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062584 CC Reg Min e e e CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 25, 1984 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:30 P.M. M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 P.M., Monday, June 25, 1984, in the Council Chambers of City Hall. PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance and a prayer by Mayor Rascop. ROLL CALL Present: Mayor Rascop; Councilmembers Haugen, Shaw, Stover, Gagne. Staff: Attorney Larson, Engineer Norton, Planner Nielsen, and Clerk Kennelly. APPROVAL OF MINUTES Regular Council Meeting Gagne moved, seconded by Haugen to approve the Minutes of the regular Council meeting of June 11, 1984 as written. Motion carried - 5 ayes. Continuation - Board of Review Haugen moved, seconded by Gagne to approve the Minutes of the continuation of the Board of Review Meeting. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Kathy Schwartz of Chanhassen came to the Council to request a Resolution in support of a group of Chanhassen residents asking the Metro Waste Control to reconsider the installation of a force main instead of a gravity line to be located on the south side of Christmas Lake and the north side of Lotus Lake. The group is highly opposed to the force main. Their concerns are the environmental damage that could occur if the force main would ever break. Engineer Norton did not feel there was any more probability in it breaking than a gravity line and no more damage would occur than from a force main breakage. Council did not feel they had sufficient information to support the Chanhassen group with a Resolution. Haugen moved, to instruct the staff to submit a letter to the members of the Metropolitan Systems Committee to delay a decision until this matter has been studied in depth, seconded by Shaw. Motion carried unanimously. MINUTES, REGULAR COUNCIL MEETING JUNE 25, 1984 Page Two ~ PARK COMMISSION REPORT Marty Jakel of the Planning Commission reported on their discussion of the Shorewood Oaks project and their concerns of the effect on Freeman Park the proposed drainage plans may have. The Commission would like more specific park plans when available on the Trivesco project. A complaint was received from the residents living in the house next to the entrance of Freeman Park, of the dust created by speeders using the park area. The Commission discussed oiling or tarring that area. There is money in the park fund for improvements. Council instructed the Engineer to draw specifications for a 4" coat on approximately a 200' strip, to extend to the parking area. COMMERCIAL BUILDING PERMIT - WARNER'S HARDWARE A building permit request was received from Warner's Hardware at 23600 State Highway 7. The permit is for alteration within the confines of the existing structure. Gagne moved, seconded by Haugen to approve the request as submitted. Motion carried - 5 ayes. SIGN PERMIT REQUEST - RAPID OIL CHANGE e A request for 2 signs to be located at 19465 State Highway 7 on the new Rapid Oil Change building. Freestanding sign on a 20-25' pole, 5 x 10' and a wall sign 3 x 12' will be installed in earthtone in accordance with the C.U.P. issued. Gagne moved, seconded by Stover to approve as requested. Motion carried - 5 ayes. NEPHEW DRAINAGE PROBLEM Michael Fahey representing Doris and Fred Nephew of 5890 Cathcart Drive in a drainage complaint. His client feels that the overflow of drain- age water flowing across his property is a result of a catch basin that flows into a culvert that flows under the road and opens onto the Nephew property. This has created constant surface water flowing across his yard. Mr. Nephew contends this is a direct result of the catch basin installed by Mr. Dean Johnson when he built his home at 5875 Cathcart Drive. This catch basin has 3 pipes flowing into it: 1) One pipe drains the properties to the north. 2) Second pipe drains the properties from the south. 3) Third pipe drains the surface and ground water around the Johnson home. e Council and engineer discussed various ways to divert the water flow through relandscaping, diking, swaling, and terracing. Mr. Johnson felt this could handle the problem if every property contributing to the problem would work together. Engineer Norton felt the only right way to correct this situation is to install a storm water system in MINUTES, REGULAR COUNCIL MEETING JUNE 25, 1984 Page Three e Nephew Drainage Problem, continued: that area. This would consist of approximately 600 feet of storm sewer pipe that would drain the Afton Road, Cathcart Drive, Smithtown Road area and going north under Smithtown Road to the north, then emptying into the wetlands. Stover requested an opinion from the City Attorney on the following questions: 1) Would the proposed 600 foot storm water system cover enough of the area, and if an additional area had to be added onto later, could these people be reassessed? 2) If the City does the improvement, does this automatically cause us to be responsible for other drainage problem areas? 3) Can this be done without an assessment district? 4) Define the benefitted area of that drainage district. Stover moved, seconded by Gagne to direct the Engineer and Attorney to obtain more specific information before acting on this matter. Motion carried - 5 ayes. AMESBURY TRAIL REQUEST e Jim McNulty and Mr. and Mrs. Eisert presented an agreement on all details of the proposed Amesbury West Trail. Gagne moved, seconded by Stover to approve the trail request in accord- ance with the list of agreements signed by Eiserts and McNulty. Also, to obtain recommendations from the Fire and Police Departments on the access between Bayswater Road and Garden Road, installation to be supervised by the Building Inspector. Motion carried unanimously - 5 ayes. Mayor Rascop thanked the Eiserts and Jim McNulty for their joint cooperation in this solution. Council Break - 9:00 PM to 9:05 PM. 8:00 PM PUBLIC HEARING SHOREWOOD OAKS - COMPREHENSIVE PLAN AMENDMENT AND REZONING TO P.U.D. Geoff Martin and Tim Phenow of Howard Dahlgren and Associates were present representing the Shorewood Oaks Development project to be located at northeast corner of Strawberry Lane and W. 62nd Street, and north of the Chanhassen border line. The project is proposed for 96 single-family dwellings and 29 townhouse units with an overall density of 3 units per acre. The Comprehensive Plan calls for 2 units per acre. The lots are 10,000 sq. ft. minimums with 75 foot frontage with 5 foot side setbacks requested for garage and/or "inactive" area. Utilities will include sanitary sewer, storm sewer, and municipal water from Chanhassen. e MINUTES, REGULAR COUNCIL MEETING JUNE 25, 1984 Page Four ~ Shorewood Oaks, continued: Public comment from Joe Gorecki questioned the holding pond planned on Freeman Park, will this contain all the drainage, and will it create additional drainage problems for the Cathcart area? They did feel this plan should hold the drainage necessary and should not add any additional problems on the Cathcart area. This ponding will flow into the Noble property which has already installed drainage pipe to handle this additional flow. Marianne Johnson of 5915 Strawberry Lane would like positive assurance that this project will not cause additional drainage problems. Margaret Osha of 25840 St. Hwy 7 felt the land will be built up more and dump all the water on her property. Engineer Norton stated the perforated pipes installed should help drain the area. Osha property will be higher than any of the new lots. Osha and Johnson will like a written agreement to insure them the right of recourse against the project for any hardship they may suffer for any drainage problems created from this project. Public portion of the hearing was closed at 9:48 PM. Haugen recommended a redesigning of the curve within the project to meet a 30 MPH curve. Gagne did not like the ponding being contained on the City's park property. Haugen said this area could become a good wild life area. Engineer indicated that the 1975 Storm Water Plan had shown a ponding area in the park prior to the purchases of this land for a park. Haugen suggested a relocation of the proposed pond- ing area, and enlarge some of the lots along Strawberry Lane to lessen ~ the number of lots exiting on Strawberry Lanes. Haugen moved, seconded by Gagne to recommend the Comprehensive Plan Amendment change and grant the Concept Stage approval. After further discussion Haugen withdrew her motion, Gagne accepted. RESOLUTION NO. 38-84 Haugen moved, seconded by Gagne to approve the Comprehensive Plan Amendment for 2 to 3 units per acre, map graphics to be altered in accordance. Roll Call vote - 3 nays (Stover, Rascop and Shaw), 2 ayes - Motion denied. Council directed City Attorney to draw "Facts of Finding". TRIVESCO C6rriprenensi've Plan. Amendment RESOLUTION NO. 36-84 Council reviewed the written text amendment and made minor changes. Stover moved, seconded by Gagne to approve the Comprehensive Plan Text Amendment as corrected. Motion approved by Roll Call Vote -5 ayes. Concept Stage Approval RESOLUTION NO. 39-84 . Gagne moved to approve the Concept Stage Plan, seconded by Haugen for discussion. Council reviewed various suggested requirements to be drawn into the development agreement: e MINUTES, REGULAR COUNCIL MEETING June 25, 1984 Page Five Trivesco, continued: 1) Commercial area parking to be located to the rear of the buildings. 2) Residential design with two-story limit to commercial buildings. 3) No restaurant uses, no cars, sales, etc. Commercial uses more like the uses allowed in the R-C District. 4) Development phasing schedule, suggested multiple and commercial done at the same time as the installat~on of the new intersection. 5) Water source determined after additional information can be obtained. 6) Park Commission to approve park dedication. Roll Call Vote to approve the Concept Stage Plan as motioned - 5 ayes. AUTHORIZATIONS Dayton Property Appraisal Rascop moved, seconded by Gagne to authorize Planner Nielsen to obtain an appraisal of the Dayton property adjoining the Trivesco project. The Park Commission would prefer this area do the proposed e Trivesco park plan. Motion carried unanimously - 5 ayes. Specification for Municipal Utilities RESOLUTION NO. 40-84 Shaw moved, seconded by Gagne to direct the City Engineer to prepare specifications of municipal utilities for Phase I of the Trivesco development. Motion approved by Roll Call Vote - 5 ayes. Traffic Study - Trivesco Haugen moved, seconded by Gagne to direct Engineer Norton to proceed with the Traffic Study within the scope of work previously outlined with an agreement between Trivesco and the City. Motion carried unanimously - 5 ayes. PRESENTATION FROM BONDING CONSULTANT Dave Goblirsch of the Springstad Co. was present to discuss types of bonding, assessing, time guidelines and differences of bonding and consulting firms. Information and copy of their contract was given to Council. Council thanked him for his presentation. JUMAR MOTOR HOME - REQUEST WITHDRAWN No action was taken. . MINUTES, REGULAR COUNCIL MEETING JUNE 25, 1984 Page Six e ATTORNEY'S REPORT Garber Stipulation Rascop moved, seconded by Gagne to accept and sign the stipulation agreed upon with David S. Garber of 26980 Edgewood Road, granting the City a 15' easement on the north side of the tarred surface of Edgewood Road at that location. Motion carried unanimously - 5 ayes. Attorney's Vacation Attorney Larson informed the Council of his vacation from July 20th to August 6th. Larson recommended Attorney Desel Peterson to be appointed in his absence. Council accepted recommendation. ENGINEER'S REPORT Seal Coating Specification RESOLUTION NO. 41-84 Engineer Norton asked for authorIzation to advertise for bids for Seal Coating Project No. 84-1 for the Shady Hills area and Knights- bridge Road. Rascop moved, seconded by Gagne to accept specification and advertise for bids. Motion carried - 5 ayes. Ivy Lane Storm Drain Project Gagne moved, seconded by Haugen to accept Ivy Lane storm Sewer Project No. 84-3 and Motion carried - 5 ayes. 4It ADMINISTRATIVE REPORTS RESOLUTION NO. 42-84 the Contract Document for advertise for bids. A letter was received from MAMA in reference to cities working together to comply with the "Comparable Worth" bill. Council directed the Administrator to obtain additional information on Comparable Worth and Data Privacy. COUNCIL REPORTS Liquor Commission Report Stover reported on receiving a letter from Tonka Bay in reference to the hiring of their Liquor Store manager. Stover felt that every- one concerned had been spoken to at this time, and Tonka Bay was no longer upset. A new sign will be placed at Liquor Store I. Ad for part-time employee for the stores has been placed. Retirement party for Store Manager - Harry Feichtinger is planned for July 15th at Minnetonka Country Club. His retirement date is July 9th. Liquor Store I lease payment has increased. e Inventory is scheduled for July 31, 1984. - MINUTES, REGULAR COUNCIL MEETING JUNE 25, 1984 Page Seven Water Presentation James Beal (Concerned Citizen Group) called Stover to request the Council to hear comments from Dean Spatz in reference to the Municipal Water issue. The meeting is tentative for July 25, 1984. Glen Road Drainage Problem Gagne explained the drainage problem on Glen Road that Tom Story has. Council discussed various ways to correct and pay for drainage problems, such as: create a fund, assess entry drainage district, do nothing, budget for project - 1st come - 1st serve. Late Meeting Council discussed various ways to prevent the continuation of very late meetings including the possibilities of using a consent agenda. APPROVAL OF CLAIMS AND ADJOURNMENT Shaw moved, seconded by Rascop to approve claims for payment to be followed by adjournment at 1:05 A.M. Motion carried. General Fund (Acct. # 00166) Checks # 28872 - 28972 Liquor Fund (Acct. # 00174) Checks # 2181 - 2250 e Respectfully submitted, -~~~~ Mayor Sandra L. Kennelly City Clerk e