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021185 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 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, February 11, 1985. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop; Councilmembers Haugen, Shaw, and Gagne. (Stover absent). Staff: Attorney Larson; Engineer Frigaard; Planner Nielsen; AdministratorrVogt; and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Rascop to approve the Minutes of the Traffic Study meeting of January 21, 1985 as written. Motion carried - 4 ayes. Gagne moved, seconded by Haugen to approve the Minutes of the regular Council meeting held January 28, 1985 as corrected in the Official Minute Book. Motion carried - 4 ayes. Haugen moved, seconded by Gagne to approve the Minutes of the Special Council meeting held February 4, 1985, as corrected in the Official Minute Book. Motion carried - 4 ayes. PARK COMMISSION REPORT Gagne reported to the Council on the past Park Commission meeting. The Commission has asked that when the Council meets on the Park Commission meeting nights that the Park Commission be allowed to use the Council Chambers if they have an audience they invited. Park Commission member Carol Butterfield, reviewed the Commission's request from the Police Dept. in exchange for a new Police building to be built on the north side of Badger Park~ the Commission recommended receiving $10,000 in cash and services, as discussed in the Park Minutes of February 4, 1985. Planner Nielsen said that a Conditional Use Permit will also be required to build in this R-3 District. A request for a temporary recreational fire on Sundays at Cathcart Park was granted. This fire is to be under the control of the rink attendant. Park Commission recommended an amendment to Ordinance No. 140 by deleting Subdivision 5-C from the Ordinance and also to delete the helmut rule and temperature (-20 windchill) from the closing rule within the "Park Policy" . . . . MINUTES REGULAR COUNCIL. MEETING MON., FEBRUARY 11, 1985 page two Park Commission Report, continued: Haugen moved to table the amendment to the Ordinance and the deletion of the helmut rule from the Policy until further information can be obtained, seconded by Gagne, motion carried - 4 ayes. Gagne moved, seconded by Rascop to delete the "-20 windchill" for the rink closing policy. Motion carried - 3 ayes, 1 nay (Shaw). CONSENT AGENDA Item A - Weed Inspector Appointment Appointed Mayor Rascop and Dennis Johnson as Weed Inspectors for 1985. Item B - Adopt Well Study Committee By-Laws as submitted. Item C - Set Board of review Meeting for 7:30 P.M. - May 23, 1985. Haugen moved, seconded by Gagne to approve the Items A, Band C as submitted. Motion carried - 4 ayes. I.C.O. SIGN PERMIT REQUEST Tom Wilharm, new owner of the I.C.O. station located at 5680 County Road 19 was present to request a temporary sign. Nielsen recommended approval with the condition that he remove his existing cigarette sign. This will then bring his signs into conformity when the temporary sign is removed. Haugen questioned the conformity of signs at the Village Pump. Nielsen was to talk to Attorney Larson about what can be done for compliance. Haugen moved, seconded by Gagne to approve a temporary sign for 6 weeks contingent on removal of the cigarette advertising sign. Motion carried - 4 ayes. 8:00 PM PUBLIC HEARING RESOLUTION NO. 8-85 ROAD VACATION- EAST EXTENSION OF WEST 62ND STREET A request from ShD~ewood Oaks Development, Inc. to vacate a 33 foot strip of land identified on the plat maps as TOWN ROAD was presented by Geoff Martin. This is a 917+ foot strip extending east from the current West 62nd Street and follows the Shorewood-Chanhassen borderline. The road is not an improvement and is not used as an access to anyones property. Rascop moved, seconded by Gagne to approve the vacation as requested. Motion carried by roll call vote - 4 ayes. Rascop moved, seconded by Haugen to submit a Quit Claim Deed for this property to Shor-8wood Oaks Development, subject to their drawing and filing the Quit Claim Deed. Motion carried - 4 ayes. . . . MINUTES REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 page three WEIGHT RESTRICTION ORDINANCE ORDINANCE NO. 163 Council reviewed the 2nd draft of the Ordinance as submitted. Haugen moved, seconded by Rascop to accept the 2nd reading and adopt the Ordinance as written. The Ordinance was adopted by roll call vote - 4 ayes. FIRE LANE DISCUSSION Brad Nielsen reviewed the recommendations made by the Park and Planning Commissions on Fire Lanes. Gagne felt that the "heated ones'l should have a policy set now and let the others take care of themselves. Haugen moved acceptance as follows: Items 1, 2, 5, and 6 from Planning Commission recommendations. Item 3 from Park Commission recommendations. Item 4 to read: The lanes shall be under City control, and the lanes with recreational uses shall be assigned to the Park Commission and be subject to Park Rules and Regulations. These Items should be sent to the Planning Commission for the drawing of the Ordinance, seconded by Gagne. Motion carried - 4 ayes. FINANCE COMMITTEE REPORT Steve Frazier reviewed for the Council the goals and projects that they would like to pursue. He listed: 1. Quarterly spending, budgets and audit review. 2. Delinquence in utility accounts. 3. Tax rates. 4. Assessment Policy. 5. Metro Sewer charges. 6. Garbage collection methods. 7. Comparable Worth was suggested by Mayor Rascop. 8. Other Council directed projects. Mike Fonte was to be the Committee's liaison to the Council. ATTORNEY REPORTS Cabalka Letter Council discussed the letter dated 2/5/85 received from Attorney Kelly, representing Mr. Cabalka. Haugen moved, seconded by Gagne to begin civil action against Mr. Cabalka to join his lots in order to come into conformity with the Zoning Ordinance as recommended by Attorney Larson. Motion carried - 3 ayes, 1 abstain (Shaw). MINUTES REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 page four . Attorney Reports, continued: . . Special Assessment Policy Information Attorney Larson reviewed some of the changes made by the Minnesota Supreme Court in reference to special assessment projects. He indicated that many projects are paid for by a higher percentage of ad valorem taxes than property assessment because of the proof of equal value added versus assessments charged. ENGINEER REPORTS Change Order No. 1 - Project 84-5G Haugen moved, seconded by Gagne to approve the Change Order No. 1 - Project 84-5G for Wangerin Inc. in the amount of $2,487.80 to be totally charged against the Waterford Project. Motion carried - 4 ayes. Amesbury Water Line Problem Engineer Frigaard reviewed a report written by Engineer Norton in reference to a complaint received by Mr. Berman at 20390 Knightsbridge Road. Norton's report stated that an occasional flushing of his line by running approximately 80 gallons of water through a hose should clear up the colored water. Shaw asked the Engineer to return with a cost to relocate his service from the end to a dual end service with the closest neighbor. Request for Water from Deephaven A request has been received to connect a resident of Deephaven to the Amesbury water system. In reviewing the contract between Shorewood and Deephaven for Amesbury North, this is allowable. Shaw moved, seconded by Rascop to allow the extension from the Amesbury North service area. Motion carried - 4 ayes. PLANNER'S REPORTS Schedule for Zoning Ordinance Study Sessions February 28th - 7:30 P.M. - Thursday March 7th - 7:00 P.M. - Thursday Shorewood Oaks Request Planner Nielsen was asked to get an idea from the Council if they would look favorably on granting a variance of front footage require- ment for one of their lots. Council felt this is a reasonable request and to proceed with the variance request. Review of Commercial Building Permit Requested Country Kitchen would like to begin with interior alterations and will be coming to the Council on a variance request needed for an addition. Rascop moved, seconded by Shaw to approve the issuance of a partical permit. MINUTES REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 page five ~ Planner's Reports, continued: Kuempel Chime has requested to be allowed to install a paint booth in their existing building. The use is in nonconformity with the current zoning. Council would like additional information prior to considering. SILVER RIDGE Planning Commission has seen and reviewed the plans for the Silver Ridge addition submitted by Jim Bruce. (Engineer Frigaard was excused at 9:55 P.M.) ADMINISTRATOR REPORTS Interview Set An Attorney interview was set for Thursday, February 28 at 6:30 P.M. for Glenn Froberg. Audit Letter A letter was received by Matthias, Roebke, & Maiser detailing the terms for the City Audit. Haugen moved, seconded by Gagne to accept the proposal as submitted. Motion carried. ~ Bache Issue At Council request, Attorney Bob Miller reviewed the Bache case. In his determination he did not feel there was sufficient reason to prosecute a person that Bache~~ wanted prosecuted in connection with the matter. Attorney Miller then referred all of the information to a Judge and had Baches also speak to the Judge. He also felt there was not sufficient cause for prosecution. RESOLUTION NO. 9-85 FREEMAN PARK DEED EXCHANGE A Deed exchange with the Minnesota State Highway Department will be necessary for the newly improved access to Freeman Park. The entrance is not located on the portion that the City presently owns and the Deed exchange will correct this problem. Haugen moved, seconded by Gagne to exchange Deed as needed to correct access ownership to Freeman Park. Motion carried by roll call vote -4 ayes. DAYTON/BRUCE PARK ACQUISITION A response to the City's offer was received from Jim Bruce. He will accept the City's offer of $89,000 subject to forgiveness of Park Fund fees for his Silver Ridge Addition (9 lots at $500 each = $4,500). ~ Gagne moved, seconded by Rascop to accept Bruce's offer as submitted. Shaw offered an amendment to increase the total offer by the Park Fund fee amount of $4,500, this would keep the subdivision and the park purchase issue separate from each other as originally requested by Bruce. ~ ~ ~ MINUTES REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 page six Dayton/Bruce Park Acquisition, continued: Then the Park fees will be paid with the subdivision. Gagne and Rascop accepted the amendment. Motion to offer $93,500 was approved by roll call vote - 3 ayes, 1 abstain (Haugen). Administrator Vogt informed the Council that Hennepin County Local Road Aid will pay the $15,000 purchase price for the extension of a new collector road to be lcoated on a portion of the Dayton/Bruce property. CIGARETTE LICENSES Haugen moved, seconded by Rascop to approve the Cigarette License for Country Kitchen for 1985. Motion carried by roll call vote to be included in Resolution No. 2-85 - 4 ayes. MAYOR'S REPORTS LMCD meeting will be held at Tonka Bay City Hall, Wednesday, February 13, to hear a request for dockage of a 100+ foot boat. Liquor Store II lease has been extended for one additional year at current rates. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Rascop to adjourn the regular Council meeting of February 11, 1985 at 10:28 P.M. subject to approval of claims for payment. Motion carried - 4 ayes. General Fund (Acct. # 00166) Liquor Fund (Acct. # 00174) Respectfully submitted, 4Z#ff~ Sandra L. Kennelly City Clerk