040984 CC Reg Min
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CITY OF SHOREWOOD
REGULAR COUNCIL MINUTES
MONDAY, APRIL 9, 1984
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
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 7:37 PM, April 9, 1984, in the Council
Chambers of City Hall.
PLEDGE OF ALLEGIANCE
The meeting was opened with the Pledge of Allegiance and a prayer
given by Mayor Rascop.
ROLL CALL
Present: Mayor Rascop, Council Members Haugen, Shaw, Stover
and Gagne.
Staff: Attorney Larson, Engineer Norton, Clerk Kennelly,
and Planner Nielsen.
APPROVAL OF MINUTES
Gagne moved, seconded by Haugen, to approve the Minutes of the
regular Council meeting of March 26, 1984, as written. 3 ayes
and 2 abstains. (Rascop and Shaw - due to absence at meeting).
ANIMAL PATROL CONTRACT
RESOLUTION NO. 18-84
Larry Smieja from White Bear Animal Control was present to explain
their services and their charges. They have recently acquired the
fa~ilities that formerly housed MAPSI.
Haugen moved, seconded by Gagne, to contract with White Bear Animal
Service effective May 15, 1984, at the rates presented by Mr. Smieja.
Motion carried unanimously. 5 ayes.
7:45 PUBLIC HEARING
Covington Vine Ridge Rezoning Request
The public hearing was called to order by Mayor Rascop at
7:55 PM. Eric Canton represented Covington/Vine/Ridge
presenting a slide presentation reviewing the proposed
development. Sue Paulson of 19420 Shady Hills Road questioned
the proposed rQads within the project. Mr. Canton said there
may be minor changes in connection with other proposed projects.
Public portion was closed at 8:28 PM with comments in writing
accepted until April 23, 1984.
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REGULAR COUNCIL MEETING
APRIL 9, 1984
Page Two
7:45 PUBLIC HEARING
Covington Vine Ridge Rezoning Request (Continued)
Questions on the development's "restrictive covenant" covering
type and placement of structures, garages, trail systems and
building permit approvals were addressed. Haugen asked Planner
Nielsen about theComp Plan Amendment comments from Metro
Council. Metro Council did approve the amendment but felt
lower priced housing is necessary for the City.
Gagne moved, seconded by Stover, to approve the Concept Stage
and Development Stage approval of a P.U.D. Zoning. Motion
withdrawn due to the Public Hearing remaining open until
April 23, 1984, for written comments.
Shaw moved, seconded by Rascop,to table until the April 23,
1984, Coucil meeting. Motion carried 4 ayes, 1 nay - Gagne.
SIMPLE SUBDIVISION
24350 Smithtown Road
RESOLUTION NO. 23-84
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A request was made from Tom Hinkley of 24530 Smithtown Road
to add a 15' x 72' piece of property to the north end of the
lot. His present building encroaches onto the lot to the north.
This division/combination would correct this problem.
Shaw moved, seconded by Haugen, to approved the division as
requested. Motion carried by roll call vote - 5 ayes.
RECONSIDERATION - RAPID OIL CHANGE
Peter Jarvis and Ed Flaherty presented a request for the
Council to reconsider a variance previously requested to
construct a Rapid Oil Change at 19465 State Highway #7. The
variance is for a setback from a residential district, 50'
is needed. Mr. Flaherty will remove the existing storage
area from the "Floral Building" making the setback 47' instead
of 27'. He has also reduced the parking space to the rear
and added more landscaping to buffer to the residential
district. Mr. Jarvis is requesting a setback variance and a
C.U.P. permit to allow the residential use as permitted by
Ordinance 152 as previously approved by the Planning Commission.
He sited the "hardship" being the configuration of the lot
created by an "accident of history", if all setbacks were to
be met, less than 25% of the lot would be usable.
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Shaw moved, seconded by Haugen, to reconsider action for
discussion only. Mr. Jarvis offered outside decorating
changes to relect earth tones. He also presented a plan that
would follow setbacks within the ordinance, placing the
building up to the front line but not being esthetically
feasible.
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REGULAR COUNCIL MINUTES
APRIL 9, 1984
Page Three
RECONSIDERATION - RAPID OIL CHANGE (CONTINUED)
Gagne moved, seconded by Haugen, to redraft a resolution
of approval to include: the new exterior design; minimum
setback of 23 feet from the rear lot line; the residential
used by C.U.P. in compliance with Ordinance #152 and all
other conditions listed in the original denial resolution.
Roll call vote - 3 ayes, 2 nays - Shaw and Stover.
Motion denied.
Shaw moved, seconded by Stover to instruct the attorney to
draft a Resolution of denial. Motion carried 3 ayes, 2
nays - Haugen and Gagne.
COUNCIL BREAK - 9:50 - 9:55
SHENEHON-GOODLUND SUBDIVISION
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Attorney William F. Kelly was present to represent Mr. & Mrs.
Shenehon and Mr. & Mrs. Goodlund in a request to divide their
parcel of land into 3 lots along lot lines described as:
Shady Island Parcell - Lot 18 and part of Lot 17 (20,000 sq. ft.)
and Parcel 2 - Lot 19 (13,380 sq. ft.) and Parcel 3 - Lot 20
(23,000 sq. ft.)
Mr. Kelly felt that no variances were necessary to request new
property ID numbers for the lots as they were originally platted,
he also felt that the R-l zoning was not common and previous
divisions have been granted for lots under 40,000 square feet.
Mayor Rascop felt that this request needs a variance and a
formal application requesting this division. At this time, no
formal application for this division request has been made.
No further CoundLl action will be taken until a formal request
has been made.
TRIVESCO - INFORMAL DISCUSSION
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John Uban representing Trivesco - which is comprised of Steiner
Koppelman, Robert H. Mason, and Mark Z. Jones, builders,
presented a Comp Plan Amendment/pre-application meeting for the
purpose of reviewing their proposed development. The property
is located approximately at 20095 State Highway #7 and extend-
ing south to Covington Road. This project would consist of 95
single family lots - 160 multiple-family and 9.08 acres of
commercial property. Mr. Uban reviewed park plans, new inter-
section proposal and phasing of the project.
Les Anderson of 5385 Shady Hills Circle stated he felt that if
the Condos were allowed, they would further devaluate the prop-
erties in Shady Hills. Mr. Uban is planning a neighborhood
meeting to answer any questions and concerns they may have
about the project.
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REGULAR COUNCIL MINUTES
APRIL 9, 1984
Page Four
INFORMAL DISCUSSION - PROPOSED REZONING
A request for procedural direction came from Marvin and Judy
Janicke for the purpose of operating a motor home rental at
5580 County Road #19. This property is presently zoned as
R-4 and this use is not permissable under that zoning.
Council reviewed the zoning districts and questioned ways of
controlling this use.
Haugen moved, seconded by Gagne, to direct Planner Nielsen
to proceed with Janicke's application to rezone the property
to C-2 and include a C.U.P. Motion carried unanimously.
PARK COMMISSION REPORT
BMX Contract
RESOLUTION NO. 19-84
Gary Carl recommended the BMX contract be approved under the
control and operation of David Ronken of Northstar BMX.
It will continue to operate as Shorewood BMX with a non-profit
status, and an improvement of insurance coverage.
Haugen moved, seconded by Shaw, to approve and sign the
contract as recommended. Motion carried. 5 ayes.
Festival of Parks Expenditure
Park Commision requested $700.00 for expenses for the 1984
Festival of Parks. Rascop moved, seconded by Haugen to
authorize the $700.00 expenditure. Motion carried.
PLANNING COMMISSION REPORT
Stover reported on the Commission review of Trivesco, Shorewood
Oaks and the Hinkley division.
ATTORNEY REPORT
Attorney Larson submitted a written explanation of the Attorney
General's opinion on the use of General Funds to subsidize the
cities water system. Larson stated that the Attorney General
was not objecting to this use of funds, but we may still be
sued by the "Citizens Group" .
ENGINEERS REPORT
Engineer Norton reported on the standing water problem on the
properties located at 1010 and 1050 Holly Lane. The water was
tested by Twin City Water testing. The water tested out as
"swamp water", no contamination of any sewage disposal.
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REGULAR COUNCIL MINUTES
APRIL 9, 1984
Page Five
INTERSECTION - TRIVESCO
Attorney Larson prepared a draft agreement with Trivesco to
arrange for the feasibility study and the cost of that study.
Trivesco changed the agreement and returned it to the
attorney. The Council reviewed and added further changes
and instructed Planner Nielsen to proceed with the agreement
with Trivesco. Council also instructed Engineer Norton to
deal with MN DOT in reviewing this project.
AMESBURY WEST - STREET LIGHT REQUEST
A request was submitted in writing from James McNulty to
have a street light installed at the entrance to Amesbury
West.
Rascop moved, seconded by Gagne, to approve the request.
Motion carried. 4 ayes, 1 nay - Shaw.
WATER S~UDY ACCEPTANCE
RESOLUTION NO. 20-84
Haugen moved, seconded by Gagne, to officially accept the
Water Study prepared gy Engineer J~m Norton of Orr-Schelen-
Mayeron. Motion carried unanimously - 5 ayes.
ADMINISTRATORS REPORT
Tax Forfeited Land
RESOLUTION NO. 16-84-A
It was confirmed at the County level that all the residents
using Lot 21, Auditors Subdivision #367, known as Island
View Road, have easements granted in their deeds for the
purpose of access to their properties. Staff contacted area
residents and found there was no interest in ownership of
this property by owners of the affected lots.
Gagne moved, seconded by Stover, to release property for
state land sale. Motion carried. (Add to resolution #16-84).
(not added to Resolution 16-84 due to separate motion made)
May Meeting Dates
The Second Council meeting in May will be held on Tuesday,
the 29th of May because of Memorial Day the 28th.
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REGULAR COUNCIL MINUTES
APRIL 9, 1984
Page Six
ADMINISTRATORS REPORT (Continued)
Municipal Clerk's Week
RESOLUTION NO. 21-84
Haugen moved, seconded by Rascop, to adopt Reagan Proclamation
and proclaim the week of May 13, 1984 as IIMunicipal Clerk's
Weekll. Motion carried unanimously.
Saving Withdrawal Plan
A request has been made to set up a savings withdrawal plan
for the City employees that volunteer to join. Rascop moved,
seconded by Shaw, to approve the request to be set up by the
Finance Director. Motion carried unanimously.
Low Income - Sewer Rate
RESOLUTION NO. 22-84
A request to continue and establish a rate reduction in the
quarterly sewer charges for low income residents making
applications and qualifying under the Section 8 income limits
has been received.
Rascop moved, seconded by Haugen, to approve a 1/3 reduction
in sewer rates for those who request and qualify for the
lower rate. Motion carried unanimously.
1983 Workmens Compensation Dividend
A check in the amount of $928.00 was received from the
insurance carrier, League of Minnesota Cities, as a
reimbursement of 1983 Workmens Compensation.
MAYORS REPORT
Disposal Advisory Committee Appointment
Rascop moved, seconded by Gagne, to apppint Jan Haugen as
representative to the Disposal Advisory Committee. Motion
carried unanimously.
COUNCIL REPORTS
Review of Proposed New Bills
Haugen reviewed the IIAction Alertll bulletin on proposed new
bills such as: IIComparable Worth II and "Legal Publication Billll.
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REGULAR COUNCIL MINUTES
APRIL 9, 1984
Page Seven
COUNCIL REPORTS (Continued)
Crescent Beach Expenses
Gagne informed the Council of the need to replace a stolen
boat for the use of the life guards and the repairs necessary
to the raft for Crescent Beach. Estimates for the replacement
boat are from $425.00 - $625.00 for a 12' boat. Estimates
for a raft is $2000.00 for all repairs or $500.00 for frame
repair and an additional $400.00 for deck replaced by the
City crew. Council instructed Gagne to obtain expenditure
approval from Tonka Bay for 1/2 of the cost and then proceed
with boat purchase and frame repair with in-house deck
replacement.
APPROVAL OF CLAIMS AND ADJOURNMENT
Rascop moved, seconded by Haugen, to approve claims for
payment to be followed by adjournment at 1:40 AM. Motion
carried unanimously - 5 ayes.
Respectfully Submitted,
Sandra L. Kennelly
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