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012384 CC Reg Min e CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 23, 1984 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 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 PM, January 23, 1984 in the Council Chambers of City Hall. PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover and Gagne Staff: Attorney Larson (arrived 7:45), Engineer Mittlesteadt, Administrator Uhrhammer and Clerk Kennelly APPROVAL OF MINUTES e Moved by Haugen, seconded by Gagne, to approve the minutes of the CounciL Meeting of. Ja.nuary. 9, 1984 as written. Motion. carried unanimously. CITIZEN'S FORUM Mrs. Bernice Brooks Request - Christmas Lake Addition Mrs. Brooks was present to request a delay in Park Fund fees due on the Christmas Lake Addition until August 1, 1984 or until the first lot sells, which ever comes first. She asked for the delay due to the new requirements of Hennepin County, that all current taxes have to be paid in full at the time of plat filing, causing a financial burden at this time. Shaw moved, seconded by Stover, to grant the delay in payment of Park Fund fees until the sale of the first lot or August 1, 1984. Motion carried unanimously. 5 ayes. SIMPLE SUBDIVISION - Roger Lindholm 20025 Vine St. RESOLUTION NO. 5-84 A request from Mr. Lindholm to allow a simple division and combi- nation to add 23.5 feet to his property from Mr. Macklin who prev- iously had divided this property. Mr. Macklin is now conveying the additional 23.5 feet of his property to Mr. Lindholm. This transfer of property is to correct the plat to the size that was originally intended. e Haugen moved, seconded by Stover, to approve the division as requested. Motion carried unanimously. 5 ayes. e COUNCIL MINUTES JANUARY 23, 1984 page two REQUEST FOR PURCHASES MTKA, MANOR LOT 6, BLK 1 A request was received from Richfield Bank and Trust, offering to sell Lot 6, Block 1, Minnetonka Manor to the City of Shorewood for possible park use. Haugen moved, seconded by Shaw, to decline the offer and to thank the Bank for their offer. Motion carried unanimously. 5 ayes. 7:45 PM PUBLIC HEARING: Variance Request Rudolph Miller 26710 Edgewood Rd. RESOLUTION NO. 6-84 Mr. Mikkelson, contractor for Mr. Miller was present to request a setback variance for the installation of a tennis court at 26710 Edgewood Road. Public hearing was opened at 7:50 PM. The request is for a 44 foot setback from the platted road, whose tarred surface comes to the North edge of the road right of way. This does not allow for any maintenance area for utilities, repairs, or snowplow- ing. This road location was confirmed by Engineer Mittelsteadt and by presenting a 1970 Hennepin County survey. Stover pointed out that the City can claim 13' to 15' for right of way outside of the traveled tar surface. Public portion of the hearing was closed at 7:55 PM. e Haugen moved, seconded by Shaw, to approve a variance that would allow the installation of the tennis court 50' from the edge of the tarred surface and to dedicate 15' for the purpose of road right of way. Motion was denied, 4 nays, 1 aye. (Gagne) HOWARDS POINT MARINA RECONSIDERATION RESOLUTION NO. 7-84 Haugen requested a temporary adjournment to review new material received from Attorney Larson in reference to the reconsideration. Adjournment.......8:20PM Reconvene.......8:25 PM Attorney Frank Kelly and Jerry Brecke were present to ask for a reconsideration of the Howards Point Marina storage tank request made August 1, 1983. This request was for a variance to expand a non-conforming use, at the advice of the City Staff. Mr. Kelly does not feel this request is an enlargement or relocation of a structure of a non-conforming use, as originally treated, but is a building permit request. The building permit request would be to eliminate possible underground water pollution, gas spills, fre- quently filling and meet general safety standards. This is not an expansion or relocation of a nonconforming use. Mr. Gorecki commented as a neighboring resident, that he felt the pollution safety was foremost in this request. e Gagne moved, seconded by Stover, to issue a building permit to allow the installation of 2 new storage tanks that comply with state fire marshall regulation at a designated location as requested by the building permit application, and with the approval of the building inspector. Motion carried. 3 ayes, 1 abstain (Shaw), 1 nay (Rascop) e COUNCIL MEETING JANUARY 23, 1984 page three COVINGTON. VINE RIDGE COMPREHENSIVE PLAN AMENDMENT RESOLUTION NO. 8-84 Mr. Eric Canton did a presentation on the proposed Covington Vine Ridge subdivision. Mr. Canton represents Robert Sommer, Sigfired Sommer Canton, and Terry O'Sullivan. He requested a Comprehensive Plan Amendment to allow 2.64 units per acre for density that would then allow him to request P.U.R.D. Zoning for 64 lots on 42 acres, of 10,000 square feet or more. Rascop moved, seconded by Gagne, to accept the amendment to the Comprehensive Plan to allow 2 to 2.7 density per acre and forward the amendment to the proper authorities (Metro Council). Roll Call Vote - 5 ayes. HOWARDS POINT MARINA REQUEST Haugen requested the Administrator to obtain past and future data on gasoline sales of the marina. PLANNING COMMISSION REPORT Stover informed the Council of Bruce Benson's appointment to the Chairman of the Planning Commission. e The Planning Commission reviewed the Covington Vine Ridge presentation. PARK COMMISSION REPORT The Council discussed the expenses of the staff time charged back to the Park Commission. Shaw will speak to Chairman Stein to see if the Commission can help to eliminate some of this expense and allow Sue Niccum additional time for other projects. ADMINISTRATIVE REPORT Finance Committee By-laws Council reviewed the "By-laws" suggested by the Administrator. Rascop moved, seconded by Stover, to change the term from 1 year to 2 years and approve the "By-laws" as amended. Motion carried unanimously. Septage Disposal Site A letter was received from the MWCC requesting permission to locate a disposal site on Covington Road just 1/8 mile west of Vine Hill Road. Council directed the staff to inform the MWCC of the new request of Covington Vine Ridge subdivision at that location, also to inquire e what is meant by "credits" in their letter dated January 11, 1984. e 4It e COUNCIL MEETING JANUARY 23, 1984 page four ADMINISTRATIVE REPORT continued GAS FRANCHISE ORDINANCE NO. 156 Council reviewed the Gas Franchise Ordinance. Haugen moved, seconded by Stover, to adopt by Ordinance, the Franchise as submitted. Roll Call Vote. 4 ayes - 1 nay (Rascop) Scheduling Meetin~ Dates Zoning Meeting - set for 6:30 PM, February 8th, 1984 in the Council Chambers. Town Meeting set for 7:30 PM, February 16th, 1984 in the Council Chambers. MAYOR'S REPORT Fire Contract Mayor Rascop signed the Excelsior Fire Contract with Shorewood. CDBG Funds Rascop reviewed the expenditures of the CDBG Fund, indicating which funds are about to lapse because of time. These funds will be reallocated where possible. Metro Council Information Appointment Administrator Uhrhammer has been appointed to receive all Metro Council material to review for the Councils information. Recycling Test City Haugen felt that Shorewood should investigate volunteering to become a Test City Recycling Area. Water Resource Board Appointment The Resource Board has expanded to 7 members. The lake area cities will submit in support, the same 3 candidates for these positions. COUNCIL REPORT Financial Statement was reviewed. Finance Director Beck answered questions for the Council. Transportation Committee The Committee has discussed extending the light rail system to include Excelsior at this time. e COUNCIL MEETING JANUARY 23, 1984 page five APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to approve claims for payment to be followed by adjournment at 12:00 AM. Motion carried unanimously. General Fund (Acct #00166) Checks 28176 - 28293 $107,533.94 Liquor Fund (Acct #00174) Checks 1778 - 1834 $36,602.22 Respectfully submitted, MAitWl?~ Sandra Kennelly City Clerk SLK: sn e tit