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121084 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, DECEMBER 10, 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., December 10, 1984. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop; Councilmembers Haugen, Shaw, Stover and Gagne. Staff: Attorney Larson, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Shaw, to approve the minutes of the regular Council Meeting of November 19, 1984 as corrected. Motion carried unanimously. . Gagne moved, seconded by Shaw to approve the minutes of the Traffic Study review meeting held November 27, 1984 as corrected. Motion carried unanimously. PLANNING COMMISSION REPORT Rascop reported on the Newberg simple subdivision and the Whelan variance request discussed at the meeting. These requests will be sent to the Council. PARK COMMISSION REPORT Shaw reviewed the Commission's plan for a City skating party. SIMPLE SUBDIVISION - MIKE NEWBERG 23130 SUMMIT AVENUE RESOLUTION NO. 86-84 Mr. Newberg was present to request a simple subdivision of 3 lots that comply with the zoning requirements. An easement or a change in the sewer line leading to the existing house will have to be agreed on, Engineer Norton was in agreement with either solution. Gagne moved, seconded by Shaw to approve the simple subdivision as requested subject to the Planners recommendations listed in his November 29, 1984 reports. Motion carried by roll call vote - 5 ayes. . MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1984 page two . APPROVAL OF FINAL PLAN AND DEVELOPMENT AGREEMENT ROBERT S.C. PETERSON RESOLUTION NO. 87-84 Mr. Robert Peterson of 5470 Covington Road was present to request Final Plan approval and approval of the Development Agreement for his P.U.D. request. The Council reviewed the Plan and the Development Agreement suggesting changes in setback requirements for storage areas for recreational equipment and storage buildings to a 50 foot perimeter of the property. Other amendments were made, the City Attorney then recommended approval as amended. Planner Nielsen requested watershed approval, run-off calculations be submitted and erosion controls to be approved by the City Engineer. The roads and utilities are to be approved by the Engineer but will remain under private ownership. Road and utilities would have to be upgraded to City specifications if they were requested to be taken over by the City in the future. Also, an "Emergency Provision" should be required to allow the City to do repairs if the association does not take proper steps to correct, all expenses to be charged back to the owners. Gagne moved, seconded by Rascop to approve the Final Plan and the Development Agreement as amended, subject to the necessary approvals as previously stated. Motion carried by roll call vote - 5 ayes. . 7:45 P.M. PUBLIC HEARING ROBERT WHELAN-VARIANCE REQUEST RESOLUTION NO. 88-84 Public hearing was opened at 8:25 P.M. to hear a request from Robert Whelan of 5910 Cathcart Drive for a variance to expand a nonconforming structure. This expansion does not expand the nonconformity of the structure that was caused by the Zoning Ordinance passed after the structure was constructed. The public po~tion of the hearing was closed at 8:28 P.M. with no public comment. Gagne moved, seconded by Haugen to approve the variance as requested. Variance granted by roll call vote - 5 ayes. DECLARATION OF PROTECTIVE COVENANTS - ROBERT S.C. PETERSON The Council reviewed the Declaration of Protective Covenants governing the Robert S.C. Peterson P.U.D. and minor revisions were made. Gagne moved, seconded by Haugen to accept the amended Declaration. Motion carried unanimously - 5 ayes. PROPOSAL FOR SEWER AND WATER MAINTENANCE . Bob Polston from Munitech, Inc. presented a proposal for the maintenance of all the City's current utilities, (sewer and water). He reviewed for the Council the services that he would provide and answered the Council's questions pertaining to that service. MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1984 page three . ATTORNEY'S REPORT CABALKA RESPONSE The Council considered a letter from William F. Kelly, attorney for Mr. James Cabalka requesting the right to retain, for his use, a 5,000 sq. ft. non-homestead lot that is contiguous with his homestead lot. He is selling his home and would like to retain the adjacent lot with dock for his own use. Shaw reviewed provisions of the Zoning Ordinance. Stover reviewed the intent of the Ordinance. Attorney Larson felt the "merger provision" within the Ordinance would prevail, thus treating this property as one (1) parcel. Planner Nielsen felt the dockage is in nonconformity. After further review of the Ordinance, the Council determined the current Zoning Ordinance does not allow for this use. Any further requests would have to be made by Mr. Cabalka. (Attorney Larson was excused at 10:20 P.M.) ENGINEER'S REPORTS Waterford Project #84-5 CHANGE ORDER NO.2 Engineer Norton recommended approval of additional perforated pipe installation in the amount of $5,600. Developer will be assessed for the additional costs. . Ga,gne moved, seconded by Haugen to approve Change Order No. 2 as submitted. Motion carried - 5 ayes. REQUEST FOR PAYMENTS: Valley Paving - Project #84-2 Engineer Norton recommended payment in the amount of $5,237.05 to Valley Paving for the street paving project. Gagne moved, seconded by Rascop to approve the payment. Motion carried - 5 ayes. Kenko Inc., - Project #84-5 Engineer Norton recommended payment in the amount of $162,171.63 for work completed in November for the Waterford underground project to Kenko, Inc. Haugen moved, seconded by Gagne to approve payment. Motion carried - 5 ayes. Wangerin, Inc. - Project #84-5G Engineer recommended payment to Wangerin, Inc. for work done at Waterford for grading, in the amount of $172,756.60. This amount does not cover any expenses relating to the installation of water. Gagne moved, seconded by Haugen to approve the payment request. Motion carried - 5 ayes. . Waterford Accident Engineer Norton reviewed for the Council the accident and location of the cave-in that occur~ed in reference to the Waterford project~ That accident buried two men, taking the life of one, Harland Hanson. MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1984 page four ~ COMPREHENSIVE PLAN - FORMAL ADOPTION RESOLUTION NO. 89-84 Council reviewed comments from Metro Council and the City's response to their questions. Gagne moved, seconded by Haugen to adopt the Comprehensive Plan by Resolution. Resolution passed by roll call vote - 5 ayes. ADMINISTRATOR'S REPORTS State Highway 7 Dnprovemerlt Plan Vogt met with MnDOT representative and related the negative responses of the residents affected by the proposed closing of highway crossings. MnDOT will close some crossings west of Excelsior. The Council does not have a preference to which crossing should be closed. Workman's Compensation Coverage Vogt questioned Council on the amount of coverage they wanted on themselves. Council directed Vogt to return with quotes on various limits of coverage. Street Lighting Request - Waterford Council reviewed a location map submitted by NSP for street lighting of Waterford. Engineer recommended additional or relocation of lights so to service the intersection of Fairview Terrace and Waterford Place. ~ Haugen moved, seconded by Gagne to approve the installation of lights as recommended by the Engineer (installation is at no cost to the City). Motion carried unanimously - 5 ayes. Water Truck Accident Vogt informed the Council of an accident with the City's water truck hitting a school bus. The accident was caused by a broken brake line. Howard Stark - Permanent Appointment Probation period of 6 months has been completed by Howard Stark of the Maintenance Department. Recommendation to appoint as a permanent employee has been made by Zdrazil and Vogt. Rascop moved, seconded by Gagne to appoint Mr. Stark as a permanent employee. Traffic Study Meetings Council discussed setting up meetings to inform the affected residents of the findings of the Traffic Study for the southeast corner of Shorewood: 1) Commercial property owners. 2) Shady Hills residents. 3) Ridge Road/Covington area residents. 4) Residents on Excelsior Blvd. . (These meetings will be set up in various locations and will be attended by various Councilmembers and staff). General Information Meeting - January 21, 1985 at City Hall. Public Hearing - January 28, 1985 - 7:45 PM - City Hall Council Chambers , . MINUTES REGULAR COUNCIL MEETING DECEMBER 10, 1984 page five Administrator's Report, continued: Munitech Contract Council reviewed the services within the contract. They discussed various options to best service the City residents and the savings that could be derived. Haugen moved, seconded by Gagne to remove Dan Randall from Sewer and Water Maintenance and returned to the Road Maintenance Department, and accept the Munitech Contract to be signed by the Administrator effective January 1, 1985. Motion carried unanimously - 5 ayes. MAYOR'S REPORT A request from Chief Young to have the Council review the Drug Ordinance proposal again. Council will be addressing soon. COUNCIL REPORTS Stover expressed concerns on departments of the City that have gone over their budgeted amounts for the year. Haugen reported on the AMM meetings . Gagne suggested the City obtain bids for 1985 for professional legal staff. Shaw moved, seconded by Gagne to instruct the Administrator to obtain proposals from various sources for 1985 legal services. Motion carried - 4 ayes, 1 abstain (Stover). APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne to adjourn the regular Council mBeting of December 10, 1984 at 12:47 A.M. subject to approval of payment of claims. Motion carried unanimously - 5 ayes. General Fund (Acct. #00166) Checks 29716 Liquor Fund (Acct. #00174) Checks 2779 Respectfully submitted, k~R~ Mayor Sandra L. Kennelly City Cle.rk .