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081285 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 12, 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, August 12, 1985 in the Council Chambers. PLEDGE OF ALLEGIANCE & PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne, & Haugen. Staff: Attorney Froberg, Engineer Mogan, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. . APPROVAL OF MINUTES REGULAR COUNCIL MEETING - JULY 22, 1985 Gagne moved, seconded by Shaw to approve the minutes of the Regular Council Meeting of July 22, 1985 as corrected. Motion carried - 5 Ayes COUNCIL FINANCE COMMITTEE MEETING - JULY 24, 1985 Shaw moved, seconded by Haugen to approve the minutes of the Joint Meeting as written. Motion carried - 5 Ayes. SPECIAL COUNCIL MEETING - AUGUST 1, 1985 Shaw moved, seconded by Gagne, to approve the minutes of the Special Meeting held August 1, 1985 as written. Motion carried- 4 Ayes, 1 abstain (Stover - absent at that meeting.) CONSENT AGENDA PARK COMMISSION APPOINTMENT - KEN VOGEL Mr. Ken Vogel has been appointed to the Planning Commission vacancy created by teh resignation of Carol Butterfield. The term will expire 12/31/85. M.D.A. FUND RAISER RACE . Council approved the course to be used for the M.D.A. Fund Raiser. Gagne moved, seconded by Stover, to approve the items on the . . . REGULAR COUNCIL MEETING - 2 - AUGUST 12, 1985 CONSENT AGENDA (CONTINUED) Consent Agenda as requested. Motion carried - 5 Ayes. PLANNING COMMISSION REPORT PLANNING COMMISSION APPOINTMENT - MRS. PAT MASON Council reviewed the applications for the vacancy on the Planning Commission. Council discussed the possibility of expanding the Commission and adding at large members. Council took no action to change the current 7 member Commission. Stover moved, seconded by Haugen, to appoint Mrs. Pat Mason of 4925 Sussex Place to replace Mary Boyd. This term will expire 12/31/87. Motion carried unanimously - 5 Ayes. PARK COMMISSION'S REPORT Commission member, Gary Carl, reported to the Council of the resignation of Richie Hemping, due to health reasons. Carl requesting that the Commission be kept up to date on the current budget expenses and revenue balances. Haugen moved to accept the resignation of Mrs. Hemping, and to direct that a letter of thanks be sent from the Mayor and City, seconded by Gagne. Motion carried - 5 Ayes. Carl reviewed a meeting with the Tonka Men's Club and the South Tonka Little League. These organizations have offered funds to up-grade and add additional ballfields to Freeman Park. The work would be done by the Hennepin County Vocational School with funds to come from the various associations and fill from the near by Shorewood Oaks project. Further information will be obtained for these improvements. PAUL NELSON - C.U.P. - VARIANCE REQUEST Mr. Paul Nelson of 27120 Edgewood Road was present to request a C.U.P. to expand a non-conforming structure and a variance to a side line setback. Stover moved, seconded by Gagne, to approve the C.U.P. to expand a non-conforming structure and deny the variance request. Motion was denied - 2 Ayes (Gagne and Stover), 3 Nayes. RESOLUTION NO. 61-85 Stover moved, seconded by Haugen, to approve the C.U.P. to expand a non-conforming structure within the regulations of the Zoning Ordinance. Motion carried - 5 Ayes. . . . REGULAR COUNCIL MEETING - 3 - AUGUST 12, 1985 PAUL NELSON - C.U.P. - VARIANCE REQUEST (CONTINUED) RESOLUTION NO. 61A~85 Haugen moved to grant a setback variance of 8' to the side line, seconded by Rascop. Motion was denied by roll call vote - 4 Nayes, 1 abstain (Haugen). SIMPLE SUBDIVISION - ROBERT PICHA RESOLUTION NO. 62~85 Mr. Robert Picha of 5930 Seaman's Drive was present to request a simple subdivision of 3 lots. Haugen moved, seconded by Stover, to approve the simple sub- division in accordance with compliance of items 1-6 of Planner's Report dated August 1, 1985. Motion carried by roll call vote - 5 Ayes. CREPEAU C.U.P. AND REZONING REQUEST Charles Crepeau reviewed drawings of proposed improvements to his property at 23425 and 23445 Smithtown Road. The Garden Patch and Crepeau Docks are currently doing business at those locations under a C.U.P. Planner Neilsen requested a more detailed sketch of new curb cuts and plans for the island or barrier along County Road 19. Mr. Crepeau has requested rezoning of the property from R-5 to C-4. He would like to not have to black top his parking area as required by the C-4 zoning. He feels the financial buried caused by the compliance of the paving and concrete curbing on poor soil base is more than he can economically afford. Planner Nielsen indicated that it is a requirement of the C-4 zoning. REZONING OF CREPREAU PROPERTY ANDC~4 -ORDINANCE NO. 170 Stover moved, seconded by Gagne, to approve the property identified as the "Crepeau property" from R-5 to C-4 zoning. Zoning Ordinance Amendment was adopted by roll call vote - 4 Ayes, 1 Nay (Shaw). C.U.P. REQUEST Planner Nielsen felt that additional information is needed before a C.U.P. can be issued: 1. Dimensioned site plan defining all used areas including outdoor storage, sales display, and parking areas. 2. Professional landscape plan. 3. Signage plan and Building elevations. REGULAR COUNCIL MEETING - 4 - AUGUST 12, 1985 . CREPEAU C.U.P. REQUEST (CONTINUED) Rascop moved, seconded by Haugen to extend the existing C.U.P. to the next Council meeting and to obtain additional information as previously issued. Motion carried - 5 Ayes. ZONING ORDINANCE AMENDMENTS (SIGN) ORDINANCE NO. 171 A draft Ordinance was presented that would allow larger construction signs to be posted in a P.U.D. Stover moved, seconded by Gagne, to waiver the second reading of the Ordinance and adopt the Ordinance as submitted. Ordinance adopted by roll call vote - 5 Ayes. REQUEST FOR WATER SERVICE Michael Kraemer of 5425 Timber Lane has asked permission to extend the Tonka Bay Water System from Brentwood Avenue to service his home. This request was granted in September of 1980 and not completed at that time. . Gagne moved, seconded by Stover, to grant permission to extend the line at his expense and sign a statement agreeing to accept an assessment for water when and if Shorewood installed a system. Motion carried - 5 Ayes. PLANNER'S REPORT COMPLAINTS: MINNETONKA COUNTRY CLUB - Inspection of a vacant lot owned by Minnetonka Country Club was made. Nielsen found only stock piling of gravel and materials for the operation of a golf course. Noxious weeds were found, and notice will be sent out by the weed inspector to remove. Rascop moved, seconded by Shaw, to accept the report and forward it to the complainant. Motion carried - 5 Ayes. STEVE EVANS: At last inspection, everything was cleaned up except an unlicensed vehicle parked behind a garage. Nielsen recommended that it be turned over to the police for ticketing instead of proceeding with court action. . Stover moved, seconded by Gagne, to direct the police to ticket the unlicensed vehicle. Motion carried - 5 Ayes. Mrs. Towne felt there will be additional violations on work related vehicl~ rental unit, and dog problems. Haugen moved, seconded by Gagne, to direct the City Attorney to respond to Evans on the possible rental unit. Motion carried- 5 Ayes. REGULAR COUNCIL MEETING - 5 - AUGUST 12, 1985 . PLANNER'S REPORT (CONTINUED) BLOOD VIOLATION - Gagne would like the Attorney to report on the status of this complaint at the next meeting. TINGEWOOD P.U.D. - Nielsen met with Mr. Erickson and Mr. Harmsen to explain their financial situation on this project, and re- quested the reinstatement of the P.U.D. zoning. Nielsen sited violations in a letter dated July 19, 1985, and indicated that these items should be complied with immediately. As of this date, these items have not been totally complied with. Gagne does not feel that the City should consider reinstatement of the P.U.D. until all violations have been complied with, financial backing has been secured and all agreements of completion have been agreed upon. Nielsen felt the banks may not back the project with a letter of credit without the P.U.D. in effect. KOTZHER/VISCASSILLAS DIVISION RESOLUTION NO. 63-85 . Maintenance agreement has been signed and received, this was the final information to be obtained to approve the zero lot line split of the property located at 6140 and 6142 Chaska Road. Zoning Amendment Ordinance No. 160 for this area was approved in July of 1984. Rascop moved, seconded by Gagne, to approve the lot split as requested subject to the payment of any and all appropriate fees and to file the maintenance agreement with the deed. Motion carried by roll call vote - 5 Ayes. ATTORNEY'S REPORT REPEAL WATER FRANCHISE ORDINANCE NO. 169 ORDINANCE NO. 172 Attorney Froberg submitted a Water Franchise Ordinance that repeals Ordinance No. 169. Gagne moved, seconded by Haugen, to adopt an Ordinance to repeal Ordinance No. 169. Ordinance adopted by roll call vote - 4 Ayes, 1 abstain (Stover) AMENDMENT TO DEVELOPMENT AGREEMENT AND RESOLUTION NO. 64~85 APPROVALS AND SIGNING OF MEMORANDUM-WATERFORD . Gagne moved, seconded by Shaw, to approve the Amended Development Agreement and authorize signing of the Memorandum for the Waterford Project. Motion carried by roll call vote - 4 Ayes - 1 Nay (Stover) DRAFT GARBAGE ORDINANCE REVIEW - 1ST READING Council reviewed the 1st draft of the Garbage Ordinance. Rascop suggested a list of collector streets be made all incorporated . . . REGULAR COUNCIL MEETING - 6 - AUGUST 12, 1985 ATTORNEY'S REPORT DRAFT GARBAGE ORDINANCE REVIEW - 1ST READING (CONTINUED) into the Ordinance, and a determination of 9 ton roads exist- ing or planned for later road improvements. Council decided to establish a Information Committee to study variations of this Ordinance. The Committee will be comprised of Council members Haugen and Stoner, Financial Committee member Fonte, and a Planning Commission member, a citizen and Administrator Vogt. Haugen would like to obtain suggestions for location of garbage haulers. Notification will be sent to these haulers. DOG ORDINANCE AMENDMENT ORDINANCE NO. 173 An amendment to Ordinance No. 81 to allow 30 days for new residents to obtain dog licenses. Gagne moved, seconded by Rascop, to adopt the amendment by roll call vote - 4 Ayes, 1 Nay (Shaw) Administrator Vogt indicated that a request has come to him to license and restrict cats under the Dog Ordinance. Council felt that it may be unenforceable, no action was taken. WATER SUPPLY VIOLATION Notification will be sent to the renter, Beryl Niccum, and the owner of the property located at 23690 Gillette Curve, Harlan Koehnen of his violation of not providing water to this home. This is a violation of the State Plumbing Code, compliance to supply service will be required. LETTER OF CREDIT ~ MINNETONKA WATER AGREEMENT RESOLUTION NO. 66-85 Gagne moved, seconded by Shaw, to approve obtaining a letter of credit in the amount of $50,000.00 to be given to the City of Minnetonka in accordance with the Water Service Agreement. Motion carried - 4 Ayes, 1 Nay (Stover) ENGINEER'S REPORT AWARD SEALCOATING AND APPURTENANCE WORK - PROJECT NO. 85-2 RESOLUTION NO. 65~85 Bid opening was held at 11:30 A.M. on August 8, 1985 to receive sealcoating bids for Project No. 85-2. Engineers Mogan and Norton, Administrator Vogt, and Assistant Public Works Director Stark were present. Vogt recommended removing St. Albans Bay Road and Excelsior Boulevard from the project to not exceed a total project cost . . . REGULAR COUNCIL MEETING - 7 - AUGUST 12, 1985 ENGINEER'S REPORT AWARD SEALCOATING AND APPURTENANCE (CONTINUED) of $50,000.00 as budget allows. Gagne moved, seconded by Haugen, to award Alternate Bid, 1,2, & 4 to include the amended list of streets to Allied Black Top. Motion carried - 5 Ayes. CHANGE ORDER NO. 6 - PROJECT 84-5 Shaw moved, seconded by Gagne, to approve Change Order No.6 for Project 84-5 - Kenko Inc. for an extension of completion date to September 1, 1985. Motion carried - 5 Ayes. PAYMENT VOUCHER NO. 6 ~ PROJECT 84~5 Gagne moved, seconded by Haugen, to approve Payment Voucher No.6 in the amount of $46,610.40 to Kenko Inc. Motion carried- 5 Ayes. ADMINISTRATIVE REPORTS MURFIN PROPERTY ISSUE The issue of a water service line from Tonka Bay to City property through the Murfin Property has been brought to the City's attention. At this time, the City does not know if an easement has been acquired for that line. Staff will research this matter. Gagne questioned if an appraisal has been done on the property to date. No appraiser has been contracted, stated Vogt. Council directed Vogt to proceed with an appraisal. APPLICANT FOR WELL STUDY COMMITTEE An application from Meridth Watten for the Well Study Committee. Council directed a letter of thanks be sent for her interest and informing her of no vacancies at this time. BUDGET PROCESS Budget Review will be held at 5:30 P.M on September 9, 1985. WATER FEASIBILITY STUDY UPDATE RESOLUTION NO. 6 7~85 1.- Gagne moved, seconded by Stover, to direct the Engineer to do a feasibility update for water service for these quadrant of the City. Motion carried - 5 Ayes. . . . REGULAR COUNCIL MEETING - 8 - AUGUST 12, 1985 LIQUOR STORES Liquor Commissioners will meet at 4:00 P.M. on August 21, 1985. MAYOR'S REPORT LMCD A public hearing will be held August 14, 1985 at Tonka Bay City Hall to hear comments on reducing boat dockage to 2 from 4. A change in the responsibility of water violations prosecution may revert to the LMCD Attorney with fines being returned to the City in which the violation occurred. COUNCIL REPORTS POLICE BUDGET A police meeting was held at Tonka Bay City Hall to set budget. These budgets will than be submitted to the City Administrator for review. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council Meeting of August 12, 1985 at 11:10 P.M. subject to approvals of claims for payment. Motion carried unanimously. General Fund - Acct. #00166-02 Checks 30855-30933=$144,845.68 Liquor Fund - Acct. #00174 " 3712- 3777=$ 71,888.94 Respectfully submitted, Sandra L. Kennelly City Clerk 4~;p~ Mayor Rascop