Loading...
062788 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 27, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 PM, Monday, June 27, 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. APPROVAL OF MINUTES Haugen moved, Stover seconded, to approve the minutes of June 13, 1988, with amendments on pages 9 and 10. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Elder Turn Street Light Approval Ms. Bobbie Harrington was present to request the Council to approve a mid-street location for a street light. She stated that all the residents have approved the mid street location. Haugen moved, seconded by Stover to direct the Administrator to coordinate with N.S.P. to locate the light in the best position. Motion carried - 5 ayes. Bracketts Road - Complaint Mr. Moore of Bracketts Road complained about the blocking off of access to his property at the end of Bracketts Road. A truck was parked across his access last Thursday by the Arens in con- junction with a property line dispute with the developers of the Galpin Lake Woods project. He stated that emergency vehicles would not have been able to get to his property if needed. Nielsen stated that an Ordinance violation has been made against a Volvo truck. -1- . . . MINUTES - MONDAY, JUNE 27, 1988 PAGE 2 MATTERS FROM THE FLOOR- Bracketts Road Complaint - Continued Barbara Jo Arens read the police report on the trespassing citation given to Jeff Schoenwetter. Greg La Franc of 22120 Bracketts Road, stated that he gave Arens permission to park their truck on his property in his absence, after back-hoe and loader were taken across his property. Mr. Moore felt that the truck was an "unpassable barrier" and was in violation of state statue. Moore felt that the City Attorney had not defined the property lines for Bracketts Road. Attorney Froberg felt that the blacktopped area is the City's property. The police will ensure that the road is not blocked off. Mrs. Hoban, former owner of LaFranc's property, observed the construction and equip- ment and feels the vehicles are creating a dangerous situation for children in the area. AMEND AGENDA Rascop requested an agenda amendment to hear Representative John Burger. INTRODUCTION BY JOHN BURGER Mr. Burger was present to introduce himself as Shorewood 43A- State Representative. He is filing for his fourth term and asked for the residents support. The Council thanked Mr. Burger and his wife for being present. CONSENT AGENDA Public Service Agreement - South Shore Senior Center Resolution 64-88 An agreement was submitted for approval by Resol.authorizing Henn.epin County Office of Planning and Development to discharge the fund allocated to the South Shore Senior Center and submit financial statements of expenditures to the City. Park Capitol Improvement Plan Resolution 65-88 A Resol was submitted for acceptance and adoption of a 5 year Parks and Recreation Capitol Improvement Program for 1988 through 1992. 1988 Sewer Maintenance Work - Payment Voucher Staff recommended payment of $5,466.85 to Visu-Sewer Clean & Seal, Inc. for work completed on the 1988 Sewer maintenance project. ilL Haugen moved, seconded by Gagne to approve and adopt Resols!6n the Consent Agenda as submitted. Motion carried - 5 ayes by Roll call Vote. -2- . . . MINUTES - MONDAY, JUNE 27, 1988 PAGE 3 GALPIN LAKE WOODS DISCUSSION Water Discussion Administrator Vogt referred to the staff report of June 23, 1988, reviewing various recommendations to extend water and comparisons to other developments that have made water ex- tensions to their developments. The current water connection policy would have to be changed in order to implement these various methods. Council reviewed the methods offered by staff and suggested additional alternative formulas. Mr. Scheonwetter has asked the Council to waive the requirement of concrete curbs in lieu of continuous rolled asphalt. Haugen suggested that the City would give him a $2,000.00 connection credit for each Lot within the plat and $4,000.00 credit for hydrants outside the plat. He would also receive a maximum pay back of $32,000.00 for connections outside the pro- ject where he provides water service at his expense by paying the entire installation cost to his development. Nielsen clarified that Mr. Scheonwetter would have to still pay $2,000.00 for each connection within his plat with the current policy in effect. He stated the Shorewood Oaks received the complete $4,000.00 per unit credit within the project area. Council reviewed the total water installation cost and compared costs both inside and outside the project area. Haugen moved, seconded by Gagne, to require the developer to in- stall concrete curb and gutter within the development area; to allow a $4,000.00 connection credit for each Lot inside the plat; a $12,000.00 cap for reimbursement of outside connections outside the project ($1,000.00 to developer, $3,000.00 to City = $4,000.00 charge to outside connectors) with a seven (7) year reimbursement agreement. Motion carried - 5 ayes by Roll call Vote. Permit Discussion Nielsen stated that when the new road was put in, two building permits were issued on Lots 9 & 10. Barbara Jo Arens asked for all the timing and documentations done prior to issuing those permits. She is disputing a 10 foot difference in property line location. Staff stated that the 10 foot dispute will be deter- mined in court not by the City. The development agreement was in effect, all fees paid, insurance submitted, plans approved and granted on the condition that the developers stay within their property boundaries. -3- . . . MINUTES - MONDAY, JUNE 27, 1988 PAGE 4 GALPIN LAKE WOODS DISCUSSION - Continued Permit Discussion Ms. Arens submitted a copy of a previously submitted plat for that property that showed the proposed road in a different location. The question of using Murray Street for an access was brought up but Norton felt this was difficult and improbable. Mr. LaFranc stated that he has been placed under a great deal of stress and pressure to sell a portion of his land to Mr. Scheonwetter. He has agreed to sell the portion they wanted. The Arens have stated that they have started legal proceedings to stop the project until the property line has been determined by the Courts. The City has not received any official notice to date. Froberg stated that the Arens can obtain a temporary re- straining order to stop construction. Ms. Arens feels the City has given the developer special consideration that was not given to them in their effort to stop the project until the property line was determined. Haugen supported the Council's position that this is a private matter to be determined by the Courts. Stover asked if there was enough room available for the road without going into the wetlands if the Arens property line is correct. Council directed the staff to determine if a road can be located to the south. DENIAL OF SIMPLE SUBDIVISION 26620 W. 62nd STREET RESOLUTION #66-88 A request for a simple subdivision was held over from last meeting due to a disagreement of conditions on two purchase agreements drawn. Mrs. Anna Olson, listing agent for owner Mrs. Erna Meier, was present to request the division. The Attorney representing the parties did not meet to discuss the agreements. Mr. Detrude, the current leaser of the home and purchase agreement owner, has been advised by his Attorney that he has the "overpower- ing purchase agreement" over the agreement with the Minnewashta Church. He is requesting the Council to deny the subdivision. He would lose land, an existing garage and a possible dividable lot if the division is approved. He was not informed of any of these issues when he signed the purchase agreement. Nielsen stated that the City would be creating a non-conforming lot by allowing the division and requiring the road right-of-way dedica- tion. This would change the frontage line and cause the shed to become non-conforming. -4- . . . MINUTES - MONDAY, JUNE 27, 1988 PAGE 5 DENIAL OF SIMPLE SUBDIVISION 26620 W. 62nd STREET- Continued RESOLUTION # 66-88 Haugen moved, seconded by Stover, to deny the simple subdivision due to the creation of a non-conforming lot. Motion carried - 5 ayes by Roll call Vote. REQUEST TO SET PUBLIC HEARING FOR REZONING OF PROPERTIES ON HOWARDS POINT ROAD A request has been received to have the City rezone 5685 Howards Point Road. Council directed the staff to contact the neighboring properties for interest in rezoning. A letter was received from 5665 Howards Point Road, expressing interest and 5675 Howards Point Road has no objection to the rezoning. Gagne moved, seconded by Brancel, to authorize setting a public, hearing for August 2nd to rezone the 3 lots on Howards Point Road. Motion carried - 5 ayes. REQUEST TO SET PUBLIC HEARINGS FOR STREET VACATION-LAWTONKA RESOLUTION #67-88 Peter Boyer requested the Council to vacate a land locked portion of a point off of Timber Lane in exchange for land on either side of Timber Lane. Haugen moved, seconded by Rascop, to set a public hearing to vacate the portion as requested, hearing to be set for July 25, 1988. Motion carried - 5 ayes by Roll call Vote. "NOTICE TO REMOVE" TIME EXTENSION REQUESTED A request to extend the time to remove a burned out structure at 5955 Ridge Road, was received from Rannow Contracting Inc. Nielsen had concerns regarding the erosion control barrier needed, but this has now been installed. Rannow Contracting is asking for an exten- sion until July I, 1988. Haugen moved, seconded by Stover, to authorize the extension for removal to July I, 1988, if not removed, the City will remove and assess back expenses to the property. Motion carried - 5 ayes. (Council Break: 10:00 P.M. - IO:05 P.M.) AMEND AGENDA Council requested to amend the Agenda to hear item #13-D-I- Amesbury Pumphouse Expense. -5- . . . MINUTES - MONDAY, JUNE 27, 1988 PAGE 6 AMESBURY PUMPHOUSE REIMBURSEMENT OF EXPENSE Mrs. Wood was present to request a reimbursement on behalf of the Amesbury Assoc.. She had repairs and painting done to the pump- house unaware that the City was the owner. She is asking for a reimbursement of $2,400.00 for work completed on the pumphouse. Stover moved, seconded by Haugen, to approve the reimbursement to the Amesbury Assoc. from the water fund. Motion carried - 5 ayes. GLEN ROAD/COUNTY ROAD #19 - DRAINAGE STUDY DISCUSSION Jim Mahady of Hickok and Assoc. and Engineer for the watershed district, and Chairman Al Lehman of Minnehaha Creek watershed district, were present to discuss their report on the drainage proposal for the Glen Road/County Road #19 area. Mr. Mahady pointed out the 87 acre area included in this study. They reviewed soil types, land use, flow direction, current drainage and existing drainage pipes. He held a meeting with the primary land owners within the project to explain the project. A written report was submitted to the Council. Council reviewed the report and clarified ponding area questions, financing figures, and methods of funding. Mr. Ecoff has been given approval of his drainage proposal for pond- ing on his property but was delaying for a better resolution for the drainage area. Stover suggested that a joint meeting be held with Tonka Bay to discuss this proposal, also she would like to have law and methods researched on method of payment for drainage projects. Mr. Lehman responded to questions regarding current board members, operations and controls, and contracted services. Mr. Lehman stat- ed that legal and engineer services were contracted and that there was no paid staff. He encouraged the City to adopt a "storm water management plan that would comply to the current watershed regula- tions. Rascop had him review the procedures of obtaining permits from the watershed through Hickok and Assoc. The Council thanked Mr. Mahady and Mr. Lehman for their time to attend and explain the proposed project. SET PUBLIC HEARING TO VACATE UTILITY EASEMENT SWEETWATER AT NEAR MOUNTAIN RESOLUTION # 68-88 Lundgren Bros. Construction has requested a public hearing be set to vacate utility easements between Lots 1 & 2 of Sweetwater at Near Mountain in order to combine these Lots for an improved building site. Stover moved, seconded by Gagne, to set a public hearing to vacate the utility easement, on July 25, 1988. Motion carried - 5 ayes by Roll call Vote. -6- ~ . . . MINUTES - MONDAY, JUNE 27, 1988 PAGE 7 ATTORNEYS REPORT Division Street Rezoning Denial Rfl Resolution #69-88 Froberg submitted Findings of Fact denying the rezoning request for Division Street. Haugen moved, seconded by Gagne, to accept the Findings of Fact and support the ResoL of denial. Motion carried - 5 ayes by Roll call Vote. (2(Z Opposition to Move Court Site Resolution # 70-88 Q Froberg requested support in opposing the Court location for City hearings to be moved to downtown Minneapolis location. Rascop moved, seconded by Haugen, to pass a Resol opposing the relocation of Court site to downtown Minneapolis. Motion carried - 5 ayes by Roll call Vote. ENGINEERS REPORT Munn Blacktopping Complaint Engineer Norton has been in contact with an employee of Munn 0~ Blacktopping and has ~quest:ed repairs to the 1987 sealcoating V'- project. Munn is to get back to him. He will notify Munn's bonding company by certified mail, of the replacement work to be completed prior to any final approval of payment to Munn. PLANNERS REPORT Arvidson Dock Status The DNR did not put a time limitation on the removal of the Arvidson Dock as requested by the City. Arvidson has agreed to cut down the retaining and add rip trapping. The DNR will give him 15 days to comply. ADMINISTRATIVE REPORT Comparahle Worth Stu9Y The study should be submitted to the Council next month. The report has cost $1,300.00 to date. Election Day Liquor Sale Vogt confirmed that no action by the Council to close the Liquor Store or Sales will allow sales by state statue. Council took no action to not allow liquor sales. Finance Director Appointment Procedure Vogt received 43 applications by the June 20th final acceptance date. Stover suggested contacting other local finance directors -7- . . . MINUTES - MONDAY, JUNE 27, 1988 PAGE 8 ADMINISTRATIVE REPORT - Continued Finance Director Appointment Procedure to review applications to determine which applicants are qualified. Council would also like to review applications. Gagne moved, seconded by Stover, to obtain financial directors to review applications. Motion carried - 5 ayes. Council directed Vogt to interview the final 8 or 9 applications and narrow it down to 4 for interviews in front of the Council and financial directors in mid July. Equity Sharing Meeting Council recommended setting a joint equity sharing meeting for July 20th with the other Cities involved in the police depart- ment building. Ground breaking is set for July 7, at 10:00 A.M.. City Hall Expansion Final Payment Approval Staff recommended final payment to Zastron-Nasset Construction subject to final inspection, of $6,584.65. The total project cost came to $149,903.36. Gagne moved, seconded by Haugen, to approve payment of $6,584.65 subject to acceptance of the final inspection. Motion carried - 5 ayes. MAYOR AND COUNCIL REPORTS LMCD The Met Council's system committee has looked favorably upon their report and feel that the LMCD should be handling the management of Lake Minnetonka. Staff Policy Council directed that one person in each department should be in the office at all times during standard working hours. Finance Department Council questioned the operation of the finance department. Vogt stated that Jean Sorenson is completing all functions including journal entries and information for the financial statements, temporary help is assisting with typing and bill payments, and he is doing the investments. Maiser is spending very little additional time. Stover would support a consultant to do investment if needed. -8- MINUTES - MONDAY, JUNE 27, 1988 PAGE 9 ~ MAYOR AND COUNCIL REPORTS - Continued Recycling Drop off Area Complaint Gagne would like to see the area around the paper bin at the Shorewood Shopping Center cleaned up. The area has gotten junky since SuperCycle has started using that site to pick up other recyclahles. Public Works Department An unsubstantiated report was received that private work was being done during regular working hours by the public works director. Gagne and Vogt will meet with Mr. Zdrazil to discuss this matter. EXECUTIVE SESSION Council went into executive session to discuss litigation regarding Lot 11, Radisson Inn Addn. ADJOURNMENT . Haugen moved, seconded by Brancel, to adjourn the Regular Council meeting of June 27, 1988 subject to approval of claims for payment at 11:58 P.M.. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - Acct No. 00-00166-02 Checks # 053232-053313 General $ 108,755.87 Liquor $ 36,796.89 Payroll Checklist: Checks # 202214-202248 $ 7,209.96 $ 3,035.28 $ 39,832.17 Total $ 115,965.83 RESPECTFULLY SUBMITTED, 7 dUJ- ~~ 'Robert Rascop, M yor Sandra L. Kennelly City Clerk . -9-