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011287 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 12, 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order at 7:30 P.M. Monday, January 12, 1987 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council Meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmember Haugen, Stover, Gagne and Brancel. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES . Joint Council Meeting Gagne moved, seconded by Haugen, to approve the minutes of the December 8, 1986 Joint Council Meeting with Excelsior and Shorewood Councils, as written. Motion carried - 5 ayes. Regular Council Meeting Gagne moved, seconded by Haugen, to approve the minutes of the Regular Council Meeting of December 8, 1986 as corrected on pages 2 and 4. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover reported on the January 6, 1987 Planning Commission meeting reviewing the Albrecht sub-division and the Norenberg variance requests. They recommended appointment of Vern Watten for Chair- man and Janet Leslie for Vice Chair for 1987. They have also re- quested that the corridor study information be presented at their January 20, 1987 meeting. PARK COMMISSION REPORT Gordy Lindstrom indicated that the Commission would like approval of Marty Jakel as this years Chair and Ken Vogel as Vice Chair. They reviewed and listed their priority projects for 1987: . -Manor Park Warming House/Pavilion -Crescent Beach Dock -Ski Trails for Freeman Park -Grading of Silverwood Park -Added Picnic Tables at all Parks -Completion of Badger Football Field -Completion of Outfield at Manor Park Administrator Vogt presented budget requests needing Council approval. -1- COUNCIL MINUTES MONDAY, JANUARY 12, 1987 page two . PARK COMMISSION REPORT - cont. Gagne moved, seconded by Stover, to approve the purchase of a park snowblower. Motion carried - 5 ayes. Gagne moved, seconded by Stover, to increase the rink attendant salary for Martey Jakel to $5.00 an hour for additional duties performed. Motion carried - 5 ayes. CONSENT AGENDA - Items Approved Covington vine Ridge - Letter of Credit Reduction RESOLUTION NO. 1-87 A request has been received from United Mortgage to reduce the Letter of Credit on Covington vine Ridge Project. Staff has reviewed and recommended approval of the reduction to $29,000, 150% of the balance of the road to be completed. . Garbage Collectors Licenses RESOLUTION NO. 2-87 Administrator Vogt submitted a new application from the garbage collectors for 1987: -Browning-Ferris Industries of Minnesota Inc. -Crosstown Sanitation -Gopher State Trucking -Quality Waste Control -R & W Sanitation -Waste Management -Westonka Sanitation Approval of Payment Voucher #1 - Project No. 86-1E Engineer Norton recommended approval of payment in the amount of $13,300.48 to Widmer Inc. for work completed on Project No. 86-1E. Cigarette License Approvals RESOLUTION NO. 3-87 been received for the 1987 . The following applications have Cigarette Licenses: -American Legion Post #259 -Country Kitchen -Driskills Super Valu -Howards Point Marina -ICO -Minnetonka Country Club -Plaza Tom Thumb -Snyder Drug -Skipperette -Arnolds Hamburger Haugen moved, seconded by Gagne, to approve the above listed items as requested. Motion and Resolution approved by Roll Call Vote - 5 ayes. -2- COUNCIL MINUTES MONDAY, JANUARY 12, 1987 page three . CHRISTMAS LAKE ROAD/CHRISTMAS LANE DEAD END PROPOSAL Bruce Benson requested a delay in this decision until later on the agenda in order for other residents to be present. REQUEST FOR RECONSIDERATION OF STREET VACATION (SUNRISE LANE) Jack Swedlund was present to request an exchange of property with the City at the end of Ferncroft Drive, referred to as Sunrise Lane. He would like to exchange the 33' fire lane for the 40' immediately south of that fire lane. Stover indicated that the current access is being used by the area children for access to Lake Williams, she also questioned whether the topography of that lot was as desirable as the current access. Swedlund stated that the current path being used is on the lot to the south and not on the fire lane. Attorney Froberg explained the necessary steps to be followed if the Council chose to approve the request. Council would like to review this site before acting on this request. Mr. Swedlund has agreed to stake the lots to be exchanged and the proposed new subdivision lot lines. SIMPLE SUBDIVISION - DAVID ALBRECHT RESOLUTION NO. 4-87 . Planner Nielsen recommended approval of the simple subdivision of this lot into two lots meeting the zoning ordinance requirements. Norton requested a 20' temporary easement for one (1) year for the purpose of drainage clean out. Gagne moved, seconded by Stover, to approve the subdivision subject to the 20' temporary easement and the planners six (6) recommendation listed in his 12/30/86 staff report. Motion carried by Roll Call Vote - 5 ayes. . CHRISTMAS LAKE ROAD/LANE - DEAD END ROAD PROPOSAL Councilmember Haugen opened the discussion by requesting Engineer Norton to review past traffic studies done on Christmas Lake Road. Norton felt the 1972 report was too old to be reflective, 1976 did not include Christmas Lane and Mill Street and the current MnDOT study does not address the issue of turning movements. Rascop then opened the discussion to the audience with 2 minute time limits until everyone has had a chance to speak at least once. Bruce Benson of 5820 Christmas Lake Road requested additional time as spokesman for the Christmas Lake group. Rascop reviewed the petition received at the December 8, 1986 Council meeting requesting the culdesacing of Christmas Lake Road at 21355 Christmas Lane. This petition was signed by 100% of the resi- dents on Christmas Lake Road and Lane. Benson referred to the staff report that listed various concerns raised by the creation of this culdesac and responded to each item. He referenced existing culdesac, Woodside Road. He submitted pic- tures of a "crash gate" existing in Amesbury and stated that the Police Department letter of opposition was referring to a different type of gate. -3- . . . COUNCIL MINUTES MONDAY, JANUARY 12, 1987 page four CHRISTMAS LAKE ROAD/LANE - DEAD END PROPOSAL - cont. He felt the water supply for fire protection could come from Christmas Lake instead of fire hydrants in the area. The City of Minnetonka stated that a culdesac has less crime occurances. He did not feel the added time or expenses to the City for plowing or the post office was irrelevant. The change of bus stops to the end of Christmas Lake Road or Mill Street will not be a problem if the traffic hazard is eliminated. The audience then presented their views. Cindy Studer of 2nd Avenue, Excelsior questioned the reason for the culdesac proposal. Council referred to the petition submitted due to the residents concerns of too much traffic flow on this road. She feels the flow of traffic will be redirected onto 2nd and 3rd Avenues, causing a traffic problem there instead. Mary Simcox of 6180 Mill Street feels the road should be improved to 20' wide and continue to be used. Marc Simcox of Lilac Lane felt additional facts should be obtained prior to any decisions being made. Mikepeirro responded to Mrs. Studer's question and reviewed the history of past traffic studies and the resulting installation of posts and no turning signs at Mill Street and Christmas Lake Road. Carolyn Squires did not feel the culdesacing of this street was an attempt to close or create a private street. Betty Christensen of Brand Circle does not feel there is a traffic problem currently and sees no need to culdesac the streets. Carol Watson spoke for her mother, Mrs. Clark of 6110 Mill Street. This resident receives a great deal of turn around traffic created by the no turning signs in order to make legal turns. She does not feel this culdesac is beneficial to those on Brand Circle. She spoke in support of the patrolling done by the police department. Carol Ann MacKay of 5925 Christmas Lake Road commented on the road requirement and the cost of upgrading the street to 24' if it was reopened to allow Mill Street traffic to get to Highway 7. The question of the cost of the culdesac was asked. The cost of this improvement will be covered by the Christmas Lake petitioners, do- nated land and improvement costs. Ann Hillius of 5885 Christmas Lake Road felt street lights were needed to make the streets safer. Sue Benson has lived on this street many years and feel the police enforcement of speeding has been adequate. Richard Dyer of Brand Circle told the Council of a school project done by his daughter indicating that 72% of the car turning on Christmas Lane either turned around illegally or did a U-turn in Mrs. Clarks driveway in order to turn legally. This has been a continuing problem since he's owned his home. -4- }It/E' . ,.. 'r' LJlE llltj) Ef~516tt;=.r)J 1/i!E: (:;c}N (:ex/v'$'t:) -TIf}Jl' 1/-/-t: f2E ..Cltl<.'t~51}YJ rl~~K'.i:/(6Ij [; ../'/lhl-, r;>'1llf.;~ Tl, A ~F'i FIR.' 8j EI~/.5 !lU (2t/kf!f.!:dI)fl'tl/AtAf\~f\,_., ;jr'l,,_c1J .. '.. A1,",.J.~f&-r-' 7.... u.j').~ .z,l/tC.~.1 11... !-L..... tmI~ /' /' ,-v' ' f \jtA. . ./1\J ~'. ......... "'0. ,l,.: ~ CC:.'. S -Ho........ k ,~."i. ~ti~ .,{,r'\../.. '-.I.O?...'.2. '.' ':~.., " l~Ve- / ~. : .,,' . ,", 2 - ,...( i { ,,)";(Ult!" ,~" . ,Q.IJ..-L '7 (j c/ 2,tAJ.) ;l\V~ ~. 1.?Ii.'t..'i~'" ." Jj,......,.'.'./.~.....'.';d;..~ ....647 ;:lnJ....ll'}. l/f I,ti ~/ / l; 'Z'~' ,{ ~ "1- 't-' . '.,' -/' j I">" ,;- ,,"~ .,~' ,,",' Z!i,"-~4~~1' 7cf~ ~p~~~. ;;J..c@ivr G' c1Ia}cQJ.(1 7 ('/0u.'vt Ituf' . . J ~9"~' '.' '7u8'~ /r\cllJ'", i ! ". L., '('1. . .. c: '-W 7 ". <--. ' l',',t' . cL(C.fC11'1 ' ,. \ ! . J) -, /; ;J --' ~ j /" ________ /-/"i i~ /"'v ., 'I 1/2 ,____""' I.) 1..) . 4 ]... . 1/ 7 :r" ?") II c{Ft~ce.- ~(f/n",(uttv . L')<..,(/)~ cp ~ C- /;;7) ./ A'\ / ,.' If Z~l t1!./~ ;~A>1. // ~Jtl'r . ;lAn -~ 11..~Jt ~ 0VI~l~')\7.,..~.'-' 1/ lVl '.I () O.J\M.A,~ l, ~ 3"30 D V lS i~ f;"T, /1.... 'fo!~ ("'Ih;;,,. Aou s:?~ J' ~ /.,,).';: .k.J! q+c · ~~-~~~~:~ - ("" ~ f1 ,', A 6'f'/ <9.'/ 4.-e c ".~~ ,\J~ 7 () \:9~ ~~, ;,.- :'~ 70 f 2"") AlA- . j COUNCIL MINUTES MONDAY, JANUARY 12, 1987 page five . CHRISTMAS LAKE ROAD/LANE - DEAD END PROPOSAL - cont. Bob Fayfield feels the proposed up grade of Highway 7 and the inter- section at Christmas Lake Road will only cause additional funneling of traffic from Mill Street to Highway 7, and it should not be through Christmas Lake Road. Ted Williams of 6065 Mill Street stated his opposition to the culde- sacing stating concerns for emergency vehicles being able to save time by the use of familiar thru street. He doesn't want the road opened completely because it happens to be one of the only roads his wife can go in her electric wheel chair. Council discussed the proposal and various other alternatives. Engineer Norton felt the problem was getting the traffic to Highway 7, this should include input from MnDOT. The traffic problem is not Shorewood's alone nor is it created by only Shorewood. Stover feels the long culdesac is better than a local street being used as a collector street. The problem was referred to as a "Catch 22" situation by Steven Pahl. He feels experimentation should be used until a solution can be found. Mr. Pierro feels the culdesac is the best solution to the problem. After lengthy discussion Stover moved, seconded by Gagne, to direct the Engineer to order a traffic study for Christmas Lake Road and Lane, both north and south ends, and to estimate a cost for the up- grading of Christmas Lake Road, to be returned for the February 23rd Council Meeting, Motion carried - 5 ayes. . Council Break 9:27 - 9:40 SETBACK VARIANCE - 27470 PINE BEND RESOLUTION NO. 5-87 A request to add onto the existing house, which is currently 19' from the road right of way, will require a variance to expand. Stover moved, seconded by Gagne, to approve the variance in accordance with the planner's recommendations stating the lot configu~ation a hardship. Motion carried by Roll Call Vote - 5 ayes. . REQUEST FOR HOUSE MOVING PERMIT A request for a house moving permit was requested by James Funk of Sungold Homes. He would like to move a 28 x 52 manufactured home onto a lot at 6115 Riviera Lane. Council questioned if the Engineer has reviewed the route of travel for the home. He just received the request and has not approved the route at this time. Mr. Funk felt that there were no problems with the proposed route. Nielsen explained that the home exceeds the codes of the manufac- tured homes as set up by legislature and that is all that has to be enforced besides the requirements allowed to be added by the City. The home will meet the City requirements by constructing a permanent concrete foundation and asphalt shingles. Haugen explained the legislature action allowing manufactured homes in all cities. Attorney Froberg referenced state statue #327.32 regulating manufac- tured homes. -5- COUNCIL MINUTES MONDAY, JANUARY 12, 1987 page six . REQUEST FOR HOUSE MOVING PERMIT - cont. Erik Jacobsen of 6065 Riviera Lane expressed his concerns that the quality of these homes could go down if the rest of this subdivision is allowed to install more mobile homes. Rascop responded with the requirement of the current Ordinance as the cities only control. Steve Pahl stated that the current driveway for this property goes over a corner of his lot. Mr. Funk indicated that would be corrected. Bob Fisk discussed the possibility of imposing standards on the sub- division, "restrictive covenants". This would have to be placed on the subdivision by the developer, and the owners. The City cannot require that or impose it at this time. Haugen moved to approve the moving permit subject to receiving approvals of the route from the Planning Commission, Police Department and the City Engineer. Motion died for lack of second. Stover moved, seconded by Haugen, to return the request to the Council meeting of January 26 in order to obtain recommendations from the Planning Commission, Police and Engineer. Motion carried - 5 ayes. Hazel Boote of Yellowstone questioned why the foundation was already in. Nielsen indicated that no permit had been obtained, the work was stopped when discovered and a double fee will be charged. . WATERFORD 2ND ADDITION - BUILDING PERMIT APPROVAL Robert Mason has requested a building permit for a model home in the unplatted Waterford 2nd Addition. Gagne moved, seconded by Haugen, to approve the request for one model home to be unoccupied until all utilities are installed. Motion carried - 5 ayes. WATER TOWER SITE DISCUSSION Attorney Froberg was informed by Mr. Ken Cook of the State Highway Department, that the Federal approval has been obtained to dispose of the easement needed for the Water Tower Site. State approvals could come next week but the appraisers are back logged and it may take two (2) months to complete the appraisal. It could take six (6) months to complete the title transfer. Gagne questioned the purchase of property from Robert Mason instead if the appraisal comes in too high. Rascop spoke to Mr. Mason and he is not interested in having the tower located on his property. 1987 CITY APPOINTMENTS Refer to insert: Haugen moved, seconded by Stover, to adopt the 1987 appointments as listed in the Resolution, by Roll Call Vote - 5 ayes. RESOLUTION NO. 6-87 .. -6- COUNCIL MINUTES MONDAY, JANUARY 12, 1987 page seven . PLANNERS REPORT Status Report on City Hall/Badger Park Project Planner Nielsen informed the Council that the Public Hearing on the proposal for the City Hall/Badger Park Area Project will be held by the Planning Commission on January 20, 1987. Resident Joanne Carroll requested that the Public Hearing be rescheduled for one (1) month because of some residents not being able to attend this hearing. Council directed the hearing to be continued to the February 3, 1987 meeting, also Carroll questioned why the Council has already been presented with a plan prior to the public hearing. Nielsen explained that this was a Comprehensive Plan for the entire Badger Park/City Hall area and not interior plans for the house property. The plans were reviewed by the Council for a concept approval. Bill Wrede voiced a complaint on the drainage ditch around the city property. He would like it cleaned out or a culvert installed. He also complained about a parking problemin.his neighborhood. This will be referred to the Police Department. Corridor Study A draft for discussion will be submitted for review at the January 26 Council Meeting. Recommendations on alternative plans will be forwarded to MnDOT. . Planning Commission Vacancy The Council will meet on January 26 at 6:30 P.M. to interview applicants for the Planning Commission. ATTORNEYS REPORT An Executive Session was called to discuss condemnation proceedings for the drainage proposal on Eureka Road. Froberg also informed them of a lawsuit filed by the American Druggists Insurance Company Versus The City of Shorewood et al (Bonding company/City Hall construction). ADMINISTRATIVE REPORTS Union Update Meetings have been held and have been scheduled into March. The negotiations are proceeding, but proceeding slowly. NBA Name Recommendation Haugen moved, seconded by Stover, to support the suggested name for a tentative NBA Minnesota team to be called Timber Wolves. Motion carried - 5 ayes. . MAYORS REPORT Elected Officials Conference The newly elected officials conference will be held on January 31, 1987. LMCD The LMCD is getting no support from other organizations regarding supporting their legislative proposals at this time. -7- . . ,'. COUNCIL MINUTES MONDAY, JANUARY 12, 1987 page eight COUNCIL REPORTS Juvenile Curfew Ordinance ORDINANCE NO. 193 Stover moved, seconded by Rascop, to reconsider the denial of the curfew ordinance. Motion carried - 4 ayes to accept the reconsideration. 1 nay (Haugen). Gagne moved, seconded by Stover, to adopt the Ordinance as drawn omitting "unlawful gathering" from sections 6061 & 6062. Ordinance adopted by Roll Call Vote - 4 ayes to 1 nay (Haugen). Police Building Consideration Gagne inquired if the Police Department was considering moving from their present facility. Rascop indicated that they would be looking at various options this year. APPROVAL OF CLAIM AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the January 12, 1987 Council Meeting subject to approval of claims at 12:23 A.M., January 13, 1987. Motion carried unanimously - 5 ayes. General and Liquor Funds - 00-00166-02 #32934 - 32936 #32955 - 33000 #05001 - 050038 (General) (Liquor) = $ 1,735.27 = $11,980.91 $35,074.10 = $33,508.43 $ 9,500.28 $47,224.61 $44,574.38 Payroll Check List #200915 - 200947 = $ 9,253.84 $ 2,907.88 $47,482.26 Grand Total = $56,478.45 RESPECTFULLY SUBMITTED, ~u/.J /P~ Sandra L. Kennelly City Clerk Mayor Rascop -8-