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022486 CC Reg Min CITY OF(iSHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 24, 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 24, 1986, to order at 7:30 P.M. in the City Council Chambers. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Haugen and Shaw staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt and Clerk Kennelly. APPROVAL OF MINUTES . Stover moved, seconded by Gagne, to approve the second draft of the minutes of February 10, 1986 as written. Motion carried unanimously. PLANNING COMMISSION REPORT Stover referred to the Planning Commission meeting of February 18, 1986. The items discussed were a simple subdivision with a lot width variance for Alan Yelsey at 5485 Grant Lorenz Road and further discussion of the Interim Zoning Ordinance. PARK COMMISSION REPORT Shaw reported on the Park Commission meeting at this time. The Commission made recommendations for the Snowmobile Ordinance. 1. They recommend a 20 MPH speed limit and no curfew times listed. 2. They also recommended approval of the noise test as requested. Shaw moved, seconded by Haugen, to approve and to proceed with the noise test along the trail to be done by the Southwest Trail As socia tion as they requested. Motion c'arried. . COUNCIL MINUTES MONDAY, FEBRUARY 24, 1986 page two . PARK COMMISSION REPORT - continued ORDINANCE NO. 178 Shaw moved, seconded by Gagne, to amend the Snowmobile Ordinance to include a 20 MPH speed limit along the trail system and to exclude further discussion on the curfew time limits. Ordinance amended by Roll Call Vote - 3 ayes to 2 nays (Stover and Haugen). The Council received comments from Jeff Hanson, President of the Southwest Trail Association, stating that he felt the current Ordinance needs further refinement to include a curfew and try to create an Ordinance that can be enforceable. Rascop would like the Park Commission to refine this Ordinance this summer in order to enact prior to the next snowmobile season. CONSENT AGENDA APPROVAL . . 1986 Kennel Lic~nse Approval - Don Goettelman Haugen moved, seconded by Shaw, to approve the 1986 Kennel License to Don Goettelman of 6170 Cardinal Drive. Motion carried unanimously - 5 ayes. SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE RESOLUTION.NO. 15-86 ALAN YELSEY-54~5 GRANT LORENZ ROAD Mr. Alan Yelsey was present to respond to questions of the Council regarding his request for a simple subdivision with a lot width variance. Gagne moved, seconded by Stover, to approve the subdivision to include a lot width variance to 100' for each lot, and subject to the Planner's recommendation dated February 10. 1986, with changes on Item #4 allowing a one (1) year time limit for removal of exist- ing garages, as recommended by the Planning Commission. Motion was approved by Roll Call Vote - 5 ayes. GARBAGE COLLECTION ALTERNATIVE PLANS Administrator Vogt reviewed his report on various types of garbage removal services that could be used. Basically, Contracted service is where the City would contract directly with haulers fon various designated areas of the City at a set price with the City billing its residents for service; a Franchising, where the City would issue a franchise to a hauler for a certalin.district, the hauler would then have the responsibility of billing and collection. . Gagne moved, seconded by Haugen, to direct staff to draft an Ordinance for controlling garbage collection and set up a work session with the haulers to discuss requirements of that Ordinance and set up four (4) districting areas. Motion carried - 3 ayes - 2 nays (Stover and Shaw). COUNCIL MINUTES MONDAY, FEBRUARY 24, 1986 page three . GARBAGE COLLECTION ALTERNATIVE PLANS - continued Hauler Bill Wrede, stated his opposition to the proposed contracting per districts. He feels only the larger haulers will get the contracts. He does not want to lose his current clients. He would be willing to comply with the 4 Ton weight restriction for hauling in order to alleviate the road damages caused by the heavy garbage trucks. Gagne stated that the haulers had not agreed to the 4 Ton restriction so the contacted districting method was created. Mrs. Vogel asked if all residents would be billed for service even if they weren't currently using a hauling service. Rascop stated that there is a current Ordinance in effect requiring garbage re- moval and that all residents would receive service and be billed for that service. He felt that the cost for service should be less for the larger areas contracted. Stover felt that free enter- prise keeps the cost down. Staff will proceed with refining the specifics of the Ordinance with the area haulers. SEASONAL WEIGHT RESTRICTION ORDINANCE NO. 179 . Administrator Vogt submitted a new Weight Restriction Ordinance with a list of major connector streets and streets designed to handle heavier loads as exemptions listed from the seasonal weight restriction Ordinance. He indicated that he has received comments from various developers indicating that the current Ordinance will close down their building from March 1st to May 1st. Gagne moved, seconded by Haugen, to amend the current Ordinance 163 by adding the list of exempted streets as listed in the draft Ordinance. After further discussion, Haugen offered an amendment to omit the list from the Ordinance and require permits to be issued per job site listing all streets used to get to that site. Shaw opposes the method of exempted streets by Ordinance. Developer Tom Wartman feels there should be some flexibility within the Ordi- nance to allow the continuation of building during the weight restriction season. Gagne reaffirmed his motion, seconded by Haugen, to amend the current Ordinance #163 by adding the exempted street list. Motion denied - 3 nays - 2 ayes (Gagne and Haugen). Shaw moved, seconded by Gagne, to reconsider the draft Ordinance. Reconsideration carried - 5 ayes. . Haugen moved to add amendment to issue permits after review by the Public Works Director and include "any vehicles" within Section #4. Amendment accepted by Roll Call Vote - 3 ayes to 2 nays (Shaw and Rasdop) . COUNCIL MINUTES FEBRUARY 24, 1986 page four . SEASONAL WEIGHT RESTRICTION - continued Haugen moved, seconded by Stover, to add a one (1) year limitation to this Ordinance to expire February 24, 1987. MOtion carried - 5 ayes. PLANNERS REPORT Christmas Lake Access Proposal Planner Nielsen reviewed for the Council a letter he sent to the President of the Christmas Lake Ass0ciation explaining the various steps necessary to approve the proposed site for a public access. He explained the run off and drainage plan and estimated a cost of $8000 a year in maintenance to the City for the upkeep of the access. The DNR would participate in the maintenance of the boat ramp. Fire Lane Designation . A request has been received from the Fire Marshall to have the City designate fire lanes on sites on the following properties: Minnewashta School, Sullivan Center, Shorewood Shopping Center, and Our Savior's Lutheran School. Shaw moved, seconded by Gagne, to direct the staff to determine what authorization is necessary to obtain a fire lane use on the four (4) areas listed. Motion carried - 4 ayes - 1 nay (Haugen). Interim Zoning Ordinance Report Reports on the Interim Ordinance changes were submitted for review on Shady Island Zoning and Lakeshore Setbacks. ENGINEER'S REPORT SE Area Trunk Water Status Report A meeting was held this morning with the Developers requesting municipal water service in the SE area of the City. At this time three Developers have signed petitions accepting the assess- ments for that improvement. The final Developer, Near Mountain, has not signed the petition. Council will act on the Resolution for authorization to prepare plans and specifications when the signed petitions have all been received. . Executive Session - City Hall Litigation COUNCIL MINUTES FEBRUARY 24, 1986 page five . ATTORNEY'S REPORT Vine Hill Furniture Code Violation The violation has been turned over to the prosecutor for a formal complaint to be filed~ Bond Counsel Appointment Attorney Froberg recommended appointing Curtis A. Pearson, of Wurst, Pearson, Hamilton, Larson and Underwood, as Bond Counsel for the SE Area Trunk Water System project. Gagne so moved, seconded by Stover. Motion carried unanimously - 5 ayes. ADMINISTRATOR'S REPORTS Corridor Study Meeting Vogt attended the last meeting on the Corridor study where an Enginnering Contractor was selected. A joint meeting has been scheduled for April 2, 1986, at 7:00 P.M. This meeting includes all Councils, Commissions, schools, businesses and contractors involved in the study area. . Garpage Collectors Licensing RESOLUTION NO. 16-86 Administrator Vogt and Attorney Froberg recommended establish- ing the fee of $30.00 for licensing garbage haulers as required by Ordinance #176. Gagne moved, seconded by Haugen, to set by Resolution a $30.00 fee for the Garbage Hauler Licensing fee. Motion carried by Roll Call Vote - 5 ayes. Murfin Property Update A letter dated FebrMary 11, 1986 was received by Horace Murfin regarding a payment schedule that he would accept regarding the proposed purchase of his property adjacent to the City Garage. Rascop directed the Administrator to respond thanking him for his proposal, but denying the offeirdue to lack of City funds f,or liandacquisition. . COUNCIL MINUTES FEBRUARY 24, 1986 page six . MAYOR'S REPORT Volunteers of America Week RESOLUTION NO. 17-86 A request from James Hogie of Volunteers of America to support in recognizing the Week of March 2 - 9 as Volunteers of America Week. Rascop moved, seconded by Haugen, to pass a Resolution in support of Volunteers of America Week. Motion passed by Roll Call Vote _ 5 ayes. Task Force Meeting Mayor Rascop reported that at the last Task Force meeting it was determined that the Kings Point access area would not be developed. They did feel that accesses were needed in Zones 3 and 5, Zone 3 being the Gideons Bay area. LMCD . The LMCD has passed a 2 boat per residence restriction. A "No fishing contest" rule will be brought up at a meeting on February 26, 1986 at Tonka Bay City Hall. COUNOIL REPORTS Finance Committee Appointments Stover reported that the Finance Committee would like to have the Administrator attend their next meeting in order to obtain additional budget information. It is also necessary according to the by-laws to re-appoint the committee at this time. Cbuncil directed the staff to ask the members of their interest in reappointment. Cable Commission Appointment Gagne requested to resign from the Cable Commission due to his inability to attend 5:00 P.M. meetings. Haugen moved, seconded by Gagne, to appoint Shaw as Gagne's replacement on the Cable Commission. Motion carried. APPROVAL/DFCLAIMSi\\iAND ADJOURNMENT . Haugen moved, seconded by Stover, to adjourn the Regular Council meeting of February 24, 1986 at 10:45 P.M. subject to approval of claims and after an executive IlIIleeting for the purpose of discussing a personnel matter. Motion carried unanimously - 5 ayes. COUNCIL MINUTES MONDAY, FEBRUARY 24, 1986 page seven . General Fund 00 00166 - 02 Checks # 31738 - 31786 Checks # 200136 - 200153 Liquor Fund 00174 - 02 Checks # 4391 - 4426 Checks # 200154 - 200165 RESPECTFULLY SUBMITTED Sandra Kennelly City Clerk . . $ 64,414.80 6,187.16 $ 70,601.96 $ 25,303.97 2,398.16 $ 27,702.13 Mayor Rascop