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051986 CC Reg Min . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 19, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER The regular Council meeting of May 19, 1986 was called to order by Mayor Rascop at 7:30 PM in the Shorewood 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 Gagne, Haugen, Shaw and Stover. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Admin- istrator Vogt and Clerk Kennelly MATTERS FROM THE FLOOR Mr. Gale Olson of Birch Bluff Road requested the Council's permission to ins tall a neighborhood dock on the Eureka Road [tfLre lane". Council will respond later due to the fact that this issue is on the agenda after the Zoning Ordinance adoption. 7:30 PM PUBLIC HEARING NEAR MOUNTAIN REQUEST FOR VARIANCE TO SUBDIVISION ORDINANCE-FINANCIAL SECURITY . RESOLUTION NO. 56-86 Administrator Vogt referred to the staff memo and explained the new form of financial security. Mrs. Vogel asked if/the City could end up with any of the liability thusly costing the residents any money. Rascop reviewed the security process of having the bank grant a loan for the amount of the Engineer's estimate of improvements. They would allocate money for payment to Title Insurance for payment to the contractors after the City approves the payment. Peter Pflaum has requested a variance to the Ordinance that requires a 150% financial security. Due to the type of financial security used, the banks will loan only 100% of the cost of the project. Haugen moved, Gagne seconded, to approve the variance of 100% of the financial:security. Motion carried by Roll Call Vote - 5 ayes. SHOREWOOD INVESTMENT REQUEST TO RETAIN SWIMMING' POOL A request has been received from Gary Lindgren to retain the swimming pool at 5580 County Road 19. The City has requested that the burned out building and pool be demolished on that site. Mr. Lindgren would -1- CITY COUNCIL MINUTES MONDAY, MAY 19, 1986 page two . SHOREWOOD INVESTMENT REQUEST TO RETAIN SWIMMING POOL - continued like to retain the pool pending an application for rezoning of the property. Planner Nielsen indicated that the order for removal was dated April 28, 1986. He has no problem with retaining the pool if fenced. Council questioned the reason for the delays in the demolishing of the building. Lindgren indicated that the State Fire Marshall's investigation had been delayed an-a--thatT-he---leBt-4;he cf-ipBtcontractor due to the delay. He also just obtained legal control from the prev- ious owner, and their bank. Haugen moved, seconded by Shaw, to allow the pool to remain, fenced and empty of water at all times, for 45 days subject to receipt of application for rezoning, if application is not received and improve- ments are not done on the site, the pool will be filled in at the owners expense. Motion carried - 5 ayes. Shaw moved, seconded by Haugen, to cite June 9th as a deadline for removal or the City will proceed with a public hearing to improve the site and reassess the cost of removal back to the owner, as suggested by Planner Nielsen. Motion carried - 5 ayes. . Shaw moved, seconded by Haugen, to direct the staff to find out why the State Fire Marshall investigation took so long and file a com- plaint with the state. The site could be a dangerous situation. Motion carried - 5 ayes. ZONING ORDINANCE DISCUSSION Planner Nielsen reviewed variations to the interim Zoning~Ordinance to be incorporated into the final Zoning Ordinance for formal adopt- ion. The Council discussed at great length the area of the Ordinance re- gaRding the proposed regulations to install a dock on a "fire lane". They discussed insurance coverage and dock installation responsibility. The Council referred the questions on the responsibility of instal- lation of the dock and obtaining insurance coverage to the Park Com- mission. They were currently meeting, and will return with their recommendation during this Council meeting. The Zoning classification for Shady Island was discussed. Mr. Dick Spellman spoke in favor of the R-IB Zoning, Bill Bohnhoff felt the R-IC was more appropriate. Gagne moved, seconded by Stover, to zone Shady Island R--IB. Motion carried - 3 ayes - 1 nay (Shaw) - 1 abstain - (Rascop) . . COUNCIL BREAK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8: 45 - 8: 55 -2- CITY COUNCIL MINUTES MONDAY, MAY 19. 1986 page three . ATTORNEY'S REPORT . . Clarification of the Enforcement of Or dinanc e"1f147 Council reviewed the Ordinance to insure that the "no fishing" areas can be enforced. Council directed that th~se areas be posted so that the police can enforce Ordinance #147. Haugen moved, seconded by Rascop, to direct the Attorney to draw a Resolution listing the areas to be posted "no fishing": Enchanted Lane adjacent to the lakeshore, Shady Island bridge and Timber Lane adjacent to lakeshore. Resolution adopted by Roll Call Vote - 5 ayes. RESOLUTION NO.57-86 Resolution of the Aquisition of. the Property at 5795 Country Club Road Attorney Froberg submitted Resolution #52-86 regarding the purchase of the property located at 5795 Country Club Road. He ~nformed the Council that the closing date will be July 2, 1986. Echo Road resident, Ms. Carroll, asked if a Conditional Use Permit would be needed to use this property in the R-IC zone for office space or a police department office. Attorney Froberg stated that the Ordinance does provide for the City to use the propery as office space without issuing a Conditional Use Permit but he did recommend that a public hearing be held prior to determining the use. Mrs. Vogel and Mr. Royce questioned the possibility of adding onto the existing building. Kathy Siegman read and then presented a signed petition opposing the purchase of this property as an extension of the City Hall. Mrs. Royce felt that the area residentsl)sh(!)uldu,tIave~d'iadadditiQr'1al notification prior to the purchase of this property. Mrs. Vogel asked whether the residents had the right to vote on this issue. Froberg referred to the State statute that provides for this acquisition without a referendum vote. Mr. Royce wondered what cost there might be to the City if they did not follow through with the purchase of the house. Froberg felt that we could be responsible for the difference of the sale price if they have to reduce their price to sell to someone else. Rascop stated that a public hearing will be held to determine the allowable use for the Conditional Use Permit. There will be a notice in the legal newspaper and notices will be sent to all property owners within a 500' radius of the property. -3- CITY COUNCIL MEETING MONDAY, MAY 19, 1986 page four ~ CONTINUATION OF ZONING ORDINANCE DISCUSSION . . Shaw returned the Park Commission's recommendation on the installation of the dock on a "fire lane". The Park Commission feels a profession- al dock installer with insurance to ensure proper installation should install the dock; that the City will obtain the insurance coverage on the City policy to cover the liability of that dock; that the resi- dents will apply for a permit each year to install that dock, and the fee for that permit will equal the additional cost to the city to add the dock coverage on the City policy; and that the applicants request- ing the dock permit obtain and pay for the installation of the dock. Mr. Gale Olson objected to the cost of installation and insurance, he didn't feel the few people that make application for the dock permit should have to pay it. He felt that it is a public dock and could be sued by others not paying the permit fee and installation costs. Mr. Howard Lerohl confirmed that the City owuld be responsible to keep the access clean. Gene Ruffenach asked the Council to postpone the adoption of the dock portion of the Ordinance until the next meeting in order to obtain insurance cost coverages for the dock. Haugen moved, seconded by Gagne, to postpone the adoption of the dock regulation portion of the Ordinance until June 9, 1986. Motion car- ried - 5 ayes. Stover moved to accept the balance of the Zoning Ordinance including designating Shady Island as R-IB and omitting Section 3 - Class 3 Fire lanes. Stover then withdrew her motion. Haugen moved to reconsider the tabling of Section 3, Class 3 fire lanes (dock regulations), seconded by Gagne. Motion carried - 4 ayes - 1 nay (shaw) Gagne moved, seconded by Stover, to remove the "fire lane" portion of the Ordinance from being tabled. Motion carried - 4 ayes - 1 nay (Shaw) . Stover moved, secnded by Gagne, to include amendments to Subdivision # 19 Fire lane, Sections A, C and 6. Motion carried - 5 ayes. ZONING ORDINANCE ADOPTION ORDINANCE #180 Stover moved, Gagne seconded, to adopt the new Zoning Ordinance to include items 1 - 9 of the LMCD ordinance, amendments made by motions and Planner's recommendations to Ordinance #168. Ordinance adopted by Roll Call Vote - 4 ayes - 1 nay (Shaw). -4- CITY COUNCIL MINUTES MONDAY, MAY 19, 1986 page five . ADMINISTRATIVE REPORTS Corridor Study Alternative plans from MnDOT concerning the Corridor Study will be delivered this week. . . Met council Recycling A check in the amount of will be submitted to the Recycling reimbursement. $113.76 was received from Met Council and South Tonka League of Women Voters for the Council approved the reimbursement. Board of Review The Board of Review is set for May 22nd at 7:30 PM at City Hall. Finance Committee Report Stover received a request from the Finance Committee to have each of the Department heads present their budget to the Finance Committee, then they would make the first round cuts and submit that to the Administrator. Vogt felt that the job was already being done by him and the Depart- ment head. Council did not feel that the Finance Committee's re- quest was needed. Council suggested they study police funding, sewer revenue and census benefits. Haugen would like to see a Work Shop set up for all City Commissions to discuss City concerns. Police Districts Support Stover has discussed her police district proposal with many of the area residents and received good responses. Gagne moved, Rascop seconded, to support the concept of the police district approach. Motion carried - 5 ayes. Administrator Vogt read a letter to be submitted to the joint power cities asking them to approve one of the 3 proposed police contract specifications. The Council will submit that request with a res- ponse time stated and a copy of the police district proposal to each of the cities for response. COUNCIL REPORTS Murfin Property A call was received on June 1, 1986, informing the Council that his property has been sold and that the oil storage tanks will be removed. -5- CITY COUNCIL MINUTES MONDAY, MAY 19, 1986 page six ~ APPROVAL OF CLAIMS AND ADJOURNMENT Rascop moved, seconded by Haugen, to adjourn the regular Council meet- ing of May 19, 1986 at 11:17 PM subject to approval of the claims. General Fund - Acct #00-00166-02 Checks # 32048 # 32093 Checks #200306 - #200320 $ 223,290.94 6,906.73 $ 230,197.67 Liquor Fund - Acct #00-00174-02 Checks # 4615 - # 4668 Checks #200321 - #200334 $ 51,810.85 2,589.68 $ 54,400.53 RESPECTFULLY SUBMITTED, ~ Mayor Rascop Sandra L. Kennelly City Clerk SLK: sn .