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121685 CC Reg Min e '. . ,. CITY OF SHOREWOOD REGUL~R COUNCIL MEETING MONDAY, DECEMBER 16, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MI NUT E S CALL TO ORDER The regular meeting of the Shorewood City Counci'l was called to order by Mayor Rascop at 7:30 P.M., MOnday, December 16, 1985 in the City Hall Council Chambers. PLEDGE OF ALLEGIANCE AND ~RAYER Mayor Rascop opened the meetin@' with ,.the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rasco~, Councilmembers Haugen, Shaw, Stover and Gagne Staff: Attorne~Froberg, Engineer Nottonl Administrator Vogt, Planner Nielsen and Clerk K~nnelly APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the minutes of the meeting of November 25, 1985 with corrections to be made in the original minute book. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover referred to the Planning Commission minutes of December 3, 1985. She indicated that the Rosenthal proposal was postponed. All othert:tems on their agenda will be dealt with at this Council meeting. CONSENT AGENDA Project #84-2 - Street Construction Payment Engineer Norton recommended payment of Voucher #6 and Final in the amount of $9,655.75 to Valley Paving Inc. for street Con- struction - Project #84-2. Permanent Appointment of Assystant Public Works Director Public Works Director Zdrazil and Administrator Vogt recommend the permanent appointment of Howard Stark as the Ass~stant Public Works Directbr, as he has completed h~s six month pro- bationary period sat~Bfactorily. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 16, 1985 page two CONSENT AGENDA - continued Purchase of Pressure Washer Public Works Director Zdrazil recommended the purchase of a pressure washer. The money is available in the Public Works equipment budget. Gagne moved, seconded by Stover, to approve the issues listed on the Consent Agenda as presented. Motion carried _ 5 ayes. CONDITIONAL USE PERMIT - 6035 SEAMANS DRIVE RESOLUTION NO. 92-85 Mr. Delbert Hennessey of 6035 Seamans Drive was present to request a C.U.P. to construct an accessory building that will total 1,108 square feet when added to the existing garage space. Stover moved, seconded by Gagne, to grant the C.U.P. to build the accessory structure on the condition that it be used as residential use only and in accordance with all Planner's recommendations. Motion carried by Roll Call Vote - 5 ayes. NEAR MOUNTAIN PRELIMINARY PLAT APPROVAL RESOLUTION NO. 93-85 Developer Peter Pflaum of Lundgren Bros. and his Engineer Rick Sathre reviewed the revised preliminary plat for the Near Mountain project. The density of the project has not changed, just the site plan arrangement. The Council discussed the various proposals for park plans. Gagne reviewed the Park Commission discussion on various possibilities for park dedication land that would connect with the "New Park" north of Covington Road and Silver Lake. This discussion included coordination between Near Mountain and the Bruce property to acquire the most usable park land. These plans will be finalized by the Final Plat. Stover moved, seconded by Haugen, to approve the Preliminary Plat in accordance with the Planner's recommendations (dated December 12, 1985). Motion carried by Roll Call Vote - 5 ayes. HERITAGE RESIDENCE - INFORMAL DISCUSSION ON COMPREHENSIVE PLAN AMENDMENT Jerry Mundt and Joe Gorecki presented their plans for a 73 unit seniors facility to be built by American Care Facility and to be located on Lake Linden Drive. . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 16, 1985 page three HERITAGE RESIDENCE - INFORMAL DISCUSSION ON COMPREHENSIVE PLAN AMENDMENT - continued Mr. Gorecki asked the Council for direction as to supplying municipal water service for this project. Engineer Norton re- viewed plans and estimated costs that were prepared for the area in July of 1980. He estimated that 35 residents could also be serviced along the extension from the Badger well to the project site. This total does not include the Shopping Center or the Bank at this time. Councilmember Gagne introduced his father Robert Gagne Sr., the Senior Citizens Ombudsman to the City of Minneapolis. Mr. Gagne expla~ned some of the housing needs required by Seniors. He emphasized the need for transportation, handicapped facilities, pick up for dining, in house group dining facilities, activity areas, and the right to maintain their own cars. Council thanked Mr. Gagne Sr. for his time and information. The Council would like to see a senior care facility of the highest quality, not just senior apartments. . Shaw asked if the water extension could be included in a G.O. Bond. Attorney Froberg felt that the construction bond and the water improvement would have to be separate bonds. The pre-application for the Comprehensive Plan Amendment will be scheduled for the February Planning Commission meeting. Planner Nielsen will address the access issue at that time. No Engineer- ing updates will be done at this time. When updates are done, they will be charged back to this project. SUBURBAN HENNEPIN COUNTY REGIONAL PARK DISTRICT PRESENTATION Neil Weber and Bob Weklund of the Park District representing the Lake Minnetonka area presented the Council with a slide show to help aquaint them with some of the current uses and facilities under control of the Park District. They answered various questions of the Council regarding new park plans in the area. Questions on boat launching, user fees and possible new park acquisitions were addressed. Haugen asked if the Park District would be interested in acquiring Minnetonka Country Club for a public golf course. Mr. Weber requested direction from the Council to look into this facility. PARK PURCHASE DIRECTION RESOLUTION NO. 94-85 . Haugen moved, seconded by Gagne, to draw a Resolution requesting the Suburban Hennepin County Regional Park District to inquire into the possible purchase of the Minnetonka Golf Course for Park property. Motion carried by Roll Call Vote - 5 ayes. . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 16, 1985 page four REQUEST FOR RECONSIDERATION - ROY AHERN A written request for reconsideration was received from Mr. Ahern regarding the denial of a C.U.P. to build on Lot 11, Radisson Inn Addition. He would like the issue of the nonsubmittal of the Shoreland Impact Plan with the application be stricken from the denial Resolution. This would then enable him to resubmit his C.U.P. application prior to the end of the 6 months waiting period required by Ordinance. Haugen moved, seconded by Gagne, to uphold the 6 months waiting period rule, this will enable Mr. Ahern to reapply in February. Motion carried - 5 ayes. POLE BARN REQUEST DENIED - JANE KLINE . Jane Kline of 5990 Strawberry Lane requested the Council to allow her to construct a metal pole barn on her property for the purpose of a horse barn. She meets all setbacks and contends that the lower cost, matching color to home, guaranteed paint color, fire safe, maintenance free and the fact that the horses can not eat metal are her reasons for requesting the Council to allow her to construct a pole barn. The current City Ordinance does not allow metal pole barns and the Building Inspector has denied her abuilding permit for that reason. Mark Vorate, a friend of Ms. Kline, spoke in agreement with her~ He felt that if constructed of wood, it still was a pole barn regardless if it were metal or wood, this metal should be acceptable. Stover moved, seconded by Gagne, to uphold the denial of the Building Inspector to issue a building permit for a metal pole barn. Motion carried - 5 ayes. RESOLUTION NO. 95-85 EXTENSION OF INTERIM ZONING ORDINANCE Planner Nielsen requested a 90 day extension of the Interim Zoning Ordinance in order to complete the necessary revisions to adopt a final Zoning Ordinance. After discussing what is necessary for completion and hearing dates, a 120 day extension seemed necessary. Stover moved, seconded by Gagne, to extend the Interim Zoning Ord- inance for 120 days. Motion carried by Roll Call Vote - 4 ayes 1 abstain (Rascop). ATfFO'RNEY'S REPORT --------~ . Garbage Collector's Ordinance - Second Reading Council reviewed the Garbage Ordinance and made changes ~n.the areas of container sizes, exempts of dumpster under speclflc provisions of temporary use. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 16, 1985 page five ATTORNEY'S REPORT - continued Stover moved, seconded by Haugen, to extend the operation hours to 8.00 P.M. Motion carried - 5 ayes. Insurance coverage should be removed from the Ordinance and set by Resolution to eliminate the need to amend the Ordinance when changing limits. Haugen moved, seconded by Gagne, to approve the second reading of the,. Ordinance as amended. Motion carried - 4 ayes - 1 nay - Shaw WEIGHT RESTRICTION ORDINANCE j ORDINANCE NO .:i.:r# Attorney Froberg made correction in the street listing and a correction in numbering. These were the only changes made. Haugen moved, seconded by Gagne, to accept this as the second reading of the Ordinance and moved adoption of the Weight Restriction Ordinance. Ordinance adopted by Roll Call Vote - 4 ayes - 1 abstain (Shaw). Blood Litigation Froberg stated that a January trial date is set. The City has gone onto the Blood property and cleaned up the violation, and will certify all costs of clean up back to the property. Rascop thanked the staff for their efforts in completion of this junk violation. Murfin Property Purchase . Response has been received from Mr. Murfin stating that he will not remove the five (5) underground storage t~nks (three (3) 20,000 gallon tanks and two (2) 10.000 gallon tanks) in accordance with the purchase of the property. Haugen spoke to Mr. Murfin, he stated that I.C.O. was the owner of the tanks and he would try to place pressure on them to remove the tanks. He also felt that the City could and should use the tanks. He would also agree to have the City withhold $5,000.00 of the purchase price until the tanks have been removed. Froberg was unable to find any cases on record that might determine whether the tanks are considered "personal" or "real" property. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MmNDAY, DECEMBER 16, 1985 page six ATTORNEY'S REPORT - continued Rascop stated that he personally, without Council approval, offered Murfin $50,000 for the property and the City would then remove the tanks. Stover suggested that the City offer him $65,000 minus the cost of removal. Stover would like to see some cost estimates on the removal of the tanks. Council made no change to the current offer. The Fire Marshall has made a recommendation to the City to enforce the removal of these tanks. Na~gele Litigatio!?; Response has been promised within the next 7 days on the City's offer. ENGINEER'S REPORT Lift Station #11, Breakdown Engineer Norton informed the Council of a break down of the pump in Lift Station #11 off Shore Road. Munitech handled the problem immediately. Bob Polston of Munitech will submit a report on this repair. ADMINISTRATOR'S REPORT Engineering Proposal Administrator Vogt requested proposals in the form of specs and. bids on a specific project from interested Engineering firms. He was not satisified with the responses, none were comparable bids. Gagne and Haugen support the continuing O.S.M. contract. Shaw moved to recommend to the Mayor to continue in 1986 with the firm of O.SUM. Administrator Vogt will inform the interested firms of the Council position. Enchanted Island Beaver Trapping DNR gave Administrator Vogt a name of a trapper for the purpose of live trapping. The trapper stated that he did not live trap in the Winter because of the ice. Rascop moved, seconded by Gagne, to amend the trapping Ordinance to allow steel leg traps when specific problems may warrant the need. Motion was defeated - 2 ayes - (Rascop and Gagne) to 3 nays. . . . GITYOF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 16, 1985 page seven ADMINISTRATOR'S REPORT - continued Animal Control Contract - 1986 White Bear Animal control has submitted their contract for renewal for 1986. Certificate of insurance is forthcoming. Haugen moved, seconded by Gagne, to award contract and authorize the Mayor to sign the contract. Motion carried - 5 ayes. Winter Parking Ban Public Works Director Zdrazil would like to see the issuance of a parking ban for plowing discussed. Administrator Vogt will return with a recommendation. Water and Sewer_~udget M~~tin~ Rascop and Stover attended a meeting to review the utility budgets and discussed possible increases in water rates to coincide with charges from other city's water service. Water Rate Increase ~ES2~UTION~~_2~=85 Gagne moved, seconded by Rascop, to increase the water rate to a quarterly minimum of $22.00 per 10,000 gallons plus $1.40 per 1000) over 10,000 gallons. Motion carried by Roll Call Vote - 5 ayes. Sewer Rate Increase RE~OLUTION_~2~_97-82 Stover moved, seconded by Gagne, to increase residential sewer to $41.75 a quarter, with a $50.00 minimum for non-metered Commercial, all metered based on $1.75 per 1000 gallons of useage over 28,500 gallons. Motion carried by Roll Call Vote - 5 ayes. Acceptance of Water and Sewer Budget Gagne moved, seconded by Stover, to accept the 1986 Budget to include the amendment made by the rate changes. Motion carried - 5 ayes. Christmas Lake Access The acquisition of land on Christmas Lake for public access has nbt been completed at this time. An out of court settlement is hoped for. . . . CITY OF SHOREWID0D: ) i REGULAR COUNCIL MEETING MONDAY, DECEMBER 16, 1985 page eight MAYOR'S REPORT Tas~Force M~et!~~ The DNR has asked for a postponement on the condemnation of the Brooks property for the Christmas Lake access. The DNR does not plan to obtain additional accesses on area lakes, but plans to obtain additional p~rking in areas of existing ramps. Signage will be placed at the ramps locating these new parking areas. COUNCIL REPORTS Minnetonka Community Service Dinner A special events dinner will be held on February 13 with local community leaders. Appointments to Police Building Committee Rascop and Gagne will be Shorewood's representatives on the Police Building Committee. Special Planning Session set for Council A special planning session for the Council will be held at 7:30, January 6, 1985, for the purpose of reviewing police contracts plan, Administrator's review, and any other matters that may need discussion. Staff will not attend, but meeting will be taped. Pu~lic Works AE.preciatio~ Public works Director Zdrazil suggested the possibility of having an appreciation dinner for the Public Works Department for all their efforts and dedication on snowplowing this season. Council indicated that there are no funds available for a dinner. Council directed Administrator Vogt to write a letter of appreciation. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, Shaw seconded, to adjourn the Council meeting of December 16, 1985 at 12:00 midnight subject to approval of claims for payment. Motion carried - 5 ayes. General Fund - Acct. #00166-02 Checks 31433-31591 Liquor Fund - Acct. #00174 Checks 4195- 4297 $2#0,389{{'4 $ 81,440.71 Respectfully Submitted Sandra Kennelly City Clerk ._~~~~-- Mayor Robert Rascop