Loading...
051286 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 12, 1986 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 at 7:30 PM, Monday, May 12, 1986, in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Council meeting with the Pledge of Allegi- ance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Haugen, Shaw and Gagne (Gagne arrived at 8:30 PM) Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly APPROVAL OF MINUTES Haugen moved, seconded by Stover, to approve the minutes of April 28, 1986, adding approval of the minutes of April 14, 1986, and minor corrections. Motion carried - 4 ayes (Gagne absent) MATTERS FROM THE FLOOR Christmas Lake/Mill Street Signage and Barricade Mike Pierro of 5880 Christmas Lake Road submitted a packet of past information and a petition opposing the Council's action regarding the signage and partial barricade at Mill Street and Christmas Lane. He reviewed the reasons for the installation of the barricade and the "no turn" signs, and submitted a pe-'- tition signed by area residents opposing the Council's recent action to remove the barricade and signs. Rascop read written comments from Police Chief Young. The signs at that location do not meet the Uniform Sign Manual requirement. The County did change locations and signs approximately six months ago in order to make the signs legally enforceable. The following residents spoke in favor of retaining current sign- age and barricade posts: Bruce Benson. Ron Pitts, Rod Peterson, Sue Benson and George Noren. Comments in support of re- moval of the signs and barricade came from Carol Watson represent- ing Helen Clarke of 6110 Mill Street, her driveway has become a turnaround area. Engineer Norton indicated that the width and the site distance cause problems along that road. Residents felt that nothing should be dOne until a direct connection from Highway 7 to Mill Street has been accomplished. -1- CITY COUNCIL MEETING MONDAY, MAY 12, 1986 page two . MATTERS FROM THE FLOOR - continued Christmas Lake/Mill Street Signage and Barricade - continued Administrator Vogt updated the Council on the Corridor Study procedure. There will be 2 public hearings held in June and tentively in July to receive additional public comments. Stover moved, seconded by Haugen, to delay the removal of the signs and barricade until the corridor study has been completed. Notification to be sent to the area residents when the issue is to be discussed at the meeting. Shaw offered and amendment to the motion to include "within 6 months of the receipt of the Corridor Study". The amendment was accepted. Motion carried- 4 ayes (Gagne absent). Birch Bluff Dock Request Howard Lerohl of 25585 Birch Bluff Road requested permission to install the dock on the "fire lane" at Birch Bluff Road and Eureka Road, as has been done in the past. Planner Nielsen indicated that the Zoning Ordinance adoption is scheduled for May 19 Council meeting. Rascop delayed the request until the 19th when the dock issue will be discussed in relation to the adoption of the final Zoning Ordinance. . PLANNING COMMISSION REPORT The Planning Commission handled 9 public hearings and 2 simple subdivisions. Stover will report on each item as the Council addresses them on the agenda. PARK COMMISSION REPORT . Commissioner Jakel recommended the appointment of Mark Laberee of 6180 Chaska Road to the Park Commission. Shaw moved, seconded by Haugen, to approve the appointment as re- commended. Motion carried - 4 ayes (Gagne absent). The Park Commission is looking into the installation of a warming house on the Manor Park location. Commissioner Jurgens and John Maddox of the football association presented a request to crown the Badger Park football field. This would require hauling in additional fill, regrading, seeding, rak- ing and fertilizing. Maddox felt the field could be in use within 5 weeks of completion. The work, other than the hauling of dirt, will be done by volunteers. An original estimated cost was $600. Jurgens felt the cost may exceed the estimate and would like the Council to authorize a larger expenditure from the Park Fund for this project. Shaw moved, seconded by Haugen, to authorize twice the amount of the original figure ($600), to be taken from the Park Fund. Motion carried - 4 ayes (Gagne absent). Attorney Froberg will check on insurance coverage for workers donating their time. -2- CITY COUNCIL MEETING MONDAY, MAY 12, 1986 page three . SIMPLE SUBDIVISION - 26675 Smithtown Road RESOLUTION NO. 37-86 Mr. Albert Hoops was present to make his request for a simple sub- division of his property into 2 lots. The Planning Commission approved the subdivision subject to the 4 conditions listed in the Planner's Report dated May 29, 1986. Shaw moved, seconded by Stover, to approve the simple subdivision as recommended by the Planning Commission and subject to the 4 Planner's recommendations. Approved by Roll Call Vote - 4 ayes (Gagne absent). SIMPLE SUBDIVISION - John Forss RESOLUTION NO. 44-86 Mr. Forss was present to request a simple lot division of his prop- erty located at 25380 Smithtown Road, into two separate parcels. Stover indicated that the Planning Commission did approve the division. Haugen moved, seconded by Shaw, to approve the division subject to the 6 Planner's recommendations in his staff report of May 2, 1986. Division approved by Roll Call Vote - 4 ayes (Gagne absent). (Gagne arrived at 8:30 PM) . SIMPLE SUBDIVISION-COMBINATION-SETBACK VARIANCE - Tom Martinetto RESOLUTION NO. 45-86 Mr. Martinetto made his request for a simple subdivision and com- bination of his property with the Jim Easter property, and a set- back variance of 11~' on the front of his property making a 18~' setback to his building line. Martinetto's property is located at 21055 Ivy Lane and Easter's property is at 4925 Ferncroft Drive. Stover reported that the Planning Commission approve his requests subject to the Planner's 4 recommendations. Engineer Norton recommended that the 1st floor of the building be located above the street elevation, and that any fill being added will not cause drainage problems on Lot 9. Haugen suggested that the Engineer and Planner review the building plans and return with the requested information at a later meeting. Rascop indicated that they were not approving the building plans with this request and the Engineer and Building Inspector will approve the plans when submitted. . Haugen moved, seconded by Shaw, to approve the simple subdivision- combination and 11~' front setback variance subject to the Plan- ner's 4 recommendations listed in his April 27th report. The Resolution was approved by Roll Call Vote - 5 ayes. -3- CITY COUNCIL MEETING MONDAY, MAY 12, 1986 page four . CONDITIONAL USE PERMIT Richard Phelps RESOLUTION NO. 46-86 Mr. Richard Phelps has requested a Conditional Use Permit to build garage space exceeding 1000 square feet at 27420 Blue Ridge Lane. The Planning Commission and Planner Nielsen recommend approval. Shaw moved, seconded by Stover, to approve the C.U.P. as requested. Resolution approved by Roll Call Vote - 5 ayes. CONDITIONAL USE PERMIT Greg Ahlm Mr. Ahlm of 23360 Academy Avenue requested a Conditional Use Permit for an addition onto his home. The house is non-conforming due to the current 8' front setback. The proposed addition will be located behind the required 30' setback thusly causing no expansion to the nonconformity. RESOLUTION NO. 47-86 The Planning Commission and Planner recommend approval. Haugen moved, seconded by Gagne, to approve the C.U.P. by Roll Call Vote - 5 ayes. . SETBACK VARIANCE John Gilbertson RESOLUTION NO. 48-86 Mr. Gilbertson has requested a side setback of 12~' and a front yard setback of 26~' in order to build a garage and utility room onto his existing home. His property is split by City boundary lines. His existing home lies in Excelsior and the proposed addition is located in Shorewood. The ,Planning Commission and Planner approve the granting of the setback variances that would be in compliance with the Excelsior setbacks. Stover moved, seconded by Gagne, to approve the setback variances due to the hardship of the city division line. Motion carried by Roll Call Vote - 5 ayes. . SETBACK VARIANCE REQUEST Jerry Brecke Mr. Brecke of 27450 Pine Bend was present to request 2 variances to build a garage at a 40' setback from the street and a deck (22' x 24') that would require a 10' rear yard setback. The Plan~ ning Commission and Planner recommended approval of the front yard setback at 40' due to the average setback of 29~' for the adjoining properties. They did recommend that he alter his plans for the deck to comply with the setback of the R-IAZone. 4- CITY COUNCIL MEETING MONDAY, MAY 12, 1986 page five . SETBACK VARIANCE REQUEST - Jerry Brecke - continued RESOLUTION NO. 49-86 Front Yard Setback Variance Haugen moved, Gagne seconded, to grant a front yard setback variance of 10' for the construction of Mr. Breckes garage. Motion carried by Roll Call Vote - 5 ayes. Rear Yard Setback Variance RESOLUTION NO. 50-86 Haugen moved, seconded by Gagne, to grant a 5' rear yard setback to construct a 17' x 24' deck to accomplish a safe deck width. Motion carried by Roll Call Vote - 4 ayes - 1 nay (Rascop). RESOLUTION NO. 51-86 NEAR MOUNTAIN FINAL PLAT APPROVAL Planner Nielsen recommended final plat approval subject to the following conditions: 2. . 3. 4. 5. 6. 7. 8. 1. The developer must address sewer s.ervice for Lots 1 - 5, Block 1, Sweetwater. They must either obtain MWCC approval for a direct connection to the Metro line or install a parallel lateral. Compaction tests will be required for all lots where subgrade correction is required. The development agreement must be modified to require turn- around driveways for Lots 1 - 5, Block 1, Sweetwater. Drainage easements, based on the 100 year flood level, must be provided over all ponding areas. Utility plans and specifications will be subject to review and approval by the City Engineer. The declaration of covenants and restrictions will be subject to review and approval by the City Attorney. The developer must submit a quit-claim deed for the park easement over the Bruce property. The plats are subject to review and approval by the Purgatory Creek Watershed District. 9. Park dedication fees must be paid prior to release of the final plat. Gagne moved, seconded by Haugen, to approve the final plat subject to the Planner 's 9moI1ditions in addition to obtaining the financial security (in lieu of bonding). Plat approved by Roll Call Vote - 5 ayes. . -5- CITY COUNCIL MINUTES MONDAY, MAY 12, 1986 page six . ATTORNEY'S REPORT Christmas Lake Access Attorney Froberg updated the status of the access property. The closing was held at Title Insurance Company today. He will review all documents to make sure they are in compliance with Council approvals. The DNR has received a contract for $54,000 for the improvements to the access. Rascop suggested that Froberg's expenses ($600) regarding the access be submitted to the Christmas Lake Association for payment. Shaw did not feel that the Association should have to pay their Attorney's bills and the City's Attorney bills. Haugen felt it could be an extensive burden on a few of the City's tax payers. The Council agreed not to submit Froberg's costs to the Association. ENGINEER'S REPORT . Badger Watermain Bid Bids were received at 11:30 AM on May 12, 1986. Norton read his recommendation to reject the bids and to include the Badger water- main in a new bidding along with the Waterford and Shorewood Oaks improvements. Stover moved, seconded by Gagne, to accept the Engineer's recom- mendation and reject the bid submitted. Motion carried - 5 ayes. 1986 Street Replacement and Sealcoating Project Engineer Norton submitted a cost list of priority street replace- ment. He recommended #1, 2, and 7, with 8 (sealcoating reduced to $50.000). The total cost of these items are $232,000. The budgeted amount is $250.000. Rascop moved, seconded by Haugen, to accept the Engineer's recommendations for the 1986 street project. Motion carried _ 5 ayes. Norton will return with itemized sealcoating recommendations. ADMINISTRATOR'S REPORT Corridor Study Administrator Vogt attended another corridor study meeting. Alternative highway plans will be submitted to the cities to prioritiZ3e~th:e various plans. . Purchase of Property RESOLUTION NO. 52-86 5795 Country Club Road Council had authorized the Administrator to obtain an agreement regarding the sale of the home at 5795 Country Club Road for City use, at cost of $124.000, the exact figure will be determined on the closing date set for June 2, 1986. -6- ~ ~ ~ CITY COUNCIL MINUTES MONDAY, MAY 12, 1986 page seven ADMINISTRATOR'S REPORT - continued Purchase of House by City - continued Area residents expressed their concerns and disagreement with the City's purchase and use of this residential home. Questions con- cerns came from: Bill Wrede, Joanne Carroll, Kermit Flesness, Mr. and Mrs. Royce and others. They questioned the proposed uses, zoning, changes to the interior and exterior appearances, garage use, possible traffic conjestion, etc. Ms. Carroll asked what the City's long range plans were and if this building would be used to house a police department. Council indicated that there were no overall plans in effect at the present time and there should be. Stover stated that this is one of the goals of the Finance Committee. She also felt that even though there was no overall plan in effect, that opportunity for purchase may not always be there. The office space is becom- ing overcrowded and this building would provide for additional space when needed. Rascop had considered the possibility of housing a police department at sometime. All the residents present were in strong opposition to the use of the home as a police de- partment. Stover moved, Gagne seconded, to direct the Attorney to draw a Resolution authorizing the Mayor to sign a purchase agreement on this property. Motion to adopt the Resolution was accepted - 4 ayes to 1 abstain (Rascop). Staff clarified for the audience that the Council approved the purchase of the property at this time, not the use. A public hearing could be held when the use is determined. The zoning does not have to be changed in order to use as a governmental facility. RESOLUTION NO. 54-86 Support Hiring of Consultant John Boland (MDIF) Administrator Vogt explained the need to get the MDIF to change the estimates of population for Shorewood and various other cities in the area. The hiring of a joint Consultant, John Boland and Associates, had been proposed at a cost of $500 - $1,000 for Shorewood. They would then procede to work with the Met Council to make changes in projections. Shaw moved, Gagne seconded, to support the south west group in acquiring changes. Motion carried by Roll Call Vote - 5 ayes. Vogt to return with proposed budget amendments. Covington/Vine/Ridge Reduction of Letter of Credit A request from the developer of Covington/Vine/Ridge has been made to reduce the letter of credit. The staff has reviewed and recommended approval of the reduction of $136,710 for work already completed. RESOLUTION NO. 53-86 -7- CITY COUNCIL MINUTES MONDAY, MAY 12, 1986 page eight ~ ADMINISTRATOR'S REPORT - continued Covington/Vine/Ridge Letter of Credit Reduction - continued Gagne moved, Haugen seconded, to approve the reduction of the letter of credit for Covington/Vine/Ridge as recommended by staff. Resolution approved by Roll Call Vote - 5 ayes. Job Description Review Council will meet at 7:30 PM on May 13, 1986 to review staff job descriptions. MAYOR'S REPORTS Police Department Request Members of the Police Department have requested that the union include a security clause in their contract that would require that hiring for a new department would be based upon seniority first. Attorney Froberg indicated that this is a personnel issue and doesn't have to be discussed at an open meeting. Administrator Vogt would like to review the contract changes. . Request for Handicap Sign Posting Mike Pierro requested a designated area on be posted for handicap parking to enable a his family access to the lake. Shaw move, Haugen seconded, to approve the posting for handicap area only, all other areas to be posted "No Parking". Motion carried by Roll Call Vote - 5 ayes. RESOLUTION NO. 55-86 Christmas Lake Road handicapped member of COUNCIL REPORTS League of Minnesota Cities Conference Gagne moved, Stover seconded, to authorize Haugen to attend the conference on June 17 - 20, 1986. Motion carried. . Police Department District Proposal Stover presented a plan to establish a Police District similar to a school district. A Board of 5 to 7 people would be elected at large and would control and budget the police for the 4 cities. Attorney Froberg indicated some of the legal factors that would have to take place in order to establish this district and obtain authority to levy taxes. Stover would like the support of the Council, to explain her pro- posal to the other City Councils and residents to determine if this is something the area residents may be interested in doing. Rascop would like to see this proposal in writing for further review. -8- . . . CITY COUNCIL MEETING MONDAY, MAY 12, 1986 page nine APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Stover, to adjourn the regular Council meeting of May 12, 1986 at 11:08 PM subject to approval of the claims. Motion carried - 5 ayes. General Fund - Acct #00-00166-02 f Checks # 32002 - 32047 Checks #200279 - 200292 == Liquor Fund - Acct #00-00174-02 Checks # 4594 - : 4614 Checks #200293 - 200305 RESPECTFULLY SUBMITTED Sandra L. Kennelly City Clerk SLK: sn -9- $ 54,969.52 7,979.34 $ 62,948.86 $ 31,513.03 2,501.54 $ 34,014.57 Mayor Rascop