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021086 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 10, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Mayor Rascop called the Regular Council meeting of Monday, February 10, 1986, to order at 7:30 P.M. in the City Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne and Haugen (arrived at 7:45) Staff: Engineer Norton, Attorney Froberg, Planner Nielsen, Administrator Vogt and Clerk Kennelly APPROVAL OF MINUTES Moved by Gagne, seconded by Stover, to approve the minutes of the regular City Council meeting of JanuarJ' 27" .1986 as corrected in the official minutes book. Motion carried unanimously - 4 ayes (Haugen delayed). MATTERS FROM THE FLOOR Seniors Center Report Shorewood representative Rosella Schmidt was present to update the Council on the progress and the increasing use of the Senior Center. She thamked the Council for their financial support to the Center. PLANNING COMMISSION REPORT Stover reported that the planning Commission discussed the Heritage Residence and the Near Mountain Project at the meeting of February 4, 1986. PARK COMMISSION REPORT Snowmobile Ordinance Amendment Council reviewed the proposed Snowmobile Ordinance amendment. Rascop questioned curfew hours and speed limits along the trail system. Stover wondered how enforceable the Ordinance would be. Gagne felt the hours whould be extended to keep the snowmobiles on the trails rather than uncontrolled areas. CITY COUNCIL MINUTES MONDAY, FEBRUARY 10, 1986 page two ~ PARK COMMISSION REPORT - continued Snowmobile Ordinance Amendment - continued Shaw moved, seconded by Gagne, to refer the Ordinance back to the Park Commission for further study. Motion carried - 5 ayes. Audience comments were made. The SouthWest Trail Association is willing to add additional 20 MPH signs and also post signs listing curfew times. Bill Kullberg explained that they would like to conduct a noise test along the trail and if levels are high they will do plantings and re-test after the growth period. Test results will be submitted to the Park Commission. Another member of the audience felt the Ordinance should be more restrictive. Noise tetitc:request was referred to the Park Commission for recommendation. CONSENT AGENDA' Liquor Store II Lease Agreement The lease agreement had been negotiated for a one year lease with Ryan Construction for Liquor Store II for April 1, 1986 through March 31, 1987. . Finance Committtee Appointment The Finance Committee would like to appoint Maria Malooly as Chair- person and John Bridge as Secretary to their Committee. Stover moved, seconde~ by Gagne, to ~pprove the Liquor II lease and the Finance Committee appointments as requested. Motion carried unanimously - 5 ayes. SHOREWOOD YACHT CLUB - DOCK LICENSE (add to) RESOLUTION NO.5-86 Council reviewed the staff report answering questions the Council had regarding the yacht Club's operations. Gagne moved, seconded by Stover, to approve the issuance of the 1986 Dock License to the Shorewood Yacht Club. Motion carried - 5 ayes - Approval to be added to Resolution #5-86. COVINGTON VINE RIDGE FINAL PLAT Planner Nielsen reviewed the Development Agreement for CovingtoniVine Ridge with the Council. Haugen questioned if occupancy permits can be issued prior to completion of roads to that area, or does the Ordinance address a time limit on the completion of the dwellings. Nielsen stated that the State Uniform Building Code does set criteria in order to obtain an occupancy permit, but additional requirements can be added by Ordinance. . Shaw stated that the price range of the building permit being requested is higher than the proposed prices. They felt that the Council approved the smaller lot to provide for medium income housing. Housing that would not be competition to the Trivesco project where the lots ~re larger. . . . CITY COUNCIL MINUTES MONDAY, FEBRUARY 10, 1986 page three COVINGTON VINE RIDGE FINAL PLAT - continued Ron Helmer could/not address the valuation issue because he is not the builder, but felt the price of the proposed homes will be less than the model. COVINGTON VINE RIDGE DEVELOPMENT AGREEMENT RESOLUTION NO. 8-86 Gagne moved, seconded by Haugen, to approve the Development Agreement as presented. Resolution approved by Roll Call Vote - 5 ayes. FINAL PLAT APPROVAL - COVINGTON VINE RIDGE RESOLUTION NO. 9-86 Gagne moved, seconded by Haugen, to approve the Final Plat for Coving~ ton Vine Ridge. Resolution approved by Roll Call Vote - 5 ayes. COVINGTON VINE RIDGE P.U.D. ORDINANCE AMENDMENT QRDmNAN([:E NO~ 177. Stover moved, seconded by Gagne, to adopt the Covington Vine Ridge P.U.D. (Planned Unit Development) by amending Ordinance #168. Ordinance adopted by Roll Call Vote - 5 ayes. NEAR MOUNTAIN P.U.D. Pete Pflaum was present to discuss the Near Mountain development and to request a building permit to cpnstruct a model building on that site. Nielsen indicated that the Development Agreement was not presently completed at this time. Engineer Norton addressed the issue of grading and percentage of slope proposed for areas of the development. Pflaum felt the steeper slopes were necessary to maintain the existing trees. He felt h~ could adequately plant the slopes to keep erosion from occurring{ and took on the responsibility to ensure that result. Norton felt a compromise would be advisable. Stover felt the responsibility of the slope against erosion should be placed in Development Agreement. DEVELOPMENT STAGE APPROVAL RESOLUTION NO. 10-86 Stover moved, seconded by Gagne, to approve the Development Agree- ment subject to Planning Commisssion recommendation. Motion to omit Engineer Nortons recommendation of grading of slope and turning responsibility of erosion on Developer until the time in which the roads are turned over to the City, ~nd then responsibility is ~urned over to the Homeowners Association. Motion to include issuance of a grading permit, and building permit to construct one building contain- ing 2 living units. Resolution adopted by Roll Call Vot~- 5 ayes. CITY COUNCIL MINUTES MONDAY, FEBRUARY 10, 1986 page four . C.U.P. (CONDITIONAL USE PERMIT) (MEADER)~CAR WASH RESOLUTION NO. 11-86 Scott M~nn presented a new landscape plan for the previous Meader car wash at 24245 Smithtown Road. Scott Mann and Steve Kellogg are the new owners of that property. Mr. Mann addressed the Council concerns on possible traffic problems of stacking and entrance and exit to the business. A two year bond will be submitted to insure proper landscaping. Shaw moved, seconded by Gagne, to grant a C.U.P. as requested to the Mann and Kellogg Car Wash. Motion carried by Roll Call Vote - 5 ayes. WEIGHT RESTRICTION ORDINANCE RESCINDED . Letters were received from gargage haulers expressing their concerns on the Weight Restriction Ordinance. Other affected groups were present to discuss the effect of this Ordinance on their various operations. Attorney Froberg addressed the method of obtaining special permits for various types of yehicles to operate their business. Garbage hauler Bill Wrede felt that if other types of vehicles were issued permits to operate, haulers should be able to operate in the same manner. The Council discussed the possible contracting and dividing up the city into various service areas and appoint one hauler to each of those areas, thus limiting the use of the streets use down to one hauler per area. Haugen moved, seconded by Gagne, to rescind Ordinance #175 adopted by Council on the 16th day of December, 1986, and refrain from its publication, thus reinstating Ordinance #163. Motion carried. Haugen moved, seconded by Gagne, to direct to staff to study various methods of dividing up the City fbr haulers in order to reduce the usage on City streets. A limit of three months to determine a solution for the haulers was given. Motion carr:icad. S.E. AREA TRUNK WATER SYSTEM . Engineer Norton read aloud bis feasibility report dated 2/6/86. He also read the letter to Bill ,Crawford, 'Engineer of District 5 for MnDOT, referring to possible acquisition of land for placement of a water tower. Gagne questioned additional tower height costs versus land cost. Engineer Norton felt it would cost approximately $1,000.00 per foot for addi tiona120 feet of height needed in the difference of elevation on the MnDOT property versus the Mason property. Stover suggested that the underground storage and pump house, with space for a treatmentfacili ty be constructed now arid-l~ter construct overhead storage after the determiniation of the new intersection has been made. . . , CITY COUNCIL MINUTES MONDAY, FEBRUARY 10, 1986 page five S.E. AREA TRNNK WATER SYSTEM - continued Resident Bob Snyder was opposed to the construction of a 54' x 32' pumphouse and would like to see the location changed. Norton indicated that too much underground piping was already in, in preparation of that location. PREPARATION OF WATER FEASIBILITY REPORT RESOLUTION NO. 12-86 Haugen moved, seconded by Gagne, to prepare a water feasibility report to include a water tower now and a treatment facility in a later phase; site to be determined prior to report. Motion carried by Roll Call Vote - 4 ayes - 1 nay (Stover). ACCEPTANCE OF FEASIBILITY REPORT RESOLUTION NO. 13-86 Gagne moved, seconded by Shaw, to accept the feasibility report to include the alternative site locations. Motion carried by Roll Call Vote - 4 ayes - 1 nay (Stover). APPOINTMENT OF BOND CONSULTANT Gagne moved, seconded by Haugen, to appoint Springsted Inc. as bonding consultants for the water improvement for the S.E. quadrant. Motion carried - 5 ayes. JUVENILE DATA REPORT Officer Litsey explained the various terms and what they represent in the juvenile report. Council questioned what type of cases do they handle and what other agencies are involved and to what degree. DRAFT POLICE AGREEMENT DISCUSSION Gagne moved, seconded by Stover, to approve the_draft agreement to be forwarded to the other (3) joint powers Cities for consideration. Motion carried - 4 ayes - 1 abstain (Haugen - due to non attendance at the drafting meeting). Gagne moved, seconded by Shaw, to direct the Administrator to send cover letter with contract to the individual Councilmembers at their residences. Motion carried - 4 ayes - 1 nay (Haugen). ATTORNEY'S REPORT Rosenthal Denial RESOLUTION NO. 14-86 Stover moved, seconded by Haugen, to accept the Resolution of Denial as revised. Motion carried by Roll Call Vote - 5 ayes. Naegele Litigation A settlement has been made%between the City and Naegele Sign Company and a stipulation is being prepared. CITY COUNCIL MINUTES MONDAY, FEBRUARY 10, 1986 page six . ATTORNEY'S REPORT - continued Heritage Residence Discussion Joe Gorecki was present to discuss ways of acqulrlng municipal water service to their project on Lake Linden Drive. Four alternative plans were suggested within the January 30, 1986 Planner's Report. Staff recommends item 3 or 4, Developer feels Item 4 is the only possible alternative. (#4. The developer could negotiate with other property owners to petition the City to install the improvements and assess the cost back to the petitioners.) Gorecki questioned the park fund fees for this elderly housing project. Shaw indicated that the Park CommissiCbnrecommendation was to keep the $500.00 individual charge as is. Nielsen stated that the fee is based upon need. Shaw felt the facility may require various needs that could be supplied through park funds, such as transpor- tation. Gorecki felt that with the narrowing margin of profit, that a 73 unit facility would be needed. Council did feel that they could support that number. ADMINISTRATIVE REPORTS . Island View Road Clerk Kennelly reported on the procedure of checking for deed accesses and informing the affected residents of Island View Road prior to the Council submitting that property for state land sale. Froberg tried to obtain a Torrens Certificate for research an deed, but deed has not been filed at this time. Council feels that they are not responsible for further action. State Revenue Short Falls Short falls in revenue have not been determined at this time. Rascop does not want to do any budget amendments until the figure can be clarified. Shaw moved, seconded by Gagne, to recommend that each department reduce their expenditures by 1% effective immediately. Motion carried 5 ayes. Murfin Property Purchase A letter has been receivedifrom Murfin offering to split the cost of removing the storage tanks by holding back $10,000 of purchase price until the removal of the tanks is completed. . Haugen directed the Administrator to respond to Murfin indicating that their offer did not include any responsibility for the removal of tanks and they nave not changed their offer. . CITY COUNCIL MINUTES MONDAY, FEBRUARY 10, 1986 page seven MAYOR'S REPORT Task Force Meeting Rascop will be attending another Lake Access Task Force on February 13, 1986. Tree Program Mayor directed City Clerk to obtain information on a reforestation program for 1986. LMCD A public hearing will be held to hear Boulder Bridge's request to move their lagoon dockage onto the lake shore outside the lagoon. COUNCIL REPORTS Borchart Property Fire The building will be torn down as soon as the Fire Mars.hall completes his investigation. . Vine Hill Furniture Sign Violation Notification has been sent and no response has been received. Nielsen will turn the complaint over to the City Attorney for further action. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting of February 10, 1986 at 11:28 P.M. subject to approval of claims. Motion carried - 5 ayes. General Fund - Acct #00166-02 Regular checks # 31685 - 31737 Payroll Checks # 200101 - 200122 $ 31,749.97 9,098.39 $ 40,848.36 Liquor Fund - Acct. #00174-02 Regular checks # 4365 - 4390 = $ Payroll checks # 200123 - 200135 38,890.61 2,487,02 $ 41,377.63 RESPECTFULLY SUBMITTED . Sandra L. Kennelly Mayor Rascop