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031086 CC Reg AgP 4 CITY ~ S110REWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 10, 1986 CALL TO ORDER I COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGE N D A A. Pledge of Allegiance and Prayer B. Roll Call 1. APPROVAL OF MINUTES Mayor Gagne ~ Rascop . .. Haugen Shaw \ Stover :/ A. Regular Council Minutes - February 24, 1986 (Att #1 - Minutes) 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSSION REPORT A. B. 4. PARK COMMISSION REPORT A. B. 5. CONSENT AGENDA A. Appointment of Park Commission member Michael Jurgens - 5535 Shorewood Lane B. Finance Committee John Bridge Maria Malooly Steve Frazier ~/~~ G c~~'~ '-f ~'P Moved Seconded Vote Reappointments Kathy Amlaw Kitty Francen r1-~~l~ p-~~ () ,~ 1 .. COUNCIL AGENDA MONDAY, MARCH 10, 1986 page two 7:45 PM ~ PUBLIC HEARING - 7:45 PM Use of CDBG Funds - Year XII ~ HERITAGE RESIDENCE - DISCUSSION OF WATER ~ ENGINEER'S REPORT A. SE Area Trunk Water System Status Report B. I ATTORNEY'S REPORT A. B. ;I. ADMINISTRATIVE REPORTS // Public Works Union -Unit Clarification Assistant Public Works Director - Recommendation B. Informational Items ~ Tingewood Pr0ject Letter (will appear at March 24, 1986 meeting) (Att.#lO B 1 - Tingewood Letter) / ~ ;to y ~ t South Lake Minnetonka Public Safety Department Letter from Excelsior City Manager Cable Commission Program Plans Waterford Construction Site Fatality/Injury Lawsuits Minnehaha Creek Watershed District - Maintenance Fund Request MnDOT Plans for Highway '7 Christmas Lake Access plans (Starting review and comment process for April 14 Council meeting) CITY OF, SHOREWO" j. . .' . REGULAR COUNCIL MEETING MONDAY, FEBRUARY 24, 1986 ~~CIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Mayor Rascop called the Regular Council meeting of Monday, February 24, 1986, to order at 7:30 P.M. in the City Council Chambers. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Haugen and Shaw Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt and Clerk Kennelly. APPROVAL OF MINUTES Stover moved, seconded by Gagne, to approve the second draft of the minutes of February 10, 1986 as written. Motion carried unanimously. PLANNING COMMISSION REPORT Stover referred to the Planning Commission meeting of February 18, 1986. The items discussed were a simple subdivision with a lot width variance for Alan Yelsey at 5485 Grant Lorenz Road and further discussion of the Interim Zoning Ordinance. PARK COMMISSION REPORT Shaw reported on the Park Commission meeting at this time. The Commission made recommendations for the Snowmobile Ordinance. 1. They recommend a 20 MPH speed limit and no curfew times listed. 2. They also recommended approval of the noise test as requested. Sh~w moved, seconded by Haugen, to approve and to proceed with the nOlse test along the trail to be done by the Southwest Trail Association as they requested. Motion carried. COUNCIL MINUTES~ MONDAY, FEBRUARY 24, 1986 page two ~ PARK COMMISSION REPORT - continued ORDINANCE NO. 178 Shaw moved, seconded by Gagne, to amend the Snowmobile Ordinance to include a 20 MPH speed limit along the trail system and to exclude further discussion on the curfew time limits. Ordinance amended by Roll Call Vote - 3 ayes to 2 nays (Stover and Haugen). The Council received comments from Jeff Hanson, President of the Southwest Trail Association, stating that he felt the current Ordinance needs further refinement to include a curfew and try to create an Ordinance that can be enforceable. Rascop would like the Park Commission to refine this Ordinance this summer in order to enact prior to the next snowmobile season. CONSENT AGENDA APPROVAL 1986 Kennel License Approval - Don Goettelman Haugen moved, seconded by Shaw, to approve the 1986 Kennel License to Don Goettelman of 6170 Cardinal Drive. Motion carried unanimously - 5 ayes. SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE RESOLUTION NO. 15-86 ALAN YELSEY-54e5 GRANT LORENZ ROAD Mr. Alan Yelsey was present to respond to questions of the Council regarding his request for a simple subdivision with a lot width variance. Gagne moved, seconded by Stover, to approve the subdivision to include a lot width variance to 100' for each lot, and subject to the Planner's recommendation dated February 10. 1986, with changes on Item #4 allowing a one (1) year tbme limit for removal of exist- ing garages, as recommended by the Planning Commission. Motion was approved by Roll Call Vote - 5 ayes. GARBAGE COLLECTION ALTERNATIVE PLANS Administrator Vogt reviewed his report on various types of garbage removal services that could be used. Basically, Contracted service is where the City would contract directly with haulers for various designated areas of the City at a set price with the City billing its residents for service; a Franchising, where the City would issue a franchise to a hauler for a certain district, the hauler would then have the responsibility of billing and collection. Gagne moved, seconded by Haugen, to direct staff to draft an Ordinance for controlling garbage collection and set up a work session with the haulers to discuss requirements of that Ordinance and set up four (4) districting areas~ Motion carried - 3 ayes - 2 nays (Stover and Shaw). A COUNCIL MINUTES ~ MONDAY, FEBRUARY 24, 1986 page three . GARBAGE COLLECTION ALTERNATIVE PLANS - continued Hauler Bill Wrede, stated his opposition to the proposed contracting per districts. He feels only the larger haulers will get the contracts. He does not want to lose his current clients. He would be willing to comply with the 4 Ton weight restriction for hauling in order to alleviate the road damages caused by the heavy garbage trucks. Gagne stated that the haulers had not agreed to the 4 Ton restriction so the contacted districting method was created. Mrs. Vogel asked if all residents would be billed for service even if they weren't currently using a hauling service. Rascop stated that there is a current Ordinance in effect requiring garbage re- moval and that all residents would receive service and be billed for that service. He felt that the cost for service should be less for the larger areas contracted. Stover felt that free enter- prise keeps the cost down. Staff will proceed with refining the specifics of the Ordinance with the area haulers. SEASONAL WEIGHT RESTRICTION ORDINANCE NO. 179 Administrator Vogt submitted a new Weight Restriction Ordinance with a list of major connector streets and streets designed to handle heavier loads as exemptions listed from the seasonal weight restriction Ordinance. He indicated that he has received comments from various developers indicating that the current Ordinance will close down their building from March 1st to May 1st. Gagne moved, seconded by Haugen, to amend the current Ordinance 163 by adding the list of exempted streets as listed in the draft Ordinance. After further discussion, Haugen offered an amendment to omit the list from the Ordinance and require permits to be issued per job site listing all streets used to get to that site. Shaw opposes the method of exempted streets by Ordinance. Developer Tom Wartman feels there should be some flexibility within the Ordi- nance to allow the continuation of building during the weight restriction season. Gagne reaffirmed his motion, seconded by Haugen, to amend the current Ordinance #163 by adding the exempted street list. Motion denied - 3 nays - 2 ayes (Gagne and Haugen). Shaw moved, seconded by Gagne, to reconsider the draft Ordinance. Reconsideration carried - 5 ayes. Haugen moved to add amendment to issue permits after review by the Public Works Director and include "any vehicles" within Section #4. Amendment accepted by Roll Call Vote - 3 ayes to 2 nays (Shaw and Rascop) . COUNCIL MINUTES~ FEBRUARY 24, 1986 page four ~ SEASONAL WEIGHT RESTRICTION - continued Haugen moved, seconded by Stover, to add a one (1) year limitation to this Ordinance to expire February 24, 1987. MOtion carried - 5 ayes. PLANNERS REPORT Christmas Lake Access Proposal Planner Nielsen reviewed for the Council a letter he sent to the President of the Christmas Lake Association explaining the various steps necessary to approve the proposed site for a public access. He explained the run off and drainage plan and estimated a cost of $8000 a year in maintenance to the City for the upkeep of the access. The DNR would participate in the maintenance of the boat ramp. Fire Lane Designation A request has been received from the Fire Marshall to have the City designate fire lanes on sites on the following properties: Minnewashta School, Sullivan Center, Shorewood Shopping Center, and Our Savior's Lutheran School. ... \ / /,. /)" ...... c:-f Shaw moved, seconded by Gagne, to d~6;~ a~~~8st-~&-:t~"determine wha.t-au-thorization is necessary to obtain a fire lane use on the four (4) areas listed. Motion carried - 4- ayc8 1 Ilo.Y ( Haugen) . ...,6.') ..r (V<i Ii \/ _ c:: - ,1 [) -....J Ct--<-{f..o Interim Zoning Ordinance Report Reports on the Interim Ordinance changes were submitted for review on Shady Island Zoning and Lakeshore Setbacks. ENGINEER'S REPORT SE Area Trunk Water Status Report A meeting was held this morning with the Developers requesting municipal water service in the SE area of the City. At this time three Developers have signed petitions accepting the assess- ments for that improvement. The final Developer, Near Mountain, has not signed the petition. Council will act on the Resolution for authorization to prepare plans and specifications when the signed petitions have all been received. Executive Session - City Hall Litigation . . COUNCIL MINUTES FEBRUARY 24, 1986 page five ATTORNEY'S REPORT Vine Hill Furniture Code Violation The violation has been turned over to the prosecutor for a formal complaint to be filed. Bond Counsel Appointment Attorney Froberg recommended appointing Curtis A. Pearson, of Wurst, Pearson, Hamilton, Larson and Underwood, as Bond Counsel for the SE Area Trunk Water System project. Gagne so moved, seconded by Stover. Motion carried unanimously - 5 ayes. ADMINISTRATOR'S REPORTS Corridor Study Meeting Vogt attended the last meeting on the Corridor study where an Enginnering Contractor was selected. A joint meeting has been scheduled for April 2, 1986, at 7:00 P.M. This meeting includes all Councils, Commissions, schools, businesses and contractors involved in the study area. Garbage Collectors Licensing RESOLUTION NO. 16-86 Administrator Vogt and Attorney Froberg recommended establish- ing the fee of $30.00 for licensing garbage haulers as required by Ordinance #176. Gagne moved, seconded by Haugen, to set by Resolution a $30.00 fee for the Garbage Hauler Licensing fee. Motion carried by Roll Call Vote - 5 ayes. Murfin Property Update A letter dated February 11, 1986 was received by Horace Murfin regarding a payment schedule that he would accept regarding the proposed purchase of his property adjacent to the City Garage. Rascop directed the Administrator to respond thanking him for his proposal, but denying the offer due to lack of City funds for land acquisition. COUNCIL MINUTE~ FEBRUARY 24, 1986 page six . MAYOR'S REPORT Volunteers of America Week RESOLUTION NO. 17-86 A request from James Hogie of Volunteers of America to support in recognizing the Week of March 2 - 9 as Volunteers of America Week. Rascopmoved, seconded by Haugen, to pass a Resolution in support of Volunteers of America Week. Motion passed by Roll Call Vote _ 5 ayes. Task Force Meeting Mayor Rascop reported that at the last Task Force meeting it was determined that the Kings Point access area would not be developed. They did feel that accesses were needed in Zones 3 and 5, Zone 3 being the Gideons Bay area. LMCD The LMCD has passed a 2 boat per residence restriction. A "No fishing contest" rule will be brought up at a meeting on February 26, 1986 at Tonka Bay City Hall. COUNCIL REPORTS Finance Committee Appointments Stover reported that the Finance Committee would like to have the Administrator attend their next meeting in order to obtain additional budget information. It is also necessary according to the by-laws to re-appoint the committee at this time. Council directed the staff to ask the members of their interest in reappointment. Cable Commission Appointment Gagne requested to resign from the Cable Commission due to his inability to attend 5:00 P.M. meetings. Haugen moved, seconded by Gagne, to appoint Shaw as Gagne's replacement on the Cable Commission. Motion carried. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Stover, to adjourn the Regular Council ~-meeting of February 24, 1986 at 10:45 P.M. subject to approval of claims and after an executive~eetingfor the purpose of discussing a personnel matter. Motion carried unanimously - 5 ayes. CHECK NO 31738 31739 31740 31741 31742 31743 31744 31745 31746 31747 31748 31749 31750 31751 31752 31753 31754 31755 31756 31757 31758 31759 31760 31761 31762 31763 31764 31765 31766 31767 31768 31769 31770 31771 31772 31773 31774 31775 31776 31777 31778 31779 31780 31781 31782 31783 31784 31785 31786 . . GENERAL FUND - BILLS PAID SINCE FEBRUARY 19, 1986 TO WHOM PAID The Minnetonka Bank Commissioner of Revenue ICMA Retirement Corp. City County Credit Union Howard Stark Itn'l Institute - Clerks League of MN Cities City of Minnetonka A & G Electric Albinson AT&T Information Systems Driskill's Rolf E.A. Erickson Exide Battery Co. Labor Relations Assoc. H.C. Mayer & Sons, Inc. Metropolitan Waste Ctrl Minnegasco Minnesota Mutual Life National Chemsearch NSP NWB Perry's Truck Repair Physicians Health Plan Red Wing's Mobil Service SLMPSD Waste Management - Savage West Henn. Human Servo Void void League of MN Cities Bradley J. Nielsen Tom Wartman Metropolitan Waste Ctrl. Void Bradley J. Nielsen Bradley J. Nielsen U of M U.S. Postmaster Daniel J. Vogt Patricia R. Helgesen Martey Jakel Evelyn T. Beck White Bear Animal Ctrl Robert Rascop Jan Haugen Tad Shaw Robert Gagne Kristi Stover PURPOSE Feb. 15, '86 payroll - FWH " " " " - SWH " " " " - ICMA " " " " - Credit Union 80 hrs R - 6 OT - Vacation Check Membership - Kennelly, Niccum 7 Copies of Municipal Directory 4th Qtr Water Purchase - 1985 Lights & Wiring - Parks/Garage Planning Supplies Purchase of Phones Lunch for Council Mtg. Feb. '86 Assessing Fee Battery Union Discussions Regular/Diesel Fuel March '86 Sewer Service Garage, Badger Fld Pump March '86 Employee Life Rust stop City-Wide Electricity Telephone Service - City Hall/Garage Truck Repair March '86 Employee Health Ins. Tire Repair March '86 Contract/Court aT/Booking Feb. '86 Garbage Removal Annual Contribution for 1986 Void - Stop payment requested void 4 copies of Municipal Directory Mileage expense for Jan & Feb '86 Overpayment on Bldg Permit SAC Charges for Jan. '86 Void Lens for Camera/Tape rule 80 Hrs - Vacation Check MCFOA Conference Fee Refill of Postage Meter 80 hrs 80 hrs Mi leage Mileage Jan '86 Mayor's Council " - 34 miles & Conference Budget- Salary - March '86 Salary - March '86 " " " " " SUBTOTAL CONTINUED ON NEXT PAGE Charges Hse Ins. " " AMOUNT $ 1,630.89 719 . 94 263.00 42.00 608.10 72 .00 75.25 501.40 831.72 6.75 666.08 9.11 1,566.66 43.96 1,332.50 1,341.49 18,660.77 955.85 169.39 121. 32 922.36 351.70 472.90 2,321.77 6.50 24,453.90 74.00 582.00 0.00 0.00 43.00 82.50 60.00 1,410.75 0.00 146.98 718.16 90.00 500.00 857.68 527.61 7.14 45.59 572 . 08 150.00 100.00 100.00 100.00 100.00 $ 64,414.80 " " ..................................... . " " ~ . . GENERAL FUND - BILLS PAID SINCE FEBRUARY 19, 1986 CHECK NO TO WHOM PAID PURPOSE AMOUNT COMPUTER CHECK LIST 200136 Void Void 0.00 200137 Void Void 0.00 200138 Kennelly, Sandra L. 80 Hrs 611.49 200139 Niccum, Susan A. 80 hrs 450.44 200140 Beck, Evelyn T. 80 hrs 687.30 200141 Schwank1, Kathleen G. 80 hrs 463.86 200142 Void Void 0.00 200143 Void Void 0.00 200144 Davis, Charles S. 87.5 hrs 608.59 200145 Johnson, Dennis D. 86.5 hrs 636.24 200146 Randall, Daniel J. 85.5 hrs 636.00 200147 void void 0.00 200148 Weh1e, Ralph A. 85.5 hrs 557.16 200149 Zdrazil, Donald E. 80 hrs 780.17 200150 Jakel, Martey 54.5 hrs 233.16 200151 O'Neill, Christopher G. 46 hrs 195.50 200152 Schmidt, Michael G. 76.5 hrs 76.50 200153 Mabusth, Stuart W. 59 hrs 250.75 SUBTOTAL $ 6,187.16 GRANDTOTAL $ 70,601. 96 .. CHECK NO 4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 4404 4405 4406 4407 4408 4409 4410 4411 4412 4413 4414 4415 4416 4417 4418 4419 4420 4421 4422 4423 4424 4425 4426 . . LIQUOR FUND - BILLS PAID SINCE FEBRUARY 19, 1986 TO WHOM PAID Griggs, Cooper, & Co. BellBoy Corporation Eagle Distributing Co. G & K Services Intercontinental Pkg Co. Johnson Bros Wholesale Minnesota Victoria Oil co. MN Suburban Newspapers Nelson Enterprises Old Dutch Foods, Inc. Paustis & Sons Ed Phillips & Sons Co. Prior Wine Co. Quality Wine & Spirits Twin City Wine Co. Mn Mutual Life Physicians Health Plan A & G Electric City of Shorewood PERA Internal Revenue Service AT&T BellBoy Corporation Eagle Distributing Co. Grigg, Cooper & Co., Inc. Intercontinental Pkg Co. Johnson Bros. Wholesale Mn Bar Supply MN Suburban Newspapers NSP NWB Ed. Phillips & Sons Ryan Properties, Inc. Waste Management - Savage Harry Niemela Russell R. Marron COMPUTER PAYROLL LIST 200154 200155 200156 200157 200158 200159 200160 200161 200162 200163 200164 200165 Marron, Russell R. Nash, Robert F. Schmid, Christopher Tharals~n, Donald Thies, Stephen H. Thompson, John F. Josephson, William F. Latterner, Susan M. Maeger, Steven D. Meyer, Christopher J. Peterson, Stewart R. Young, Dean H. PURPOSE AMOUNT Liquor Purchases 2,483.95 Liquor Purchases 1,748.66 .. .. 2,894.61 Laundry Service 11.00 Wine Purchases 93.41 .. .. 519.91 Fuel Oil 140.25 Advertising 359.00 Jan Shipping Expense 80.00 Misc Purchases 25.79 Wine Purchases 124.48 Liquor/Wine Purchases 915.56 Wine Purchases 173.52 Liquor/Wine Purchases 638.60 Wine Purchases 168.06 March '86 Employee Life Ins 35.29 March '86 Employee Health Ins. 310.64 Repair Sign 138.00 Payroll Salaries & Deductions Feb '86 6,930.57 Susan Latterner - Omitted Ded. July '85 72.29 Muncipal Tax Stamp 2.12 Telephone Service 12.66 Liquor purchases 1,271.23 Liquor/Wine Purchases 1,287.45 Liquor Purchases 181.97 Wine Purchases 46.75 Liquor/Wine Purchases 404.56 Misc Purchases 101.75 Advertising 67.74 Utilities 246.73 Telephone Service 137.83 Wine/Liquor Purchases 945.19 March Rent/Fixture Improvements 1,715.00 Garbage Removal 118.00 March '86 Rent 882.50 Mileage - Feb '86 18.90 SUBTOTAL $ 25,303.97 80 hrs 12 hrs 33.5 hrs 28 hrs 24.5 hrs 15 hrs 80 hrs 36 hrs 57 hrs 37 hrs 10 hrs 80 hrs SUBTOTAL 438.03 54.60 121.35 122.13- 102.70 63.75 487.50 134.96 236.41 158.60 45.50 432.63 $ 2,398.16 TOTAL $ 27,702.13 . . NOl'ICE OF PUBUC HEARING cm OF SHORElrIOOD Notice is hereby given that Hennepin County and the City of "0 Shorewood, pursuant to Title I of the Housing and Community · Development Act. of 1974, as amended, are sponsoring a public." hearing on Monday, March 10, 1986, at 7:45 P.M., at the . Shorewood City Hall to obtain the views of citizens on -. local and Urban County housing and community development needs and to provide citizens with the opportunity to comment on the Urban Hennepin County Statement of Objectives/1986 and the City of Shorewood's proposed use of its Year XII Urban Hennepin County Community Development Block Grant planning allocation of $15,665. The City of Shorewood is proposing to fund the following activities with Year XII Urban Hennepin County CDBG funds starting July 1, 1986. l~~!!~!.!ll (Budg~!l $13,128 2,537 Rehab of Private Property South Shore Senior Center For additional information on proposed activities, level of funding and program objectives contact the City of Shorewood, 474-3236, 5755 Country Club Road, Shorewood, Mn, 55331. The public hearing is being held in accord with the Urban Hennepin Coun~y Joint Cooperation Agreement pursuant to M.S., 471.59. Oral and written comments will be heard at that time. City of Shorewood Sandra Kennelly City Clerk To ba published February 27, 1986. -- (0 . . jiank of Jlinnrapolis anb ~rust (tCompanp 809 Nicollet Mall' Minneapolis, Minnesota 55402 Telephone: (612) 340-5500 February 19, 1986 Dear Honerable Mayor and Council Members: My name is James Harmsen and I am a Minnesota real estate broker and consultant. Mr. Erickson, the Bank of Minneapolis and Trust Company, and I have worked very hard to settle the Christmas Lake issue. Mr. Adrian Johnson is no longer involved in the project and Bob Erickson and I have taken over the project. The Bank of Minneapolis and Trust Company is helping with the financing. Since I am the new person involved in this project, and we are ready to move forward, I ask the City for its cooperation. We need the PUD status reinstated, and a favorable plan to complete development of the site. Your cooperation will help me see this project through. If you have any questions regarding the financial arrangement being provided by the Bank of Minenapolis, you may contact Mr. Worledge at 340-5530. ~- S~cerely yours, .:/ It ! !~~;.., / ~/ . 7'-'?'l-'JJ/t..t~ j;. . /1 , ~ames Harmsen 1 q~ftIt'4&;;~ Jgck C. Worledge . ~xecutive Vice President rjc / /J ' /:? . . u.- /-..r /