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101282 CC Reg Min e CITY OF SHOREWOOD REGULAR COUNCIL MEETING TUESDAY, OCTOBER 12" 1982 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M iTN UTE S CALL TO ORDER: The regular meeting of the Shorewood City Council was called to order by Mayor-Rascop at 7:30 P.M. on Tuesday, October 12, 1982 (Monday, Columbus Day) 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 Haugen, Shaw, Gagne and Leonardo (arrived at 7:54). Staff: Attorney Larson, Engineer Norton, Administrator Uhr- hammer and Clerk Kennelly. e APPROVAL OF MINUTES: Moved by Gagne, seconded by Haugen, to approve the minutes of Septem- ber 27, 1982 as written. Motion carried unanimously. Moved by Gagne, seconded by Shaw, to approve the minutes of October 4, 1982, (Special Meeting) as written. MATTERS FROM THE FLOOR: Marilynwood Subdivision Public Hearing Gene Clapp voiced a complaint in reference to a Public Hearing held at the last Planning Commission meeting. He felt the hear- ing should not have been held because the developer was not defi- nite in regards to his proposal. Also, he questions why the Chairperson stopped all public comment. Chairperson Stover indicated that this Hearing was a continuation from a previous meeting where the public comment portion of the Public Hearing had already been closed. Special Council Meeting~October 4,1982 Bob Reutiman questioned whether the public had been notified about the October 4, 1982 Special Council Meeting. Council indicated that it had been announced at the previous meet- ing and notices had been posted at both liquor stores and the City Hall front window. . SmithtownRoadSign Gene Patch requested a "Smithtown Road" sign be installed on County Road 19, at the Excelsior-Shorewood line, to eliminate some,con- fusion in locating homes along that area. Administrator will check with the County for approval. Regular Council Meeting - 2 - October 12, 1982 e Property Cleanup Keith Soffa, 6185 Church Road, requested the Council's help in trying to have some property cleaned up, north of his property. Council directed the Building Inspector to check out his property and send a notice of Junk Ordinance to the owner. He will then follow up with another inspection, in a reasonable amount of time. If nothing has been done, it will be turned over to the City Attor- ney. e AMENDMENT TO THE COMPREHENSIVE PLAN Recommendations were submitted to the Council from the Planning Commi- sion and City Planner for an amendment to the Comprehensive Plan. This Amendment would create a "Service Commercial District". The area affected is referred to as the "Crepeau Dock Property" and the "Minnetonka Dredging Company" which are currently operating on Conditional Use Permits. Notices were sent to all residents within 1200' of the affected areas, informing them of the discussion of the amendment. Comments were re- ceived from John Cross, Mr. Love, and Gene Patch. No objections were voiced; they felt it just provided for the current uses. Gagne moved, seconded by Rascop, to instruct Planner Nielsen to submit the Amendment to the Comprehensive Plan to Metro Council for review. Nielsen would like to get some response from the Metropolitan Council prior to the Council acting on any possible zone changes. Council did agree to give Metropolitan Council a few weeks to respond. ZONING AMENDMENT The THIRD READING of the proposed Zoning Amendment, to create a "C-4" Commercial Service District, was discussed. Suggestions for additional uses were submitted by John Lee, Charles Crepeau, owner of the property in the proposed new zone. The Council discussed alteration to: Subdivide 5 Dimensional Regulations. Moved ~y Haugen, seconded by Leonardo, to change: A. Building Height Maximum 1. Allowable Stor:i::es - "1-1/2" C. Yard Setbacks 2. Side: Requirements Building line to lot line [Minimum of 8' on a side] Average side lot lines to have a total of both side lot lines of 40' (This would pertain to prior and new bUildings) Motion carried unanimously. Council will vote on this Amendment at the October 25, 1982 meeting. . COUNCIL BREAK -9:15 P.M. Reconvened 9:23 P.M. e e e Regular Council Meeting - 3 - October 12, 1982 DISCUSSION OF McNULTY.SPECIAL ASSESSHENT STUDY Don Egne11, City Auditor, reviewed for the Council his findings on the assessments levied and additional agreed fees to be paid with reference to the Amesbury project. Jim McNulty, of McNulty Construction, would like to review Mr. Egne11's figures and schedule a meeting with Mayor Rascop and staff to discuss this matter at that time. SKIPPERETTE BUILDING PERMIT APPLICATION Kipp Johnson, owner of the Skipperette Store, 19215 Highway 7, sub- mitted a building request to add on to his existing building for the purpose of installing additional video games, snack bar, and an area for craft classes etc. All set-back requirements have been met. Haugen moved~ seconded by Shaw, to approve the permit; subject to the Building Inspector's approval of plans. Motion carried unanimously. SHOREWOOD PROPERTIES - SIGN PERMIT Permit was not approved - RC Zoning does not allow for this type of sign. Administrator to inform them that a variance request and a Public Hearing is necessary unless they alter their request to comply with the zoning. MOORE AUTO - SIGN PERMIT Building Inspector indicated that this sign complied with all neces- sary requirements of this zone. Moved by Leonardo, seconded by Gagne, to approve this permit as applied for. Motion carried unanimously. FRUEHLINGDOCK ISSUE Mr. Platt, Attorney for Frueh1ing, informed the city that the dock has been removed and he has agreed to repair the roadside where the steps were installed against any erosion. SIGN MORATORIUM ORDINANCE # 133 An Ordinance was submitted for review, placing a moratorium on the installation of "Advertising Signs" within the City until April 15, 1983. Haugen moved, seconded by Leonardo, this Ordinance, making this reading this Ordinance as written. Roll call vote - 5 ayes. to waive the second reading of the final reading and to adopt Ordinance adopted unanimously. CONTROLLING USE AND CONDUCT IN PARKS First reading of this Ordinance, on controlling use and conduct in City Parks, was heard. Council recommended changes: Section 2 - Paragraph I - add "drugs and narcotics" Subdivision 1 - Change - Creatures to Animals. Section 6 - Change taxable to refundable cost. Shaw moved, seconded by Gagne, to have this Ordinance sent to the Park Commission for it's review and comment. e e . Regular Council Meeting - 4 - October 12, 1982 ENGINEER'S REPORT: Engineer Norton submitted cost estimates on the installation of the water line from the Woodhaven Well to service the residents of Apple Road and Mill Street. Council instructed staff to send a letter to the residents, near this area, and invite them to the October 25, 1982 meeting to discuss the installation and needs for this water line. PLANNING COMMISSION REPORT: Kristi Stover reviewed Mr. Bader's request for the development on the "McCarthy property". This hearing was continued and Mr. Bader was told to come back with a final, definite plan. Zoning Ordinance review is continuing. Brad Nielsen has re-written the sign Ordinance section and will be submitting it to the Attorney for clarification before the Council will receive it. PARK COMMISSION REPORT: Gordy Lindstrom reported on the last ITH~eting__\\lben_t_he-':;it_}l:Administra- tor reviewed the 1983 budget for the Commission. Trail installations and tree planting are being done currently at Freeman Park. Marty Jakel gave the Park Commission a report on skating rinks and attendants. Kath West and Marty are setting rink policies and have suggested that I.D. 's be worn by attendants and First Aid Classes be taken by the attendants. Usage fees were discussed; this will be continued. Shaw suggested a letter be mailed to the Program Directors to receive their recommendations for park needs. Leonardo disagreed and felt that the parks were too oriented to organ- ized sports and not family use and residents should have the right to comment on park needs instead. Mr. Lindstrom informed Council that the Commission was following the Comprehensive Plan for Parks Family Use. Parks need a lot of money for improvement and equipment which the city does not have to spend. It was suggested to put a survey in the Newsletter, under the Park Winter Use section, asking the public for suggested in-put on Park needs. DRYLAND HOCKEY PRACTICE: Request was made by a traveling hockey team that would like to use Cathcart field before the ice is down. Moved by Rascop, seconded by Haugen, to approve the request subsequent to Hockey Contract approval. Motion carried unanimously. Regular Council Meeting - 5 - October 12, 1982 4It APPOINTMENT PROCEDURE (Park Commission) Council reviewed the Park Commission's recommendations for appointing new commission members. Council was in agreement with all procedures except item D. Council would like to see all applications with recom- mendations from the Park Commission. This procedure would also apply to the Planning Commission candidates, when established. Shaw will return these comments to the Park Commission for further re- visions. ATTORNEY'S REPORT: e Advertisi~ Sign Report The sign permit, issued to Naegele Sign Company, at Christmas Lake area was originally issued as a remodeling permit. It became a zoning violation when it was moved to a new location. This zone does not provide for advertising signs. Haugen would like a representative of the Naegele Sign Company to furnish the reason for the change of location. Nig1io Matter tabled until October 25, 1982 meeting. Rustic Way - Drainage Problem Council directed Engineer Norton to contact the Minnehaha Creek Watershed District to see if any money is available for this project. R. R. Johnson - Zoning Violation Mr~ Johnson has a new attorney. Attorney Larson will be speaking with this attorney soon. ENGINEER'S REPORT: Allied Blacktop Company Engineer Norton recommended approval of payment of the first and final payment to Allied Blacktop, in the amount of $22,198.74, for Seal Coating and Appurtenant Work. Moved by Gagne, seconded by Haugen, to approve the payment. Motion carried unanimously. .~ RESOLUTION # 80~82 Richard Knutson Company RESOLUTION # 81-82 Engineer-Norton recommended payment to Richard Knutson Company for the 6th and final payment of Project #80-3, (Storm Sewer, Sanitary Sewer, Water Main, Street Paving) in the amount of $12,545.67, for Amesbury West. Moved by Haugen, seconded by Shaw, to approve the payment. Motion carried unanimously. . Re:gular Council Meeting - 6 - October 12, 1982 e FORTUNE HOUSE WINE, SUNDAY AND MALT LIQUOR LICENSE RESOLUTION # 82-82 Application for Wine, Sunday and On-Sale Malt Liquor Licenses were pre- sented for approval. Moved by Shaw, seconded by Haugen, to approve the licenses as applied for. Motion carried unanimously. TRAFFIC STUDY REQUEST-3rd Avenue Excelsior has decided to join Shorewood in it's request of Minn. D.O.T. for a traffic study of Third Avenue, between Christmas Lake Road and Division Street. Rascop moved, seconded by Shaw, to request Mn. D.O.T. to conduct a speed study and recommend an appropriate speed limit for that area. Motion carried unanimously. VINE STREET - HOOPER LAKE ROAD REQUEST: Tabled until the October 25, 1982 Council meeting. MAYOR'S REPORT: e Police DeQt Request A letter was received, as requested from Chief Johnson, locating a proposed shower stall area to be installed in the City Hall base- ment. Council felt more information was needed before acting on this request. Amesbury Fire Rate Request Amesbury residents would like a lower fire rating for their area. Council will obtain information and respond to their request. L.M.C.D. The L.M.C.D. has disapproved the Watershed Control Plan. C.D.B.G. Larry Blackstead will be meeting with the Administrator to determine if a relocation of C.D.B.G. funds is necessary to make a more effi- cient use of available funds. COUNCIL REPORT: Housing Seminar Frank Reese and Jan Haugen will be attending an up-coming Housing Seminar. . Zo~LngViblation - Dan Johnson An inspection was made for a possible zoning violation for Dan John- son, 19370 Shady Hills Road. Building Inspector felt this was no problem and the Council would like an inspection made in six months to determine that no expansion is made. . . . Regular Council Meeting - 7 - October 12, 1982 Program on Drug and 'Alcohol Abuse Henry Carson of Lakeway Terrace has agreed to head a committee to set up a program on Drug and Alcohol Abuse for children. Leonardo will meet with the committee to help allocate funds to run the program. ASSESSMENT POLICY'- SPECIAL 'MEETING 'SET Discussion was tabled and a Special Meeting was at City Hall at 5:30 P.M. APPROVAL OF CLAIMS AND ADJOURNMENT Moved by Haugen, seconded by Gagne, to approve the claims for payment to be followed by adjournment at 12:45 P.M. Motion carried unanimously. for October 18, 1982 General Fund - [Account #00166] Liquor Fund - [Account #00174] Checks 26153-26224 = " 9327- 9359 = $219,173.50 19,613.86 Respectfully submitted, J~~ Sandra L. Kennelly, ;:?drl-P~ Mayor