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062485 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 24, 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, June 24, 1985 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayo(lj Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Councilmembers - Mayor Rascop, Haugen, Shaw, Stover, and Gagne Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. . MATTERS FROM THE FLOOR FIRE CRACKER RUN ~- APPROVAL Terry Jensen,manager of Haskells Lounge, is requesting permis- sion to use Shorewood Toads for their annual "Fire Cracker Run", a 10K race. She submitted a map showing the proposed route. They will be using Minnetonka Boulevard, St. Albans Bay Road, Manor Road, and Knightsbridge Road. Haugen moved, seconded by Rascop, to approve her request to include notifying the Amesbury Association of the race. Motion carried - 4 ~yes - 1 Naye (Stover). SWIMMING POOL REQUEST Robert Nelson, 6140 Pleasant Avenue, presented a request to in- stall an "above ground" swimming pool that will be fenced in as requi~ed by the Ordinance. Council postponed action until additional information can be obtained from staff. . JUNK COMPLAINT Mrs. Jan Towne, 24740 Smithtown Road, was present to make a complaint about the junk on 24590 Smithtown Road and the resi- dent across the street from the Townes. She stated that their house is up for sale and their real estate appraiser told them that their property was devaluated because of the surrounding properties, and she wants these properties cleaned up immedi- ately. She is not satisfied with the manner in which the city has responded to her complaint, nor the progress that has been made on the clean up. REGULAR COUNCIL MEETING - 2 - JUNE 24, 1985 . JUNK COMPLAINT (Continued) Planner Nielsen reviewed the steps that have been taken to date and the progress that has occurred. He indicated that a follow up letter will be sent to the resident across the street and the other issues will be turned over to the City Attorney. QUESTION ON RECREATIONAL VEHICLE ORDINANCE Mr. Bob Reutiman questioned how the City was going to regulate the R.V. Ordinance. Staff indicated that we would respond to citizen complaints and not intentionally look for violators. Reutiman did not feel that citizens should have to complain if an ordinance was in effect. Gagne felt the "passive control" should be maintained. . REQUEST FOR BUILDING PERMIT ~ BERNARD WHETSTON Curt Christensen, contractor, presented a request for Bernard Whetston, 5835 Eureka Road, to add a bathroom and remodel to his home for a handicap facility. This is necessary for the care of Mrs. Whetston. Planner Nielsen explained that a variance was needed to add on because the existing structure is nonconforming, does not meet setback, and there is a nonconforming use because of the current business use being operated at the location. A "junk complaint" letter has also been sent asking for compliance to the ordinance. Mr. Christensen stated that he was willing to hold off his building permit request until the clean up violation has been satisfied. Nielsen still referred to the business use being nonconforming. Resident, Pat Gorecki, asked what business could be operated from the requested bathroom addition. Attorney Froberg stated that a determination should be made on whether the de, ,minimis rule could apply to the business use at this residence; it may be so minimal as to not be worthy of recognizing. Nielsen indicated that if a C.U.P. was deemed unnecessary a variance was still needed for the expansion. Gagne felt Mr. Whetston should continue by requesting a Public Hearing for the needed variance. Rascop moved, seconded by Haugen, to direct that a Public Hearing be set to hear Mr. Whetston's request at the City's expense due to the economical hardship of this case. . TEMPORARY SIGN REQUEST Gary Lindberg made a request for the placement of a sign that meets the requirements of the Ordinance, to be placed at 5980 County Road 19. Haugen moved, seconded by Gagne, to approve the request as sub- mitted. Motion carried - 5 Ayes. . REGULAR COUNCIL MEETING - 3 - JUNE 24, 1985 NAEGELE SIGN ISSUE Bob Reutiman questioned the progress of the Naegele Sign Issue. Attorney Froberg will return with that update at the next meeting. Mr. Reutiman also questioned, what ever happened to the bus shelter that was to be donated by Mr. Driskill for placement at Echo Road and Country Club Road. APPROVAL OF MINUTES - JUNE 10, 1985 Stover moved, seconded by Gagne, to approve the Regular Council Meeting Minutes of June 10, 1985 as submitted. Motion carried - 5 Ayes. . FINANCE COMMITTEE Chairman Steve Frazier introduced the members present, Kathy Francen, Kathy Amlaw, Mike Fonte, and Maria Malooly. The Committee submitted a report dealing with: 1. Delinquent taxes and Special Assessments 2. Comparison of Costs with other cities. 3. Recommendations to cut costs. Ms. Francen reviewed the delinquent tax issue and Ms. Malooly reviewed the com- parison cost issue. Comments were received from Park Commissioner Jakel in support of the need for all of the current staff. Rascop questioned some of the information submitted. Administrator Vogt correc- ted the total mill rate used in the report. Council thanked the Committee for their report. Gagne suggest- ed a meeting be set to discuss their recommendations. . PARK COMMISSION REPORT Commissioner Jakel reported on the on-site inspection with Engineer Norton of the water problems on the "Waterford" park property. The Engineer informed them of the drainage pipes to be installed in the adjoining property, (Covington- Vine Ridge) and the possibilities of extending that line 200' to service and drain the park property. This park property was purchased by the city and title transferred today. This could take care of the problem of drainage on this property and allow various options for improving the park. A complaint has been received from the operators of the BMX track. The track is being torn up by people cutting the locked cable to enter the track and racing 3 wheelers and motorcycles on track. Council suggested to alert the police department for additional patroling. Council directed staff to obtain a contract with the Tonka United Soccer Association for the use of the city parks. (P.O. 1004 - Minnetonka). . REGULAR COUNCIL MEETING - 4 - JUNE 24, 1985 PUBLIC HEARING - GIDEONS ORCHARD P.U.D. CONCEPT STAGE APPROVAL RESOLUTION NO. 46-85 The Public Hearing was opened at 9:20 P.M. to hear a request from Kristin Spencer-Barney, representing Gideon's Orchard. Her request is for P.U.D. Concept Stage approval to construct a 39 unit condo- minium project to be located at 5620 County Road 19. Public comments were received from, Joe Gorecke questioning prev- ious approval. Nielsen indicated that new applicants constitute a new hearing. Robert Reutiman questioned density - 6.99 units per acre. Mayor Rascop closed the public portion of the hearing, after calling for additional public comments and receiving none, at 9:23 P.M. A Planning Commission member had recommended that the City Engineer determine the size of drain pipe under County Road 19 to insure proper drainage. Engineer Norton did not feel that the pipe was designed to accommodate that drainage. Gagne moved, seconded by Stover, to approve the P.U.D. Concept Stage. Motion carried by roll call vote - 5 Ayes. COUNCIL BREAK 9:28 - 9:40 P.M. . STOP SIGN REQUEST A petition has been received to install a "stpp: s;i;gn" north bound on St. Albans Bay Road at Manor Road. A recent stop sign was in- stalled by the City of Greenwood on the south bound side of the intersection. Stover moved, seconded by Gagne, to approve the installation of the stop sign immediately and obtain recommendations from Police, Engineer, and,Public Works. To be discussed at a later date. Motion carried - 5 Ayes. Clerk Kennelly presented a letter received from Mrs. Ann Meldahl, 6180 Cathcart Drive, for a stop sign at south bound Cathcart Drive and West 62nd street. Council tabled until a petition ~s received. NYGAARD-HOLMBERG SIMPLE SUBDIVISION REQUEST Mr. Holmberg withdrew his request for simple subdivision at this time. SIMPLE SUBDIVISION - R. W. REUTIMAN RESOLUTION NO. 47-85 . A request has been received to subdivide the property North of 24000 State Highway 7 on Lake Linden Drive. The owner, Robert Reutiman, questioned the need of the staff to require grading plans prior to approval of the subdivision. He stated that they have no current plans for the lots. The Engineer has reviewed the plans and recommends, for traffic safety, that one driveway be used to service both properties. Haugen moved, seconded by Stover, to approve the subdivision sub- ject to one driveway access to service both properties; legal de- scription submitted to include cross easements granted to each of the properties; park fund fees; and acceptance of sewer assess- ments. Motion carried by roll call vote - 5 Ayes. REGULAR COUNCIL MEETING - 5 - JUNE 24, 1985 . MURFIN PROPERTY SALE R. W. Reutiman asked if the Council had determined whether to buy a portion of the Murfin property (Village Pump) that adjoins the City property. Shaw moved, seconded by Stover, to table this issue until the next meeting and further information can be reviewed by the Council. Motion carried, 4 Ayes? - 1 Naye (Gagne). ATTORNEY'S REPORT SOLICITATION ORDINANCE DISCUSSION Attorney Froberg reviewed two types of Solicitation Ordinances. The Ordinance would prohibit solicitation but the resident would have to post a sign on their homes against solicitation. The second method would have the City regulating and licensing solici- tation within the City. Council had various opinions on what type they preferred. Questions on the city's liability and enforcement were asked. Haugen would like to discuss the Ordinance and enforcement at the July 8th Council Meeting and have the Police Chief report on the enforcement of this Ordinance. . RADISSON INN ADDITIONN~ LOT 11 A building permit application has been received for Lot 11, Radisson Inn Addition. Due to the history of this lot, the Council requested the developer to have a legal opinion done on the buildability of this lot. Attorney Froberg reviewed an opin~ ion made by his assistant, Paul Ahern. He concluded that the lot was buildable if setbacks could be met and a C.U.P. could be ob- tained for sub-standard lot size. Shaw moved, seconded by Haugen, to table until additional infor- mation can be obtained. Motion carried ~ 5 Ayes. Stover felt additional Attorneys' opinions should be requested. INTERIM ZONING ORDINANCE DISCUSSION Attorney Froberg called attention to the fact that the new Interrm Zoning Ordinance does not prohibit the sale of adjoining substan~ dard lots under the same ownership as the previous Zoning Ordinance did. Stover moved, seconded by Gagne, to direct the new draft of the Subdivision Ordinance to include prohibiting the sale of substan- dard lots listed under the same owner. Motion carried. . APPROVAL OF INTERUM ZONING ORDINANCE SUMMARY Gagne moved, seconded by Stover, to approve the Interim Ordinance Summary of Ordinance #168 and direct the summary to be officially published. Motion carried - 4 Ayes, 1 Naye (Shaw). . REGULAR COUNCIL MEETING - 6 - JUNE 24, 1985 APPOINTMENT OF ZONING ADMINISTRATOR Shaw moved, seconded by Gagne, to appoint Planner Brad Nielsen as the City Zoning Administrator. Motion carried - 5 Ayes. SIGN PERMIT - MINNESOTA DEPARTMENT OF TRANSPORTATION Minnesota Department of Transportation has approved a sign to be placed on State Highway right-of-way at Highway 7 and Highway 41 for business in St. Bonifacius. This request cam~ because of the road work presently being done to the highway. Rascop moved, seconded by Haugen, to approve the request for that temporary sign at that location. Motion carried - 5 Ayes. ENGINEER'S REPORT . APPROVAL OF CHANGE ORDER #1 ~ Project 84~2 Engineer Norton recommended approval of the Change Order that deletes road originally planned for Manor Road. Gagne moved, seconded by Stover, to approve Change Order #1 - Project 84-2 (Valley Paving Incorporated). Motion carried, 5 Ayes. APPROVAL OF CHANGE ORDER #4 7 Project 8475 Engineer Norton recommended approval of Change Order #4 - Project 84-5 to extend the completion 30 days to August 1, 1985 to Kenko Incorporated. Haugen moved, seconded by Shaw, to approve the request for a 30 day extension to August 1, 1985. Motion carried, 5 Ayes. APPROVAL OF PAYMENT ~ VOUCHER #4 - Project 84-5 Engineer Norton recommended approval of Payment Voucher #4 to Kenko Incorporated on Project #84-5 in the amount of $62,115.85. Gagne moved, seconded by Haugen, to approve for payment Voucher #4 as requested. Motion carried 5 Ayes. CATHCART AREA STORM SEWER UPDATE The information is being put together ~ystaff. A staff meeting has been set for 2:30 P.M., June 26, 1985 to coordinate additional information. . DEPARTMENT OF NATURAL RESOURCES 7 REQUEST FOR ACCESS INFORMATION Engineer Norton asked for direction on a request from the DNR for information from him in regards to the Christmas Lake Access. Council directed Norton to get them the information only on the condition that the DNR will pay for his time. REGULAR COUNCIL MEETING - 7 - JUNE 24, 1985 . REQUEST FOR INFORMATION -NEPHEW SUIT Engineer Norton has reviewed a request from the City's Insurance carrier (Home Insurance Company) for his files on the Nephew area drainage problem. Council approved the request. SEALCOATING BIDS Due to the great deal of work on street patching left to be done on the roads this season, Public Works Director Zdrazil would like the sealcoating bids to include the contractor doing the patching. Zdrazil felt the cost of contracting this job would be comparable to the crews cost and that then would allow the crew the time to complete other needed patching jobs in the City. Stover moved, seconded by Gagne, to direct the preparation of seal- coating bids with alternate bid for patching work. Motion carried, 5 Ayes. COUNCIL BREAK 11:32 - 11:37 ADMINISTRATIVE REPORTS WEST HENNEPIN HUMAN SERVICES BOARD APPOINTMENTS . Gagne moved, seconded by Haugen, to appoint Rammona Emmer and Henry Carson to represent Shorewood on the West Human Services Board. Motion carried, 5 Ayes. PUBLIC WORKS APPOINTMENT The new appointment of this position should be recommended to Council member Shaw and then brought to the Council for approval. Due to the large amount of applications on file, the Council does not feel that this position needs to be advertised for. LLOYD BACHE COMPLAINT Mr. & Mrs. Bache expressed their opposition to the determina- tion, made by the Attorneys and Judges in the'ir case. c They want another Judge to review the case. Mayor Rascop and Council will not proceed with any additional action referring to this case. DROP BOX PURCHASE Administrator Vogt has received quotes on the installation of a "drop box" to be placed at City Hall. Gagne suggested to obtain additional quotes. ~ REGULAR COUNCIL MEETING - 8 - JUNE 24, 1985 . MAYOR'S REPORT METRO WASTE BUDGET MEETING Council directed Administrator Vogt to attend the Metro Waste Budget Setting Meeting. COMPLAINT ON CITY PROPERTY A letter has been received requesting the City to clean up property owned by the City of Shorewood, next to the Minne- washta Church. The Council directed the staff to proceed with the clean-up. LAKE MINNETONKA CONSERVATION DISTRICT The DWI issue, driving a boat while intoxicated, has been dropped for now. They have decided that no additional Liquor Licenses will be issued to common carriers on the lake. COUNCIL REPORT . CABLE COMMISSION Gagne reported Dow-Sat will be sending checks to the cities with- in the Cable area, for reimbursements of expenses, as soon as they can come to an agreement with all the cities on the expense lists submitted. The Commission feels the twelve (12) cities that have been approved should receive that fund now and the final settle- ment with the other two (2) cities can be reached later. LIQUOR STORE Inventory will be held July 1, 1985 for the Liquor Stores. MEETING DATE Council will meet at 6:30 P.M. on July 8, 1985 to discuss the Administrative review. Joint meeting with the Finance Committee #nd Council, will be held Wednesday, July 24, at 7:30 P.M. COMMUNITY SERVICE Shaw reported that the "Rent a Teen" program is set up through the Community Service. You may contact them at 474-7784. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Haugen, to adjourn the Regular Council Meeting at 12:10 P.M., June 11, 1985, subject to approval of claims for payment. Motion carried, 5 Ayes. . General Fund - Acct #00166-02 Checks 30635-30697 =$296,012.52 Liquor Fund - Acct #00174- " 3518- 3575 33,079.77 Respectfully submitted, 6~~~/ Sandra L. Kennelly, City Clerk Mayor Rascop