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100680 CC Reg Min ..... I I I CITY OF SHOREWOOD REGUlAR COUNCIL MEETING OCTOBER 6, 1980 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER: The last regular meeting of the Shorewood City Council was called by the Mayor at 7:35 P.M. on October 6, 1980 in the Council Chambers. PI.EIX;E OF ALLEGIANCE AND PRAYER: Meeting opened with the Pledge of Allegiance and Prayer. ROLL CALL: Council members present: Mayor Frazier, Keeler, Naegele, Haugen, and Shaw. Staff present: Engineer Norton, Planner Dave Licht, Attorney Kelly, and Clerk Wiltsey. APPROVAL OF MINUTES: t-bved by Naegele, seconded by Haugen, to approve the minutes subject to the following additions and corrections: 1. Addition of 10:30 as the completion time of the P.U.D review. 2. Motion to table on property division, p. 3, should read, because of - "a lack of infonnation and planners review". Motion carried unanimously. P.U.D. ORDINANCE ,- AMENIMENT TO ORDINANCE NO. 77: ORDINANCE NO. 122 Planner Dave Licht further answered questions from the Council to fully explain the provisions of the final draft of the P.U.D. Ordinance which now included all those changes made by the Council at the last Council Meeting (refer to Planner's buff-colored copy - 10/6/80). After answering all the questions raised by the Council, motion was made by Haugen, seconded by Naegele to adopt the Ordinance as subnitted. Discussion followed including questions from the floor. On roll call vote, the Ordinance was adopted by a unanimous vote. PUBLIC HEARING - SPECIAL ASSESSMENTS ROLL, TREE REMOVAL, DELINQJENT SEWER, AND WATER CHARGES: RESOLUTION NO. 61-80, RESOLUTION NO. 62-80 RESOLUTION NO. 63-80 LEVY NO. 7924 LEVY NO. 7925 LEVY NO. 7926 Pursuant to published notice, a public hearing was called to approve the assess- ment roll for 1981 on tree removal charges, delinquent sewer and water charges, and other delinquent charges. There were no registered complaints. t-bved by Keeler, seconded by Haugen, to close the public hearing and to approve Resolutions, numbered 61-80, 62-80, 63':"'80, covered by Levy Nos. 7924, 7925, and 7926, approving the assessment rolls as subnitted, and to authorize the clerk to certify said rolls and submit to the Hennepin County Finance Division for collection. Motion carried unanimously. # I I I "'- , REGULAR COUNCIL MEETING -2- OCTOBER 6, 1980 PAUL ALBITZ - DIVISION PROPOSAL OF, LOr 1, BLOCK 1, ENCHANTED ISlAND: Paul Albitz appeared before the Council to request di:rection as to the proce- clUre to follow on application for diV1s~on of his property, Lot 1, Block 1, Enchanted Gardens. The attorney explained his memo, dated October 15, 1979, - that he should make new application for a long form subdivision (requesting a lot size variance rather than the short form metes and botmds (description). Council indicated that he should have the right to file a preliminary plat on the long form and be heard by the Planning Comnission again. SMI'IH DIVISION: Mr. Ed Smith of 27944 Smithtown Road, P.I.D. 31-117-23-34-0022, appeared before the Council requesting a refund of the $200.00 division fee, deposited with the City with his application for division of parcel intot1f\U lots. The survey received from his surveyor on September 26, 1980 indicated 44,400 square feet of wetlands, which left only 47,750 square feet with the existing parceL Moved by Frazier, seconded by Naegele, to approve a refund of $150.00 with $50.00 to cover the City Engineer's costs. Motion carried unanimously. CITIZEN'S. REPRESENTATIVE -.CDBG: Moved by Haugen, seconded by Shaw, to authorize the Mayor and Clerk to make the appointment of a citizen to represent Shore1f\UOd to serve on the Citizen's Advisory CoIm1i-t~eeto-pa-r'tiGi.pate in the developnent and review of the Urban Hennepin County Corrmtmity Development Block Grant Application for Year VII funds. t-btion carried unanimously. BUILDING PERMIT - NEW SIGN - WARNERS H.AROOARE: t-bved by Naegele, secorided by Shaw, to approve the building permit for the new sign at Warners Hardware in accordance with the plan submitted. Motion carried unanimously. BOULDER AND STREET SIGN.,.. IDLEWILD PA'IH AND RUSTIC WAY: Mary Marske appeared before the Council alerting the Council of a potential hazard at intersection of Idlewild Path and Rustic Way - due to the recent placement of the boulders and sign replacement on the right-of-way. Haugen stated that she had viewed the situation and concurred. Moved by Haugen, seconded by Keeler, to get recoomendation from the police on placement of the stop sign and that the City road crew be instructed to relocate the street sign to its original location and to remove the boulders from the road right-of- way by the next Council Meeting. Motion carried unanimously. ENGINEER'S REPORT: Moved by Keeler, seconded by Naegele, to approve Change Order No.1, to Bergerson-Caswell, on Project 79WW-2, as reconmended by the engineer. Motion carried. Frazier, Keeler, Naegele, Haugen voted aye; Shaw abstained. The Shorewood office has had nunerous requests from Excelsior to make applica- tion to permit connection of the sewer line from Wild Duck III Addition, into the old Tanka Bay sewer line. Attorney Kelly informed the Council that this line was purchased by Metro Sewer and that any permit needed should come from Metro Sewer. Moved by Haugen, seconded by Keeler, that a response be made to Excelsior based on the information as explained by Mr. Kelly. Motion carried unanimously. .' '*" # I , I . , REGULAR COUNCIL -3- OCTOBER 6, 1980 ATHLETIC ASSOCIATION CONTRACTS - SECOND READING: ORDINANCE NO. 123 Moved by Shaw, seconded by Keeler, to adopt an ordinance authorizing the City Council to enter into contracts with Athletic Associations for specific dates and times of use of City Park Facilities. MotiOir~rrted unanimously, and Ordinance declared adopted. PARK USE CONTRACTS: Clerk reported that to date the MAA had neither returned the agreements nor complied with the tenns of the agreements as to insurance, fees, schedules, etc. for the use of the field. Moved by Frazier, seconded by Haugen, to - instruct the Minnetonka Athletic Association that they must have a signed agreement and comply with the tenns of the agreement before any further games are conducted on the field. Motion carried on 4 to 1 vote: Keeler voLeu nay. L dOLW-1 :;.~, POLICY ON EASEMENTS - PROJECT ~-l: () RESOLUTION NO. 65-80 ";' Moved by Haugen, seconded by Keeler, to approve a resolution setting the fees and for procuring easements authorizing the attorney to obtain the necessary easements accordingly. Motion carried unanimously. f' , . ~,) i\ r :~ " TAX LEVY LIMIT - 1980-81: RESOLUTION NO. 64-80 Moved by Keeler, seconded by Shaw, to adopt a resolution adopting the Tax Levy Limit of 361,872. plus special levies of 116,789. for a total of 478,661. to be levied for general tax purposes on property taxes payable in 1981. Motion carried unanimously. HeME OCCUPATIONS: Discussed the Planning Conmission' s minutes relative to ''Home Occupations." As to the request for a joint meeting on th~ matter, no agreement was reached. POLLING. PlACE -.. PRECINCT IV: The Clerk infonned the Council that Mr. Rascop has filed for City Councilman in the general election and the polling place was at his home in the September Pr~ry. Moved by Haugen, seconded by Shaw, to follow lhe aLLoTIley' 1::) rel;OIIl- mendation to designate a new polling place for Precinct IV if Robert Rascop is on the ballot as a candidate for election to the Council; and further to authorize the Clerk to locate a new polling place within Precinct IV if possible, and to approve the polling locations for Precincts 1, 2, and 3 as already established, and further to post notices accordingly. Motion carried unanimously. APPROVAL OF ClAIMS AND. AllJOURNMENT: Moved by Haugen, seconded by Shaw, to approve the claims for payment as reconmended by the Clerk, to be followed by adjounnneIlt: From the General Fund (Checks No. 22896 through 22986 ): From the Liquor Fund (Checks No. 6973 through 7041 ) : $ 82,980.87 $ 40,824.51 Motion carried unanimously. Meeting adjourned at 12:30 A.M. Respectfully submitted, Elsa I. Wiltsey, Clerk