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052885 CC Audit MinCITY OF SHOREWOOD MAY 28, 1985 AUDIT MEETING REGULAR COUNCIL MEETING M I N U T E S CALL TO ORDER COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 P.M. 7:30 P.M. The Audit Review and Regular Council Meeting of the City of Shore- wood was called to order by Mayor Rascop at 6:30 P.M. for the pur- pose of an Audit Review to be followed by the Regular Council meet- ing at 7:30 P.M., Tuesday, May 28, 1985, in the Council Chambers. AUDIT REVIEW MEETING RO LL CALL Present: Council - Mayor Rascop, Councilmembers Gagne, Shaw, Stover(, / and Haugen. (Arrived at 7:10 P.M.) Staff - Auditor, James Maiser, Finance Committee Member, Steve Frazier, Finance Director, Beck, Administrator Vogt, and Clerk Kennelly. • Regular staff arrived for the regular meeting at 7:30 P.M. Attorney Froberg, Engineer Norton, and Planner Nielsen. Mr. Maiser of the city "s auditing firm, Matthias, Roebke, and Maiser, reviewed the audit and the management letter. He informed the Coun- cil of non - collected assessments over the past six to seven years totaling $235,245 and 3.3% of the 1984 taxes are delinquent. The Council discussed accumulatedsick leave, comparable worth, and overtime pay. They also discussed the possibility of a sewer rate increase due to the large increase in charges from the Metro Sewer Waste Control. Maiser recommended that a yearly update be done on the Special Assessment projects, The Finance Committee will be study- ing the delinquent assessment rolls in June. Acceptance of the 198 Audit Gagne moved, seconded by Shaw, to accept the 1984 Audit as submitted. Motion carried unanimously. 5 Ayes. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the regular council meeting with the Pledge of Allegiance and a prayer. • Regular Council Meeting 2 - May 28, 1985 • APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the minutes of the Special Meeting of May 6, 1985, with an addition to the roll call list. Motion carried - 5 Ayes. Haugen moved, seconded by Gagne, to approve the minutes of the Regular Council Meeting of May 13, 1985 with a clarification to the "Dock Installation" motion. Corrections will be made in the official minute book. Motion carried unanimously. PLANNING COMMISSION REPORT The Commission reviewed requests from Our Saviour's Lutheran Church for a C.U.P. and G&R Construction at 5580 County Road 19 for rezon- ing and C.U.P. They also finalized their recommendation on the pro- posed Zoning Ordinance. PARK COMMISSION R EPORT The Commission continued their on -site inspection of new and exist- ing Park properties. CONDITIONAL USE PERMIT Our Saviour's Lutheran Church . 23290 State Highway 7 RESOLUTION NO. 35 - 85 Our Saviour's Lutheran Church has made a request for a C.U.P. to expand their facility to accomodate an elementary educational school addition. Gagne moved, seconded by Stover, to grant the C.U.P. according to the recommendations listed in the Planner's report dated May 17, 1985 with item #2 to read: "Signage should be brought into compliance prior to the issuance of the occupancy permit." C.U.P, granted by roll call vote - 5 Ayes. REZONING TO R.C. 5580 County Road 19 ORDINANCE NO. 167 CONDITIONAL USE PERMIT RESOLUTION NO. 36 - 85 Gary Lindgren, President of G&R Construction Company Inc., was present to make his request for rezoning from R -4 to R. -C. for an Office Building at 5580 County Road 19. This request will also need a C.U.P. grant. Council discussed with staff. Mr. Lindgren plans to phase the installation of the parking lot over a year's time. Mr. Lindgren felt this provides for a natural settling base. Planner Nielsen was not in favor of the phasing but suggested that the City obtain • a letter of credit to be held until the completion of parking lot. Regular Council Meeting - 3 - May 28, 1985 Gagne moved, seconded by Haugen, to waive the second reading of the Ordinance and adopt an amendment to Ordinance #77 and rezone the property located at 5580 County Road 19 from R -4 to RC. Ordinance was adopted by roll call vote - 5 Ayes. Stover moved, seconded by Gagne, to grant a C.U.P.1in accordance with the Planner's recommendations and to allow an extension to November 15, 1986, for the completion of the parking lot with a "letter of credit" to cover those improvements also to grant a rear yard set -back variance of 28'. Resolution was adopted by roll call vote - 5 Ayes. INTERIM ZONING ORDINANCE ORDINANCE NO. 168 Planner Nielsen submitted a list of nine changes to be incorpor- ated into the new Zoning Ordinance (This list is contained in his May 21, 1985 staff report). Council discussed items 1 thru 3, referring to zoning changes due to requests of owners, and a petition submitted from residents of Shady Island. Stover moved, seconded by Gagne, to change the proposed zoning of Shady Island from R -1C to R -1B as requested by the residents petition. Motion carried - 3 Ayes to 2 Nayes - (Shaw and Haugen). Council reviewed at length the nine items and felt that continued • discussion and study of these areas were needed before final adop- tion of the entire Ordinance. They felt that adoption of an "Interim Ordinance was in the best interest of the City as recom- mended by the Planning Commission and Planner Nielsen. Stover moved, seconded by Gagne, to accept this as in Interim Ordinance to include the zoning changes in items 1 thru 3 and to continue study on items 4 thru 9. Motion was denied. 3 Nayes 2 Ayes. (Gagne and Stover). Gagne then moved, seconded by Rascop, to accept the zoning changes in Item #3 from R -1C to R -1B and refer all other items for addi- tional study. Motion carried 4 Ayes - 1 Naye (Shaw): Stover moved, seconded by Haugen, to accept the PlenninQ_Commis- sion recommendation to adopt the new Zoning Ordinance dated April 1985, as a "Interim Zoning Ordinance" pursuant to Minnesota Statutes - Section 462.355, Subdivision 4 for a period of six months from the above date, at which time these items will be clarified and a final Ordinance can be adopted. Interim Ordinance was adopted by roll call vote - 4 Ayes to 1 Naye (Shaw). PLANNER "S REPORTS GARDEN PATCH C.U.P Council directed Nielsen to inform the Garden Patch of the expira- tion on June 9, 1985 of their C.U.P. to operate their business at • 23425 Smithtown Road. This notification will also inform them that they are in violation of their permitted uses listed in their C.U.P. They will have to address this matter at the June 10 ,,meeting for the continuation of their operation and seize doing business on June 9, 1985 as stated within the C.U.P. Regular Council Meeting - 4 - UPPER LAKE MINNETONKA YACHT CLUB May 28, 1985 Nielsen was requested by Council to determine if the Yacht Club was in compliance with their Yacht Club use. Nielsen stated that the original permit is somewhat vague, but the only viola- tion at this time is on -land storage of boat lifts. Council directed him to relay a letter informing them of the violation. REQUEST FOR INCIDENTAL USE OF PUBLIC PROPERTY A request has been received from Elliot Cobb of 5615 Covington Road to install a 3' high permanent rock wall within the City's road right -of -way at the entrance to his driveway. Attorney Froberg urged caution in granting permanent structures on road right -of -ways. Public Works Director, Zdrazil, was in opposi- tion because of the difficulty of snow cover up for plowing. Shaw moved to table and request a revisional plan eliminating any structures from road right -of -way. Seconded by Haugen - Motion carried - 5 Ayes. 1985 STATE BUILDING CODE ADOPTION Shaw moved, seconded by Gagne, to adopt the 1985 State Building Code and the 1982 Uniform Building Code by reference as recom- mended by Building Inspector Nielsen. Motion carried unanimously, 5 Ayes. APPROVAL OF LIQUOR LICENSE - SUNDAY SALE AND OF SALE NON-INTOXICATING MALT LIQUOR LICENSE R NO. 37 - 85 Shaw moved, seconded by Gagne, to approve the following licenses: for renewal effective.June 1, 1985 subject to required insurance coverages 1. Plaza Tom Thumb - Off Sale 3.2 Malt 2. Skipperette - Off Sale 3.2 Malt 3. Driskills Super Valu - Off Sale 3.2 Malt 4. American Legion Post #259 Club License and Sunelay`Sale 5. Minnetonka Country Club - Liquor License and Sunday Sale PUBLIC WORKS DEPARTMENT EMPLOYEE Cost estimates for a part -time man for the road department were submitted. Public Works Director, Zdrazil, was present to re- quest the replacement of the 6th man in his department. He stated the need for that man to maintain the current level of services, preventative maintenance, safe and proper snow plow- ing and park maintenance. Rascop and Shaw felt that when Muni - tech was hired that it should have eliminated the need for the sixth man. Ccsts were discussed and determined that the monies • to pay a sixth man could come out of the Public Works Depart- ment Budget. Regular Council Meeting - 5 - 0 Gagne moved, seconded by Stover, to approve sixth man for the Road Department and return amendment to the Public Works Department to of the sixth man. Motion carried - 3 Ayes, 1 Naye (Rascop) MAY 28, 1985 the hiring of the with a budget cover the salary 1 Abstain (Shaw) ORDINANCE NO. 169 Administrator Vogt indicated that a letter was sent to the City of Minnetonka on May 24, 1985 requesting a temporary water connection to service the Trivesco project. Attorney Froberg reviewed for the Council various changes that were made from the last draft. Rascop had concerns that if the City was petitioned to take the water sys- tem in the future, that the contingency fund for repairs would also be transferred to the City. Mr. Mason indicated that it would not be established until the installation was made and that it would not ever exceed $10,000. This money would be transferred with the com- pleted water system as specifications have now been agreed upon. Shaw moved, seconded by Haugen, to adopt the Water Franchise Ordi- nance to include all revisions as they were made, and to authorize the Mayor to approve the final draft of the Ordinance by signing that document. The Ordinance was adopted by roll call vote - 5 Ayes. WATERFORD - WATER FRANCHISE ATTORNEY'S REPORT NEPHEW LAWSUIT Attorney Froberg stated that the City's Insurance carrier, Home Insurance Company, will represent the City in the Nephew suit with the right to settle at their discretion. Haugen moved, seconded by Gagne, to authorize the Administrator to sign a letter whereby the Home Insurance Company will provide a defense for the City, subject to a reservation of rights. Motion carried unanimously - 5 Ayes. WATERFORD ACCIDENT INFORMATION Attorney Froberg informed the Council of the receipt of a letter stating that the City may be named in a suit if they determine that they feel the City may have been negligent in the accident that caused a death on the Waterford project. ENGINEER'S REPORT LIST OF ROAD IMPROVEMENTS AND COSTS Council discussed possible ways to have the street roads repaired including assessing benefited properties. There is approximately $100,000 for road improvements. The cost estimate presented in • the Engineer's list of six areas is around $600,000. Council requested the Engineer to return with a total cost esti- mate for all his items, including #4 - Wedgewood. He also direct- ed the Public Works Director to whatever may be necessary to make Cathcart driveable until a final determination can be made as to project improvement. Regular Council Meeting - 6 - May 28, 1985 Is Rascop moved, seconded by Gagne, to authorize the expenditure of $750 to $1,000 to core drill Wedgewood to determine whether it was originally installed according to the City Engineer's specifications. Motion carried - 3 Ayes, 1 Naye, (Shaw) and 1 Abstain - (Stover). SEAL COATING Engineer Norton confirmed that approximately $10,000 is in the budget for road seal coating. He will return with his recom- mendations for this year's project. ADMINISTRATIVE REPORTS APPLICATION TO JOIN HENNEPIN COUNTY G ROUP PROGRAM RESOLUTION NO. 38 - 85 Rascop moved, seconded by Stover, to adopt a resolution request- ing participation in the Hennepin County Group Insurance Program. Motion carried - 5 Ayes. EMERGENCY MUTUAL AID RESOLUTION NO. 39 85 A resolution draft has been submitted that would authorize dis- patching City Equipment and Services by the Administrator to other cities if needed, in an emergency situation. is Gagne moved, seconded by Haugen, to approve the resolution as submitted. Motion carried - 5 Ayes. REQUEST FOR PAYMENT ( Stalland) A request from Mr. and Mrs. Stalland of 4995 Sussex Place was submitted for payment to Thompson Plumbing in the amount of $44.95. They feel the City is responsible for their faucet becoming plugged, according to the plumber, because the water had been turned off. Council denied the request and directed the Administrator to inform the Stallands and if they are not in agreement they can go before the Council and respond. APPOINTMENT TO WEST HENNEPIN HUMAN SERVICES The Human Services Board is looking for appointments from the City. Council directed the Clerk to work with the Board and request the City newspaper to note a request for volunteers. SPEED LIMIT POSTING Administrator Vogt received a complaint of signage and non- inforcement of the speed limits on Enchanted Lane. Vogt referred to the Minnesota Department of Transportation letters on speed.limits and would like to obtain additional information to return to the Council and direct the Police Department to • add additional patroling to that area. Regular Council Meeting - 7 - May 28, 1985 Is CORRIDOR STUDY MEETING • Norton said the Metro Council will be having a Highway 7 Corri- dor Meeting at the Minnetonka planning office at 1:30 P.M., June 20, 1985. MAYOR'S REPORT The Police Meeting will'i,be held at City Hall on May 29, 1985. COUNCIL REPORTS Council would like to study the possibility of a Solicitors Ordinance. A Zoning Ordinance and Junk Ordinance violation notice is being delivered by the Police and certified mail to Mr. Blood on May 29, 1985. Haugen has requested that the Council direct the City Attorney to review the findings of facts and determine what rights the city has in controling the Snug Harbor former Shorewood Yacht Club. The file will be submitted for the Attorney's review. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Haugen, to adjourn the Regular Council meeting of May 28, 1985 at 12:17 A.M., May 29, 1985, subject to the approval of claims for payment. Motion carried - 5 Ayes. General Fund - Acct #00166 -02 Checks 30514 - 30566 Liquor Fund - Acct #00174 Checks 3419 - 3467 Respectfully submitted, Sandra L. Kennelly City Clerk Mayor ..