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051484 CC Reg Min e e e CITY OF SHOREWOOD REGULAR COUNCIL MINUTES MONDAY, MAY 14, 1984 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM MINUTES CALL TO ORDER The regular meeting of the ShorewoodCity Council was called to order by Mayor Rascop at 7:35 PM, May 14, 1984, in the Council Chambers of City Hall. PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance and a prayer by Mayor Rascop. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Haugen, Gagne and Shaw. Staff~ Attorney Larson, Engineer Frigaard, and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the minutes of the regular Council Meeting of April 23, 1984, as written. Motion carried unanimously. Gagne moved, seconded by Stover, to approve the minutes of the Special Council Meeting of May 7, 1984, as corrected. MATTERS FROM THE FLOOR Student Project Eric Dorfman and Rich Hill, Shorewood students, presented a petition supporting enforcement of the Shorewood Dog ContrDl Ordinance. They suggested ways to improve the controlling and enforcement of the Ordinance by submitting complaint forms and a warning letter to be sent to owners of problem dogs. They also showed how added patrol services would not be a heavy cost burden on the residents. The Council thanked them for the suggestions and effort involved in their project and presentation. Shady Island Bridge Problem Mr. William Bohnhoff of 4925 Shady Island Road was present to ask help from the Ci ty to enforce the "No Fishing" and "No Parking" signs by the Shady Island Bridge. He would like this patrolled more heavily. There is also a junk and dumping problem caused by the violators that Mr. Bohnhoff is continually cleaning up after. The City will try to keep the dumping barrel empty and requested the Police Department to increase patrolling and ticketing violators. e REGULAR COUNCIL MINUTES MONDAY, MAY 14, 1984 Page Two Shady Island Bridge Problem Mr. Bohnoff also informed the Council of the poor trimming and cutting of trees by the Cable Company installing the Cable lines on the islands. Haugen did contact the Cable Company and told them to speak to Mr. Bohnhoff, so far they have not talked to him. Haugen will call them again. Haugen said that the Cable Commission had told the Cable Company that they were to talk to all affected residents before they proceeded with the removal of trees. Carol Butterfield felt that only qualified tree trimmers should be allowed to do removal or trimming of these trees. PARK COMMISSION REPORTS Carol Butterfield reported on the progress of the "Festival of Parks" plans. She requested a permit for Bingo to be held by the Tonka Bay Mens Club at the Festival. Bingo Permit RESOLUTION #29-84 e Rascop moved, seconded by Stover, to issue a Bingo permit, waiving the permit fee, to be held in the Council Chambers for the "1984 Festival of Parks". (NO SMOKING signs to be posted). Motion carried. Playground Equipment Bid RESOLUTION #30-84 Haugen moved, seconded by Gagne, to accept the bid from Brancel Construction for $5,783.00 as recommended by the Park Commission for two sets of Playground Equipment to be placed at Badger and Manor Parks, for immediate installation. Motion carried unanimously. PUBLIC HEARING - SALLY LARSON REQUEST The public hearing has been cancelled. A new public hearing will be set for a later date. ROBERT PETERSON ADDITION - P.U.D. DEVELOPMENT STAGE RESOLUTION #31-84 Mr. Peterson reviewed his proposal for a P.U.D. at 5474 Covington Road. Stover informed the Council of an "on site" inspection of the Planning Commission and their recommendation to approve as requested. e Gagne moved, seconded by Shaw, to approve the P.U.D. Development Stage Plan subject to the Engineers approval of road and driveway grade plans, drainage plan, and the attorney's approval of the "Association's Covenance Agreement". The plan was accepted unanimously by roll call vote - 5 ayes. e . e REGULAR COUNCIL MINUTES MONDAY, MAY 14, 1984 Page Three C.U.P. - OUR SAVIOURS LUTHERAN CHURCH RESOLUTION #32-84 A request was presented by Larry Cain and George Stodola to operate a religious elementary school, grades Kindergarten through 2nd grade in their church facility, at 23310 State Highway 7. Council questioned any changes to the building and future plans to expand the Christian School to house grades through 8th grade. Shaw moved, seconded by Gagne, to grant the C.U.P. to operate a educational use for grades Kindergarten through 2nd grade at 23310 State Highway 7. C.U.P. granted by roll call vote - 5 ayes. 3RD STREET AND CLARA AVENUE (PORTION) VACATION REQUEST A request for vacation, from adjoining property owners of 3rd Street and portions of Clara Avenue,was reviewed. Mr. Mitchell, Mr. Zaun, Mr. Russel and Mr. Soner were present to explain their request for vacation of these platted roads. Due to existing locations of some of these houses, vacation of these roads would ensure protection of privacy for these people. Their request would not cause the "land locking" of any property not presently owned by the petitioners. Council discussed the request and felt that the vacation of 3rd Street north of Birch Bluff Road to Lake Minnetonka should not be discarded with this request but should be handled at the time policy is set dealing with all the road right-of-ways extending to the lake. Mr. Soner and Mr. Russell agreed to withdraw their request from this petition. After further discussion in reference to "setting precedence" Shaw moved, seconded by Haugen to set a public hearing su~ject to fee paid, requesting road vacations. Mr. Mitchell asked for an informal opinion from the Council. Their present feeling was unfavorable toward vacation. Shaw motioned, second accepted by Haugen to withdraw motion. Mr. Mitchell asked the Council what was necessary for him to do to improve the current existing driveway on 3rd Street. Council directed him to make the request and fill out necessary forms with the City Staff. ATTORNEY'S REPORT Rapid Oil Change Mr. James Steilen representing Ed Flaherty in Rapid Oil Change's request for variance, asked the Council to reconsider their motion of denial citing the following reasons: e e e REGULAR COUNCIL MINUTES MONDAY, MAY 14, 1984 Page Four Rapid Oil Change (continued) 1. The plan shown at another meeting showing placement of buildings within variances, did not meet Ordinance requirements. This was stated by Planner Neilsen at a meeting reviewing those plans. 2. Mr. Steilen disagrees with the requirement of a 4/5 vote to pass-approval on this request. Attorney Larson will clarify this requirement. Shaw moved to table the Resolution of Denial until May 29, 1984, and to obtain another planner's report on land use and a clarification on the number of votes needed for approval, seconded by Stover, motion carried unanimously. ENGINEERS REPORT Seal Coating Specifications Engineer Frigaard presented a list of streets needing seal coating. These streets have all the utility improvements already installed. Haugen moved, seconded Gagne to have the Engineer proceed with plans and specifications necessary for letting bids for seal coating. Motion carried. T.A.U. Project Engineer Frigaard explained the letter from the Metro Councils, Traffic Advisory Board. Funds for specific County Road repairs will be administrated by the Met Council. These will not be the cost responsibility of the City where the County roads are located. Zoning Text Amendments - (Temporary Variance Granting) Council reviewed a text amendment to the Zoning Ordinance that would allow the Council to grant variances to single- family, non-conforming structures for expansions subject to any conditions deemed reasonably necessary. Haugen moved, seconded by Stover, to accept the 1st reading of this amendment as corrected changes will be made and returned for a 2nd reading. Motion carried, - 4 ayes, 1 obstain - (Shaw). PARK FUND FEES ORDINANCE #158 Rascop moved, seconded by Gagne, to waive the second reading of this Ordinance and adopt the Park Fund Fee of $500.00 donation for each newly created lot. Ordinance adopted unanimously by roll call vote - 5 ayes. e . e REGULAR COUNCIL MINUTES MONDAY, MAY 14, 1984 Page Five ATTORNEYS REPORT (continued) Prosecutions Attorney Larson submitted a letter to the Council to explain and get in-put on his method of plea negotiations. The Council will review for consideration. Controlled Substances Ordinance Council discussed the "Controlled Substances Ordinance" as submitted by Attorney Larson at the request of the Police Department. Gagne moved, seconded by Haugen, to accept the first reading of this Ordinance and to request on opinion from the Police Department prior to the second reading. Motion carried 4 ayes - 1 abstain (Shaw). Trivesco Agreement Review Council reviewed the "draft agreement" submitted by Paul Steiner and the "draft agreement" submitted by the City Staff. These agreements were drafted from a meeting between staff and Trivesco representatives. Changes were made and will be returned with changes. ADMINISTRATIVE REPORT Year X CDBG Funds RESOLUTION #27-84 Haugen moved, seconded by Gagne, to approve the allocation of CDBG Funds for Year X as approved by the Citizens Advisory Committee as follows: Housing Rehabilitation Comprehensive Plan/Recodification South Shore Senior Center $ 8,032.00 $10,000.00 $ 5,000.00 Motion carried unanimously - 5 ayes. Amesbury West Street Light Request Council approved the installation of a "traditional" street light to be installed at the corner of Bayswater Road at a cost of $255.00. e . e REGULAR COUNCIL MINUTES MONDAY, MAY 14, 1984 Page Six ADMINISTRATIVE REPORT (continued) Water Hook-up Request - 5940 Mill Street Haugen moved, seconded by Gagne, to allow the water connection to the Excelsior system at 5940 Mill Street as requested by St. John's Church, the owners, to include a signed statement accepting any assessments and connections to Shorewood if we install a system of our own. Motion carried unanimously. Water Meter - 6000 Chaska Road A letter was received from J.L. Kakach representing the owner, Dale Sheldon, of the new office building at 6000 Chaska Road, asking to be omitted from installing a water meter in this building. Policy has been that all commercial buildings are to install a water meter on their water source whether its a well or municipal water for the purpose of metered sewer usage. Haugen moved, seconded by Gagne, to instruct the owner to have the meter installed as policy states. Motion carried - 5 ayes. Union Negotiations A letter from AFSCME was received May 14, 1984, stating the desire to enter into negotiations. Council directed the Clerk to inform the union of the absence of an administrator. We will set up a meeting as soon as possible. MAYORS REPORT Barrett Bill The Mayor received another bill from Dr. Barrett for charges incurred for the preparation for the cancelled Work Shop. A request for an itemized bill was answered with a duplicate copy of the original bill. Council authorized payment of $750.00 stating that according to Administrator Uhrhammer at the Council meeting of February 13, 1984, that Mr. Barrett had 10 hours of work in on the Work Shop preparation. Council approved: 10 Hours preparation @ 35.00/hour 8 Hours on February 16, 1984 300 Miles @ .25~ a mile Miscellaneous (phone.) $350.00 $280.00 $ 75.00 $ 45.00 $750.00 TOTAL e . e REGULAR COUNCIL MINUTES MONDAY, MAY 14, 1984 Page Seven MAYORS REPORT (continued) LMCD Ordinance Mayor Rascop informed the Council of a proposed Ordinance to register "Charter Boats" on Lake Minnetonka. COUNCIL REPORT Liquor Store Report Gagne and Stover reported on a $3,000 loss in the first 3 months of this year. There will be a meeting on May 19th with a liquor store consultant. The store manager requested salary increases for the employees. The Council will not authorize salary increases at this time because of the uncertainty of the operation at this time. Council was also informed of the loss of a full-time and part-time person. A new full-time person was already rehired without Council approval. Gagne is to inform the Manager to hire the new person part-time only and add an additional part-time person. The Council officially accepted the resignation of store manager Harry Feichtinger effective July 9, 1984. A retirement party is tentatively set for July 15, 1984. Audit Meeting May 29, 1984, - 6:30 PM. League of Minnesota Cities The League Conference will be held in Duluth. Rascop moved, seconded by Stover to authorize Haugen to attend the conference. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Rascop to approve the claims for payment to be followed by adjournment at 12:20 AM. Motion carried unanimously. General Fund (Acct # 00166) 28648 - 28721 = $236,256.63 Liquor Fund (Acct # 00174) 2045 - 2098 = $ 38,800.34 Respectfully submitted, Sandra L. Kennelly City Clerk !~11~