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101486 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING TUESDAY, OCTOBER 14, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order at 7:30 P.M., Tuesday, October 14, 1986, in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Council Meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Council members Haugen, Shaw, Stover and Gagne. Staff Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the minutes of the Regular Council meeting of Monday, September 22, 1986 as written. Motion carried - 5 ayes. Gagne woved, seconded by Stover to approve the minutes of the Budget meeting held Tuesday September 23, 1986 as written. Motion carried - 5 ayes. Gagne moved, seconded by Haugen, to approve the minutes of the Public Hearing held Monday September 29, 1ge6, for Budget adoption, as written. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover referred to the Planning Commission minutes of October 7, 1986 enclosed in the Council Packets. She informed the Council of the Public Hearing that will be held on November 18, 1986 to discuss lakeshore side yard setbacks and outdoor storage. PARK COMMISSION REPORT Shaw reported on the interview with Gordon Christensen of Birch Bluff Road as a candidate for a vacancy on the Commission. Shaw moved, seconded by Gagne, to appoint Gordon Christensen to the Park Commission as recommended by the Commission. Motion carried - 5 ayes. Administrator Vogt discussed with Commissioners Lindstrom and Schmid the issue of fill being placed in Freeman Park. -1- COUNCIL MEETING OCTOBER 14, 1986 page two . CONSENT AGENDA APPROVALS Kennel Purchase A request to purchase an existing dog kennel on City property was received from Kermit Flesness of 5810 Echo Road. Council accepted the $75.00 offer with the understanding that the cement slab restoration would be Mr. Flesness' responsibility. Approval of Payment Voucher Approval of payment voucher #1 and Final in the amount of $32,486.36 to Allied Blacktop Company for seal coating - Project #86-3A. Approval of payment Voucher #2 in the amount of $12,871.00 to E.H. Renner and Son, Inc. for S.E. Area Deep Well - Project #86-1. Approval of Payment Voucher #2 in the amount of $42,051.51 to Volk Trucking & Excavating, Inc. for Smithtown Road replacement - Project #86-3. Approval of payment to the City of Minnetonka for the Vine Hill Road overlay project done by Hardrives, Inc. in the amount of $18,722.11. Covington Vine Ridge - Letter of Credit Reduction RESOLUTION NO. 115-86 . A request was received from Ronald Helmer to reduce the Letter of Credit for the Covington Vine Ridge project to $100,000.00 due to the progress of the work already completed and accepted. Swimming Pool Approvals -5565 Waterford Circle -19650 Chartwell Hill Two pool requests were submitted from Dolphin Pool & Patio for Ronald Lund at 5565Waterford Circle, and Olympia Pools for G. Copeland at 19650 Chartwell Hill. Both requests comply with the requirements of the Zoning Ordinance. Gagne moved, seconded by Stover, to approve the above listed items on the consent agenda. All items approved by Roll Call Vote - 5 ayes. 7:30 PM PUBLIC ~EARING: Delinquent Sewer_Utility Assessment Rolas Delinquent Water Utility Assessment Rolls RESOLUTION NO. 116-86 RESOLUTION NO. 117-e6 . Mayor Rascop opened the Public Hearing ~o accept and levy the de- linquent sewer and water assessment rolls, at 7:40 P.M. after asking for public comment and receiving none, he closed the hearing to the public at 7:42 PM. Haugen moved, seconded by Shaw, to accept and levy the delinquent sewer assessments, Levy #10238 in the amount of $26,521.76. Motion carried by Roll Call Vote - 5 ayes. Haugen moved, seconded by Shaw, to accept and Levy the delinquent water assessments, Levy #10239 in the amount of $3,649.91. Motion carried by Roll Call Vote - 5 ayes. 2- . . . COUNCIL MEETING OCTOBER 14, 1986 page three C.U.P - CEMETERY OF THE RESURRECTION RESOLUTION NO. 118-86 A request to build a 16 x 22 garage on the Cemetery of the Resurrection property on Covington Road was received from St. John the Baptist Church. Because cemeteries need conditional use permits in a R-IA district, a C.U.P.is required for an accessary building. Gagne moved, seconded by Stover, to approve the C.U.P. for an ac-. cessary building as requested. Motion carried by Roll Call Vote - 5 ayes. C.U.P. - 5435 TIMBER LANE RESOLUTION NO. 119-86 Ms. Pat Tarzian of 5435 Timber Lane was present to request a C.U.P. to expand a non-conforming structure. Her request includes the addition of 2 decks which do not increase the non-conformity of the house structure. One deck was added without a building permit for which she is now being double fee'd. Haugen moved, seconded by Stover, to approve the C.U.P. as requested. Motion carried by Roll Call Vote. RESOLUTION NO. 120-86 PRELIMINARY PLAT APPROVAL 24655 YELLOWSTONE TRAIL Tom Wickenheiser was present to request a simple subdivision of two 1 acre lots on Yellowstone Trail with an Outlot for future develop- ment to be accessed off of Wiltsey Lane. Wickenheiser questioned what improvements may have to be made to Wiltsey Lane prior to develop- ment of his Outlot. Nielsen referred to the standards for develop- ment in the Subdivision ordinance. Haugen moved, seconded by Stover, to approve the Preliminary Plat subject to the (5) Planners recommendations dated Oct. 2, 1986 to include a current title opinion. Motion carried by Roll Call Vote - 5 ayes. ATTORNEYS REPORT 1st Reading - False Information Ordinance Council reviewed the draft copy of the False Information Ordinance. This Ordinance has been requested by the Police Department be- cause it is not covered by State statute. Council was not in favor of Section 3 requiring the identification of persons other than the suspected violator. The Council would like to have an officer present at the next reading of this ordinance. Haugen moved, seconded by Gagne, to accept the 1st reading of this ordinance with an amended Section 3 to be drawn for the 2nd reading. Motion carried - 5 ayes. Appointment of Counsel - Waterford Lawsuit RESOLUTION NO. 121-86 The City's insurance carrier has appointed Jerry Abrams of the firm of Austin & Roth in the Waterford Lawsuit. This firm feels that Kenko Insurance Company should have named the City as co-insured in their policy as required, but did not. These types of insurance coverages will have to be checked more specifically in the future. -3- COUNCIL MEETING OCTOBER 14, 1986 page four . Appointment of Counsel - Waterford Lawsuit - cont. Haugen moved, seconded by Stover, to support the appointment of Jerry Abrams of Austin & Roth as legal Counsel for the Waterford lawsuit. Motion carried by Roll Call Vote - 5 ayes. Water Tower Site Status Update Attorney Froberg explained the procedure necessary to obtain title to the water tower site. The state needs to survey the property and determine that the area requested for the tower site is of no further use to the Highway Department. An appraisal is then done and the property is then offered to the City for purchase. Stover questioned what could happen if heirs of the property appeared after all transactions with the state had occurred. Froberg felt that this shouldn't be a problem if they had not appeared prior to the finalization. This procedure could take until spring. Gagne was still in favor of installing a higher tower on land acrued from Trivesco. . ENGINEERS REPORT Award Bid - Project #86-1E - SE Area Trunk Watermain - Widmer Inc. RESOLUTION NO. 122-86 Bids were opened at 11:30 AM today (10-14-86) for the SE Area Watermain extension - Project 86-1E. Seven bids were received. Engineer Norton recommended acceptance and award of the bid from Widmer Inc. in the amount of $39,107.50. Gagne moved, seconded by Haugen, to award the bid for Project 86-1E to Widmer Inc. for $39~107.50 as recommended by the Engineer. Motion carried by Roll Call Vote - 5 ayes. . PLANNERS REPORT Discussion of Proposal Amendment to Lakeshore District Side Yard Setbacks Mr. Frank Fallon was present to encourage the Council to reconsider the new Shoreline District requirement for 20' side yard setback, and return it to the 10' side yard requirement. This directly affects him at this time due to plans of adding on before the frost this fall. Nielsen did feel that this setback has created a number of non-conforming structures that may not exist under the 10' side yard requirement. The Planning Commission will be holding a Public Hearing on this issue November 18, 1986. Discussion of Proposed Amendment - Outdoor Storage Nielsen indicated that there were concerns regarding outdoor storage being the primary use. This issue will also be reviewed at the November 18, 1986 Public Hearing. Near Mo~ntain Grading Permit A grading permit has been requested for the lOth addition of Chestnut Ridge. The final plat has not been filed but the Ordinance does allow for this type of request. Watershed approval has been received. -4- 4Il 4Il . COUNCIL MEETING OCTOBER 14, 1986 page five PLANNERS REPORT-cont. Near Mountain Grading Permi~ - cont. Gagne moved, seconded by Shaw, to approve the grading permit as requested. Motion carried - 5 ayes. Village Pump - Violation Letter Approved Planner Nielsen submitted a letter siting zoning violations on the Village Pump property at 24365 Smithtown Road. Council supported this letter and dir~cted him to forward it to the owner of this property. ADMINISTRATORS REPORTS Union Negotiations Proposals will be brought to the council for their consideration. An executive session should be set for the first Council Meeting in November. Corridor Study The Corridor Study documents are to be available to review at the October 27 meeting. There will be a scheduled public hearing held on November 12, 1986. MAYORS REPORT Financial/Liquor Statements Mayor Rascop thanked the staff for the statements and felt the cash flow statement from Finance Director Beck was very informative. Rascop would like a report generated on the effects of prepays of special assessments on the bond payments for these projects. COUNCIL REPORTS Council Support of June Demos RESOLUTION NO. 123-86 Rascop moved, seconded by Haugen, to draw a Resolution in support of the dedicated years, of service given to Roseville and other communities in her position as Mayor of Roseville and President of the AMM. Motion carried by Roll Call Vote - 5 ayes. Highway 7 Speed Limit Change Shaw would like to find out why the speed limit has changed along State Highway 7 near Galpfurr,Lake during the corridor study process. Administrator Vogt will contact ,MnDOTregarding this change. Resignation of Planning Commission Member - Frank Reese Stover reported that Mr. Frank Reese has submitted his resignation effective 12/31/86 from the Planning Commission. The Council would like to attend his last meeting for a presentation of thanks to Mr. Reese for his many years of service. Liquor Store I Lease Mr. Niemela has agreed to a 6 month lease for Liquor Store I during which time we will continue to negotiate a continuing lease for that store. The total increase for the 6 months is $524.00 over the current rate. -5- . . . COUNCIL MEETING OCTOBER 14, 1986 page six COUNCIL REPORTS - cont. Liquor Store I Lease - cont. Stover would like to thank Bill Josephson for his good management of the Liquor Stores again. Badger Field Fill Discussion Aspen would like to discuss the fill issue at the site. Shaw will notify the Council when the meeting has been set. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Shaw, to adjourn the Regular Council Meeting of Tuesday, October 14, 1986 at 9:20 PM suject to approval of Claims. Motion carried unanimously. 5 ayes. General Fund - Acct. #00-00166-02 Check #32564 - 32641 Check #200616 - 200630 Total $184,409.30 $ 7,442.51 :::; $191,851.-81 Liquor Fund - Acct. #00-00174-02 Check #4958 - 4989 Check #200631 - 200643 $ 41,520.97 :::; $ 2,818.02 RESPECTFULLY SUBMITTED, Mayor Rascop Sandra L. Kennelly City Clerk SLK/slt -6-