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080982 CC Reg Min tit . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 9, 1982 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:37 P.M. on Monday, August 9, 1982 in the Council Chambers. PLEDGE OF ALLEGIANCE & PRAYER The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor Rascop, Councilmembers Shaw, Gagne, and Haugen. Leonardo absent. Staff: Attorney Larson, Engineer Frigaard, Administrator Uhrhammer, an~ Clerk Kennelly. APPROVAL OF ,MINUTES MovedcbyGagne, seconded by Haugen, to approve the final draft of the July 2&, Council Minutes. Motion carried. Haugen moved, seconded by Gagne, to approve the minutes of the Special Council Meeting of July 27, 1982. Motion carried. MATTERS FROM THE FLOOR Ron Abresch ~ Diseased Elm Ron Abresch of 25985 Smithtown Road would like the diseased elm tree removed that is on the railroad right-of-way adjacent to his property. A~dnistrator to contact the County to allow Mr. Abresch to remove the tree himself. Exhibition Driving Chief Johnson explained the purpose for the Exhibition Driving Ordi- nance. This Ordinance would provide an alternative charge, other than wreckless or careless driving, for a violation that would not endanger life or property. This would be a petty misdemeanor charge and would be more effective than a warning violation. Gagne moved, seconded by Rascop, to direct the Attorney to draw an Exhibition Driving Ordinance for the Council to review. Motion carrie,d. PUBLIC HE1\.;::.ING - DEIKEL SIMPLE DIVISION Attorney tz, representing Mr. Diekel, presented a proposal for a simple di sian with variances. Public Hearing was opened at 8:00 P.M. The simple vision will contain 2 lots, approximately 2~ acres with the existing dwelling needing a road frontage variance and a 6 acre residue lot with 100 to 180 feet of lake frontage. Rascop indicated the Planning Commission objection to 100' of lakefront for the 6 acre parcel. No public comment was presented and the public portion of the Public Hearing was closed at 8:12 P.M. tit Shaw moved, seconded by Haugen, to approve the division subject to: e e e Regular Council Meeting - 2 - August 9, 1982 Deike! Public.Hearing(Contirtued) 1. The previously approved plat for the Bay Park Addition should be considered a re-subdivision sketch and recorded with the lot division. It will then be used as a guide for any future re-subdivision. 2. Any future re-subdivision of the southerly parcel will be done as a formal plat. 3. The southerly parcel should not be divided until the private road has been dedicated and improved. It should be noted that the road should be extended as shown on the previous plat. 4. Drainage and utility easements should be provided along the borders of the northerly parcel. 5. Residue 6 acre parcel to contain 180' of lakeshore. The recommended conditions should be specifically stated and recorded with the County so that any future owners are aware of them. The request and this report should,be subject to review and comment by the City Attorney and City Engineer. Mrs. Deikel's attorney objected to the 180' lakeshore frontage. Shaw and Haugen withdrew point #5. Shaw moved, seconded by Haugen to approve the division concept to include above items 1 through 4. 5. Residue 6 acre lot to contain 120' or more of lake frontage. "'-------....... . Also to submit the final plan to the council for approval Motion carried unanimously. MINNETONKA '. STATE BANK' -Review' of . New :&~Site Design Amendment to Conditional Use Permit RESOLUTION NO. 63-82 Bob McDougall, BobWetse, and Jim Grover of the Minnetonka State Bank presented a site plan change for the construction of the new bank build- ing. The bank was able to acquire permanent easement to some additional land. This additional land will omit point #2 of .the Conditional Use Permit listed in Resolution #70-81. Rascop moved, seconded by Haugen, to approve the amendment to the Con- ditional Use Permit and instructed the permanent easement to be regis- tered with the building permit when it is issued. Roll call vote - 4 ayes. Carried. LOT COMBINATION REQUEST - AMERICAN'LEGIONPOST #259 RESOLUTION NO 64-82 Request was made by Paul Christensen, representing the American Legion and the adjoining property owner, Horace Murfin, to divide off 18' from the Murfin property and combine it with the American Legion property located at 24450 Smithtown Road. Council reviewed the Ordinance and with legal advice determined that this complies with the Ordinance. Shaw moved, seconded by Haugen, to approve the division and combination of 18' additional feet to be combined with the American Legion property. . Roll call vote - 4 .Ayes - Carried. e - e Regular Council Meeting - 3 - August 9, 1982 NEAR MOUNTAIN SUBDIVISION -CONCEPT DIRECTION Mike and Peter Pflaum asked the City Council if they would float the bonds necessary to install the utilities in the Near Mountain project and assess the cost back to the project. Pflaum would like the cost of the well assessed to the entire project with a long assessment pay- back period and the various other improvements assessed to the first phases with a shorter pay-back period. Rascop had concerns about the cost of maintenance to the City that may exceed the revenues received until the project is developed enoug:h to be cost self-sufficient. He asked Mr. Pflaum if he would be willing to help subsidize these costs until enough construction was completed to cover cost. Mr. Pflaum would like estimated operating cost figures before discussing this further. Mr. Pflaum would like some consideration due to the suggested size of the well to be installed. He felt a pay back fee should be used for any resident hooking up to this well, that was not a part of this pro- ject. The Administrator will review aItd SUbluit some possible solutions. Council agreed to bond for the utility cost and re-assess to the property at the request of the developer. GAMBLING ORDINANCE - 3rd READING ORDINANCK# l3J Council reviewed the 3rd draft of the proposed Gambling Ordinance. Gagne motioned, seconded by Rascop, to adopt the Ordinance as written. Roll call vote - Shaw - passed; Gagne - aye; Rascop - aye; Haugen - aye; Shaw - aye. Ordinance was adopted unanimously. PLANNING COMMISSION Kristi Stover informed Council of the September 7th Public Hearing date set for the "Crepeau" Zoning District Change. PARK COMMISSION Roger Stein reported on the "Signing" of the Shorewood Parks and the discussion regarding the soft ball field out-field signs. League will be attending the meeting of August 16th to determine how to regulate these signs. ATTORNEY'S REPORT Rascop inquired to the status of the R. R. Johnson litigation. Trial date was scheduled for September 13, 1982 but when the calendar came out it was not listed. Attorney Larson notified court but has not received a response. Civil action can be started so an injunction can be obtained. Council asked Attorney to contact the Judge and re- quest a special date for trial. All complaints should be referred in person to the Attorney's office. Council questioned the legality of voting "NO" to Cable T.V. and then joining another Cable T.V. area system. Administrator will find out costs and the feasibility to do so and they will report back to the Council at a later date. Question on the status of Enchanted Point Road will be answered when the Attorney can investigate records at the County for determination. Regular Council Meeting - 4 - August 9, 1982 e Council directed the Administrator to write a letter to Dan Austin regarding the blocking of a culvert on his property, directing him not to plug that culvert. Request an extra copy of letter for his attorney. ENGINEER'S REPORT RESOLUTION NO. 65-82 Engineer Frigaard submitted a suggested list of roads to be seal coat~d and requested the Council to approve Project 82-ST-l and authorize him to advertise for bids to be let on August 23rd. If the bids come in lower than anticipated the project will be extended to use up all the allocated road money. Gagne moved, seconded by Haugen, to approve Project 82-ST-l and authorize the advertisement for August 23rd bid opening. Motion carried unanimously BADGER FIELDPUMPHOUSE RESOLUTION NO. 66-82 Moved by Rascop, seconded by Shaw, to approve the final payment to the A&K Construction Company upon receipt of State Form 134 and lien wavers. Motion carried unanimously. AMESBURY WEST CHANGE ORDER RESOLUTION NO. 67-82 Engineer Frigaard submitted a request for a change order and recommend- ed approval. Haugen moved, seconded by Gagne, to approve change order #3 for Project #80-3. Motion carried unanimously. e AMESBURY WEST CHANGE ORDER RESOLUTION NO. 68-82 Voucher #5, including change order #3, was recommended by payment to Richard Knutson Inc. for Project #80-3. Rascop moved, seconded by Haugen, to approve paymen~ of Voucher #5. Motion carried unanimously. ALBITZ ADDITION- SEWER ACCEPTANCE Engineer Frigaard requested the Council to formally accept the sewer extension in the Albitz Addition. After discussion regarding the road placement and completion of necessary rip-rapping, Haugen recommended tabling the acceptance of the sewer improvement until developer can be notified of requirements necessary to complete access road to project. ADMINISTRATa:NE. _REP,ORT Responses to One-Way Streets Comments from Bob Reutiman, Gene Clapp, and Chuck Latterner were ex- pressed in opposition to the one-way of Lake Linden Drive and Country Club Road. A signed petition in opposition was also submitted to the Council by Mr. Reutiman. Mayor Rascop tabled any action until August 23rd Council Meeting when the entire Council can be present. -- e e e Regular Council Minutes - 5 - August 9, 1982 GOOSE PROBLEMS Health officers inspected the area on Timber Lane where there is a high concentration of geese. He felt there was no health damage in- volved. Administrator will contact the Game and Wildlife Department and request them to remove the geese. FUEHLING DOCK - TIMBER LANE A letter directed to the assessor was received requesting the installa- tion of a dock on Timber Lane. Mr. Fuehling, owner of a double bungalow on Smithtown Road. The dock has already been installed. Council directed the Administrator to notify them to remove the dock because it does not comply with the City Ordinance. MAYOR'S REPORT Police Contract Rascoptabled discussion of the police contract until a complete Council will be in attendance. COUNCIL REPORT Request was made by the Amesbury Association to be allowed to fill the wild life pond with city water. Council denied request. Building inspector was complemented for his efficient job effort. Gagne questioned why the inspector was taking a city truck home. The Administrator will clarify use with Mr. Miller. APPROVAL OF ClA.IMS AND ADJ:OURNMENT Moved by Rascop, seconded by Haugen, to approve the claims for payment to be followed by adjournment at 11:30 P.M. Motion carried unanimously. General Fund - [00166] Checks 25849 - 25924 = Liquor Fund [00174] " 9128 - 9170 $118,913.34 40,330.32 Respectfully submitted, Sandra L. Kennelly, Clerk ;f~ ~~ Mayor