's new house dug up parts of that landscaping. Haugen referred to her motion to have Amesbury mailboxes moved to their side of the street to allow the Association to maintain the right-of-way on Peterson's side of the street. McNulty surveyed mailboxes in areas of the city and indicated that many of the boxes are located on the opposite side of the streets from their homes. He feels it would be arbitrary to force the relocation of their mailboxes. Mr. Peterson stated that he feels the right-of-way should be taken care of by the adjacent property owner only, as in all other areas of the City. Stover moved, seconded by Gagne, for discussion, to authorize the Mayor to sign an order to not allow anyone other than the property owner adjacent to the right-of-way to maintain that right-of-way. Stover removed her motion from the floor, Gagne accepted the removal. Stover and Haugen asked for a revote on Haugens previous motion to move the Amesbury mailboxes to their side of the road and allow Amesbury West to maintain the right-of-way adjacent to Peterson's property. Motion was rescinded - 2 ayes (Haugen and Rascop) 3 nays. Stover supports having only the adjacent property owner and the City being able to maintain the adjacent right-of-way. Mr. McNulty stated that the P.U.D. required the sodding, and they have maintained that area to date. Stover feels that all structures should be within the P.U.D. zoned area or at the recommendation of the Planning official. Forberg recommended that this should be set by policy. (Administrator Vogt arrived at 8:S2 p.m.). Norton stated that sodding and maintenance was required for 1 year until Bayswater Road was turned over to the City. -4- MINUTES MONDAY, NOVEMBER 9, 1987 PAGE FIVE . ROAD RIGHT-OF-WAY MAINTENANCE POLICY Stover moved, seconded by Gagne that Resolution be adopted providing that only the City and owners of property contiguous with the right-of-way may maintain the right-of-way. Motion carried by Roll Call Vote. ORDER TO REMOVE MAILBOXES Stover moved, seconded by Brancel, that a Resolution be adopted ordering the moving of the Amesbury West mailboxes to the right-of-way continguent to Amesbury West, unless previous permission had been granted for their present location, and that all mailboxes be located within the P.U.D. Motion carried by Roll Call Vote - 5 ayes. ATTORNEYS REPORT S.E. Area Watertower Condemnation A board of Commissioners was appointed to do the condemnation appraisal on the watertower site and report back to district court. The final report has been submitted valueing the site at $200.00. Froberg reviewed the Commissioners itemized bill and recommended payment of $1,524.86. . Gagne moved, seconded by Haugen, to approve the payment as recommended. Motion carried - 5 ayes. ADMINISTRATIVE REPORTS Acceptance of Bid - Sale of House RESOLUTION NO.151-87 Two proposals were submitted to the Council for consideration. Mark McCurdy, listing agent, submitted an offer from joint purchasers at $105,000.00. Mark Bartikoski then submitted a single purchaser offer from his client at $115,750.00 Council reviewed the client's financial reports and the terms offered by the clients. Mr. McCurdy as the real estate agent for the City, recommended acceptance of Mr. Bartikoski's clients bid. Rascop moved, seconded by Gagne, to accept the offer of $115,750.00 and authorize the Mayor to sign the purchase agreement subject to the Attorneys review of the agreement. The conditions of the sale is "as is sale" with a quit claim deed to be transferred to the new owner. Motion carried by Roll Call Vote - 5 ayes. Fund Transfer . Rascop moved, seconded by Haugen, to finance a two year contract for deed for the house sale at 10 1/2% interest (funds to be borrowed) from the sanitary sewer fund and paid back to 8% interest. Motion carried by Roll Call Vote - 5 ayes. Return House To Tax Rolls Hauqen moved, seconded by Gagne, to direct Hennepin County to retarn the nouse to the tax rolls effective the date of closing. Motion carried by Roll Call Vote - 5 ayes. ~ MINUTES MONDAY, NOVEMBER 9, 1987 PAGE SIX . ADMINISTRATORS REPORT - CONTINUED Purchase Agreement for Land Addition to Manor Park Negotiations square feet agreed on a Administrator have taken place with Robert Walz to purchase 30,000 of his property, to add to Manor Park. They have purchase price of $22,000.00. The Park Commission and Vogt recommend the purchase of the property. Haugen moved, seconded by Stover, to authorlze the Administrator to draw an agreement for purchase of land at $22,000.00. Motion carried - 5 ayes. Request for Feasibility Study Glen Road Drainage Proiect RESOLUTION NO.152-87 A letter was received from Jim Mahady of Minnehaha Creek Watershed District listing three methods to obtain and fund a feasibility study for the Glen Road area with an estimated cost between $2,000.00 and $5,000.00. The Council discussed the various methods for funding. . Haugen moved, seconded by Gagne, to have the Mayor respond to Mr. Mahady requesting funding from the Watershed District to do the feasibility study. Gagne felt the City should up front the feasibility study cost instead of waiting for response from the Watershed District. The up front feasibility study costs could be included in the project cost if done, if not done, the petitioners will have to pay the cost. Norton asked if the Watershed District had the right of condemnation on private property if easements are needed. Mahady stated that they could, but would prefer that the city would handle that. Rascop asked if the Council would support the assessing of this project to all the residents within the entire drainage district. Motion failed 1 aye (Haugen) to 4 nays. Haugen moved to support Option #1, petition process where the petitioners pay the cost. Motion failed for lack of support. Gagne moved, seconded by Stover, to support Option #2, to fund the feasibility study not to exceed $5,000.00, the study to be done by the Watershed District Engineers, Hickok and Associates, and to ask Tonka Bay and Hennepin County to participate in the cost of the study. Motion carried - 4 ayes to 1 nay by Roll Call Vote. Special Meeting Set - City Hall Addition Bid Opening Rascop moved, seconded by Stover, to set a special meeting for November 30, 1987 at 7:30 p.m. for the purpose of accepting the bids for the City Hall expansion project. Motion carried - 5 ayes. . December Meeting Schedule Council set December 14, 1987 as the only Council Meeting to be held in December. -6- MINUTES MONDAY, NOVEMBER 9, 1987 PAGE SEVEN . ADMINISTRATOR'S REPORT - CONTINUED Review of November 23rd Agenda Vogt reviewed some of the items for the next meeting: Sewer and Water Budget Budget Amendments Signal Light discussion at Highway 7 and County Road 19 NSP Franchise New Phone System MAYORS REPORT Mayor Rascop reviewed the progress on the acquisition of park property on Lake Minnetonka in Minnetrista. Two new members have been selected, one from Woodland and one from Shorewood, to the Minnehaha Creek Watershed District Board. Acceptance of applications has been closed for the LMCD Director position. They have received 70 applications and will begin reducing the selection on November 15, 1987. COUNCIL REPORTS . Public Works Conference Haugen moved, seconded by Gagne, Zdrazil, Nielsen and Stover to carried - 5 ayes. to provide funding for Don attend the conference. Motion Sewer Fund Council recommended that the Financial Board should have imput toward the recommended increase in sewer charges. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Stover, to adjourn the Regular Council Meeing of November 9, 1987 at 10:35 p.m. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 Checks #051740 - 051835 Payroll Checklist: Checks #201635 - 201665 TOTAL General $195,425.38 Liquor $68,565.20 . RESPECTFULLY SUBMITTED, S 8,972.18 S 2,698.28 $204,397.56 $71,263.48 ~~R:e~YOr Sandra L. Kennelly, City Clerk SLK/slq -7-