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012483 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 24, 1983 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD. SHOREWOOD, MN 7:30 PM e 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 24, 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, Stover and Leonardo arrived at 7;45 P.M. Staff: Attorney Larson, Engineer Mittelsteadt, Administrator Uhrhammer and Clerk Kennelly SERVICE AWARD An award was presented by Mayor Rascop to Robert Gagne in appreciation e of his service as a prior Councilman and Planning Commission member. APPROVAL OF MINUTES Haugen moved, seconded by Rascop to approve the minutes of the Council meeting of January 10, 1983 as corrected. Motion carried unanimously. CONTINUATION OF PUBLIC HEARING - Jack Hunner - Variance request Mr. Hunner of 20625 Radisson Inn Road and his attorney Jim Robinson appeared before the Council requesting a variance for building. They reviewed the Planner's Report citing various disagreements with his report. Mr. Robinson felt that his request should be granted on a hardship condition, he then listed various reasons for granting the variance due to hardship. Comment from Mr. Wrede, neighborhood, he supports Mr. Hunner's request and feels that it would be an {mprovement for the area. Council discussed this request at length. Haugen moved, seconded by Shaw, to instruct the attorney to prepare a Resolution of denial of the variance request and return to the Council at the next Council meeting. Roll call vote - 5 ayes. Motion unanimously denied. . Leonardo requested further review of this area of the new Zoning Ordinance to allow some flexibility. REGULAR COUNCIL MEETING - 2 - JANUARY 24, 1983 ~ DOCK LICENSE APPROVAL - Shorewood Yacht Club Mr. Cross was present to request 125 slips for the 1983 dock permit. This is an increase over his permit for 80 slips previously granted. Council reviewed the 1975 court decision and the lease agreement for more lakeshore from Mike Arvidson. Rascop moved approval of the 1983 request to allow 125 slips, seconded by Stover. Rascop withdrew motion, seconded by Stover. RESOLUTION #8-83 Rascop moved, seconded by Stover, to amend Resolution #24-79 and allow the 125 Slips in accordance with the court order and to receive varification for the Hennepin County Regional Rail Authority that they are in agreement with the proposed configuration presented by Mr. Cross. Roll call vote: Haugen - pass, 2nd - abstain, Shaw - aye, Leonardo- aye, Stover - aye, Rascop - aye. Motion passed. RESOLUTION #9-83 Rascop moved, seconded by Shaw, to approve and grant the.19~3 Dock License for 125 slips. Motion carried. 4 ayes, 1 abstain (Haugen) 4It DOCK LICENSE APPROVAL - Howards Point Marina A Report was received from an inspection of the gas line for the gas pump, as requested by Council. Rascop moved to table until more complete inspection can be done in the spring or until someone can be present representing the Marina, seconded by Leonardo. Motion carried - 4 ayes - 1 nay (Shaw) DOCK LICENSE APPROVAL - Upper Lake Minnetonka Yacht Club RESOLUTION #10-83 Request was made for the 1983 Dock License with a change in con- figuration. Rascop withdrew himself from this matter. Leonardo moved, seconded by Haugen, to approve the Dock License as requested. Motion carried, 4 ayes, 1 nay (Shaw) e e 4It e REGULAR COUNCIL MEETING - 3 - JANUARY 24, 1983 CIGARETTE LICENSES RESOLUTION #11-83 Rascop moved, seconded by Leonardo, to approve the Cigarette Licenses for the following businesses: American Legion Country Kitchen Driskills Super Valu Minnetonka Country Club Tom Thumb Snyder's Drug Store Fortune House Village Pump Skipperette Motion carried unanimously. PROCEDURE FOR DISPOSITION OF UNCLAIMED & CONFISCATED PROPERTY ORDINANCE #139 Council reviewed the Ordinance and made corrections of minor errors. Rascop moved, seconded by Leonardo, to accept the third reading of this Ordinance and approve this Ordinance for adoption. Motion carried unanimously. FIRST READING - Conduct in Parks Ord. Council reviewed the proposed Ordinance and made changes in wording and minor typing errors. Rascop moved, seconded by Leonardo to accept the first reading of this Ordinance. FINAL JOINT & COOPERATIVE AGREEMENT AS AMENDED FOR THE LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION RESOLUT~ON #12-~3 Haugen reviewed the agreemen~ as submitted by the Cable Commission, for the Council. Haugen recommended approval, moved acceptance of this agreement, seconded by Leonardo. Motion carried unanimously. PARK COMMISSION REPORT Launisse Cousins reported on the Park Commission's recommendation to accept monetary donations instead of land donation~ at present time.Comm~sslon members will become liasons to various sports groups using the City facilities to receive in-put from the various groups as to their needs. Discussion of possible ways to raise money for park development was also reviewed. Commission would like suggestions from the City residents on any further planned development. e e e REGULAR COUNCIL MEETING - 4 - JANUARY 24, 1983 ATTORNEY'S REPORT NAEGELE SIGN ISSUE Attorney Larson recommended civil action be brought against Naegele Sign if the Council feels the sign is in violation of the City Ordinance. Shaw moved, seconded by Haugen, to instruct the City Attorney to proceed in filing civil action against Naegele Sign Inc. for removal of the sign located at Christmas Lake Road and State Highway #7 . Roll call vote: Haugen - aye, Shaw - aye, Leonardo - aye, Stover - abstain - second vote - aye, Rascop - aye. Motion carried unanimously. PARTNERSHIP - PENBERTHY & LARSON Attorney Larson informed the Council that his law partnership will be dissolved, Larson continuing service for Shorewood. Rascop would like Larson to address a possible replacement at meetings if he is not able to attend. ENGINEER'S REPORT Engineer Mittlesteadt informed the Council of the January 25, 1983 start-up date for the Amesbury back-up well. APPOINTMENT OF WEED INSPECTOR Moved by Shaw, seconded by Haugen, to appoint Mayor Rascop and Dennis Johnson as the 1983 Weed Inspectors. Motion carried unanimously. ADMINISTRATIVE REPORTS AUDITOR APPOINTMENT Bids have been received from current auditor, and more bids are expected to be submitted this week. UNION NEGOTIATION - Grievance An arbitrator has been chosen, Viola Kanatz Administrator Uhrhammer, Don Zdrazil, and Bob Gagne will also be included. UNION NEGOTIATION - Meeting The Negotiation Meeting is set for Monday, January 31, 1983 at 4:00 P.M. at the Shorewood City Hall. e e e REGULAR COUNCIL MEETING - 5 - JANUARY 24, 1983 ADMINISTRATOR'S REPORT - continued PLANNER/BUILDING INSPECTOR POSITION Review of total costs involved in the Planning and Building Department were discussed and the combination of these positions. Leonardo moved, seconded by Haugen, to offer the Planner/Building Inspector position to Brad Nielsen at a salary within the range of $20,000-24,000 plus benefits. . Motion carried unanimously. MAYORS REPORT LMCD REPORT The LMCD instructed the Excelsior City Council to have their City Attorney prosecute water violations. Excelsior Attorney's responded by returning violations to Hennepin County unprosecuted. ORONO CONTRACT WITH LMCD City of Orono rtesignated off-street parKlng by Ordinance, within 3000 feet of lake accesses without public hearings. Orono wants the LMCD to sign a Contract with them and have the LMCD post signs in these areas. The LMCD feels that public hearings should be held. LAKE VIRGINIA SITE The Governor Task Force will be holding their regular meeting on Thursday, January 26, 1983 discussing dredging across Smithtown Road and connecting Lake Virginia to Lake Minnetonka. Fee schedule for Lake violations will be submitted. POLICE RESERVE DINNER Request for a donation of $225.00 from Shorewood, for the Police Reserve Dinner was made. Rascop requested support from the Council for this fund. - Council approved request unanimously. COUNCIL REPORT SUBURBAN RATE AUTHORITY Haugen reported on the discussion of the Minnegasco Franchise that has expired. Haugen questioned whether the City would like to continue as members. AMM REVENUE COMMITTEE MEETING Discussion included levy limit controls and changing the formula for state aid payments. e e e REGULAR COUNCIL MEETING - 6 - JANUARY 24, 1983 APPROVAL OF CLAIMS AND ADJOURNMENT Moved by Rascop, seconded by Haugen, to approve the claims for payment to be followed by adjournment at 11:40 P.M. Motion carried unanimously. General Fund Liquor Fund [Account #00166] Checks 26603 - 26706 [Account #00174] Checks 9661 - 9726 $85,065.39 == $26,552.49 Respectfully submitted, jJ~~ / / Mayor' ~ SANDRA L. KENNELLY, Clerk SLK: sn