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072384 CC Reg Min e - . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 23, 1984 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 6:30 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 6:30 PM, Monday, July 23, 1984. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne, and Haugen. Staff: Engineer Bernie Mittelsteadt; Planner Brad Nielsen; Administrator Dan Vogt and Deputy Clerk Sue Niccum APPROVAL OF MINUTES Gagne moved, Haugen seconded, to approve the Minutes of July 16, 1984, as written. Motion carried unanimously. MATTERS FROM THE FLOOR none PLANNING COMMISSION REPORT Liaison Kristi Stover reported: Shorewood Oaks Geoff Martin of Shorewood O'aks appeared before the Planning Commission to request reconsideration. Planning commission told Mr. Martin they can't do anything regarding reconsider- ation at this time. Planning Commission asked Stover to request a letter from the Council telling them why it was turned down so they can again explore these areas. Stover explained to the Planning Commis- sion that the City Attorney is drawing up a "Findings of Fact" and she will see that they get a copy. PARK COMMISSION REPORT No representative was present. Mayor Rascop said the Minutes are explanatory. COUNCIL MINUTES MONDAY, JULY 23, 1984 page two e CONSENT AGENDA APPROVAL ITEM A - SIMPLE SUBDIVISION Doug DeMalignon - 5935 Country Club Road Mr. DeMalignon requested rearranging his lot line so he could build a detached 2 car garage on the lot with the new house. ITEM B - FENCE PERMIT Tom Stovern - 5715 Star Lane Mr. Stovern requested a 6' stockade fence along the southern boundary of his property, 10' away from Star Lane right-of-way and running eastward. Neighbor's gave approval. Gagne moved, Haugen seconded, to approve the Consent Agenda with the stipulation that Item A (DeMalignon) follow the Planner's recommendation to maintain the 120 foot width at the building line of the northerly lot to keep both lots 40,000 square feet in area. Motion carried unanimously. SIMPLE SUBDIVISION - CLIFF BRANDHORST 27225 Smithtown Road RESOLUTION NO. 46-84 e Mr. Brandhorst was present to explain that he has approximately 9.75 acres that he wishes to divide into 3 lots. He eventually wants to divide it into 1 acre lots but can't afford to do so at this time. Planner Nielsen stated that no variances will be needed for his proposed resubdivision sketch, so he will qualify for a Simple Subdivision any time in the future. Haugen moved, Gagne seconded, to approve the Clifford Brandhorst Simple Subdivision with the drawing of a Resolution to include the Planner's recommendations, and with the understanding that if the property is divided again, the park fee will be charged again. Motion carried unanimously by Roll Call vote. ZONING ORDINANCE TEXT AMENDMENT ORDINANCE NO. 160 Joyce and Stanley Kotzker - 6140-42 Chaska Road Mr. Rafael Viscasillas was present to request an amendment to the current Zoning Ordinance so they can divide their two-family dwelling into two separate units, as it is currently owned by Kotzkers and Viscasillas, and the Kotzkers are moving to Washing- ton. e Planner Nielsen informed the Council that a new maintenance agree- ment has been drawn up. He said it should be referred to City Attorney Gary Larson. There should be a clause binding future owners to the agreement and a copy should be included with the deed. e e e COUNCIL MINUTES MONDAY, JULY 23, 1984 page three Kotzker cont. Mayor Rascop questioned the Park Fee. Planner Nielsen recommended not charging, but will check with the Park Commission. Two sewer services are required, with separate cleanouts at the "Y". City Engineer's approval is required on this. Stover moved, Gagne seconded, to adopt this Ordinance as written by Roll Call vote - 4 ayes - 1 abstain (Shaw). FINANCIAL CONSULTANTS Gagne moved, Rascop seconded, to approve "Springsted Incorporated Public Finance Advisors" as our new financial consultants. Motion carried by Roll Call vote. Unanimous (Haugen abstained, then ayed) ENGINEER'S REPORT RESOLUTION NO. 47-84 Review and approval of Street Replacement - Project #84-2 Engineer Mittelsteadt informed the Council that the estimated cost is $150,000 for repairs. $30,000 will be available in County Road Aid. Gagne moved, Stover seconded, that a resolution be drawn to approve the plans and specifications, and to authorize advertisements for bids for Street Replacement - Project #84-2 Gagne moved, Stover seconded, to amend the motion to include paving 200' of Freeman Park Road, provided it is funded out of the Park Capital Improvement Fund. Motion carried unanimously. MAYOR'S REPORT Boat Trip for Elected Officials - August 4, 1984 Mayor Rascop informed Council the boat trip will take place from 11:00 AM to 2:00 PM, and asked Council to let him know who will attend. New Police Cars The purchase of 2 new police cars was authorized and will be taken out of the Contingency Fund. The reasoning behind this being that this is the last year rear wheel drive will be available, and front wheel drive requires retraining in driving procedures. Budget Administrator Dan Vogt will be meeting with the Police Department to discuss budgeting. COUNCIL MINUTES MONDAY, JULY 23, 1984 page four e COUNCIL REPORT Councilmember Jan Haugen reported: Cable Commission The Annual Cable Commission Meeting will be held on July 31 at 5:30 PM. They will elect officers, work on the budget, and possibly look for a coordinator. Computer Symposium Councilmembers and Staff will attend various classes at the symposium beginning July 24. Liquor Store Inventory Inventory will begin July 31 at 6:00 PM. MATTERS FROM THE FLOOR none 8:00 PUBLIC HEARING - VARIANCE REQUEST - LAKE SHORE SETBACK Pamela Kizer - 21115 Christmas Lane e Mrs. Kizer was present to state she wishes to replace the present building with another, approximately 12' x 16'. She will drop the excess L5 irich height request for the gazebo, and is willing to build the new structure farther back. Haugen moved, Shaw seconded, to approve a setback variance allowing them to build not less than 35 feet from the lakeshore at 21115 Christmas Lane. Motion carried unanimously by Roll Call vote. 8:15 PUBLIC HEARING - SIMPLE SUBDIVISION/VARIANCE REQUEST - LOT WIDTH Jim Heiland - 25605 Smithtown Road Mr. Heiland was present to explain that he wishes to divide his property into 3 parcels. The existing house and 1.6 acres to be sold. The northernmost 5800 square feet to be left as an outlot to be combined with his auto repair property. He will keep the remaining 3.7 acres to build his own home. He wishes to retain the existing storage buildings until his house is built. e Stover moved, Haugen seconded, to approve the Simple Subdivision and variance request on the lot width subject to the Planner's recommendations, 1 through 6, plus the following: 7. The south one-half of the east 68' is a separate lot, this must be combined with the remainder of the property to the west. 8. There is a large vacant piece of property behind (south) the Heiland property. Due to the fact that, if this property is ever divided it will be landlocked, Mr. Heiland must consider the possibility that when he subdivides, a platted road to the south property may be necessary. Motion carried unanimously by Roll Call Vote. COUNCIL MINUTES MONDAY, JULY 23, 1984 page five e Jim Heiland cont. Council discussed zoning and decided to do the rezoning of the entire Commercial property at a later date, when the new Zoning Ordinance has been completed. 8:30 PUBLIC HEARING - SIMPLE SUBDIVISION/VARIANCE REQUEST - LOT WIDTH Irma French - 23~25 Smithtown Road Irma French and Judy Sellnow were present to request a Simple Subdivision. She wishes to divide 39,000 square feet into 2 lots, requiring a variance of 1,000 square feet. Shaw moved, Haugen seconded, to approve the Simple Subdivision and Variance request on lot area subject to the Planner's recom- mendation. Motion carried unanimously by Roll Call vote. TRIVESCO - WATERFORD RESOLUTION NO. 48-84 Mr. Paul Stenier was present to request Council review and approval of 1st Phase plans and specifications for streets and utilities; plus authorization to advertise for bids. e Planner Nielsen informed Council that the Environmental Assessment Worksheet (E.A.W.) has been completed, and as of July 31st, there will be a 30 day comment period to determine whether an Environ- mental Impact Statement (E.I.S.) will be required. Mr. Steiner asked that the grading be done with a City bond issue. Engineer's orig;.i.,nal estimate for the grading is $15cr,000. The earliest the bids can be awarded is August 27, 1984~ due to the E.A.W. Gagne moved, Haugen seconded, to have a Resolution drawn approv- ing the plans and specifications and authorizing the advertise- ment for bids for grading plans as prepared by Schoell and Madson (Project #84-5G) and Sanitary Sewer, Water Main, Storm Sewer, Street Construction and Appurtenant Work (Project #84-5). Motion carried unanimously by Roll Call vote. *** Council wishes it to be known that advertising for bids is not to be misinterperted in any way as an endorsement or prior approval of the project. 8:45 PUBLIC HEARING - SETBACK ADJOINING A ROAD RIGHT-OF-WAY Thomas Doherty - 20375 Manor Road Mr. Doherty appeared before the Council to request a setback variance to build a swimming pool. The topography of his land leaves little building area. e Stover moved, Haugen seconded, to approve a 20 foot setback variance from the east property line. Motion carried unanimously. e e e ADJOURNMENT COUNCIL MINUTES MONDAY, JULY 23, 1984 page six Shaw moved, seconded by Stover, to adjourn at 9:47 PM. Motion carried unanimously. General Fund - 29027 - 29105 Liquor Fund 2276 2351 RESPECTFULLY SUBMITTED Susan Niccum Deputy Clerk $ 76,891.45 $ 36,988.99 ;f~I?~