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021185 CC Reg AgP t~ r1}," r ' 4 \. p .. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MON., FEBRUARY 11, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. AGENDA CALL TO ORDER A. Pledge of Allegiance and Prayer B. Roll Call Mayor Rascop Haugen- Shaw- Stover- Gagne_ 1. APPROVAL OF MINUTES A. Traffic Study Informational Meeting - January 21, 1985 (Attachment la) B. Regular Meeting - January 28, 1985 (Attachment Ib) C. Special Meeting - February 4, 1985 (Attachment lc) 2. MATTERS FROM THE FLOOR A. B. 3. PLANNING COMMISSION REPORT A. B. 4. PARK COMMIS'SION REPORT (Refer to Attachment 4 - Park Commission Minutes 2/4/85) A. Recommended Amendment to Ordinance #140 (Attachment 4a-Ordinance) B. Amendments to "Rink Policy" (Attachment 4b-Pages 8 .& 9) C. Police Building Recommendation (Refer: Park Comm. Mins.) D. 5. CONSENT AGENDA - APPROVAL Item A - Weed Inspector Appointment Recommend - Mayor Rascop and Dennis Johnson Item B - Adopt Well Study Committee By-Laws (Attachment 5b) , .- t: AGENDA REGULAR COUNCIL MEETING MON., FEB. 11, 1985 page two Consent Agenda - Approval, continued: Item C - Set Board of Review Date Recommend - May 23, 1985 - 7:30 P.M. (Attachment 5c) Motion moved by Seconded by Vote 6. SIGN PERMIT REQUEST Applicant: ICO - Tom Wilharm Location: 5680 County Road 19 (Attachment 6-Planner Rpt) 7. 2ND READING - WEIGHT RESTRICTION ORDINANCE (Attachment 7-0rdinance copy) 8. 8:00 PM PUBLIC HEARING ROAD VACATION REQUEST Applicant: Shorewood Oaks Development, Inc. Location: East extension of W. 62nd Street (Attachment 8a-Legal) (Attachment 8b-Ordinance draft) (Attachment 8c-Location map) (Attachment 9a-Planning Rec.) (Attachment 9b-Park Rec.) (Attachment 9c-Staff Report) 9. FIRE LANE DISCUSSION 10. FINANCE COMMITTEE REPORT - STEVE FRAZIER (Attachment 10-Report)** ** Report to. 11. ATTORNEY'S REPORT follow A. Cabalka Discussion (Attachment lla-Kelly letter) B. 12. ENGINEER'S REPORT A. Change Order #1 - Project #84-5G Waterford Grading Project (Attachment 12a) B. iJ&:""".' CITY OF SHOREWOOD '. . .......:... TRAFFIC STUDY MEETING MON., JANUARY 21, 1985 ~ :".\'t~.~. . ,:.;.~.,..._ .'.,..,....it'l; "I....~.. ......""i.:.~'-9 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Traffic Study informational meeting was called to order by Mayor Rascop at 7:47 P.M., January 21, 1985. ROLL CALL Present: Mayor Rascop;Councilmembers Stover, Shaw and Gagne. (Haugen absent). Staff: Engineers Norton and Morast; Administrator Vogt; and Planner Nielsen. TRAFFIC STUDY REVIEW Engineer Norton presented opening comments and discussed the reasons for the Traffic Study. He reviewed the current traffic problems at the existing intersection, he then reviewed the proposed plans for the new intersection and the alteration for the existing intersection at Vine Hill Road. Engineer Bob Morast then reviewed the study in detail. Comments and questions were received. Burger King representatives present were Jim Winsted, owner; Linda Fischer, Attorney for Burger King; and Ken Anderson, Traffic Engineer retained by Burger King. Questions also came from other business owners in the area and some resident comments were also received and answered by staff. ADJOURNMENT Gagne moved, seconded by Rascop to adjourn after all concerns had been addressed at 10:00 P.M., January 21, 1985. Respectfully submitted, Daniel Vogt City Administrator Mayor DJV:SLK:pr tCL CITY OF SHOREWOOD REGULAR COUNCIL MEETING MON., JANUARY 28, 1985 . ~OUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. t M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor. Rascop at 7:32 P.M., January 28, 1985. PLEDGE OF ALLEGIANCE II Mayor Rascop opened the meeting with the Pledge o~ Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop; Councilmembers Stover, Gagne, Shaw, and Haugen (arrived 7:45 P.M.) Staff: Attorney Larson, Engineer Norton, Engineer Morast, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Stover to approve the minutes of the Special Meeting of~December 17, 1984 as written. Motion carried - 4 ayes. Gagne moved, seconded by Shaw to approve the minutes of the Regular Council Meeting of January 14, 1985 as corrected in the Official Minute book. Motion carried - 4 ayes. PARK COMMISSION REPORT Gagne reported that Guy Streater representing the American Legion presented the Park Commission with a donation of $2,000 to be used at Cathcart Park for play equipment similar to the equipment at Badger and Manor Parks. The Commission discussed the acquisition of the Bruce/ Dayton property. Gary Carl informed the Council that the skating party to be held on February 3 will be at Cathcart Park. RESOLUTION NO. 6-85 TAX FORFEIT.LAND Shaw moved seconded by Gagne to release the land identified as PID# 32-117-23-13-0035 for State Land sale. Motion carried ~ 4 ayes (Haugen arrived 7:45 P.M.). CONTROLLED SUBSTANCES ORDINANCE ORDINANCE NO. 162 Council reviewed the 2nd draft of the Controlled Substances Ordinance. Stover clarified questions on amounts of substances and penalties.' Gagne moved, seconded by Rascop to accept the 2nd reading and adopt the Ordinance as presented. Motion carried - 5 ayes, by roll call vote. Jb . &INUTES REGULAR COUNCIL MEETING MON., JAN. 28, 1985 page two 7:45 PM PUBLIC HEARING TRAFFIC STUDY REPORT City Engineer Norton introduced Engineer Morast who then went through an explanation of the technical aspect of the traffic study. He reviewed the current intersection and traffic flows and the proposed new inter- . section and the manner of traffic flow that will then be followed. Morast reviewed three alternative plans for the new intersection. Mr. Duane Brown, the district Engineer for MnDOT was present. Mayor Rascop opened the hearing for public comments: Comments were received from the following people: Kipp Johnson, What alternative plan is being recommended - Alternative #3. Attorney Linda Fisher, representing Burger King and owner Jim Winsted and Traffic Engineer Ken Anderson were present. Attorney ,Fisher presented the view of Mr. Winsted and concluded in their opinion that this will harm the business by adding additional traffic time and confusion for their customers. Larry Buesgen, 20090 Excelsior Blvd. had concerns of added noise because of intersection and possible rezoning to the north side of the highway. Planner Nielsen reviewed the tentative plans for the north side of the intersection, he also did not feel any commercial zoning could result there because of current protected wetlands. Ed Flaherty, owner of Rapid Oil Change and Video Update would like the City to work with the area business people to come to a more acceptable solution to the present intersection. A letter will be submitted re- presenting the group. His concerns were loss of income and felt a realignment of the present intersection could come from revenue from the Trivesco project. He supported a corridor study from Highway 101 to Excelsior. .He felt that changing this intersection for added safety had not been proven to him sufficiently. Carly Peterson Blister did not feel the current plan was any safer than the present conditions. Kipp Johnson, Skipperette, wanted to know what would stop the Stratford area residents from using Shady Hills as a short cut. Haugen indicated a plan for a barrier to be installed on Shady Hills Road at Vine Hill Road. Harry Niemela, Vine Hill Furniture, felt the intersection proposals are an after thought after the development of Trivesco was approved. He felt that the business should have been given first priority and. they were not properly informed of. any changes. Haugen indicated the long history surrounding the intention to improve this intersection and various meetings with the ,business people keeping them informed of all the various proposals over the past years. Gary Carl asked what a corridor study consisted of? Engineer Morast explained that a request would be made to MnDOT and they would determine the need and who would be responsible for the cost of the study. '. . MINUTES REGULAR COUNCIL MEETING MON., JAN. 28, 1985 page three Ken Anderson, Traffic Engineer asked why the south side of the existing intersection has to be closed as recommended in this study. Morast stated that the new development area would allow an intersection that would correct the existing safety problem. Concerns that MnDOT would not like or make funds available for 2 intersections so close together. Engineer Brown of MnDOT stated that H.E.S. funds may not be available. Further clarification of plans should continue with MnDOT for their input and for the possibilities of funding. .-''''.It_:,_,<\:-:O''I!'';:~1.'~- . Mayor Rascop closed the public portion of the hearing at 9:20 P.M. to be continued at the February 25, 1985 Council meeting. Written comments to be accepted until that time. Council Break 9:22 P.M. to 9:30 P.M. 8:30 PUBLIC HEARING {opened at 9:30 P.M.} ORVILLE HASTINGS VARIANCE REQUEST RESOLUTION NO. 7-85 Mr. Hastings of 5495 Radisson Entrance was present to request a variance to expand a nonconforming structure, by adding onto the north side of his home and not expand the conformity. A variance was given to build the house within the setback area because of the topography of the lot. Public portion of the hearing was closed at 9:32 PM with no public comment. Shaw moved, seconded by Stover to approve the variance based on the hardship of lot topography. Motion carried by roll call vote - 5 ayes. PARK ACQUISITION Planner Nielsen reviewed for the Council his report on the projected revenues to the Park Fund. Gagne indicated that the Park Commission was strongly in favor of the Dayton/Bruce location and would be willing to deplete their funds to purchase this property. They would like to retain a $10,000 balance. Shaw moved to offer to Jim Bruce an $89,000 cash offer payable in June, 1985, subject to a limit of $20,000 transfer from the sewer fund to be repaid in 3 equal payments at a rate of 8%, seconded by Gagne. Motion carried - 5 ayes. ROAD WEIGHT RESTRICTION ORDINANCE 1ST READING Attorney Larson reviewed the draft of the Road Restriction Ordinance, dates covered and exemptions were discussed. Stover informed the Council of a Finance Committee member's extensive report on sanitation removers and recycling. Engineer Norton said that 1 garbage truck had as much impact on the roads as 1,200 passenger cars had. Gagne moved, seconded by Haugen to accept the 1st reading and return the Ordinance for a second reading. Motion carried - 5 ayes. Mayor Rascop would like Mr. Fonte td/submit his report to the Council for information. '(<i~:W;i(tY ";~'.:".?k' .. .MINUTES REGULAR COUNCIL MEETING MON., JAN. 28, 1985 page four WATER SERVICE REQUEST - OUR SAVIOR'S LUTHERAN CHURCH A request has been received from Our Savior's Lutheran Church, 23310 State Highway 7 to allow the extension of a water line from an Excelsior supply. This would entail an extension of approximately 65 feet from the existing line on Park Street. Engineer Norton estimated a cost of $8,300 for that extension, he also felt that the extension could be made by the Church's contractor at the same time as the service was installed, as long as they followed the Engineer's recommendations, supply bonds and have inspected by the City Engineer. Haugen moved, seconded by Shaw to approve the water extension to the Excelsior system with all costs to be assumed by the Church and with the approval of the City Engineer. Motion carried - 5 ayes. ENGINEER REPORTS Staff informed the Council of the possible suit of nonpayment to a sub- contractor of Jedlicki, Inc. on the Ivy Lane Stcbrm Sewer Project. The City paid off all funds owing on the project but one of the suppliers, Magnuson Sod was not paid by th~ subcontractor, Doc Blanchard. No formal action has been taken against the City at this time. ADMINISTRATOR REPORTS Special Assessment Policy Meeting Council discussed the memo from staff reviewing various assessment policies the Council could :consid~ if a "Special Assessment Policy" is to be enacted. Council set.a special meeting for 7:30 P.M., Monday, February 4, 1985 to discuss the direction of a Special Assessment PoliCY. Well Study Committee Establishment Council discussed setting the guidelines of the Committee by appointing goals to arrive at in the best interest of the City and a time limit to report a recommendation back to the Council on each community well in the City. The members of the Committee will be appointed for this project alone after the By-Laws are determined. Attorney Appointment Administrator Vogt submitted to each Council member. copies of all resumes received from interested law firms and attorneys. Office Remodelin Pro ect Planner Nielsen submitte 2 quotes for the remodeling and changing locat.ion of his office into the present kitchen area. Shaw moved, seconded by Stover to accept the bid submitted by the Ken Roelofs Co. in the amount of $1,810. Motion approved - 5 ayes. . . . . MINUTES REGULAR COUNCIL MEETING MON., JAN. 28, 1985 page five MAYOR I S REPORTS. LMCD Report Mayor Rascop reviewed raises in Commercial Dock Licenses, limiting sizes of Charter Boats to 70 feet long and 20 feet wide, Ordinance to require fencing and lights around open docks in the winter and an Ordinance to prohibit the sale of liquor on the lake. (Not lakeshore). Police Department Rascop reported on the Police Department finger-printing children for identification;prints to be retained by parents. He also said that Shorewood had the highest false alarm offenders. COUNCIL REPORTS The League of Minnesota Cities will be held on January 29, 1985. Haugen directed Vogt to send a letter to Mr. Horace Murfin asking him to donate a strip of land adjacent to the City Garage area. The City has been using this area for ~ long time. Stover requested that the 2 liquor stores remain open for another year because of the improvement shown with the new management. Steve Frazier would like to come to the Council with suggested projects for the Finance Committee to pursue. Council directed that he be placed on the Agenda. A request for Financial Statements was received from the Finance Committee. Rascop moved, seconded by Haugen to get copies for the Committee. A request was received from Mr. Berman of 20390 Knightsbridge Road to solve his problem of "bad water" caused from being on the end of a water line. Norton will return with a report on the ways to correct this problem. Nielsen informed the Council that a request for 1 building permit has been requested on the Waterford project. Until all of the final agreements have been signed, this will be the only permit issued. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Rascop to adjourn the Regular Council Meeting of January 28, 1985 at.ll:20'P.M.subject to approval of claims for>, payment. Motion carried unanimously - 5 ayes. General. Fund Liquor Fund (Acct. # 00166) (Acct. # 00174) Respectfully submitted, Mayor . Check # 29954 29955 29956 29957 29958 29959 29960 29961 29962 29963 29964 29965 29966 29967 29968 29969 29970 29971 29972 29973 29974 29975 29976 29977 29978 29979 29980 : 29981 29982 29983 29984 29985 29986 29987 29988 29989 29990 29991 29992 29993 29994 29995 29996 29997 29998 29999 30000 30001 30002 30003 30004 30005 30006 30007 30008 G~L - CLAIMS PAID SINCE ~ TO WHOM PAID U.S. Postmaster Schoell Madson Inc. Mn Dept Pub Safety Mn Dept Revenue Best Buy Co. Brad Nielsen Comm of Revenue State Treas. State Treas. Metro Waste Control Comm of Revenue State of Region Mary Dalton Ken Roelofs Const. Co. AT&T Systems Acro Minnesota A&G Electric Budget Paper Co. City of Mound City of Tonka Bay Chemsearch Andersen & Associates General Communications Gross Office Supply Hennepin County Dept Prop Taxation Institutional Sales Lyman Lumber Co. Minnegasco Metro Area Manage Assoc. Minnesota Daily Matthias, Roebke, Maiser Mn Dept Economic Sec. Miller Davis U.S. Postmaster Evelyn Beck Roger Day Roberta Dybvik Dennis Johnson Sandra Kennelly Susan Niccum Brad Nielsen Daniel Randall Patricia Ray Howard Stark Daniel Vogt Ralph Wehle Don Zdrazil Nicholas Davidson Marty Jakel Michael Fogelberg Jerry Sachs State Treasurer Mtka State Bank Comm of Revenue JANUARY 28, 1985 PURPOSE S&W Billing $ Waterford Project Truck License Fuel Tax - Dec. Microwave Oven Refund - WH Savings SWH Taxes Payroll FICA" " PERA " Dec Sac Charges 4th -\ Water Tax Haugen - Registration Clean City Hall Downpayt CH Remodel Communication Office Supplies. Repairs CH Supplies 1st -\ Fire Contract 4th -\ Water +. L.i;fot #2 Chemicals-Water Street Signs - Noble Radio Systems Install Office Supplies B&R Prisoners 5, Parcels~Spec Assess. 4 Drawer Legal File Repair Mailbox Utilities Membership 1985 Ad - Rink Attendants Sept-Nov Financials Uhrhammer-4th -\ Claims 1985 Cigarette Licenses Postage Salary " " " " " " " " " " " " " Rinks " " " " " " FICA - Payroll FWH " SWH " AMOUNT 172.68 2,114.00 14.75 50.34 219.88 190.00 732.00 1,492.17 887.03 841.50 36.66 13.00 56.00 500.00 55.77 313.32 567.24 165.45 1,052.95 6,455.56 176.48 16.93 2,014.15 33.16 310.25 65.05 129.00 3..57 1,013.54 5.00 11.20 975.00 2,292.00 8.75 60.00 666.31 616.64 436.49 590.55 578.87 390.16 673.24 601.84 418.25 553.66 800.72 554.87 749.25 116.88 169.88 123.25 166.25 1,855.48 1,504.00 893.00 GENERAL Check # 30009 30010 30011 30012 30013 30014 30015 30016 30017 30018 30019 30020 30021 30022 30023 30024 30025 30026 30027 30028 30029 30030 30031 30032 . TO WHOM PAID State Treasurer Metrofone NSP NW Bell Orr-Schelen & Assoc. Satellite Ind. Village Sanitation Tonka Printing City of Mtka Roger Day Dennis Johnson Daniel Randall Void Brad Nielsen Orr-Schelen & Assoc. City of Excelsior SLMPSD SLMPSD Metro Waste Control Key Leasing Share Corp. Susan Reid Evelyn Beck EBA JANUARY 28, 1985 AMOUNT 1,085.65 22.79 1,021.48 348.86 17,908.55 119.78 69.00 68.00 498.99 560.12 560.12 560.12 -0- 155.27 22,381.57 1,030.69 233.83 22,369.50 20,370.69 223.30 130.58 113.55 44.22 1,991.64 . - 2 - PURPOSE. PERA - Payroll Lease - Beepers Electric Service Traffic Study Service Cathcart Jan Service Gagne-Bus. Cards 4th ~ Water Purch. Cash Settlement-Union " " " " " " Materials-Offic~ Waterford 4th ~ Water Purchases Dec Booking & Court OT Police Contract Feb Sewer Charges Lease - Copier Shop Supplies Planning Refund Jan Travel Expense Insurance Prem -Feb $ Total ~$127~372J27 . . LIQUOR Check # 2993 2994 2995 2996 2997 2998 2999 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 .. JANUARY 28, 1985 , AMOUNT $ 28.13 135.30 37.54 -0- 789.15 150.00 272.33 12.00 208.85 131.00 122.21 '7,405.05 1,524.48 765.22 113.66 351.30 204.50 99.04 9.45 86.75 429.70 113.00 164.75 123.50 123.00 464.46 146.00 218.28 131.75 382.50 199.33 224.00 117.00 116.64 22.00 85.50 92.39 546.47 1,715.00 882.50 1,307.56 1,990.30 809.02 114.49 695.11 2,020.75 2,180.98 2,654.50 29.00 36.20 796.41 257.24 235.65 $31,870.94 . CLAIMS PAID SINCE TO 'WHOM PAID Eagle Wine Company Happy Tyme Co. Johnson Bros Liquor Void Griggs Cooper & Co. Matthias-Maiser NSP Mn Dept Pub Safety State Treasurer Comm of Revenue State Treasurer Comm of Revenue. . Quality Wine Co. Griggs Cooper Prior Wine Company Ed Phillips & Sons Village Sanitation Twin City Wine Mn Bar Supply Susan Culver Russell Marron Bob Nash Don Tharalson Stephen Thies John Josephson Bill Josephson Susan Latterner Steven Maeger Ste,wart Peterson Dean Young State Treasurer Mtka State Bank Comm of Revenue State Treasurer Russell Marron Mn Victoria Oil Twin City Wine Co~ Johnson Bros Co. Ryan Properties Harry Niemela Quality Wine Bellboy Corp Griggs Cooper Paustis & Sons Quality Wine East Side Beverage Jude Candy & Tobacco Mark VII Nelson Enterprises G&K Services Twin City Wine Ed Phillips & Sons Prior Wine Co. 'PURPOSE Wine ,Purchases Misc. " Wine " Liquor " Aug-Sept Financials Utilities Off Sale Buyers Card }O' I CA SWH PERA Dec Sales Tax Wine & Liquor Purchases Liquor " Wine Purchases Wine " Jan Service Wine Purchases Misc " Salary " " " " " " " " " " FICA FWH .SWH PERA Mileage Fuel Wine Purchases Wine & Liquor Purchases Feb Rent #1 " " #2 Wine Purchases -Liquor Liquor Purchases Liquor " Wine " Wine & Liquor Purchases Beer Purchases Purchases Beer Purchases Bellboy Delivery Laundry Wine Purchases Wine " " " TOTAL , .-.. CITY OF SHOREWOOD SPECIAL COUNCIL MEETING MON., FEBRUARY.4, 1985 . .COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Special Council Meeting of Monday, February 4, 1985 was called to order by Mayor Rascop at 7:32 P.M. ROLL CALL Present: Mayor Rascop; Councilmembers Gagne, Haugen, Shaw and Stover. Staff: Administrator Vogt; Planner Nielsen; and Clerk Kennelly. SPECIAL ASSESSMENT POLICY DISCUSSION Gagne stated three steps he felt that the Council will have to deal with: 1. Whether or not a policy is needed. 2. If so, what type of policy? 3. Is the policy legally defendable? Stover felt that the ad valorem procedure was the easiest and fastest manner to proceed. Haugen reviewed the requirements and time limits presently before the legislature td use the ad valorem method. Council discussed assessing the "affected area" method and the defense of the cost assessed equaling the increased value to the affected property. Vogt questioned the Council if a policy to assess was in place and major objection came from the affected residents, would the Council follow through with the project and the assessment? And if not, who would then absorb the expense already concurred by the preparation work on that project? Other questions on the responsibility of old problems not repaired correctly, other cities contributing to problems, and petitioners being responsible for feasibility cost. Council reviewed sample policies for other cities, siting Eden Prairie as a good example, and various portions of other policies. Council directed the staff to return with a draft policy to be reviewed by legal staff and submit for review on February 25, 1985 Council meeting. WELL STUDY COMMITTEE BY-LAWS Council set up Committee By-Laws to follow for a "Well Study Committee" when it is set up. 1. Seven member Committee ..(five members if seven can't be obtained). 2. Wells to be studied only. A. Recommendation on each well and a combined recommendation to be submitted in writing. 3. Committee organized for six months only. J~ .. .. ...., . eNUTES SPECIAL COUNCIL MEETING MON., FEBRUARY 4, 1985 page two Well Study Committee By-Laws, continued: 4. 5. 6. 7. 8. 9. 10. 11. Administrator Vogt - appointed as only contact person. All study information to be obtained by Committee members - not City staff. Chairman to be appointed at their recommendation. Committee to set their own meeting schedule. No Council participation. Staff input only by approval of Administrator. Recommendation to be at the "best interest of the City". Three absents will constitute removal from the Committee. ATTORNEY DISCUSSION Jim McKinnon and Bob Standke were present representing their firm and asking the Council to consider them for the appointment to City Attorney. Council felt that they would not consider their application now, because a deadline of January 25, 1985 for applicants was published. Council reviewed all applications and set the first interviews for February 20 and 21 at 7:00PM and 8:00PM. ADJOURNMENT Haugen moved, seconded by Stover to adjourn the Special Meeting of February 4, 1985 at 9:50 P.M. Motion carried unanimously - 5 ayes. Respectfully submitted, Sandra Kennelly City Clerk Mayor I CITY OF SHOREWOOD PARK COMMISSION MEETING MONDAY, FEBRUARY 4, 1985 . .Y 5755 7:00 CLERK'S OFFICE COUNTRY CLUB ROAD PM M I NUT E S CALL TO ORDER Chairman Lindstrom called the meeting to order at 7:03 PM. ROLL CALL Present: Chairman Lindstrom, Commissioners Carl, Schmid, Butterfield, Stein, Jakel and Kooi; Mayor Rascop; Council Liaison Gagne; Administrator Vogt; Planner Nielsen and Deputy Clerk Niccum. BADGER PARK - LEGAL STATUS - POLICE BUILDING The Park Commission had been approached by Mayor Rascop, who asked about the possibility of building a police building in the northeast corner of Badger Park. He had asked: - How the property was acquired? - If they would review the Badger Park file? - What are the conditions? - Are there any restrictions? Administrator Vogt and Planner Nielsen prepared the attached report which states: The property was purchased by the City of Shorewood in 1964 from Mr. Kenneth Hampton for $13,000, 20% was paid out of General Funds and 80% was paid out of Park Funds. According to the deed, checked February 1, 1985, no special prov1s1ons or restrictions existed when the land was purchased to indicate exclusivity of usage for Badger Park property. Staff recommends that any proceeds for any resale of property should be directed to the Park Fund. A special concern of the Park Commission would be screening and landscaping of the parking areas. Administrator Vogt said if there are any more questions on Badger Park or if the Commission wishes any further information to please let him know. Council Liaison Gagne said that the Police Commission would like some type of input as to what the Park Commission would like back in return, if they are interested in the idea of a police building in Badger Park. Mayor Rascop said Shorewood would maintain the title on the property. Shorewood would probably build the building and lease it back to the Police Department. If the Police Department ever moved, the land and building would revert back to the City. ~ F PARK COMMISSION MEE~ MONDAY, FEBRUARY 4, 1985 page two . BADGER PARK - LEGAL STATUS - POLICE BUILDING continued The Commission dixcussed the issue at length. Carl moved, Kooi seconded, to recommend to Council that, in lieu of usage of this parkland, they request $10,000 or services, and, after the bonds on the building are paid off, that the rent on the building be placed in the Park Capital Improvement Fund. Also that they request a list of possible services. Some suggestions were: a station exercise track - two story walkout building - a meeting room available for City use - parking lot usage for park purposes - handicapped bathroom usage available during park hours Butterfield offered an amendment, Schmid seconded, to read "$10,000 in cash and services". The amendment was accepted by Commissioners Carl and Kooi. Motion carried unanimously. SHADY HILLS PARK - LEGAL STATUS Administrator Vogt and Planner Nielsen also prepared a written report on Shady Hills Park (see attached). This property was purchased by the City of Shorewood on April 8, 1963 from Mr. Edward Herman for $4,000. It was entirely paid for by Park Funds. There are no restrictions placed on the use of the property. It can be sold but the City must retain ownership of the ponding/drainage area, along with an easement for access to it. If the City decided to sell the property, the City Engineer should be consulted regarding specific size of the drainage area, size of easement, etc. Shady Hills neighbors did contribute $1000 in 1963 and $200 in 1964 toward the park. This should be discussed with the City Attorney in case it has any bearing upon decisions made concerning the park. Commission discussed selling it back to the neighbors. Planner Nielsen pointed out the expense involved in subdividing the property. They also discussed a request that the neighbors be allowed to fix up the prop- erty, wondering about the legal repercussions in case of accident or injury. The Commission wondered if there are any buildable lots that could be sold. Schmid moved, Stein seconded, to table Shady Hills Park discussion until the next meeting. Motion carried unanimously. . PARK COMMISSION MEE~ MONDAY, FEBRUARY 4, -~5 page three . , (Mayor Rascop, Council Liaison Gagne, Administrator Vogt and Planner Nielsen were excused from the meeting.) MANOR PARK WARMING HOUSE Mrs. Randy Peterson of the Manor appeared before the Commission. She said she has talked to some of her neighbors and they are willing to provide labor to work on the warming house, but don't want to be responsible for the warming house as attendants. She said there are a lot of children in the neighborhood that would like to use the warming house. She also said that some of the neighbors are discouraged because Manor Park seems to be "on and off", never completed or maintained like the other Parks in the City, causing even neighborhood children to go other places for activities instead of using their own park. The Park Commission is concerned about the vandalism, one thought was that if the neighborhood became involved and did some of the work, they might have more pride in it and be more likely to protect it, another was that the people in the area are entitled to the same benefits as the rest of the City residents, vandalism or not. The Commission suggested to Mrs. Peterson that she arrange a meeting to see how much interest is shown by the neighborhood. They asked that she let them know how much interest is shown and what, if anything, neighbors would be willing to do. They also thought that children might enjoy being involved, and would help to protect the area. BROOMBALL REQUEST FOR 1985-86 SEASON Mr. Roger Day appeared before the Commission to request use of Shorewood skating rinks for a coed broomball league next year. He said they now play on Tuesday, Wednesday and Thursday nights, three games a night, from approximately 6:45 PM to 10:15 PM, but would be willing to change their schedule to fit what is needed. Commission asked Mr. Day to submit a written request stating days and hours that they would like to use the rink. APPROVAL OF MINUTES Butterfield moved, Kooi seconded, to approve the minutes as written. Motion carried unanimously. CENTURY CLUB Commissioner Schmid will try to talk to Steve Frazier before the next meeting regarding the formation of a committee to promote the Century Club. The plaque is finished. Staff is requested to call the donors and see if they would like to appear in a photograph when the plaque is hung in City Hall. . PARK COMMISSION ME~G MONDAY, FEBRUARY 4, 1985 page four . FREEMAN PARK SIGN Herb Strom will be contacting Chairman Lindstrom about the sign location. RINKS Temperature Rule Carl moved, Butterfield seconded, to recommend to Council to eliminate any set air or windchill temperature for closing skating rinks. Motion carried unanimously. The decision to close rinks would be made by staff. Helmet Rule Carl moved, Lindstrom seconded, to recommend to Council to eliminate the helmet rule from the skating rinks. Motion carried unanimously. (This involves amending Ordinance #140, Subd. 5C plus the "Skating Rink Policy" . SKATING PARTY Approximately 27 people came to the skating party, 50 had responded. $25.00 was collected for donations. Carl moved, Schmid seconded, to approve that any deficit in food cost should be paid out of Park Funds. Motion carried unanimously. RAFT Kooi moved, Schmid seconded, to recommend to Council to approve repair of the raft. Motion carried unanimously. CATHCART SKATING RINK BONFIRE Lindstrom moved, Kooi seconded, to That a bonfire be allowed at Cathcart Park on Saturday or Sunday evening, during free skating, every other week continguent upon Commissioner Jakel donating his time to build and watch the fire, and if the Chanhassen Fire Marshall gives permission. Motion carried unanimously. ADJOURNMENT Stein moved, Carl seconded, to adjourn at 9:44 PM. RESPECTFULLY SUBMITTED, Sue Niccum Deputy Clerk p. . . Subd. 1. AninBls in the Park. No person in a city park or recreation area shall: '- A. Kill; trap, hWlt, pursue or in any manner disturb or cause to be disturbed any wild- life. B. Bring any dog, cat or other animal unless caged, kept on a leash not Jrore than six feet in length or under control ot us owner. C. Penuit an animill to disturb, harass, or interfere with or endanger any visitor or visitor's property, or tether any creature to a tree, plant, building or park equipllmt. D. Penuit an anirml to enter unauthorized areas. Unauthorized areas are active play areas, picnic areas and park buildings. E. Release any insect, fish, animal or other wildlife or introduce any plant, chemical or other agent potentially hannful to the vegetation, water supply or wildlife of the area. F. Ride a horse, except with prior approval frem the City. Subd. 2. Equiprent Prohibited. No person in a city park or recreation area shall: A. Drive or park a vehicle except an authorized or errergeocy vehicle on any turf or other area not designated for parking or travel; wash, grease, disrmntle, repair, change or deposit the oil of a vehicle anywhere in a park or rL~reation area. B. ~rate a Jrotorized ~.hicle except on marked trails during ti.nes designated by the City Council and/or Park Cooinission. "---- C. ~rate any watercraft within designated swinming areas. Subd. 3. Additional rules pertaining to the use of public tennis courts. No person shall: A. Be all<.hled on any tennis courts while \Nearing street shoes. B. Be all~d to make use of the tennis courts except for playing tennis. C. Use a tennis court for longer than 60 minutes when other tennis players are wait ing to use the tennis court. Subd. 4. Additional rules pertaining to the use of waters located in city parks. A. No person shall swim except at designated areas. B. No person shall swim beyond buoys marking the limits of the swinming area. C. No child under 10 years of age shall be all~d at a designated swirnning area without coopetent supervision. D. Any person sw1mning at a public beach when a lifeguard is off duty swimi at his or her own risk. Subd. 5. Additional rules pertaining to the use ol pub) ic sk;Jling rinks: A. Skating areas shall be posted (or ''hockey'' or "free skating". B. No hockey sticks or pucks shall be allOlNed in the "free skating" area. C. No person under the age of 19 will be allowed on any skating area posted for ''hockey'' _'. ~.J..,... Wlless such person is wearing protective head gear designed for the purpose of protect- 6J-:~j).~ ing individuals while playing hockey. Subd. 6. Additional rules pertaining to the use of park facilities by athletic associations: A. The general public shall not be allowed to use or occupy any ath)et il: field, rink or area during those times the (ield, rink or area is sche<.luk'<i (or authorized use by th<! athletic associations. B. It shall be the responsibil ity of the sponsoring athlet ic organizat ions to ("(.'quire participants ~r the age of 19 to ~ar proper prot<..'<:tive equiprent. ~. . . RINK RULES - Continued Additional Hockey Rink Rules: Protective head gear (helmets) must be worn while on the hockey rinks (required by Ordinance if under age 19). Hockey activities are confined to the hockey rinks. Unscheduled ice time is for use by individuals, or for pick-up games, rather than organized hockey activities. . Hours for organized hockey practice must be scheduled through the Shorewood City Hall (474-3236). - 8 - ~ . . RINK HOURS Skating rinks will be open the following hours, subject to weather conditions*: ** School Holiday Period: Monday - Thursday.....................10:00 Saturday. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .8: 30 A.M. - 1 0: 30 P.M. A.M. - 10:30 P.M. A.M. - 1 0: 30 P.M. P.M. - 1 0 : 30 P.M. Frida y. . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . 10: 00 Sunda y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 : 00 Regular Season: Monday - Thursday......................3:30 P.M. - 9:00 P.M. Friday.................................3:30 P.M. - 10:30 P.M. Saturday...............................8:30 A.M. - 10:30 P.M. Sunday................................12:00 P.M. - 9:00 P.M. * Rinks will close when the temperature or ice conditions are unsuitable for skating: 1) -200 windchill 2) melting ice ** Rinks will close at 5:00 PM on Christmas Eve and New Year's Eve. - 9 - . . BY-LAWS AND RESPONSIBILITIES OF SHOREWOOD'S WELL STUDY COMMITTEE Section I. Membership and Term of Committee The Well Study Committee shall be comprised of seven members. Members shall be appointed by the City Council and selected from the community at large. Residents serving on other City commissions or committees may also serve on the Well Study Committee if they so desire and are duly appointed. The Well Study Committee will exist for a period of time not to exceed six months from the date of its establishment. Any member of the Committee who is absent from three meetings will forfeit membership in the Committee. Also, any member of the Committee may be removed from office for just cause by a three-fifths vote of the entire City Council. The Committee may recommend to the Council removal or replacement of a Committee member for just cause by a majority vote of the Committee members. Section II. Election of Officers The Well Study Committee shall elect a chairman and a secretary. Elected officers of the Committee may resign their elected seat voluntarily without losing their appointment to the Committee. Section III. Voting Rights Each appointed member of the Well Study Committee shall have one equal vote. All recommendations to the City Council shall be passed on the basis of a simple majority vote of the Committee members at any meeting when a quorum of members are in attendance. A quorum of members shall be defined as a majority of the total Committee membership. Section IV. Functions and Duties The primary function and duty of the Well Study Committee is to study the existing municipal wells. Upon completion of the study, the Committee will make its written recommendation to the City Council as to the proposed future of the wells which is in the best interests of the City of Shorewood as a whole. The Committee will make a separate written recommendation for each municipal well as well as a written recommendation of the entire existing municipal water system. It is the duty of the Well Study Committee to complete research on its own so as to provide the City with its recommenda- tion from sources other than City staff. In the event that the Committee needs information from staff, all requests are to be initiated through the . City Administrator. Section V. Meetings and Schedules Meeting dates and times shall be established by the Well Study Committee. The Committee will use City Hall as its meeting location. The Committee will schedule its meetings on dates and at times not in conflict with any other regularly scheduled meetings. The schedule for use of City Hall will be made through the City Administrator. Adopted by the City Council of the City of Shorewood on this 11th day of February, 1985. \ 5h ) \ -. DATE: TO: FROM: SUBJECT: . January 22, 1985 - HENNEPIN - Sandra Kennelly, Shorewood City Clerk Donald F. Monk, County Assessor 1'.tA. ~~"'.N"c:O' ~ .... " '" . ~ !. :z:,~..~,< &;.. '.:";'- ~ ." -...... ~ '."",'Es0'\ 1985 Local Board of Review Date ~ Thursday Day of the Month May 23 Date Minnesota Law requires that I, as County Assessor, set the date for your Local Board of Review meeting. After reviewing previous meeting days and your suggestions of last year, the above date was selected. I sincerely hope that it is agreeable with your council . As there must be a quorom, I would suggest that an informal review of your members with a request that they mark their calendars would be appropriate. Please confirm the date set out or call Tom May at 348-3046 with your alternate date by February 15, 1985, so that our printing order can be completed on time. We suggest starting times of 6:30~ 7:00 Qf~.m., but wi]] discuss it with you if you wish a different time.~ Your early completion and return of the attached tear off strip will be appreciated and we will send your official notice for posting as required by law. ------------------------------------------------------------------------- Municipality: Date: Ti me : Place: CONFIRMATION ~/;(J t-)/2 t:-tiJtJ u /J m/JfJ 073. /CJj?6 /~ ?,'30 P /7/. J /II ~) Rc -/..i)O CI 0 (!d UJ7 ~ , {. (1 ~ (/ /? / be/' J' Confirmed by For selecting meeting dates in future years the following information will be helpful I ' ,-j 5e. . . MAYOR RobertRascop COUNCI L Jan Haugen Tad Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD, MINNESOTA 55331 . (612) 474-3236 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: BRAD NIELSEN DATE: 6 FEBRUARY 1985 RE: I.C.O. - SIGN PERMIT FILE NO.: 405 (85.03) Mr. Tom Wilharm, owner of the I.C.O. gas station at 5680 Manitou Road, has requested approval of a sign permit for one temporary sign and one permanent wall sign. The temporary sign measures 4' x 8' and contains 32 square feet in area (see applicant's sketch - Exhibit A, attached). The permanent wall sign is in,tended to replace a previous "Pop Shoppe" sign which was located on the east wall of the building. The new sign will measure approximately 3' x 20.7' and will contain 62.1 square feet in area (see Exhibit B, attached). In reviewing sign permit requests it is necessary to determine how much signage currently exists, then evaluate how the total signage complies with the requirements of Section 11 of the Zoning Ordinance. The site currently contains the following signs: 1. I.C.O. logo'and price sign, freestanding,S' x 5', two sided, 50 square feet in area. 2. Cigarette advertising sign, freestanding (portable), 3' x 4', two sided, 24 square feet in area. 3. Large billboard, size undetermined. 4. Gas price sign, size undetermined. A Residential Community on Lake Minnetonka's South Shore ? . . Memo From the Planner I.C.O. Sign Permit 6 February 1985 page two The property is zoned C-3, General Commercial. The current Zoning Ordinance allows three business signs for each business in that district. Two of the allowable signs are limited to 10 square feet in area each, and one may be 150 square feet in area. The Ordinance specifies that all faces of signs be counted. A1s~ the way the Ordinance is currently written, the billboard is not counted as part of the total allowable signage. Nor are temporary paper signs in windows counted against allowable area. With regard to the proposed wall sign, unless the freestanding sign, the portable sign, and the gas price sign are replaced with two signs, no more than 10 square feet in area each, the applicant will have to request a variance to exceed the allowable signage requirement. Since justification of variances can not be primarily economic in nature, granting of such a variance would be highly questionable. It may be to the applicant's advantage to wait for the new Zoning Ordinance which would allow up to three signs, totaling as much as 10 percent of the area of the building silhouette. The new Ordinance would not, however, allow the portable sign to remain. Relative to the temporary sign, the City has in other instances allowed temporary signs for specific occasions and limited periods of time. In this case the Council may wish to do the same. However, it is recommended that the approval of a temporary sign be contingent upon removal of the portable cigarette sign. If there are any questions relative to this request, please contact my office prior to Monday night's meeting. BJN:pr cc: Dan Vogt Gary Larson Tom Wi1harm . . ',1:' '1PI r-KEc [),liJILr ...-- '-n."~ b- ~5 P"IJW/N &- . lJ 51 ~ H "7 Q S ~ F L J9. ~ E 1> 0 J.I 0 lA 7 SID E :EL.,p.. H 1> 17. r-r R Q 1ft=. ...,.-:. J)~$e 0;::' L /6- H T r~ L c ~L [) &- ~I.o.~ <2L-; s ~,<1. Jo#,p J1~ ~ - f If ""'p (Jje==: pu"'fY D~ I: \ . . p~ ~,~ S ~ ~"Ii ':i ..~. . .; .;; ~;.: ~: t- . .. .-" :. J .... -</-- , j ~ eviJ..lJ;..,(-': ~;blt.,A.., ).-t;'.. ~ :;'';',:;__J .-...........\. :...~--.~..;., . S J d- N. 7" IS'.Ae IS , ~,..., ~<'~ IP ~ R,l!.)I'J P Y , O.,N FRoNT DF ~J.b&-. , , ( s , 6-,.., e f! 1J F-., 1;.1. ~ ) I, 52 IN. i ~ l ~ ~ " ... ...s' -J , ./ ~ (\It ~ I\f\ ~ ~ , I~ F'- ~ L IN. J ~ > }/o ~E. JVaob ~Co ~ " .....;'Q ~ ~'" SO " <i) / ..J /'it B~EP.O - M,Lk ",Sf/Ad 1\s C\~ )1 rr fIESE-NI 51&-N-S --. :::reo J..~&-o ~ P~'oF 5 rT ~ S- FT. 516-^I - C IIJ.I1RE.T/f: > ~ /,. J'/ :l>c Y rl' . .....; ,.) /_, ; ~h~b.~r' t> ~.t~ !",10.: ~.. . . . ORDINANCE NO. AN ORDINANCE IMPOSING SEASONAL WEIGHT RESTRICTIONS UPON THE USE OF STREETS AND HIGHWAYS WITHIN THE CITY OF SHOREWOOD, MINNESOTA, AND IMPOSING PENALTIES FOR VIOLATIONS THEREOF The City Council of the City of Shorewood does ordain: SECTION 1: The purpose of this ordinance is to preserve the condition of the public streets within the City of Shorewood from serious damage and destruction by the excessive use of the streets by trucks and other heavily laden vehicles, to reduce the amount of loss and expense to the taxpayers of the City for street maintenance, and to reduce the amount of dirt, noise and other undesirable conditions created by such traffic. SECTION 2: It shall be unlawful for any vehicle or combination of vehicles during the period of March 1 to May 1 of any year to operate upon the streets or highways within the City with a gross weight of any single axle exceeding 8,000 pounds. The Director of Public Works may prohibit the operation of vehicles upon any public street or highway within the City, or impose further restrictions as to the weight of vehicles to be operated upon said streets or highways, whenever that street or highway may be seriously damaged or destroyed by vehicular use, including but not limited to deterioration, usage, rain, snow or other climatic conditions. SECTION 3: School buses are given special permission to proceed with normal operation of their regularly established routes and at all regularly established hours. SECTION 4: Refuse haulers, heating trucks, and City trucks may be exempted by special permit as follows: a. The owner thereof shall first secure from the Director of Public Works a certificate setting forth the route or routes and the conditions under which such vehicle or combination of vehicles may be operated, and such vehicle or combination of vehicles shall thereafter be so operated in accordance with the terms of such certificate. b. The Director of Public Works is hereby empowered and it is hereby made his duty to issue or deny, or issue in modified form, such certificates upon application and to prescribe therein the route or routes and the conditions for operations under each such certificate, and in determining such route or routes and such conditions, the Director of Public Works shall permit maximum use of the particular highways and bridges 7 . . consistent with the maximum capacity of such highways or bridges, as determined with highway engineering practice. c. The Director of Public Works shall have the power to revoke or modify the terms of any existing Certificate at any time in the event of operations in violation of any such certificate or in the event of changed conditions requiring such action. The original or a correct copy of the certificate under which operations are being conducted shall be carried at all times in the driver's cab or in any vehicle or combination of vehicles while the same is being operated thereunder. SECTION 5: Any person who shall violate any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished as to fine by State Law. SECTION 6: This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Shorewood this day of , 1985. CITY OF SHOREWOOD Mayor ATTEST: Ci ty Clerk . . LEGAL NOTICE PUBLIC HEARING CITY OF SHOREWOOD NOTICE IS HEREBY GIVEN that the City Council of the City of Shorewood will hold a Public Hearing in the Council Chambers of the Shorewood City Hall, 5755 Country Club Road, Shorewood, Minnes6ta, on Monday, the 11th day of February, 1985 at 8:00 P.M. or as soon thereafter as possible. The purpose of the Hearing is to consider a request by Shorewood Oaks Development, Inc., to vacate a 33 foot strip of road identified as TOWN ROAD located east of and/or the extension of West 62nd Street and on the south boundary line of the properties described as: Lot 98, Auditor's Subdivision No. 133, Hennepin County, Minnesota, EXCEPT the easterly 52 rods thereof according to the recorded plat thereof; and Lot 106, Auditor's Subdivision No. 133, Hennepin County, Minnesota, EXCEPT that part of the south 189 feet thereof lying east of a line described as follows: Commencing at the southwest corner of the southeast ~ of Section 32, Township 117 north, Range 23 west of the 5th Principal Meridian; thence east along the south line of said southeast ~ a distance of 970.34 feet to the point of beginning of said line; thence deflecting left 82 degrees to the north line of said south 189 feet of Lot 106, and there ending. PID# 32-117-23-44-0001 32-117-23-43-0005 32-117-23-43-0006 32-117-23-43-0007 Oral and written comments will be considered at that time. City of Shorewood SANDRA KENNELLY City Clerk To be published January 21 and January 28, 1985 ~ 1 . . RESOLUTION NO. A RESOLUTION CALLING FOR A STREET VACATION FOR A PORTION OF AN UN-NAMED STREET BEING PART OF AUDITOR'S SUBDIVISION NO. 133 AND LYING SOUTH OF LOTS 98 AND 106 of AUDITOR'S SUBDIVISION NO. 133 WHEREAS, Shorewood Oaks Development, Inc., has petitioned the City Council to vacate an un-named street legally described as follows: That part of Auditor's Subdivision No. 133, Hennepin County, Minnesota lying southerly of the south lines of Lots 98 and 106, said Auditor's Subdivision No. 133: lying westerly of the northwesterly right of way ~ine of Trunk Highway No.7, as described in Document No. 3439216, Book of Deeds 2414, Page 293, and easterly of the southerly extension of the west line of said Lot 106. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood as follows: 1. That a public hearing be held on February 11, 1985, at 8 p.m. to consider the vacation of the following described property: That part of Auditor's Subdivision No. 133, Hennepin County, Minnesota lying southerly of the south lines of Lots 98 and 106, said Auditor's Subdivision No. 133: lying westerly of the northwesterly right of way line of Trunk Highway No.7, as described in Document No. 3439216, Book of Deeds 2414, Page 293, and easterly of the southerly extension of the west line of said Lot 106. 2. That a copy of this Resolution be published twice in the legal newspaper and posted in accordance with the legal requirements of Minnesota Statutes. 3. That all interested and concerned persons shall be heard at that time concerning said requested vacation. PASSED BY THE CITY COUNCIL of the City of Shorewood this 14th day of January, 1985. b . t- ~ ' . d' <I r ~ ;, f ., ~ 0 ~. :; ~ r- ~ "..... .~ ... - . ~ ~ ~ " "..... .::> ..... .~ .~, h \-' ---;--g--t-- -: ." ----- --~~- Z 'I 0\ .. /" ; I 7. ! I ~: I ?, I Q\ --.,6- .._. ---'--',.~ -_. . ~ h7~' ~..r ....-...----.......- .... 11 . -..- G: - ~e:.~ 17- ~1It-- ... ,i i: ' 'r~:i~E; ~ L II I ",...., -6 f " ,; ~ ~ o j -; _n--;r,r ---, ! . II It . . ft . 2~ ... -", l)~ j .. o j Nr ,.~ II' .. : ~-. ..... , I ~I ~I I -- -_ ___~!..___-.J Ci en :::> Cf) '..~~ o ~ c ..~ 'b ...""" lJ\ -r. ul o ... <t-" -~r I~ I ~ .,. "" " - .. .. ~ 2:' ~ ~ ... t ~ 'I ~ j 1 '1 1 ,J .. , , !~ /'" ~ I'- V' C\J ,...,.... 2 9 -------...-- -------------- i -;:-1 "'" ! ~ I s:; '-' . I pi ::, ~yb ~ <t-~ r~ I.'P ~ <t- "'" lJ\ '. .., . ~ o Z ': ... - -"-';;-i1:: I ',.. I I S" : -; ~I I ~I I . ~ ... . ... .. --A.-,------r- L.-I I .' ~:::> : : -----~-~~, : I I ~ '....,' - )>61" ".1#1 " .." .. ",,., "I' '-~.'4-~.~ _~L":.I_ - .3i.~.~';;'t~~t"J.l:I~Hlf9!!!f!:-:; HZ , I.'" .". . ~ .j.. . S {~~. 1. '. ..r.~l,. ,}--:---,..tr" .... : .. :,,,: .. ,-.l .. ~ '. 'r. . '!...... ....- :..: ~'.... . , . ~.. ~ ... '" ~ -~ -, () ... ....1. ..~ .. ..;:;.~ ": . , ---mn-- ~ :, ":" .~ ~ .. .!" ,~ ."i_ ~ '1 :: o ~ c o 1 II: . ~ (~' ".;' l ( '\ . . REGULAR PLANNING~MMISSION MEETING TUESDAY, AUGUST 21, 1984 page four Watten moved, Reese seconded, to re~nd to Council the Planning Commission's willingness to work on an Ordinance as directed by Council containing the following conditions: 1. The accesses shall be retained as public property. 2. A survey of each "fire lane" should be prepared. 3. The "lanes" shall be defined by fences or markers. 4. The "lanes" shall be assigned to the Park Commission and be subject to Park ru~es and regulations. 5. Each access shall be considered indiVidually. 6. The "lanes" shall be maintained by the City. Motion carried unanimously by Roll Call Vote. MATTERS FROM THE FLOOR none REPORTS Shorewood Oaks - Park Commission - Discussion on drainage, the Park Commission appeared satisfied with Shorewood Oak's presentation. Tonka Men's Club - appeared before the Park Commission to discuss building a Little League Field in Freeman Park. Nothing will be decided until they talk to other people involved. Trivesco - The Park Commission will not make a recommendation until they are guaranteed 10 acres of land. ADJOURNMENT Watten moved, Spellman seconded, to adjourn at 9:12 PM. RESPECTFULLY SUBMITTED Sue Niccum Deputy.Clerk qtL,- . p.. COMMISSION MINUTE. S M Y, OCTOBER 1, 1984 page two ( H Council Liaison Shaw mentioned, as one possibility, three classifications: 1. no use 2. under park jurisdiction 3. broad use Stein moved to recommend to Council that, as the "fire lanes" are of no use to the Park Commission, they be turned over to the Council for a Council decision. Commissioner Lindstrom seconded for the purpose of discussion only. Motion died - 4 nays - 1 aye. Carl moved, Butterfield seconded, to recommend to Council to approve the 6 Planning Commission recommendations with the following minor changes: no change 1. The accesses shall be retained as public prope ty. no change 2. A survey of each "fire lane" should be preparec. Planning Commission 3. The "lanes" shall be defined by fences or markErs. Park Change 3. The "lanes" shall be defined by fences or markErs if deemed necessary. Planning Commission 4. The "lanes" shall be assigned to the Park Comm ssion and be subject to Park Rules and Regulations. Park Change 4. The lanes shall be under City Control rather t an assigned to the Park Commission and may be subject to P rk Rules and Regulations. Planning Commission 5. Each access shall be considered individually. Park Change 5. Each access shall be considered individually for feasible lake access. no change 6. The "lanes" shall be maintained by the City. Motion carried unanimously. Park Commission then discussed what further steps to take after Council feedback, such as: H Classifications that could be changed at a later date if necess~ry. H The research to be done on the three "lanes" that the Park Comm"ssion feels might be used for special purposes, to see if the ideas are feasib e. 1. Grant Lorenz ( 2. Eureka qiJ '"' lfJ . . . , . MAYOR Robert Rascop COUNCI L Jan Haugen Ted Shaw Kristi Stover Robert Gagne CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD . SHOREWOOD. MINNESOTA 55331 . (612) 474-3236 DATE: February 1, 1985 MEMO TO: Park Conunission FROM: Dan Vogt, Brad Nielsen SUBJECT: Legal Status of Badger Park and Shady Hills Park Badger Park Badger Park was approved for purchase by Council action on 14 September, 1964. The property was purchased from Mr. Kenneth Hampton. A Contract for Deed in the amount of $13,000 was approved by the Shorewood Council on 9 November, 1964. A $500 down payment was made in September of 1964 with additional payments of $4,500 made in November of 1964, $4,000 in 1965 and the remaining $4,000 in 1966. Interest rate paid by the City was 6%. Documentation found relative to Badger Park indicates that the property was to be used "for general Village use as well as a recreation area". Further documentation indicates that "the Council approved its possible use on a division of about 80% for future park and recreation and 20% for other Village use". Apparently, the latter documentation indicates the actual breakdown of funds for payment since Financial Statements which have been found show 80% of the purchase using money from the Park Fund and 20% using money from the General Fund. Upon checking the Deed on 1 February, 1985, it was found that no special prov1s1ons or restrictions existed when purchased to indicate exclusivity of use for the Badger Park property. Attorney Larson indicated that as long as the Deed for said property does not dedicate it for any specific purpose and as long as no restric- tions are indicated on the Deed, concern should then be placed on what funds were used in the initial purchase by the City and what funds will be distributed the proceeds upon its resale. Therefore, since the general purpose use of the property including City Hall and Public Works garages already exceed the 20% agreed upon by Council action in 1964, it is a staff reconunendation that proceeds for any resale of property should be directed to the Park Fund. Relative to the possibility of locating the police department on a portion of the park which abuts County Road 19, public structures are allowed in the R-1 zoning district by conditional use permit. The C.U.P. process requires that the Planning Conunission hold a public hearing and make a reconunendation to the City Council. In J' D........:,.I,.._.:,..I ,......__......:.",....... , ...",^ 'A:"H"_".~""""" ('1'",,,.." ('I''''',..~ q(? . ~ . . . ~ Memo to Park Commission Legal Status of Parks February 1, 1985 page two reviewing such a request the City should be concerned with site access (access to County Road 19 is subject to approval by Hennepin County Department of Transportation), parking, and landscaping. From the Park Commission's perspective, screening and landscaping of parking areas should be of utmost concern. Shady Hills Park The Shorewood Council authorized the acquisition of the Shady Hills Park and drainage area on 8 April, 1963. Purchase of the property was made from Mr. Edward Herman at a total price of $4,000. A letter was found in the file which was sent to adjacent property owners asking for financial assistance to purchase said property. Our records indicate that $1,000 was received in 1963 and $200 in 1964 from the neighborhood. Further, the City Financial Statement from 1963 shows that the Shady Hills Park and drainage area was paid entirely out of Park Funds. City Attorney Larson did some research on this park in November of 1984. His research included a memorandum abstract on the property. His letter stated that the Deed indicates that there are no restrictions placed on the use of the property. The property would therefore be available for sale or trade without restriction. Proceeds from such a sale should be returned to the Park Fund. If a decision is made to sell the property, the City must retain ownership of the ponding/drainage area as well as an easement for access to the ponding/drainage area. At that point, the City Engineer should be consulted relative to specific size of the drainage area, size of easement, and so on. DJV:BJN:pr . . RfC'u fEB 06\005 LAW OFFICES WILLIAM F. KELLY AND ASSOCIATES WILLIAM F. KELLY MARK W. KELLY 3S1 SECOND STREET EXCELSIOR. MINNESOTA SS331 (eI2) 474-S"77 February 5, 1985 Mayor Rascop and City Council Members City of Shorewood 5755 Country Club Road Shorewood, MN. 55331 Re: James Cabalka Dear Mayor Rascop and Council Members: This is to inform you that on January 31, 1985 Mr. James Cabalka conveyed a parcel of property described as "Part of Lot 186", Audi tor's Subdivision 120, to his son, Scot t K. Cabal ka. James Cabalka has, however, retained ownership of the adjacent parcel - Tract A, RLS 471, which is presently subject to a sale agreement to a third party. We believe that the Shorewood Council's interpretation of Shorewood Ordinance 77, as expressed in Gary Larson's letter to us of January 18, 1985 and his memorandum to Dan Vogt of November 19, 1984, is incorrect. It is our contention that Mr. Cabalka has always owned two distinct parcels of land, and that his rights of ownership, including the right to dispose of his property, have not and cannot be taken away by Ordinance 77. The express stated purpose of Ordinance 77 is to promote the heal th, safety and welfare of the community by regulating land use. The ordinance cannot constitutionally prohibit or punish land ownership without reference to the communityls health or welfare, and Mr. Cabalka's sale of his property in no way contravenes the ordinance's stated purpose. Any attempt by the city to charge Mr. Cabalka with a criminal violation, due to his legitimate sale of property, will be considered an unconstitutional violation of his civil rights. WFK/dcg cc: Shorewood City Council Members cc: James L. Cabalka Sinc rely, . / . /0 /i ,":'./~~kt?' i{ll.am . Kelly ? //~ . . RfC'D JA N 3 1 1985 ORR.SCHElEN. MAYERON & ASSOCIATES, INC. Consulting Engineers L-,]} 7(i-Su,rvt'?vc~rs January 30, 1985 City of Shorewood 5755 Country Club Road Shorewood, MN 55331 Attn: Mr. Dan Vogt, Administrator Re: C.O. #1, Project 84-5G Waterford Grading Project OSM Comm. No. 3394.02 Dear Dan: Enclosed are four (4) copies of Change Order #1 for the referenced project. Change Order #1 is for additi onal costs incurred to rai se the grade on Waterford Place from 0+00 to 5+50 after this area had already been graded. The change in grade was requested by the developer. I recommend thi s change order be approved by the Council at the next regu- larly scheduled council meeting. After the four (4) copies are signed by the City, one (1) copy each should be sent back to the contractor and the engi- neer. The Contractor on this job is Wangerin, Inc., 8610 Harriet Avenue South, Bloomington, Minnesota 55420. If you have any questions, please call me. Respectfully, ORR-SCHELEN-MAYERON & ASSOC IA TES, INC. . () 1 ~ \,\ . _ _ -_/ (.....-t.. - _ --- " ,----1~' H'-,.'7 r, , .-{: ~ I James P. Norton, P.E.' JPN:mln enclosures cc: Phil Ti pka - OSM Bob Mason - Trivesco , t.t. 2021 East Hennepin Avenue. Suite 238 . Minneapolis, Minnesota 55413 · 612/331- 8660 /c1~ . . ORR-SCHELEN-MAYERON & ASSOCIATES, INC. 2021 E. HENNEPIN AVE. · SUITE 238 MINNEAPOLIS, MINN. 55413 1 CHANGE ORDER NO. ................ $. 2.,.467...&Q.. ... .... RE: ~p~~~~~q4.~~~~Q .Wanget"in~. Inc.,..... .. .... . . . . .. .. . . .. .. .. Contractor 8610.Har~iet.Avenue .South.............. ....... Blooming.t.o.n ~ .MN. . 55.4.2Q . . . . . . . . . . . . . . . . . . . . . . . . Dear Sir (s) Under your contract dated . ~.~pt~~l:?~~. .2.Q. . . . . . . . . . . . . . . . . . . . .. .. . .. . ., ... 19. ?!+. with . 'J:h~ .<;:;i~'y' .c;>f..~l).c;>;r.~lo!9<?~.,. .~.. .. .. .. .. .. . . . . _ .. .. ... .. . . .. .... Owner for . ~~.t:~~~.. ... Gt"ad iog. .and. Appur.t;eoan.t; .WC;>1=l<..-:-. r~.Qj~~.t.. ~.Q~. ~~.-:~9.. ......... ....... . ..... . .. .... ... we are authorized by the owner to hereby direct you to .. raise. .the. gx:ade. .on. Waterf.ord. ~J.f1.~~. ;f~.Ql11. 9.:i: .99. .1;9.?:t. ?9. .c~~t~~. .t;~;l.~. P.~J;~;l~.~.'.'7fl.s. .~~~.~C!-c;1Y. .:r:C?':lg~. .gt;~?~4..~~... per. .attached .plan .and. ~ist. o.f .quantit.ies..... ........... ......... ... " .' .... ......... ...................................................................;.. 0....................... ........................................................................................... 0." .. '.0..........................................0............................................. aDd to add to (cledalct1mar) the contract, in accordance with contract 3Ild specification, the sum 01 ~9. :r:~c?l;1!3.~~~. ~.i;g~~y. .~~y~.~ . ~~?-:-:-:-~:-:-:-:-:-~::-:-:-:-.-:-:-:-:-:-:-:'7:-:-:-:-:'7:-:-:-:-:-:-:'7:-:-:~0 1100 Dollars There will be an extension of ......0....... days for completion. The date of completion of COlltract was . .11-:-1 19 .8?t-. and nOw will be .. U.-:L.. 19 ..&4.. Amount o' original contract Total Additions c.o. it! $2,487.80 Total Deductions Contract to Date $232,900.00 235,387.80 Approved .......................... 19.... Respectfully Submitted. ......................... ."... .... ........... ORR-SCHELEN-MA YERON .~~'ft.t;~. James P. Norton, P.E. 12-10-84 Owner 11 IV' 2-- L- S t] Approved ...... .j................... 19.... ~ J I .J ,L ~ ^ 11ft!) /).) .l/.V~..*!~c.-:-"'.J' .. .. ....~.~r ntractor . . INTERVIEW SCHEDULE - CITY ATTORNEY Mr. Glenn Froberg will be on vacation during the week of February 18. He will therefore be unable to interview for the City Attorney position on the 20th or 21st. After discussing this with Mayor Rascop, it was decided to hold the remaining three interviews on one evening, the 21st. An alternate interview date during tae week of February 25 is recommended. This will be discussed at the meeting of 11 February. Below is an interview schedule for the remaining three candidates: February 21 (Thursday) 7:00 P.M. - 7:50 P.M. - Phillip Carruthers Firm: Luther, Ballenthin & Carruthers 8:00 P.M. - 8:50 P.M. - Patrick Ledray Firm: Katz, Lange, Davis & Manka, Ltd. 9:00 P.M. - 9:50 P.M. - James Grathwol Firm: Grathwol, Oberhauser & Randall, Ltd. ) 4lL