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011188 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 11, 1988 MINNEWASHTA SCHOOL 26350 SMITHTOWN ROAD 7:30 P.M.WEST ENTRANCE 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, January 11, 1988, 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, Clerk Kennelly and Financial Director Beck APPROVAL OF MINUTES Brancel Regular ayes. moved, Meeting the minutes of the Motion carried - 5 seconded by Gagne, to approve of December 14, 1987 as written. Gagne moved, seconded by Brancel, to Special Meeting of December 3, 1987 Motion carried - 5 ayes. approve the minutes of the as amended on pages 2 & 4. PLANNING COMMISSION REPORT Stover stated that the Planning Commission unanimously approved the Reifenberger variance and the Priest subdivision. Other items reviewed will be discussed later on this agenda. PARK COMMISSION REPORT Jim Andrus reported on the action of the Park Commission at their last meeting. They recommended that the Council accepted the lowest bid on the grading for Freeman Park. Ken Vogel has been recommended for Chairman for 1988 and Mark Laberee for Co-Chairman. They also reappointed Laberee and Andrus for another term. Brancel requested a monthly report of financial expenditures and fund balances of Capitol Improvement Fund and General expenses. -1- . . . MINUTES MONDAY, JANUARY 11, 1988 PAGE TWO PARK COMMISSION REPORT - CONTINUED A meeting will be held next week with the Planner and Administrator to discuss the problem in getting plans for the Manor Park warming house. 1988 CITY APPOINTMENTS RESOLUTION NO. 1-88 The Council filled in the appointments for 1988. (List enclosed within these minutes. Haugen moved, seconded by Stover, submitted within the Resolution. vote. to approve the appointments as Approval - 5 ayes by Roll Call CONSENT AGENDA AMENDMENT Stover moved, seconded by Gagne, to remove item "C" from the consent agenda for discussion. CONSENT AGENDA Cigarette License - 1988 RESOLUTION NO. 2-88 The following applications were received for renewal of their 1988 Cigarette Licenses: Minnetonka Country Club Skipperette Driskill's Super Valu Arnold's-Am. Amusement Arcades American Legion Post #259 Snyders Drug Howard's Point Marina I.C.O. Oil Company Garbage Collectors License RESOLUTION NO. 3-88 The following Licenses: applications were received for renewal Wood Lake Sanitary Service Crosstown Sanitation Quality Waste Control R & W Sanitation, Inc. Waste Management - Savage Westonka Sanitation Gopher State Trucking Blackowiak & Sons Approval - City Hall Expansion of their 1988 Payment Voucher The staff recommends payment of $48,345.45 to Zastrow-Nasset Construction, Inc. for work completed on the City Hall expansion. -2- . MINUTES MONDAY, JANUARY 11, 1988 PAGE THREE CONSENT AGENDA - CONTINUED City Hall Expansion - Change Order A change order was submitted in the amount of $1,863.00 for added work to be done to correct problems with the existing structure. Staff recommends approval of this change order. Haugen moved, seconded by Gagne, to approve the above listed items and Resolutions on the consent agenda. Motion carried by Roll Call Vote - 5 ayes. RESCHEDULING OF JOINT COMMISSION MEETING Haugen felt that the "Future Planning" Session should be earlier than the proposed March 5th date. Gagne moved, January 16, ayes. seconded 1988 from by Haugen, 8:00 A.M. to reschedule the session for to 2:00 P.M. Motion carried - 5 SETBACK VARIANCE - 4995 ST. ALBANS BAY ROAD RESOLUTION NO. 4-88 . Melissa Reifenberger of 4995 St. Albans Bay Road was present to request two variances for a proposed addition to her home. She will need a 21' r.o.w. variance and a 5' rear yard setback. Stover stated that the Planning Commission felt this request was the best example of why a variance should be granted. Haugen moved, seconded by Brancel, to grant the variances as requested. Motion carried by Roll Call Vote - 5 ayes. SIMPLE SUBDIVISION - 24270 YELLOWSTONE TRAIL RESOLUTION NO. 5-88 A request from Ilka Priest of 24270 Yellowstone Trail has been received to divide and combine a newly purchased lot. She proposes to divide the back portion off with a 50' access strip from the road to the rear lot portion, this portion will be combined with her existing property, the front lot on Yellowstone Trail will be sold. Gagne moved, seconded by Brancel, to approve the combination subject to the Planners recommendations. by Roll Call Vote - 5 ayes. division and Motion carried JUNK COMPLAINT - 4925 RUSTIC WAY A written request was received from Allen McKinney of 4925 Rustic Way to discuss his junk violation "notice of removal". He did not appear at this meeting. . Staff stated that a notice was sent originally on December 4th, and reinspection was done on December 17th, nothing was done at that time. The tow truck was called on December 18th, McKinney then called the City the week of Christmas after being contacted by the towing company. Gagne supports proceeding with the tow removal. -3- . MINUTES MONDAY, JANUARY 11, 1988 PAGE FOUR COMMERCIAL BUILDING PERMIT - 24000 ST. HIGHWAY 7 Nick Ruehl, representing E.O.S. Corporation, submitted a request for a building permit to remodel a major portion of the first floor of the Sullivan Center. He is presently negotiating a lease on that building. Ruehl is representing the Center in his request. No structural changes will be made. Stover moved, seconded by Brancel, to approve the permit subject to the Planners recommendations. Motion carried - 5 ayes. ATTORNEYS REPORTS Amesbury West Homeowners - Challenging Resolution Attorney Froberg has prepared a letter in response to the Homeowners challenge to the mailbox Ordinance. The feel that the land that the road is on was entirely owned by the developer prior to the development, which entitles them to the control of the right-of-way on both sides of Bayswater Road. Nielsen feels that the current P.U.D.s comply to the Mailbox Ordinance. Council stands behind the Ordinance and supports the Attorneyls response letter. . ENGINEERS REPORT Cost Estimates for Waterline Extension - McLain Road Engineer Norton reviewed his report with a total project estimated cost of $33,700.00. The cost could be divided amoung seven (7) property owners at a cost of $4,814.00 each. Council discussed various methods to determine how the cost should be distributed. Conrad Schmid, representing this area, asked about alternatives as how to pay for this improvement. Staff will look into alternative financing options. Nielsen referred to the current water policy that refers to 100% participation on a signed petition. They discussed the possibility of deferring payment of a person did not want the water at this time if the remaining petitioners were willing to accept the total project cost. That resident would then have to pay back the residents at the time. Rascop questioned the deferrment of oversizing until which time the lines will be extended for additional services. Council directed that cost estimates be sent to affected people along the proposed extension. Award Freeman Park Grading Bid RESOLUTION NO. 6-88 . Engineer Norton has recommended acceptance of the low bidder, Widmer Bros., at a cost of $49,355.00 this was also recommended by the Park Commission. Haugen moved, seconded by Gagne, to award the bid as recommended. Motion carried by Roll Call Vote - 5 ayes. -4- . MINUTES MONDAY, JANUARY 11, 1988 PAGE FIVE ENGINEERS REPORT - CONTINUED Award Freeman Park Grading Bid - Continued RESOLUTION NO. 6-88 Norton stated that additional costs from 15% to 20% will be added for indirect costs, such as surveying and staking. Brancel asked if addition work could be contractor. The Park Commission will have directly on a cost basis with the contractor. discussed with the to negotiate this S.E. Area Temporary Water Supply Start-up The well over from take final transferred anticipated developed. has been tested and is ready for start-up and switching the Minnetonka system. Minnetonka has been notified to readings. Stover asked when Shady Hills will be over to the Shorewood system. The change over was not until the multiple family and commercial areas are Norton stated that the water from the Shorewood system should be no different than the Minnetonka water except that the iron is not removed on the Shorewood system. . Haugen moved, seconded by Gagne, to request a final reading from Minnetonka and to switch the system over to the Shorewood system. Elevated Tower Status Engineer Norton stated that the water tower contractor would like to haul fill material into the site. They would like to build up the work area around to the base of the tower site. Froberg stated that the condemnation procedure has been completed to acquire the easement from the state subsequent to payment of the $1,500.00 agreed upon for the easement. Gagne moved, seconded by Haugen, to authorize payment of $1,500.00 to the state for the water tower site easement. Motion carried - 5 ayes. PLANNERS REPORT City Hall Expansion . Nielsen stated that the progress on the addition is going along a little ahead of schedule. He has obtained a quote of $1,600.00 to balance the heating system on the existing portion of the building. This would be done at the completion of the project. Funds may be available from the contingency fund. This balancing was never accomplished properly from the time of construction. The Engineer did have this list of items to be completed prior to finalizing out the original construction. -5- . . . MINUTES MONDAY, JANUARY 11, 1988 PAGE SIX PLANNERS REPORT - CONTINUED Authorization to Issue Building Permit for Brentridge A request was received from Dave Johnson for one building permit for the Brentridge subdivisions. The house would be built on the only Smithtown Road lot that has all utilities available to it at this time. Nielsen stated that precedent has been set on other subdivisions. He recommended approval subject to non issuance of the certificate of occupancy until the plat has been completed. Gagne moved, seconded by Stover, to approve the request for one building permit subject to the occupancy certificate being with held until completion of the plat. Motion carried - 5 ayes. Budget Amendment - Planning Nielsen requested a budget amendment to purchase furniture from the 1987 budget for purchase in 1988. Gagne moved, seconded by Stover, to approve a budget of $950.00 for the purchase of furniture for the planning department. Motion carried. Administrator Vogt requested an additional amendment to transfer funds from a line item in goverment services from the 1987 budget for an additional exspended furniture purchase. Council denied the request and suggested that they may review the needs after the completion of the City Hall expansion project. ADMINISTRATIVE REPORTS Commercial Sewer Rate Increase Discussion Ray Odde and a controller for the MWCC will be attending the next Council meeting. Staff has recommended that all Commercial businesses be required to install a meter on their well to determine sewer usage. They did not feel the S.A.C. formula method would be equitable. An Ordinance is in place that can require meter installation by Resolution. Gagne moved, seconded by Haugen, to draft a Resolution for review by the Council, to require metered Commercials effective April 1, 1988. Motion carried - 5 ayes. House Sale to be Relinquished Purchaser lost her job but she has not relinquished the agreement as of yet. Vogt stated that the plumbing had frozen, and the repairs have been completed. -6- . . .. MINUTES MONDAY, JANUARY 11, 1988 PAGE SEVEN ADMINISTRATIVE REPORTS - CONTINUED S.E. Coalilition of Communities Contract Payment Vogt asked for approval to pay the final contract payment for 1987 of $352.35. Council asked about the purpose of this committee. Vogt explained the frame work done to establish correct population figures needed to reflect on sewer availability and transportation issues. Vogt doesn't recommend participation in 1988. Council questioned whether they approved the 1987 contract. Council requested substantiation approving the 1987 contract prior to final payment. MAYORS REPORT Complaint of Tonka Bay Water Tower Site Tonka Bay city line have complained about regarding the placement of their tower. the procedures with Tonka Bay prior to Residents close to the receiving no notification Nielsen was to check on approving the site location. LMCD The LMCD met with eight lake area Legislator's and discussed holding off on action of the municipal responses regarding their legislative proposals. COUNCIL REPORTS Light Rail Authority that the Advisory Committees have sent their final to the Hennepin County Commissioners. for a system to go from Minneapolis to Hopkins Some stations have been eliminated along the have been received from new owners along the to the use of that corridor for light rail near Haugen stated recommendation Recommendation is and to Excelsior. way. Complaints corridor, opposed their homes. A.M.M. Proposals have been submitted on property tax reform that would change the current system and revise the homestead credit. Suggestions for Joint Meeting Agenda Council suggested various items to be discussed at the joint meeting: 1. Financial conditions of the City 2. Variance standard 3. Use of trails by snowmobiles -7- . . . MINUTES MONDAY, JANUARY 11, 1988 PAGE EIGHT COUNCIL REPORTS - CONTINUED Police Direction Gagne supports the removal of the vehicles from the McKinney property with an accompanying officer. He also requested that the police patrol the parks for motor vehicles that are driving in the parks illegally. Stover asked what kind of responses are we getting from the notices of junk violations. Vogt indicated that 15 out of 20 notices sent have been taken care of. Junk Complaint Brancel asked what has been, and can be done to get the Village Pump property cleaned up. Nielsen stated that the Junk Ordinance doesn't apply the same to businesses as individual residences. The owner has had problems with acquiring possession of the property. He does have plans to fence or screen the storage area. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting of Monday, January 11, 1988 at 10:10 P.M., subject to approval of claims for payment. Motion carried - 5 ayes. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 General Liquor Checks #052151 - 052266 $220,798.23 $64,807.91 Payroll Checklist: Checks #201766 - 201805 $ 11,046.26 $231,844.49 $ 3,013.27 $67,821.18 Total RESPECTFULLY SUBMITTED, ;fd.j A?~;fV Robert Rascop Mayor Sandra L. Kennelly City Clerk -8- . .~------4