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042682 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 26, 1982 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 by Mayor,Rascop at 7:35 P.M. on Monday, April 26, 1982 in the Council Chambers. PLEDGE OF ALLEGIANCE & PRAYER The meeting opened with the Pledge of Allegiance and a prayer. ROLL CALL: Present: Mayor Rascop, Councilpersons Haugen, Shaw, Leonardo and Gagne. Staff: Attorney Larson, Engineer Norton, Administrator Uhrhammer, and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Shaw, to approve the minutes of April 12, 1982 with the correction under: Rezoning Vine Hill Floral Property: Resolution No. 40-82 - Motion to read: Moved by Haugen, seconded by Gagne to instruct Attorney Larson to draw an Ordinance to amend Zoning Ordinance #77 to include the entire parcel (Identified as 25-117-23-41-0010) in the C-3 4It Zone. Motion carried unanimously. MATTERS FROM THE FLOOR DOG COMPLAINT Joseph Nesser, 20060 Vine Street, was present to complain about the Itrunning dogs" in his neighborhood. He requested that more patroling be done in this area. Council instructed him' to follow all channels available to him to alleviate this problem. DEIKEL DIVISION REQUEST Proposal for a simple division of the property located at 27940 Smithtown Road was presented by Council member Haugen for Mr. Theodore Deikel, owner. Moved by Rascop, seconded by Gagne to refer this matter to the Planning Commission for recommendation. ~ MINNETONKA MOORING - Fill Permit Engineer Norton read a letter dated April 22, 1982 from Orr-Schelen- Mayeron Inc., to Mr. Cross, regarding ,his interpretation of the location of the designated wetlands. Mr. Cross was present and did not agree with the engineer's interpretation but was willing to take engineer's recommendation and discontinue filling approximately 40' back from the original filling permit request. Gagne moved, seconded by Shaw, to re-issue a corrected fill permit and revoke the Resolution to rescind the original permit. Motion carried unanimously. Regular Council Meeting - 2 - April 26, 1982 SWIMMING POOL PERMIT - Rudd -DiRocco ~ Application was submitted to request permission to install a swimming pool and fencing to be located at 28150 Boulder Bridge Drive. Ques- tions regarding the variance on the fence location and the Engineer's recommendation not to allow the pool drainage to enter the sanitary sewer system were discussed. Haugen moved approval of this application on condition that the neigh- boring property owner approve, in writing, the fence location and that the proper drainage for the pool is maintaimed. Motion carried unani- mously. ARVIDSON DOCK Council requested Mike Arvidson to come before the council to answer questions regarding three docks that exist on a piece of land that Mr. Arvidson owns on Timber Lane. Questions regarding possible zon- ing violations and whether the docks could be considered under the "Gll'andfather Clause". After discussion, Rascop motioned to allow the three docks (2-Arvidson, +1 easement-Bagdons) to continue to exist with no changes and not for the purpose of rental. Seconded by Shaw. Roll call vote; 4 ayes, 1 nay (Haugen). Motion carried. BREAK 8:27 RETURNED 8:32 e IXI LABORATORIES - PUD.REQUEST Council reviewed the proposal for a P.U.D., made at the Public Hear- ing of April 12, 1982. Council member, Haugen, questioned whether the request complied with the requirement established for the P.U.D. Ordinance. Haugen moved to have Attorney Larson draw a Resolution to deny the P.U.D. request and submit to council at the meeting of May 10, 1982. Seconded by Leonardo. Motion carried unanimously to approve the denial of the PUD request. e BUI.LDING PERMIT REQUEST -AMESBURY.WEST Recreation Facilities Plan - Mr. Jim McNulty and Mr. Bob Ess presented a request for an "amendment to the development contract" and have a plan for a swimming pool, tennis court, and foot trail approved for construction. Rascop moved to approve the plan dated March 5, 1982; seconded by Gagne. Leonardo indicated his opposition to the proposed foot trail and re- quested Rascop to amend trail from his motion. Rascop denied request. Roll call vote; 2 ayes (Rascop & Gagne) 3 nayes. Motion approval denied. Leonardo then suggested that McNulty make revisions and re-submit plans. After discussion, Mr. McNulty withdrew his request for foot trails from the original request with the right to pursue that request at a later date. Leonardo moved approval of the new request deleting the foot trail, seconded by Gagne - 3 ayes, 2 nayes (Shaw & Haugen). Motion carried with amendment to be written by Attorney prior to issuance of building permit. - e . Regular Council Meeting - 3 - April 26, 1982 CREPEAU PROPERTY -.Request for Detachment and Annexation Attorney John Lee, representing Charles Crepeau, presented a request to have the Crepeau property annexed to Excelsior because of the zoning currently existing on his property and the proposed zoning under the Comprehensive Plan. Lee explained the reasons Mr. Crepeau has for asking for the annexation. Under the current Conditional Use Plan, which the business is operating under, Mr. Crepeau cannot alter his current use, expand, sell for other commercial use, or even rebuild if the building was damaged extensively. The city currently has no zoning that Mr. Crepeau's business can legally operate under. They also feel because of the base this building is con- structed on, (previous garbage dump), this property could not be used for the purpose that it is currently zoned (R-4). Council discussion regarding use and zoning possibilities followed. Council did not want to release the property to Excelsior. Council also felt that the request was a little premature because they had not been notified of the problem previously. They then directed Mr. Crepeau to the Planning Commission to request a new zoning category that his busi- ness can operate under. Haugen moved, seconded by Leonardo, to table and take no action in this matter at this time. Motion carried unanimously. Attorney Lee requested that the council take the action to propose re- zoning, instead of Mr. Crepeau, because of the cost of the fees involved. Moved by Rascop, seconded by Haugen, to direct the Planner to make a report on this matter and present it to the Planning Commission for review. Motion carried unanimously. DEEPHAVEN - Hooper Lake Road Request Bob Hedtke from Deephaven presented various proposals to eliminate heavy traffic along residential streets - Vine Street and Hooper Lake Road. Various locations were suggested for Cul-de-sacing or one-way streets. Concerns were expressed by area residents, Tom Gram and Joe Nesser. Council concerns were for fire protection, school bus routes, and police recommendations. Council directed Administrator Uhrhammer to contact fire department, school bus company, and have the city Engineer and Planner present alternative proposals. They would also like a statement from Deephaven Council regarding this matter. Shaw moved to table until these reports can be obtained. PLANNING COMMISSION REPORT Request was made by Chairperson Stover to be able to have Planner Niel- sen attend the Commission Study Meeting while they are working on the revisions to the Zoning Ordinance and Subdivision Ordinance. Admini- strator Uhrhammer will try to find monies available to allow this expense. PARK COMMISSION REPORT Parck schedule has been completed and presented to the council for app- roval. Council reviewed and accepted the schedule as presented. Motion carried unanimously. Regular Council Meeting - 4 - April 26, 1982 RESOLUTION NO. 44~82 OFSTEAD DIVISION e Attorney Larson presented a Contractual Agreement between Of stead and the city for the purpose of a simple division of the property located at 26915 Edgewood Road. Rascop moved approval of this division by Resolution; seconded by Gagne. Motion carried unanimously. IMDeC PROPOSAL Concerned neighbors :were in attendance to address the issue of drainage in reference to the lot located on the SW corner of Glen Road and County Road 19. Questions were asked about fill needed to construct the pro- posed l8 unit building and what recourse would the neighbors have if the approved drainage plan was not adequate to handle possible drainage problems? Engineer Norton requested a drainage plan be submitted with the build- ing permit application. He would like to review and approve tnese plans in conjunction with the state building inspector prior to construction. Attorney Larson would like to confer with Mr. Borchart's attorney to help clarify any possible questions he may have. ATTORNEY'S REPORT RON R. JOHNSON Zoning Violation trial is set for June 2l, 1982. e GREENWOOD LIFT STATION PURCHASE- Attorney Larson reviewed the back round on the acquisition ,of the Manor Road lift station. Larson recommended to request l6.46% of the credit received by Greenwood from Metropolitan Waste Control, plus 6% on this amount starting with January l, 1977, and mainte- nance cost. Also request to establish a shared-cost maintenance agreement on the lift station located at Lakeway Terrace/Fatima Place. Rascop motioned to accept Attorney Larson's recommendation and proceed to obtain this agreement, seconded by Gagne. Motion carried unanimously. CITY HALL LITIGATION Attorney Larson has been informed that the Zagar Deposition is scheduled and will be taken in Las Vagas, Nevada. Larson did not feel that it would be necessary for him to be present and if he had some major objections to something that was said, he would still have the right to question Zagar himself at a later date. e ENGINEER ' S~_REPORT Engineer Norton informed the council that Mac-In-Erny Bonding Company is aware that he is not paying some of his sub-contractors. The city is also withholding payment of Voucher #7 until these payments are paid. e e e Regular Council Meeting -- 5 - April 26, 1982 ADMINISTRATOR'S REPORT A meeting is ;set for May 6th at 7:30 P.M. with the police department and mayors to review the formula for police department payments. MAYOR'S REPORT BIKE TRAIL - Vine Hill Road Rascop reported on the meeting with Minnetonka regarding the added bike trail along Vine Hill Road. Administrator Uhrhammer and Engineer Norton also attended. Minnetonka will resurface and move crown of road over into Shorewood 8' at their cost; Shorewood will then maintain that additional footage. MOUND ,MEETING - L.N.C.D. AUTHORITY Mayor reviewed questions regarding: (1) No alternative groups available (2) Personal Salaries (3) Criminal Prosecution by L.M.C.D. instead the right of the city. (4) Budget and Staffing. APPROVAL OF CLAIMS AND ADJOURNMENT Moved by Haugen, seconded by Gagne, to approve the claims for payment to be followed by adjournment at 12:05 A.M. Motion carried unanimously. General Fund - [00166] Checks 25443 - 25497 = Liquor Fund - [00174[ Checks 8806 - 8840 = $22,967.93 16,946.08 Respectfully submitted, Sandra L. Kennelly, Clerk ;Pf~ ~~