101486 CC Reg Min
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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.
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COUNCIL MEETING
OCTOBER 14, 1986
page two
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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
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