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051181 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 11, 1981 Page 1. of ~ COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. - MINUTES .~ CALL TO ORDER: The last regular meeting of the Shorewood City Council was called to order by Mayor Baird on Monday, May 11, 1981 at 7:38 P.M. in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER: Meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor John Baird, Jan Haugen, Tad Shaw, Al Leonardo, and Bob Rascop. Staff: Attorney Gary Larson, Engineer Jim Norton, and Clerk Elsa Wiltsey The Mayor recognized the presence of approximately 30 students from the American Goverrunent class of Mr. Svoboda at Minnetonka West Junior High. e APPROVAL OF MINUTES: Ivbved by Haugen, seconded by Rascop, to approve the Council minutes of April 27, 1981 as submitted. Motion carried unanimously. Ivbved by Leonardo, seconded by Rascop, to approve the minutes of the joint continued Council-Planning Corrmission meeting of April 21 as submitted. Moved by Haugen, seconded by Shaw, to approve the minutes of the joint adjourned meeting of April 28 as submitted. Motion carried unanimously. PROPERTY DIVISION - 4885 Suburban Drive P.I.D. No. 25-117-23-23-0017 RESOLUTION NO. 15-81 Ivbved by Shaw, seconded by Haugen, to approve the division of a parcel - Property Identification No. 25-117-23-23-0017 - into two parcels, Lots 25 and 26, Block 2, Minnetonka Manor, as originally platted, subject to any applicable charges. Motion carried unanimously. BUILDING PERMIT: Garage Setback Variance 5865 Strawberry Lane Lot 2, Block 1, Pebblebrook Addition Plans were submitted by Allen Johnson of 5865 Strawberry Lane requesting a building permit for a garage m.ich would require a front setback variance from Strawberry Lane - to 46 feet. Ivbved by Haugen, seconded by Shaw, to approve the setback to 46 feet in accor- dance with the plot plan and building plans submitted. Ivbtion carried unanimously. . CITY OF SHORFlroD REGULAR COUNCIL MEErING MONDAY, MAY 11, 1981 Page 2 of ~ . BUILDING PERMIT: Garage Setback Variance 20780 Radisson Entrance North Part of Lot 21, Radisson Inn Addition An application was received from Gary Jordan, owner of property at 20780 Radisson Entrance, for a building permit for a basement level garage which would bring the garage to within 25 feet of Radisson Entrance. Due to the configuration of the lot, it could be detennined that the garage would be facing the side yard lot line. Ivbved by Leonardo, seconded by Haugen, to approve the permit on the following conditions: 1. that Radisson Entrance be established as the side yard of the property (requires 10-foot setback); 2. that a variance to the rear yard setback be granted - to 40 feet; 3. that approval from Paul Seifert(resident of 5515 Radisson Entrance) be received in writing; 4. that a full set of plans be provided to the City drawn to quality of a draftsman to include a plot plan and building plans. On roll call vote, the motion carried 4 to 1. Voting aye: Baird, Haugen, Shaw, and Leonardo. Voting nay: Rascop. e ATTORNEY'S REPORT: Attorney Larson informed the Council that on the morning of April 28th, the blacktopping with the rolled bittnninous curb was being installed at Wild Duck 3rd Addition and stated that Mr. Dutcher had been notified of the Council's action requiring concrete curb and gutter in Wild Duck 3rd Addition pursuant to Section VIII B7, 2nd paragraph of Sulxlivision Ordinance No. 79. . After a motion to table discussion on the matter for two weeks failed, a lengthy discussion followed between the developer, Lowe and Dutcher, and the Council. The City Engineer explained that the developers had agreed to install a two-layer bittnninous roadway rather than the one layer required in the ordinance. The developers maintained that municipal water was not provided by the City in December as stated in the contract so installation of concrete curb and gutter was not applicable to them. Due to the discussion that transpired and the attorney's opinion, Haugen made a motion to reconsider the vote of the last meeting of April 27 relative to the Council action on "Wild Duck 3rd Addition" on the recornnendations made by the staff. Leonardo seconded. On vote, there were 4 ayes; Shaw abstained. Shaw then moved, seconded by Haugen, that items 1 (City to pay for oversizing) and 2 (contractor to extend pipe to west property line) of the recornnendation be approved. Motion carried unanimously. Based on an interpretation of the ordinance that the development is not served by a municipal water system, Leonardo moved to accept the staff recommendation No. 3 that developer be allowed to install rolled asphalt curb. On roll call vote, motion carried on a 3 to 2 vote. Leonardo, Baird, Haugen -aye; Shaw and Rascop - nay. CITY OF SHOREWOOD REGULAR COUNCIL MEErING MONDAY, May 11, 1981 Page 1 of ~ e APPLICATION TO ME'IRO SEWER CONNECTION: (Amendment to Resolution No. ltr-8l) 23620-22 Smithtown Road. RESOLUTION NO. 16-81 Motioned by Rascop, seconded by Shaw, to reconsider the resolution (No. ltr-8l) adopted at the. last meeting of April relative to Metro sewer comection pennit. Motion carried. Motioned by Rascop, seconded by Mayor Baird, to approve a resolution to apply to the Metro Waste Control to permit the City to make a cormection into the metro line for service to the house at 23620-22 Smithtown Road (delete provi- sion for water). Motion carried unanimously. - ENGINEER'S REPORT: Tanka Bay Temporary Water Cohnection: Engineer Norton reported that he had discussed making a temporary comection to the Tanka Bay line for flushing the lines from Badger Well to Wild Duck 3rd Addition and possible temporary water supply until the pumphouse is com- pleted. He is to appear at the Tanka Bay City Council on Tuesday along with Councilmembers Bob Rascop and Jan Haugen to request approval by Tanka Bay. Payment.. Approval. -. Boulder. Bridge.. Contract: MJved by Rascop, seconded by Haugen, to approve payment of Voucher No.2 to Mac-In-Eri1y., Inc. for $7,149.75 on Project No. 80 WTP-2 as recorrmended by the engineer. Motion carried unanimously. Moved by Haugen, seconded by Rascop, to approve payment of Voucher No.1 to Widmer Brothers for $98,178.02 on Project No. 80-2 as recomnended by the engineer. Motion carried unanimously. Near Mountain Development Status: Peter Pflaum and Mike Pflaum and their attorney appeared before the Council to bring the Council up to date on the proposed development in Chanhassen and Shorewood. Acknowledged receipt of a memo dated May 7 from Plamer Brad Nielsen along with a sUl1IIlary of the sequence of Council actions relative to Near Mountain. In reviewal of the previous Council actions, it was the opinion of the staff that the COlmcil had approved extension of time for filing the final plan (not the final plat). Shaw moved, Haugen seconded, as members of the fonner Council, to approve the staff interpretation that the Council did grant extension of one year to June 30, 1981 to file the final plan for the Near Mountain Development. Motion carried unanimously. The Council advised the developer to proceed to file the final plan by the end of June, in accordance with the recomnendations of the Plamer. . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, May 11, 1981 Page 4 of ~ . COUNCIL REPORT: Mayor Baird reported that Excelsior had decided against participating in the establishment of a Community Services Program under the direction of the police with costs to be shared by the Cities. The Mayor announced he would be attending the Excelsior Council meeting to explain the program. PlANNINGCG1MISSION: Discussed the Planning Corrmission' s problems in trying to make a recarmendation on a water policy. Suggestions were made to get further input from the citizen's before spending anymore money on Engineer's Reports. Haugen agreed to check with the University and the League of Minnesota Cities as to getting services of a statistician. PARK COMMISSION: Moved by Shaw, seconded by Haugen, to approve the Park Corrmission By-Laws as prepared by the Park Corrmission subject to deletions of the amendments already covered in Ordinance No. 102. Moved by Rascop, seconded by Shaw, to approve the recornnendation of the Park Coomission to approve the sale of advertising on the ball field for one season - 1981. On roll call vote, the motion carried. Haugen voted nay. e APPROVAL OF CLAIMS AND ADJOURNMENT: Moved by Haugen, seconded by Shaw, to approve . the claims for payment to be followed by adjournment. Motion carried unanimously. General Fund (00166) Liquor Fund (00174) Cks #23851 - 23920) Cks # 7690 - 7748) $ 336,431.14 46,598.62 $ 383,029.76 Respectfully submitted, ~~1r~~~ Elsa Wiltsey, Cl~ .