072583 CC Reg Min
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, JULY 25, 1983
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 7:30 PM
M I NUT E S
CALL TO ORDER:
The regular meeting of the Shorewood City Council was called to order
by Mayor Rascop at 7:53 PM, Monday, July 25, 1983, in the Council
Chambers.
PLEDGE OF ALLEGIANCE AND PRAYER:
The meeting opened with the Pledge of Allegiance and a prayer.
ROLL CALL:
Present: Mayor Rascop, Councilmembers Shaw, Haugen and Stover
Staff: Attorney Larson, Engineer Norton, Administrator
Uhrhammer and Deputy Clerk Niccum
APPROVAL OF MINUTES:
Haugen moved, seconded by Shaw, to approve the minutes of July 11,
1983, as corrected in the official minute book. 4 ayes-unanimously
BOB GAGNE ELECTED TO COUNCIL:
Council reviewed the six applicants that applied for Al Leonardo's
vacant Council position.
Haugen moved, seconded by Shaw, to nominate Bob Gagne as the new
Council member.
Roll Call vote - Stover-abstain, Rascap-aye, Haugen-aye, Shaw-abstain,
Stover-aye, Shaw-aye...Motion carried unanimously by
Roll Call vote.
The oath was administered and Mr. Gagne immediately joined the Council
and began his term.
Mayor Rascop requested Administrator Uhrhammer to draft a letter to
the other applicants thanking them and inviting them to join a budget
committee.
MATTERS FROM THE FLOOR:
Mr. Jim Hauptman, slated to appear on the agenda, was not present to
discuss his two family dwelling at 20365-67 Excelsior Boulevard.
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REGULAR COUNCIL MEETING
JULY 25, 1983
page two
8:00 PUBLIC HEARING - VARIANCE REQUEST ON A NON-CONFORMING STRUCTURE
Mr. Donald Koch-25835 Wildrose Lane
RESOLUTION NO. 53-83
Mr. Koch's garage will be too close to the East property line. His
outside wall on his garage needs repair, he would like to enlarge
his garage while making repairs. Public portion closed at 8:10 PM.
Tad Shaw, liaison to the Planning Commission, reported that originally
Mr. Koch's neighbor built on Mr. Koch's property. Mr. Koch sold his
neighbor 13 feet on the East line so he would not have to tear down
his house; if it wasn't for this transaction, his property would
have conformed.
Shaw moved, seconded by Stover, to draw a Resolution granting the
variance to expand a non-conforming structure. Roll Call vote -
unanimous.
REQUEST FOR A VARIANCE - TO EXPAND A NON-CONFORMING STRUCTURE:
Ojars & Mara Arsts - 20960 Radisson Inn Road
RESOLUTION NO. 54-83
Administrator Uhrhammer read the Planner's Report: Planner Nielsen
suggested that if Council allows construction of the house where
requested, if the City tries to bring Radisson Inn Road up to any sort
of standard, the house would be in the way.
Mr. Arsts presented a letter of approval from 3 immediate neighbors.
Mr. Arsts felt that as long as other homes were that close, he should
be allowed to do so. Council pointed out that there were no easements
on the South side of Radisson Inn Road so any road expansion would
have to take place in a Northerly direction.
Rascop moved, seconded by Shaw, to approve the variance on a non-
conforming structure if the structure is at least 35 feet from the
front property line if the architect can redesign with this setback,
if he cannot, Mr. Arsts can return to Council and the fee will be
waived. 5 ayes - unanimous.
WATER DRAINAGE PROBLEMS:
1. Mr. Dan Austin-4860 Rustic Way
2. Mr. Gary Dachis-20940 Ivy Lane
Attorney Larson made a presentation mentioning the above two water
problems.
He said Mr. Austin-Rustic Way- feels that water is running off the
road and across his property, damaging it. Mr. Austin feels we should
do something to correct the problem and is ready to push the issue at
this time.
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REGULAR COUNCIL MEETING
MONDAY, JULY 25, 1983
page three
Attorney stated that Mr. Austin's property is torranced property.
He also stated that we may have legal responsibilities.
Attorney Larson stated that he felt we had a definate legal respon-
sibility on the Gary Dachis property-20940 Ivy Lane. The City does
have an easement. The land is being eroded away.
Haugen moved, seconded by Gagne, that Attorney Larson research the
background on 4860 Rustic Way and report back to Council.
Engineer Norton and Council discussed ways of alleviating these drainage
problems, mentioning both above and below ground drainage. Engineer
Norton felt that below ground drainage was preferrable. Channeling
drainage across the road was also discussed but Engineer Norton pointed
out that, although it would be less expensive and would work, it would
cause extremely hazardous road conditions.
Engineer Norton noted that it would take at least a 20" pipe to properly
control drainage. He gave an estimate of $30,000 to $50,000.
Council suggested checking all options in assessment policy.
Administrator Uhrhammer make a statement. He said he thought more
information was needed before Council could make a decision. We need
to know how much it is going to cost. We already know we have a
problem on Ivy Lane, we already know what we have to do, we just don't
know how we are going to do it. Engineer Norton will have to figure
that out. In Mr. Austin's case, the problem has to be resolved. From
what I understand, listening to Engineer Norton, the only way the problem
is going to be resolved is to do a storm water project on it. If thats
too expensive, maybe something can be worked out with Mr. Austin to
do a cement runway.
Administrator stated that he would like to do Ivy Lane immediately
and do Mr. Austin's property either next Spring or Fall.
REVIEW OF PROPOSED ORDINANCES:
Ordinance amending Ordinance #53 - first reading
Two changes were made:
1. Section 6-B - Change personal to "person".
2. Section 6-B - last line - add ",swimming and diving" in between
'the, vwrds ";fishing" and "therefrom".
Haugen moved, seconded by Gagne, to approve the Ordinance as read with
above corrections.
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REGULAR COUNCIL MEETING
MONDAY, JULY 25, 1983
page four
REVIEW OF PROPOSED ORDINANCES continued
Ordinance amending Ordinance #77 - first reading
Tad Shaw, liaison to the Planning Commission, reported that they felt
that tennis courts were more of an infringement because of:
1. fence height
2. lights
3. noise
Planner Nielsen will be asked to do some research on tennis courts in
other Cities.
Haugen moved, seconded by Gagne, to pass the first reading. Motion
carried unanimously.
Minnegasco Ordinance:
Administrator reported that we had received an ordinance from the
Suburban Rate Authority and one from Minnegasco. He talked to
Greg Moore from Plymouth, who works with this a lot,and was told
that Plymouth is accepting and recommending the SRA ordinance.
Administrator Uhrhammer suggested that we hold off for a while on
this one.
PLANNING COMMISSION MEETING:
Liaison Shaw reported that the Commission had discussed Hauptman and
the Swimming Pool Ordinance.
PARK COMMISSION MEETING:
Shaw reported that the Commission is hard at work on the Festival of
Parks. He said they really seem to be enjoying themselves! Council
was pleased and wishes them good luck.
Matters from the Floor:
Rob Snyder and Don Peisert from Shady Hills were present to discuss
a piece of City land just South of Shady Hills, the Shorewood Park
Land.
Haugen appeared familiar with it and said they are interested in
dredging the little pond and getting some park equipment.
ATTORNEY'S REPORT:
Bruce Resolution:
Page 2-article l.-Correct $394,200 to read $294,200.
Rascop moved, seconded by Haugen, to accept the Resolution as
corrected. Roll Call vote - unanimous.
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REGULAR COUNCIL MEETING
MONDAY, JULY 25, 1983
page five
ATTORNEY'S REPORT continued
Naegele: No further information
Greenwood: nothing scheduled
Mike Marshall: appealing case.
MAYOR'S REPORT:
Gagne-Leonardo's appointments
Park Commission Liaison
Cable Commission
Hazardous Waste
Audit Committee
Shade Tree Disease
Haugen moved, seconded by Rascop, to approve the above appointments
to Councilmember Gagne. File with Resolution #1-83.
Watershed District:
DNR permit - Lake Virginia ramp in and functioning, with no permits,
drainage plans, etc. applied for.
Elected Officials Boat Trip:
Aug. 6, 1983, Lady of the Lake, call Frank Mixa at Watershed if
interested.
COUNCIL REPORT:
Harold Johnson property
Stover asked, because of zoning conflict, to put on next agenda for
reconsideration.
Joint Council Meeting:
Haugen reported August 4, 1983, at 7:00 PM a field man fvom Senator
Boschwitz's office, Don Mosher, will be hosting multi-city meeting
inviting Council members, Administrators, and the Commission members
of Shorewood, Deephaven, Tonka Bay, Greenwood, and Excelsior, to see
if they have any questions on whats going on at the Federal level.
Minnetonka Cable Commission:
Haugen reported that August 9, 1983, at 5:30 PM consultants will be
presenting proposals on doing initial work that is necessary on pro-
posals.
REGULAR COUNCIL MEETING
MONDAY, JULY 25, 1983
page six
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COUNCIL'S REPORT continued
Mayor's Open House:
Mayor Rascop asked that it be put in the next newsletter that on
the second Tuesday of each month, from 7:00 to 8:00 PM, he will be
available to answer any questions from the Public.
ADMINISTRATIVE REPORT:
Amesbury Pumphouse
Haugen moved, Rascop seconded, to pay $300. to the Amesbury Assoc.
for painting the pumphouse. (1/3)
Meetings
Zoning Ordinance Review - August 3, 1983 (Wednesday) 5:30 PM
Employee Policy - August 3, 1983, following above meeting
Informal Items
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A very productive Special Assessment Policy Setting Meeting was
held. There is one remaining issue to be resolved, then the
policy will be complete and Council will get it for review.
Council will get the Contingency Fund information soon.
Arnie Carlson said we did much better than previous years on
our audit. Water, sewer and liquor depreciation will be listed
under Operating Expense instead of Other Expense, which will help
us.
The possibility of buying a back-up generator was mentioned.
APPROVAL OF CLAIMS AND ADJOURNMENT:
Moved by Stover, seconded by Shaw, to approve claims for payment to
be followed by adjournment at 10:55 PM. Motion carried unanimously.
General Fund [acct #00166] Checks 27420 - 27460 = $15,411.95
Liquor Fund [acct #00174] Checks 1230 - 1251 = $19,213.25
Respectfully submitted, f2_~ e~
Mayor
e Susan Niccum