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121382 CC Reg Min e CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 13, 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 7:30 P.M. Monday, December 13, 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, Council members Shaw, Leonardo, Gagne and Haugen. e . Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer and Clerk Kennelly. APPROVAL OF MINUTES Moved by Haugen, seconded by Shaw to approve the minutes of the Council meeting of November 22, 1982 as corrected. MATTERS FROM THE FLOOR No public comment was made. CONTINUATION OF PUBLIC HEARING - Variance - Jack Hunner 20625 Radisson Inn Road A continuation of a public hearing from November 22, 1983 Council meeting was resumed. Mr. Hunner, owner, is requesting to add an additional story to his present home that vi6lates the set back limits of the City Zoning Ordinance. Council reviewed Planners report with Mr. Hunner, he did not feel this report was accurate. Council did not feel there was a "hard- ship" involved or a valid reason to grant this variance. Mr. Reutiman felt that the present roof construction warranted a hardship. Rascop closed the public portion of the public hearing. Haugen moved, seconded by Leonardo, to continue the public hearing to enable the Council to further review the Planners report and to obtain additional information. REGULAR COUNCIL MEETING - 2 - DECEMBER 13, 1982 e TINGEWOODDEVELOPMENT AGREEMENT - 1st Reading Council reviewed the Development Agreement for Tingewood. Gagne moved, seconded by Haugen, to approve the agreement and authorize the Mayor to sign it. Motion carried in a roll call vote - 4 ayes - 1 abstain (Shaw) SIGN VARIANCE REQUEST - Tingewood RESOLUTION NO. 92-82 A request was made by the developers of Tingewood to place a sign, in reference to their development, on the State Highway 7 portion of their property. This sign would be temporary for the purpose of advertising the sale of their lots. I Gagne moved, seconded by Rascop, to approve this location for a temporary sign. Motion carried - 4 ayes - 1 abstain (Shaw) MARILYNWOOD - DEVELOPMENTAL CONTRACT REVIEW Tabled for further Council review. MARILYNWOOD FINAL PLAT REVIEW ~ Council reviewed the Marilynwood Plat. Rascop moved, seconded by Leonardo, to approve the Marilynwood Plat. RESOLUTION NO. 93-82 Council felt more conditions should be placed on the approval of the plat. Rascop moved, seconded by Leonardo, to withdraw his motion. Rascop further moved, seconded by Leonardo, to approve the plat subject to the approval of the developmental contract and the title search. Motion carried - unanimously by roll call vote. REVIEW OF MINNETONKA STATE BANK PLANS Bob McDougall, representing Minnetonka State Bank, building plans for the new bank facility. Council of comments submitted by City Building Inspector. were addressed by Mr. McDougall. presented the reviewed a list These comments . Public comment from Mr. Reutiman referring to necessary easements, use of frontage road and the lack of adequate lot size for proposed building were heard. . e e '11Jun08 04 41wqnsa~ PUg ((t 'oN aJugulP~O 04 4uaWpUawg Ug 4JB~P 04 UOS~gl Aau~044V pa4Jn~4sul 11Jun08 '11Jun08 04 41wqnsa~ PUg 4uawaa~2g aq4 4Jg~pa~ 04 UOS~gl Aau~044V pa4Jn~4sul 11Jun08 'aJg1d ~oo~ sa2ugqJ pasodo~d PUg ~uawaa~2g aq4 2U1P~g2a~ uOlssnJslG '~uawaa~2g Ug Ugq4 ~aq4g~ aJugulP~O aq4 04 4uaWpUawg Ug pa4sa22ns op~guoal e e . REGULAR COUNCIL MEETING - 3 - DECEMBER 13, 1982 REVIEW OF MINNETONKA STATE BANK PLANS~continued from page 2 Gagne moved, seconded by Leonardo, to approve the building plans subject to the following conditions: 1.) Approval of the easement agreement & title opinion. 2.) Review of Conditional Use Permit. 3.) Minnesota DOT approval for drainage plan on frontage road. 4.) Signed approval from Ryan Construction for the re- location of current drainage. 5.) Compliance with Building Inspector's list of conditions. Motion carried unanimously. SIGN REHOVAL - Minnetonka State. Bank .. & . Naegele. Sign. Company Minnetonka State Bank purchased the property at 23780 State Highway 7 with a existing lease for a standing advertising sign. The building can not be constructed until the sign is taken down, and the sign can't be replaced due to the current moratorium on signs. Attorney Larson submitted an agreement that if all parties agree, Construction of the building and relocation of the sign on that site may be allowed. Leonardo suggested an amendment to the Ordinance rather than an agreement. Discussion regarding the agreement and proposed changes took place. Council instructed Attorney Larson to redraft the agreement and resubmit to Council. MEETING DATES A Special Meeting will be set for December 15, 1982 at 5:30 P.M. at City Hall. The Regular Council Meeting set for December 28, 1982, will be cancelled. DRAM SHOP ORDINANCE ORDINANCE NO. 136 The second reading of the Dram Shop Coverage Ordinance was reviewed by the Council. Haugen moved, seconded by Rascop, to adopt into effect this Ordinance. Motion carried unanimously. e e e REGULAR COUNCIL MEETING - 4 - DECEMBER 13, 1982 UNCLAIMED AND CONFISCATED PROPERTY ORDINANCE Council had the second reading of this proposed Ordinance. Revisions were made by the Council. Haugen moved approval of this Ordinance as corrected. Motion died for lack of a second. Shaw questioned what the state policy was in connection with these properties. Attorney Larson will obtain this information and return to the Council in January. PLANNING COMMISSION REPORT Councilman Gagne reported on the Commissions approval of the zoning change requested for the Schmidt property located on Lake Linden Drive. Bruce Benson has been recommended by the Planning Commission for the appointment of Chairperson. PARK COMMISSION REPORT Roger Stein reported to the Council in reference to their last meeting. Anne~Bronken from Northwest Associated Consultants was present in reference to Freeman Park Plans. Inventory report was completed and a summary will be submitted at the next Park Commission meeting. Rink Policy was completed. Ice Rink Management PolifY Resolution No. 94-82 Council reviewed the management policy created for control of the ice rinks. Moved by Rascop, seconded by Gagne, to accept the policy as submitted. Motion carried unanimously. Policy Outline for Park Improvement Budget-Resolution No. 95-82 A policy was submitted reviewing the goals proposed for the Park Capital Improvement Fund plans. Haugen moved, Shaw seconded, to approve the policy as amended. Motion carried unanimously. e e e REGULAR COUNCIL MEETING - 5 - DECEMBER 13, 1982 ATTORNEY'S REPORT Finding of Facts ~Naegele Sign Issue Naegele Sign Company attorney requested a continuance of this matter to a later date. Haugen moved to table unt:il the 1 st meeting in January. Boulder Bridge Farm PumphouseSettlement-Resolution No. 96-82 An agreement has finally been settled with Mac-Erny Company and his sub-contractors. Attorney Larson submitted a list of sub-contractors and the agreed payment to them. Checks wiLl be written to the sub-contractors and distributed by the City Attorney as follows: Bergerson-Caswell Glewwe Metals Mike Paul Electric Mac-Erny Inc. $ 4563.18 488.26 5565.96 845.85 $11,463.25 Haugen moved, seconded by Gagne, to approve payment of these claims and final settlement to Mac-Erny Inc. Motion carried unanimously. ENGINEER'S REPORT Amesbury Back-up Well Payment Resolution No. 97-82 Engineer Norton recommended payment of Voucher #2 for Project 82-1-Amesbury Back-up Well in the amount of $17,049.17. Rascop moved, Gagne seconded, to approve payment. Motion carried unanimously. ADMINISTRATIVE REPORTS Excelsior Water Extension Administrator Uhrhammer reviewed alternative plans to service the petitioner of Apple Road and Mill Street on their request for water service. After discussion the recommendation was to remain with current policy and allow the connection to the Excelsior Water System on the signed agreement that each resident will agree to pay an assessment when and if a City water improvement would ever be installed in this area. Release forms will be submitted to the affected residents. - e e REGULAR COUNCIL MEETING - 6 - DECEMBER 13, 1982 ADMINISTRATIVE REPORTS - Continued M.A.P.S.I. Contract Contract from MAPSI was received for the up coming year. Administrator Uhrhammer discussed the increase with the owners and got a reduction in the administrative charges. Further review of various City charges will be made. AmesburySpecialAssessment Study A Special Assessment Review was make by the City Auditor on the Amesbury Addition. There will be a meeting set up with Mc Nulty Corporation to discuss the findings of this summary. Union Matters A list of demands have been received in reference to the new contract for 1983. Administrator Uhrhammer reviewed for the Council the present state of the grievance that has been filed by 2 of the City employees. MAYORS REPORT Mayor Rascop reviewed the last meeting of the L.M.C.D. He informed the Council that; The Excelsior Attorney does not intend to prosecute water violations. A site, on the southwest side of the lake, is being studied for use as a public access. Joe Boyer has made a request for a marina, to go along with a condominium development on a self-made bay off of Halstads Bay. APPROVAL OF CLAIMS AND ADJOURNMENT Moved by Shaw, seconded by Haugen, to approve the claims for payment to be followed by adjournment at 11:50 P.M. Motion carried unanimously. General Fund [Account #00166] Checks 26450 - 26564 $226,381.71 $ 54,244.04 Liquor Fund [Account #00174] Checks 9530 9609 ~Ubmitted' Sandra L. Kennelly, Clerk g~.A Mayor ~