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011083 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 10, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD SHOREWOOD, MN. 7:30 PM 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, January 10, 1983 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor Rascop, Councilmembers Haugen, Shaw, Leonardo, and Stover. Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer, and Clerk Kennelly. MATTERS FROM THE FLOOR 4It Gene Clapp questioned the progress in reference to a request for place- ment of "STOP" sign at the entrance area of the Shorewood Shopping Center. Administrator Uhrhammer contacted Ryan Construction Company but currently has received no response. He will contact them again. Gene Clapp did not receive a public hearing notice for the rezoning of the Gordon Schmidt property. Staff will check on the list of residents receiving notices. APPROVAL OF MINUTES Haugen moved, seconded by Leonardo, to approve the minutes of the Council meeting of December 13, 1982 as corrected. Motion carried unanimously. Rascop moved, seconded by Leonardo, to approve the minutes of the Special Council meeting of December 15, 1982 as corrected. Motion carried with 4 ayes - 1 abstain, [Haugen - due to absence at meeting]. ORGANIZATIONAL APPOINTMENTS [See Attached] RESOLUTION NO. 1-83 Council discussed the possibility of hiring an in-house Planner/Building Inspector, after interest in this position from Brad Nielsen, current contracting planner with the city. Leonardo felt that other applicants should also be considered. . Certificate of Insurance will be requested from all contracted services dealing with the city. . . . REGULAR COUNCIL MEETING - 2 - January 10, 1983 PUBLIC HEARING - 8:00 PM - DENNIS OTTESON RESOLUTION NO. 2~83 Request was made by Dennis Otteson, 27200 West 62nd Street, for a simple lot division with a variance for road frontage. Council reviewed the Planner's report with suggested recommendations. Mr. Otteson did agree to the Planner's conditions. Public portion of the hearing was closed at 8:45 P.M. Council discussed the seven (7) conditions recommended by the Planner. Item #2 was omitted and replaced with the following: #2 - Easement shall be granted to the westerly lot for the purpose of a sanitary sewer easement over the easterly lot. Stover moved, seconded by Leonardo, to approve this simple lot split in accordance with the seven (7) recommendations drawn in Resolution No 2-83. Motion carried unanimously in a roll call vote - 5 ayes. FINfifNGS OF FACT - NAEGELE SIGN COMPANY 8:30 PM Attorney Dick Nowlin of Larkin, Hoffman, Daly, & Lindgren Ltd., repre- senting the Naegele Sign Company; Ron Mielke, Vice President of Naegele Sign Company, and Court Reporter Marlene Burns of 1720 Midwest Plaza, were present to express their .position in reference to the permit issued for the sign located at Christmas Lake Road and State Highway #7. Dick Nowlin reviewed for the Council his letter of January 16, 1983 and requested the Council grant a variance authorizing the movement of this non-conforming structure in accordance with the provisions of Section 9, Subdivision 4, and Section 6, Subdivision 2 of the Zoning Ordinance. Ron Mielke then presented his interpretation of the sequence of events leading up to the revocation of this sign permit. FINDINGS OF FACT - CONCLUSION RESOLUTION NO. 3-83 Haugen moved, seconded by Shaw, to approve the Resolution adopting the Findings of Fact as presented by Attorney Larson to include additions and corrections. Motion carried unanimously in a roll call vote - 5 ayes. MARILYNWOOD DEVELOPMENT AGREEMENT Larry Bader was present to review the development agreement with the Council. Some disagreement in wording of #4 was expressed by Mr. Bader, this was clarified and agreed upon. Moved by Shaw, seconded by Leonardo, to approve the development agreement as amended. Motion carried unanimously. RESOLUTION NO. 4-83 .ORDTNANCE # . I~I Request was presented by Larry Bader to rezone the property owned by Gordon Schmidt, described as Lots 19 and 20, Linden Park, Hennepin County, Mn. and Outlots Band C of the newly created Marilynwood, owned by Larry Bader. Current zoning is R-l, request is for the R-3 zoning. Haugen moved, seconded by Shaw, to approve to amend Ordinance #77 and to rezone to R-3 by resolution, to include lots 19 and 20, Linden Park, Henne- pin County, Mn. and Outlots Band C, Marilynwood, at the finalization of Marilynwood. Motion carried unanimously by Roll Call Vote - 5 ayes. REZONING REQUEST - SCHMIDT-BADER . REGULAR COUNCIL MEETING PLANNING COMMISSION REPORT: The Planning Commission reviewed the Dennis Otteson division. pleted review of 2 sections of the proposed zoning ordinance. of shoreline uses were reviewed. -3- January 10, 1983 They com- A discussion Administrator Uhrhammer asked the Council's op~n~on on the Planning Commi- sion's reviewing simple subdivisions and then going on to the Council for action. Council agreed with that procedure. PARK COMMISSION REPORT: Launisse Cousins reported on the Park Commission's recommendation of Carol Chapman for Park Commission Chairman and Roger Stein as Vice-Chairman. The Park Commission would like to hold a meeting to receive public in-put to obtain the information on what the residents would like to see in the development of the City Parks. Projection dates of completion of park facilities were discussed. MTKA YOUTH HOCKEY ASS'N. TOURNAMENT REQUEST Pat Hanily requested permission to hold the 3rd Annual MYHA Hockey Tourna- ment at the Shorewood Hockey Rinks. The Park Commission recommends app- roval of this request. Rascop moved, seconded by Stover, to approve the request as amended to hold the 3rd Annual Hockey Tournament at the Shorewood Hockey Rinks. Motion carried unanimously. e ATTORNEY'S REPORT: TINGEWOOD P.U.D. AND ZONING AMENDMENT ~~SO/..(JT/ON No. J.j.~- S'3 ORDINANCE NO. 138 Rascop moved to amend Ordinance #77 and create an Ordinance to contain a PUD described as Lot 1 through Lot 10, Tingewood. Seconded by Leonardo. Roll call vote - Rascop aye, Haugen aye, Shaw passed, Leonardo aye, Stover aye, Shaw abstained. Motion carried with 4 ayes - 1 abstained. ADMINISTRATIVE REPORT: DOCK LICENSE APPLICATIONS RESOLUTION NO.5-B3 Dock License applications were submitted with no changes from the 1982 licenses for: 1] Howard's Point Marina Inc., 2] Mtka Portable Dredging, 3] Adeline Johnston, 4] Boulder Bridge Farm Inc. Complaint was received by Rascop, regarding a possible gas line location problem at Howard's Point Marina. Building Inspector is instructed to inspect this location and have this corrected before the issuance of their permit. Rascop moved, seconded by Leonardo, to approve the 1983 Dock Licenses for Minnetonka Portable Dredging, Adeline Johnston, Boulder Bridge Farm Inc., and to table the license request for Howard's Point Marina, Inc. Motion carried unanimously. . GAMBLING LICENSE REQUEST Request was made by the American Legion Post License. Haugen moved, seconded by Shaw, to Motion carried unanimously. RESOLUTION NO. 6-83 #259, for a 1983 Gambling approve the license request. . e . REGULAR COUNCIL MEETING -4- January 10, 1983 McNULTY ASSESSMENT REIMBURSEMENT RESOLTUION NO. 7-83 Administrator Uhrhammer reviewed, for the Council, the meeting with the McNulty Corporation in reference to over-payment of special assessments. Leonardo moved, seconded by Shaw, to approve payment of $10,375.94 as recommended by the City Auditors, Long, Froehling & Associates, P.A. Motion carried unanimously. UNION NEGOTIATION The Union has made a request for a 6% increase in salary. Council recom- mended-a 4% increase and a $125.00 freeze on fringe benefits. FINANCE DIRECTOR - SPECIAL MEETING Applications of 31 people have been received. held by the Administrator. Council will have views with some of the applicants on Tuesday, at 5:00 PM at the City Hall. MAYOR'S REPORT: PLANNING COMMISSION APPOINTMENT Council will have an interview session set for 5:30 PM, January 24, 1983, for the purpose of interviewing the applicants for the opening on the Planning Commission. Chairperson Benson is requested to attend this meet- ing. Interviews of 5 have been a special meeting for inter- January 18, 1983 starting MATTERS FROM THE FLOOR: Joe Gorecki questioned the Sign Ordinance requirements for real estate advertising signs and the need for the issuance of permits. The interpre- tation of this Ordinance will be clarified. APPROVAL OF CLAIMS AND ADJOURNMENT Moved by Shaw, seconded by Haugen, to approve the claims for payment to be followed by adjournment at 12:12 AM. Motion carried unanimously. General Fund - [Account #00166] Liquor Fund [Account #00174] Checks 26565 - 26602 " 9610 9626 $21,727.78 20,940.26 Respectfully submitted, t?~4?r ' Ma or- ~ SANDRA L. KENNELLY, Clerk SLK:rd . e . 1. Deputy Mayor RESOLUTION NO. 1-83 Kristi Stover - appointed to first half of year Jan Haugen - appointed to second half of year 2. Representatives to: a. Public Works- Jan Haugen b. Park & Recreation Liaison Al Leonardo c. Liquor Stores Tad Shaw & Bob Rascop d. So. Lake Mtka Public Safety [Acting Mayor as alternateJ Bob Rascop & Kristi Stover e. City Communications [Neighborhood Groups] Kristi Stover f. Planning Commission Liaison Tad Shaw g. Budget & Finance Kristi Stover & Jan Haugen h. Audit Committee Kristi Stover & Al Leonardo i. Union Negotiations Jan Haugen & Bob Rascop j. Intergovernment Affairs Jan Haugen Liaison to Metro Council State Government County Government Minnehaha Creek Watershed-District Kristi Stover k. Public Relations & Newsletter [Contributions by Council] Jan Haugen 1. Shade Tree Disease Program Al Leonardo m. Insurance Tad Shaw . e . 3. Staff a. Administrator/Treasurer Doug Uhrhammer b. City Clerk Sandra Kennelly Don Zdrazil c. Public Works d. Liquor Store Manager Harry Feichtinger e. Auditor Haugen moved to table-3 ayes-2 abstain (Leonardo & Shaw) f. Building Inspector Haugen moved to table. Haugen withdrew motion. Jim Miller was appointed at the will of the Council. 4. Attorney Penberthy & Larson, Ltd. 5. Engineer Orr-Schelen-Mayeron & Associates, Inc. 6. Planner Northwest Associated Consultants, Inc. was appointed at the will of the Council. 7. Health Officer Doctor Greg Seifert 8.. Fire Marshall Wayne Stern 9. Representatives to Affiliated Organizations: a. Association of Metro Municipalit:iiEes. - Kristi Stover and League of Minnesota Cities - Jan Haugen . 9. Representatives to Affiliated Organizations continued b. Suburban Rate Authority Jan Haugen c. Minnetonka Community Services Tad Shaw d. Lake Mtka Conservation District - Bob Rascop e. Lake Minnetonka Cable Communication Commission - Jan Haugen Al Leonardo 10. Bank Depository Alternate - Sandy Bruntol Minnetonka State Bank 11. Newspaper Sun Newspaper 12. Planning Commission Appointments Chairman: Bruce Benson e Members: Bruce Benson - a 3 yr. term to expire 12/31/85 Vern Watten - a 3 yr. term to expire 12/31/85 13. Park Commission Appointments Chairman: Carol Chapman Vice-Chair: Roger Stein Members: Carol Chapman - a 3 yr. term to expire 12/31/85 Marty Jakel - a 3 yr. term to expire 12/31/85 14. Solid Waste Disposal Appointment - Tad Shaw . 15. Hazardous Waste Disposal Appointment Al Leonardo Shaw moved seconded by Haugen to approve all the above listed appointments. Motion carried unanimously.