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101584 CC Reg Min . . . CITY OF SHOREWOOD REGULAR MEETING MONDAY, OCT. 15, 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 PM, October 15, 1984. (Planning Commission interviews will be postponed until 7:00 PM, October 22, 1984). PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Haugen, and Shaw. Staff: Attorney Larson, Engineer Norton, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Haugen to approve the Minutes of the regular meeting of September 24, 1984 as written. PLANNING COMMISSION REPORT Stover reviewed the Planning Commission minutes of October 2nd. She indicated that there had been a large interest and attendance in reference to the Harding Acres proposal. The public portion of the hearing has been closed but the hearing will be continued to their next meeting. RAPID OIL CHANGE - FEE DISPUTE Ed Flaherty was present to disagree with the City Attorney expenses charged against his requests. He does not feel he should be responsible for the City Attorney expense when dealing with an adverse position. He had his own attorney expenses involved in obtaining a reconsideration from the Council. He felt each party should be responsible for their own attorney expenses. He would like to see a breakdown of attorney expenses, normal procedure expenses as opposed to "reconsideration" expenses. Council felt he was responsible for the expense but felt a review of the fee schedule should be made. PARK COMMISSION REPORT Shaw reported on the "fire lane" recommendations. They discussed a possible relocation of the Police Department onto the Badger Park site. Hockey rink discussion on cost of equipment maintenance and use was reviewed. MINUTES REGULAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page two . 7:45 PUBLIC HEARING FEDERAL REVENUE SHARING FUNDS RESOLUTION NO. 69-84 A public hearing was opened for public comment at 7:55 PM, with no public comment, hearing was closed at 7:57 PM. Administrator Vogt submitted a breakdown allocation submitted at the time of budget discussion. A total of $19,000. is the proposed allocation: Street Improvements Civil Defense Siren Police Budget $4,000. 6,000. 9,000. $19,000. Gagne moved, seconded by Haugen to approve the allocation of Federal Revenue Sharing Funds as submitted. Motion carried by Roll Call Vote 5 ayes. 8:00 PUBLIC HEARING JOHN LUCE - 5e55 RIDGE ROAD - SETBACK VARIANCE RESOLUTION NO. 70-84 Mayor Rascop opened the public hearing for public comment at 8:00 PM. Mr. Luce was present to explain his request of a 30 foot Matlliance for the placement of a garage. He would like to place the garage 20 feet from Ridge Road because of the severe drop in ele~ation from the road. With no public comment, hearing was closed to the public at 8:04 PM. . Stover moved, seconded by Gagne to approve the variance in accordance with thefllanner' s !recommendations dated 9/24,;'134. Motion carried unanimously by Roll Call Vote - 5 ayes. ATTORNEY REPORTS AMENDMENT TO ORDINANCE #2 ORDINANCE NO.. 161 License the Sale of Non-Intoxicating Malt Liquor Attorney Larson submitted an Ordinance to amend Ordinance No. 2 restricting specific days that non-intoxicating malt liquor can be sold. Stover moved, seconded by Gagne to waive the 2nd reading and adopt the Ordinance as submitted. Ordinance adopted by Roll Call Vote-5 ayes. . Cabalka Request The Council received a letter from Mr. Cabalka's attorney, Mr. Kelly requesting the right for Mr. Cabalka to sell his homestead lot and retain a small parcel of land next to his homestead to place a picnic table on and continue using a dock that presently exists there. Mr. Cabalka reviewed the creation of these lots. Attorney Larson felt that according to the Zoning Ordinance that technically these lots were "merged" because of the size and location and zoning requirements of that area, and a subdivision would be necessary to sell separately. Council directed the attorney to obtain additional background on the Ordinance. Haugen moved to table further discussion until the first meeting in November, seconded by Gagne. . . . MINUTES REGULAR COUNCILME'ETING MONDAY, OCT. 15, 1984 page three 8:15 PUBLIC HEARING ERIC DANSER - 21640 LILAC LANE VARIANCE TO EXPAND A NONCONFORMING STRUCTURE RESOLUTION NO. 71-84 Jane Danser of 21640 Lilac Lane was present to request a variance to add onto a nonconforming structure. The existing dwelling is 46 feet from the street instead of 50 feet as required by Ordinance. The hearing was opened at 8:30 PM to the public. John Breckheimer of Lilac Lane spoke in favor of the addition to the rear of the existing dwelling. With no other public comments, the hearing was closed at 8:32 PM. Stover moved, seconded by Shaw to approve the variance request based on the Planning Commission recommendation. Motion carried unanimously by Roll C~ll Vote - 5 ayes. 8:30 PUBLIC HEARING LARRY DeWITT - 2e090 WOODSIDE ROAD VARIANCE TO EXPAND A NONCONFORMING STRUCTURE RESOLUTION NO. 72-84 The public hearing was opened at 8:35 PM. Ernest O'Neill, the present owne~ was present to explain their variance request. He has asked the Council for a variance to add to his existing home at the same setback distance as now exists, which is 8 feet. That was the proper setback according to Ordinance at the time the house was constructed. The present Ordinance requires 10 foot side setbacks. Mr. DeWitt, the new purchaser, did not feel this would adversely affect any of the adjoining properties. Shaw moved, seconded by Rascop to approve the variance based on a hardship of the change in Ordinance since the house was constructed. Motion carried by Roll Call Vote - 4 ayes, 1 nay (Stover). Stover motioned to review Ordinance No. 159. Failed for lack of second. RECONSIDERATION - SHOREWOOD OAKS Representing a request from Dave Johnson, the owner of the property proposed for Shorewood Oaks, was John Shardlow, Tim Phenow, and Geoff Martin, of Howard Dahlgren Associates. Mr. Shardlow began by asking the Council to reconsider their position and approve their request for a Comprehensive Plan Amendment and consider a P.U.D. zoning and development plans as previously submitted. He felt that this proposal is a perfect example of the use of the P.U.D. zoning. Geoff Martin then reviewed for the Council the proposed plan, reviewed possible water supply, density (3 units per acre), price ranges ($80,000. - $120,000.),average square footage of lots (10,900 sq. ft.), and hardships of the property being watertable, Highway traffic and noise and park noise. MINUTES REGULAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page four . Shorewood Oaks Reconsideration, continued: Haugen questioned the type of construction planned. Stover asked why lots could not be 20,000 sq. ft. Developer Johnson stated that the cost of improvements needed for this area because of the water problem, and hardships due to the location, required a higher density of residents to spread the total cost over and still be able to provide a low price home that would be available to a larger percentage of the people. Gagne asked Engineer Norton if the proposed storm drainage plan would handle the run,- off. Norton felt that it was adequate, more details would be required before approving. Council reviewed the Resolution of Denial previously drafted and made alterations. Mrs. Towne commented, "that we have zoning laws so why do we issue variances, get rid of the laws if we don't follow them, we don't want that density". Haugen had problems w~th density and egress from Highway 7. Planner Shardlow felt some site design can be changed but this proposal is the only way this property can be developed and given the time with the Council, at his own expense)he could prove it to them. Ha;Ugen asked Engineer Norton if he agreed that the ground type is "marginal". Norton did agree with that statement. Gagne asked if this project would cause (additional drainage problems. Norton felt the storm sewer design was adequate to handle the run-off, but the City would have to continue the svmrm sewer area on their own. . Gagne moved, seconded by Stover, for discussion, to accept the Resolution of Denial. Council reviewed and made changes in the Resolution, accepted by Gagne and Stover. Gagne withdrew his motion, and requested the revised Resolution be returned by action on October 22nd, Stover accepted. Motion carried - 5 ayes. Mr. Johnson then offered to sell the property to the City to add to Freeman Park. TREE BIDS Council reviewed the bids that were received from 3 contractors at a bid letter held at 11:00 AM, October 15, 1984. The bfuds were broken down into 3 areas. . Administrator Vogt informed the Counoil that the balance of funds in the CDBG funds was 4,959.00 for the purpose of disease tree removal. He recommended awarding Area 1 only, in the amount of $5,082.00 to Cere's, 2196 Carter Ave., St. Paul, Minn. Gagne moved, seconded by Rascop to award the bid for Area 1 to Cere as recommended, subject to insurance coverage. Motion carried - 4 ayes, 1 nay (Shaw). MINUTES REGULAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page five . DISCUSSION OF FORMAL ADOPTION OF COMPREHENSIVE PLAN A letter was received from Sandra Gardebring requesting a Resolution from the City adoptihg our Comprehensive Plan. Council directed the staff to followup on and return with information. ATTORNEY REPORTS Park and Road Right-of-Way Purchase Larson informed the Council of the dealings with Steve and Jim Bruce in reference to the purchase of a portion of the "Dayton Property" for park land and road right-of-way needed to continue "Old Market Road". The Bruces are asking $125,000. with the me,jority in cash, for the 8.1 acre property. Council discussed the price and various forms of financing. Haugen directed the Administrator to speak to Pete Pflaum about park donations from Near Mountain. Also arrange to have the Trivesco pE:ople present at the October 22nd meeting to continue this discussion. ENGINEER REPORTS ~ Change Order No. 1 - Waterford Project No. 84-5 Norton presented a change order to add additional sanitary sewer, storm sewer, street construction and restoration for theChartwill Hill area in the amount of $78,901.28 to be added to the existing Waterford Project and to be added to the bonding package. Haugen moved to table until the October 22nd Council meeting. Plan Revision - Waterford Project No. 84-5 Norton read a letter from Trivesco engineers, Schoell and Madsen, Inc. requesting variations in pipe sizes and some other alteration in line. Norton was opposed to the reduction of the watermain in Old Market Road from 12 inch to 10 inch. He felt the cost difference would not be more than $2,000. Haugen moved, seconded by Shaw to accept the engineer's recommendation and maintain the 12 inch waterline for Old Market Road. Motion carried - 3 ayes, 2 abstained (Gagne and Stover). COUNCIL MEETING DATES CHANGES - NOVEMBER The Council cannot meet on their regularly scheduled 2nd Monday of the month because it is Veterans Day. Council rescheduled the meetings in November for the 19th and the 26th. CONTINUATION OF ENGINEER REPORTS . Street Replacement Project No. 84-2 - Progress Report Norton reported to the Council on the progress of the Road Project No. 84-2. Smithtown Road will be completed soon if weather allows. Freeman Park entrance is coming along good but legal access accord- ing to the State Highway Department is different than what we show. MINUTES REGULAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page six . Engineer Report, Street Replacement Project 84-2, continued: Legal access should be changed on paper to coincide with the actual placement. Island culverts will be replaced and widened before winter in gravel. Shady Island Circle will be completed this year if the weather permits. Sealcoating Project No. 84-1 Engineer Norton recommended the approval and payment in the amount of $10,206.80 for the work completed up to date. Final payment to be submitted at a later date. Rascop moved, seconded by Haugen to authorize payment in the amount of $10,206.80 to Allied Blacktop, Inc., 10503 - 89th Ave. No., Maple Grove, Minn. as recommended. Motion carried - 5 ayes. ADMINISTRATOR REPORTS Bond Sale Date RESOLUTION NO. 73-84 Due to the additional work requested to be added to the Waterford Project and to the bonding amount, the Bond Sale date will have to be changed. Rascop moved, seconded by Shaw to rescind Resolution No. 66-84 and move the Bond Sale date to November 19, 1984. Motion carried by Roll Call Vote - 5 ayes. . Stover motioned to include "all" City costs in reference to the Waterford Project, including engineer expenses, to be assumed and paid for by the developer... seconded by Gagne. Motion carried unanimously - 5 ayes. Finance Director Ev Beck reported on the theft of two (2) Satellites from the City parks. Our insurance has a $500. deductible. Research on the Hennepin County contract will be done to see who covers the loss~ Vendors will be invited to start showing their products for auto- mation for the purchase of hardware and software. MAYOR REPORTS Mayor Rascop reported that the South Lake Minnetonka Police Department has started looking for a new building site. Various areas have been suggested, the northeast corner of Badger and the vacant Clark Oil Station site, next to the Crepeau Dock Shop, and some area sites in the other cities. . . . . MINUTES REGULAR COUNCIL MEETING MONDAY, OCT. 15, 1984 page seven FINANCE COMMITTEE RESIGNATION A letter of resignation was received from Committee member Ed Bergslein. Haugen moved, seconded by Rascop to accept Mr. Bergslein's resignation effective immediately. Haugen moved, seconded by Rascop to direct the Finance Committee to obtain authorization from the Administrator prior to contacting any and all departments of the City for information. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne to approve the claims for payment to be followed by adjournment at 12:22 A.M. Motion carried - 5 ayes. General Fund (Acct. #00166) Checks 29405 - 29472 $122,675.78 Liquor Fund (Acct. #00174) Checks 2550 - 2625 $ 52,849.31 Respectfully submitted, #A4;.p~ Mayor Sandra L. Kennelly City Clerk