Loading...
100785 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, OCTOBER 7, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM . 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, October 7, 1985 in the City Hall Council Chambers. Rascop then turned the meeting over to Acting Mayor Shaw due to a loss of voice. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover and Gagne. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt and Clerk Kennelly APPROVAL OF MINUTES . REGULAR COUNCIL MEETING - SEPTEMBER 23, 1985 Gagne moved, seconded by Haugen, to approve the minutes of the Regular Council meeting of September 23, 1985 as corrected within the "Police Committee Update Report">. Motion carried unanimously- 5 ayes. BUDGET REVIEW MEETING - SEPTEMBER 18, 1985 Gagne moved, seconded by Shaw, to approve the minutes of the Budget meeting of September 18, 1985 as written. Motion carried unani- mously - 5 ayes. BUDGET REVIEW MEETING - SEPTEMBER 25, 1985 Haugen moved, seconded by Gagne, to approve the minutes of the Budget Review meeting held September 25, 1985 as written. Motion carried unanimously - 5 ayes. MATTERS FROM THE FLOOR . Haugen directed Planner Nielsen to contact owner of the property at 5200 St. Albans Bay Road in reference to a violation of the Junk Ordinance. She would also like staff to check on hang~ng branches over the road at 5225 St. Albans Bay Road. . . . COUNCIL MINUTES MONDAY, OCTOBER 7, 1985 page two CONSENT AGENDA PARK COMMISSION MEMBER APPOINTMENT - CAROLYN SQUIRES Council appointed Carolyn Squires of 5800 Christmas Lake Road to fill the vacancy on the Park Commission previously held by Carol Butterfield. The appointment was recommended by the Park Commission. This term to expire 12/31/85. PROJECT #85-2 - PAYMENT VOUCHER - ALLIED BLACKTOP COMPANY Payment Voucher #1 and Final in the amount of $45,400.72 to Allied Blacktop Company for seal coating, Prpject #85-2. VIDEO UPDATE - COMMERCIAL BUILDING PERMIT A request to remodel the Video Update at 19465 State Highway #7. All alterations to be made totally within the confines of the exist- ing building. SIGN PERMIT - 6000 CHASKA ROAD A sign permit has been requested by Peggy Sheldon for her Commercial Office Building located at 6000 Chaska Road. The sign meets all setbacks and conforms with the requirements of the R-C District. Haugen moved, seconded by Gagne, to grant approvals for the herein listed requests on the Consent Agenda. Motion carried unanimously- 5 ayes. PUBLIC HEARING - ACCEPTANCE OF DELINQUENT UTILITY ROLLS DELINQUENT SEWER UTILITY - LEVY #9898 DELINQUENT WATER UTILITY - LEVY #ge99 RESOLUTION NO. 79 ~85 RESOLUTION NO. 79A=~ The Public Hearing was opened at 7:40 P.M. by acting Mayor Shaw to pass on the acceptance of the delinquent public utility rolls, as submitted, for the purpose of certification of allowing balances, to the 1986 payable tax statements. Calling for public comment and receiving none, Shaw closed the public hearing at 7:42 P.M. Gagne moved, seconded by Haugen, to adopt the delinquent utility roll as submitted. Adopted by Roll Call Vote - 5 ayes. Clerk Kennelly informed the Council of a large overdue Commercial sewer and water account, and questioned whether the Council may want to set policy to prevent this in the future. Council discussed the legality of turning off water to a Commercial establishment when the past due balance exceeds $500.00. Shaw moved, seconded by Stover, to direct the Administrator to contact ~he.delinquent party (Country Kitchen) requesting payment and to lndlcate to them that a policy will be enacted to prevent further large delinquencies. Motion carried - 5 ayes. COUNCIL MINUTES MONDAY, OCTOBER 7, 1985 page three . PUBLIC HEARING - ACCEPTANCE OF DELINQUENT UTILITY ROLLS - continued Stover moved, seconded by Gagne, to give commendations to Clerk Kennelly for her expediance in the certification process. Motion carried. PLANNING COMMISSION REPORT Stover reviewed the proposed request to build an office building at 5405 St. Albans Bay Road by Gene Rosenthal. This will require rezoning. The Council will receive this proposal at a later date. PARK COMMISSION REPORT Commissioner Jakel reported on the previous park meeting and presented their requests. He indicated that the free grading project for Free- man Park has been cancelled by the contractor. The Commission would like to have Public Works Director Zdrazil obtain bids on the replace- ment of Cathcart Hockey Rink, cost not to exceed $5000. They would like to demolish Manor Park warming house due to its poor condition with some type of replacement scheduled for this spring. They would like a fire ring installed in Manor at this time, cost not to exceed $100. . The Commission has received a request to accept a small triangle of land on Excelsior Boulevard for possible park use. The suggested property donation came from the Watterberg Estate. The Commission felt that it was not appropriate for park use due to its size, topography and location. The Commission would like to be contacted prior to any storage or dumping of material in City Parks in the future. Gagne moved, seconded by Haugen, to approve the expenditure from the Park Fund in the amount of $5000 for a new hockey rink at Cathcart and a fire ring in an amount not to exceed $100 for Manor Park. Motion carried - 5 ayes. Gagne moved, seconded by Rascop, not to allow any further dumping of material by the City in City Parks without the approval of the Administrator. Motion carried - 5 ayes. Gagne moved, seconded by Haugen, to authorize the removal of the warming house at Manor Park. The Administrator was directed to obtain information on the best means of removal and return to the Council with h~s det~rm~nation. Motion carried - 5 ayes. POSTPONEMENT - PROPOSED COMPREHENSIVE PLAN AMENDMENT . Haugen reported that E. G. Rosenthal has requested a postponement of his proposal for a Comp Plan amendment until he has had the oppor- tunity to discuss his plans at a joint meeting with the neighboring property owners. COUNCIL MINUTES MONDAY, OCTOBER 7, 1985 page four 4It SIMPLE SUBDIVISION AND VARIANCE RESOLUTION NO. 80-85 SHENEHON/GOODLUND - 52e5 SHADY ISLAND ROAD Rascop moved, seconded by Stover to approve the simple subdivision and the lot area variance and side lot line variances subject to the Planner's recommendations listed in his report dated 9/30/85. Stover added an amendment to omit the utility easements dedication on the lake side, amendment accepted by Rascop. Prior to the Council vote, Mr. Shenehon stated his objections to the granting of a 15' easement for additional road right-of-way. He felt that the property across the street should be forced to grant additional right-of-way at this time. Nielsen explained that the City had the authority to obtain needed right-of-way when subdivisions or variances are requested. Mr. Shenehon did not feel he should be required to pay a park fund dedication because the Shady Island Association had already donated land to the parks. He also estimated what he felt the value of the property dedicated for easement totaled. He felt the 30 day filing date was not sufficent because of the time it may take from he and his sister to determine an equitable financial agreement due to this division. Rascop amended his motion to allow a 60 day filing date, accepted by Stover. Motion carried by roll call vote - 5 ayes. 4It SHENEHON PETITION OF REZONING - SHADY ISLAND Mr. Shenhon submitted a new petition supporting the rezoning of Shady Island to R-l C instead of R-1B as previously submitted by petition. He felt that there was some misunderstanding of the previous petition and would like the petition submitted in consideration prior to final adoption of the new zoning Ordinance (All copies of petition herein attached). Haugen moved, seconded by Stover, to submit Mr. Shenehon's petition to the Planning Commission for further study. Motion carried - 5 ayes. 1986 BUDGET APPROVAL RESOLUTION NO. 78-85 Stover moved, seconded by Haugen, to reconsider the amount allocated for the police budget. Motion carried -5 ayes. Stover moved to delete $4,717 from the Police budget, reducing their budget total to $287,254, seconded by Haugen. Motion carried _ 4 ayes - 1 nay (Rascop). Shaw moved to reconsider non-union city staff salaries, Haugen seconded for discussion. Motion carried - 5 ayes. 4It . . . COUNCIL MINUTES OCTOBER 7, 1985 page five 1986 BUDGET APPROVAL - continued Haugen suggested adding $4717 to non-union salaries only. Council tr~ed to determine actual percentage of increase for salaries. Council suggested that the money be placed into a contingency fund until final figures can be determined. Stover supports the Admini- strator determining the amounts of raises to go into each department. Motion to increase non-union employee salary allocation by $4717 carried - 4 ayes - 1 nay (Rascop). Stover suggested spreading the cost of the civil defense siren over 2 years. Rascop felt the police chief should have the opportunity to explain the need for the siren at this time. The current budget total to be taxed to general tax, water fund and special assessment fund is $1,209,261 which represents an approximate 24.24 mill rate. Haugen moved, seconded by Gagne, to adopt the 1986 Budget figure at $1,209,261 and instruct the Administrator to certify that amount. Motion carried by Roll Call Vote - 5 ayes. MURFIN PROPERTY PURCHASE Shaw reported that Mr. Murfin is willing to sell the property adjacent to the City garage for the afforded $65JOOO, he will not be responsible for the removal of the oil storage tanks at that price. Attorney Froberg felt the Fire Marshall will hold the owner of the property responsible for the removal. It is between Mr. Murfin and I.C.O., the owner of the tanks and renter of the property to remove tanks. Gagne moved, seconded by Haugen, 'to instruct the Attorney to submit a purchase agreement at $65,000 with the responsibility of the removal of tanks and any polluted ground be the total responsibility of the present owner. Motion carried - 5 ayes. CERTIFICATION OF WATERFORD - PROJECT #84-5 - ASSESSMENT ROLLS Engineer Norton submitted a report dated October 7, 1985 reviewing the total costs of improvements for the Waterford Project 84-5. The Waterford Addition has a total assessment of $1,270,198.50 and a separate amount of $36,703.80 for improvements to Covington Vine Ridge. These two totals represent the total cost of the Waterford project cost. These costs must be certified to the assessment rolls and submitted to Hennepin County by October 10, 1985 for the spread to the 1986 payable taxes Costs within this report were reviewed by staff and Mr. Robert Mason in an October 3rd meeting. Mr. Mason and all other property owners have agreed to these figures and have waived the need on an assessment hearing. . . . COUNCIL MINUTES OCTOBER 7, 1985 page six CERTIFICATION OF WATERFORD - PROJECT #85-5 - ASSESSMENT ROLLS - cont. Engineer Norton stated that there has been over-run costs to exceed the bonds issued. Council discussed various manners of covering the cost over-runs. Gagne moved, seconded by Haugen, to have developer pay over-runs in cash. Norton explained that traffic study costs along with a number of other items were included in the total project costs but were never included in the bond totals. He also indicated that some of the monies will not be expended until next year and the overages are covered by the assessments to be levied. Motion was withdrawn. Rascop would like to see interest charged on any money expanded by the City for the project prior to receipt of bond money. CHANGE ORDER #7 APPROVAL Rascop moved, seconded by Gagne, to approve Change Order #7 as re- commended by Engineer in the amount of $25,476.88. Motion carried- 5 ayes. WATERFORD ADDITION ASSESSMENT ROLLS RESOLUTION NO. 81-85 Gagne moved, seconded by Haugen, to accept and certify the assessment in the amount of $1,270,198.55 to the Waterford Addition. Motion carried - 5 ayes - by Roll Call Vote. COVINGTON VINE RIDGE ASSESSMENT ROLLS RESOLUTION NO. 82-85 Haugen moved, seconded by Gagne, to accept and certify the assessment rolls in the amount of $36,703.80 to the Covington Vine Ridge Addition. Motion carried by Roll Call Vote - 5 ayes. ATTORNEY'S REPORT BLOOD VIOLATION UPDATE The warrant has not been issued to date. A letter has been sent listing all items on the property to be removed. NAEGELE LITIGATION Council broke for an Executive Session to discuss litigation at 10:10 P.M. and returned at 10:24 P.M. PLANNER'S REPORT KOEHNEN PLUMBING VIOLATION Municipal water was hooked up to Mr. Koehnen's house at 23690 Gil- lette Curve on October 1, 1985. ORDINANCE DRAFT - ROBERT S.C. PETERSON ADDITION Postponed to next agenda. COUNCIL MINUTES MONDAY, OCTOBER 7, 1985 page seven . ADMINISTRATOR'S REPORT APPOINTMENT OF BOOKKEEPER - KATHLEEN SCHWANKL Gagne moved, seconded by Rascop, to appoint Kathleen Schwankl to the bookkeeping position as recommended by Administrator. CONCERNED CITIZEN'S MEMBER SITED FOR PROFESSIONAL MISCONDUCT Gagne read aloud a Minneapolis Star and Tribune article dated October 4, 1985 siting Concerned Citizen's member James V. Beal for various acts of professional misconduct resulting in a suspen- sion of the right to practice law. He suggested that all corres- pondence from this committee no longer be responded to. He also felt that the Water Study Committee of which Mr. Beal is a member, may no longer have a need at the current level and should be abolished. MAYOR'S REPORT DNR INFORMATION A letter from the DNR dated September 26, 1985 losted additional possible lake access locations, of which, 3 sites are now listed in Shorewood. A meeting will be held October 22, 1985 at 7:30 P.M. . at Shorewood City Hall for the Lake Minnetonka Lake Area Mayors. COUNCIL REPORTS TRANSPORTATION MEETING Haugen will attend the upcoming Transportation meeting. Rascop directed her to request reimbursement of Shorewood's levied funds by withdrawing from the Metro Transit District. REVENUE COMMITTEE MEETING Council directed the Administrator to attend the Revenue Committee meeting that will discuss the fiscal disparities formula. POLICE COMMITTEE MEETING . Haugen and Shaw attended the latest Police Committee meeting where a new draft of the joint powers agreement was submitted. This agreement was drawn by the current and previous Mayors of the City of Greenwood. Shaw will do a comparison with the present agreement and determine the areas of change. The contract calls for a 25 year contract period based on usage after a five year history can be established. Committee would like to see, in writing, the guarantee given to continue a joint powers police department from the City that will house the current department. Rascop suggested that Shorewood be given 2 votes on the Committee when it is paying 50% or more of the police budget. . . . COUNCIL MINUTES MONDAY, OCTOBER 7, 1985 page eight APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting of October 7, 1985 subject to approval of claims for payment, at 11:10 P.M. Motion carried unanimously - 5 ayes. General Fund Acct. #00166-02 Liquor Fund - Acct. #00174 Respectfully submitted, Sandra L. Kennelly City Clerk Checks 31113-31187 Checks 3915- 4008 $238,600.78 $ 63,330.00 A~~~ Mayor Rascop