052383 CC Reg Min
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, MAY 23, 1983
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
SHOREWOOD, MN 7:30 PM
M I NUT E S
CALL TO ORDER:
The regular meeting of the Shorewood City Council was called to
order by Acting Mayor Kristi Stover at 7:32 PM, Monday, May 23,
1983, in the Council Chambers.
PLEDGE OF ALLEGIANCE AND PRAYER:
The meeting opened with the Pledge of Allegiance and a prayer.
ROLL CALL:
Present: Acting Mayor Stover, Councilmembers Haugen and
Shaw. (Absent: Mayor Rascop and Councilmember
Leonardo)
Staff: Attorney Larson, Engineer Mittelsteadt, Planner
Nielsen (approximately 8:45), Adminstrator
Uhrhammer and Deputy Clerk Niccum.
APPROVAL OF MINUTES:
May 9, 1983 - Regular Council Minutes - Moved by Haugen, seconded
by Stover, to approve the minutes as written. Motion carried.
May 9, 1983 - Board of Review meeting - Haugen moved, seconded by
Shaw, to approve the Minutes as corrected. Motion carried.
May 12, 1983 - Special Council Meeting - Haugen moved, seconded
by Shaw, to approve the Minutes as written. Motion carried.
CITIZENS FORUM: (Matters from the Floor)
Bob Reutiman of 5915 Galpin Lake Road was present to express
his appreciation to the Council for the article in the news-
letter that informed residents of the City's financial standing.
He also suggested Council participation in neighborhood surveys
on other issues, such as the sewer assessments mentioned in
the newsletter.
Bob Gagne of 24850 Amlee Road asked the Council if they had
received any information on the latest Watershed Meeting due
to a mixup in meeting locations. Administrator Uhrhammer
remarked that he had just heard of it "this afternoon".
TAX INDEXING:
Haugen reported that the tax index will remain in effect unless
the state runs into a deficit.
REGULAR COUNCIL MEETING
-2-
MAY 23, 1983
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LEVY LIMITATIONS:
Haugen reported that cities with a population of under 5,000
are no longer under the levy Limitations.
BUDGET HEARINGS:
Haugen strongly suggests holding "Budget Hearings" for the purpose
of public information and input.
REZONING AND SIMPLE SUBDIVISION REQUEST:
Mr. Harold Johnson - 6055 Lake Linden Drive
Councilmember Shaw, liaison to the Planning Commission, reported
that the Planning Commission had voted 6-0 in favor of Council
approval with three suggestions:
1. That the division occur as close to 25 feet south of the
garage as possible in order to make the South lot as large
as possible.
2. That future work on Lake Linden Drive take into consider-
ation the use of some type of retaining walls to minimize
the loss of trees on the lots in question.
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3. That the additional right-of-way be platted at this time
for future road improvements.
Haugen inquired about road width and was told by Enginee~
Mittelsteadt that the width would remain the same.
Mr. Johnson objected to the 3-1 slope easement (1 foot rise in 3
feet) stating that it would be too close to the house and would
remove his buffer.
Court McFarlane, Mr. Johnson's son-in-law, stated that removing
foliage would lower Mr. Johnson's property value.
Engineer Mittelsteadt agreed witfiMr.-MeFarlane. He also explained
to Mr. Johnson that in order to have a line of sight, the bank
would have to be shaved. He is going out to take a look at the
property and will report his findings at the June 13 meeting.
It was also suggested that a retaining wall would take care of
the line of sight and reduce the slope but could prove expensive.
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Mr. Bob Reutiman expressed concern on R-4 Zoning, wondering what
would happen if McCartney property requested R-4 zoning. Haugen
stated that while the Johnson property, with a duplex across the
street and another duplex down the block, is suited to R-4 zoning,
the McCartney property, with all R-l zoning across the street, is
not feasible for R-4 zoning.
Haugen moved, seconded by Stover, to table rezoning until June 13
meeting at which time a full Council would be present. Motion
carried unanimously. (3 ayes)
REGULAR COUNCIL MEETING
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MAY 23, 1983
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PARK COMMISSION REPORT:
Community Picnic
Shaw reported that plans for a Community Picnic are still in
progress - Mr. Steve Frazier is working on it.
Approval of Baseball Agreements
Review and approval of Tonka Babe Ruth Agreement and South
Tonka Little League Agreement.
Haugen moved, seconded by Shaw, to approve the Tonka Babe
Ruth Agreement and the South Tonka Little League Agreement.
Motion carried unanimously. (3 ayes)
PLANNING COMMISSION REPORT:
Shaw reported:
Johnson Rezoning Request
Planning Commission recommended Council Approval (6-0) with
3 suggestions (see page 2 of these minutes).
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Amendment to Outlot E - Boulder Bridge
Planning Commission liked driveway change from circle drive on
Preliminary Plat to a U shape with two turnarounds because it
would leave the ponding area intact.
Teske Variance
This variance was not heard because it was discovered that no
variance was needed.
Burger King
City Staff was requested to obtain additional information on
background history.
PUBLIC HEARING: REQUEST FOR ZONING ORDINANCE AMENDMENT TO
ORDINANCE NO. 77 REGARDING THE C-l ZONING
8:00 DISTRICT
Mr. Bob Reutiman of 5915 Galpin Lake Road wanted to know why
all people owning property in same zoning were not notified by
mail. Administrator Uhrhammer explained that a legal notice was
published in the paper and that mail notification would run into
excessive expense for the City.
The public portion of the hearing was closed at 8:07.
Haugen moved, seconded by Stover, that the first reading be
approved with the addition of "and" between words "right-of-way"
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and from - second llne - 5.
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Haugen moved, seconded by Stover, that the request to amend the
C-l District of the Zoning Ordinance be continued at the June 13,
1983, Council meeting. Motion carried unanimously. (3 ayes)
REGULAR COUNCIL MEETING
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MAY 23, 1983
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COUNCIL ACTION - REQUEST TO REZONE - SHOREWOOD CONDOMINIUMS
5620 County Road 19 - Tingewood Inc.
Mr. Scott Harri of Schoell and.Madson, Mr. Adrian Johnson and
Mr. Jim Morss, the architect, were present. Mr. Scott Harri
gave a presentation. He stated that they had worked on three
areas.
1. The cost effect of a reduction of units .fr-om 39 units to
33 units.
Using the same foot print - at 33 units - their quick
figuring came up with additional cost of $8,500. per
unit. In the long run, this could result in an
additional possible $10,000. to $15,000. added on to
the selling price by the time everything is figured in.
2. Relocation of the driveway
The driveway was moved south, entering on the north side of
the office building, through the parking lot and entering
an underground garage on the east face of the south end of
the building. (A 50+ foot setback from Mr. Borchart's line)
3.
Relocation of the Building
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The building had been moved west 30 feet, which will make
it 2 feet lower. It is now an L-shape with the long section
parallel to County Road 19 and the short section parallel
to M~. Borchart's property line. There is now approximately
a 50 foot setback on the north, leaving a larger screening
area on Mr. Borchart's side.
In the 39
leaving:
unit plan, the
12 2+ starting
27 1+ starting
39
1 bedroom was completely omitted,
in the high $90,000's
in the mid $80,000's
The parking spaces went from 42 to 39 underground and
34 to 39 above ground, an
70 78 increase of 2.
Mr. Borchart raised a question about the present height difference
between his driveway and the roof of the building. Mr. Harri
informed him that the peak of the gable roof would be 35 feet
higher than his driveway.
Mr. Joseph Finley, Mr. Borchart's attorney, urged smaller density,
suggesting 3 units per acre. He also suggested that around 17
units would cut down on size of the structure.
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Mr. Donald Peterson, 32 Interlachen Court, a contractor from
Tonka Bay, stated that, having been involved in several similar
projects, he felt that the planned 6.4 units per acre was
extremely reasonable and that he was interested in investing in
Shorewood Condominiums.
REGULAR COUNCIL MEETING
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MAY 23, 1983
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SHOREWOOD CONDOMINIUMS continued
Mr. Robert Gagne of 24850 Amlee Road brought up the drainage
problem. He felt that:
1. In case of a 1% rain, the water from the shopping center
and Tonka Bay would create a problem.
2. The Watershed District would not accept the excessive flow
of water into Lake Minnetonka without holding ponds, settle-
ment ponds and possibly a dike between Shorewood Condos and
the lake, calling for large areas of land for this purpose.
3. Possible legal problems between Shorewood Condos, IMDEC,
and the City of Shorewood.
4. The City should look into setting up a storm drain system.
At 7:50 Haugen moved, seconded by Shaw, to table this Council
Action on "Request to Rezone" until the June 13, 1983 meeting.
Motion carried unanimously. (3 ayes)
PUBLIC HEARING - REQUEST FOR VARIANCE - SWIMMING POOL
Robin Woehnker - 4540 Enchanted Point
8:53
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Mr. Woehnker is requesting a setback variance to construct a
swimming pool approximately 24 feet from Lake Minnetonka.
Acting Mayor Kristi Stover read a letter from Mr. John Dow of
4530 Enchanted Point objecting to:
1. The environmental impact on spawning area the property
borders-
2. Mr. Woehnker and his guests must cross Mr. Dow's property
to get to the pool - he was concerned about peace and
quiet of area and safety of his child and dogs.
Mr. Woehnker explained to Council that:
1. Pool will not drain into lake but will be filtered and
eventually drain into yard.
2. The place that they cross Mr. Dow's yard is a granted
easement, Mr. Dow also has an easement on Mr. Woehnker's
property to get to the lake.
3. The pool will be fenced creating safety for child and dogs.
The public portion of this meeting was closed at 9:04 PM.
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Haugen moved, seconded by Shaw, to table this Public Hearing
until the June 13, 1983 Council meeting, at which time a full
Council will be present. Motioned carried. (3 ayes)
REGULAR COUNCIL MEETING
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MAY 23, 1983
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PUBLIC HEARING - REQUEST FOR VARIANCE:
Mr. Walter Teske - 20645 Radisson Inn Road
Acting Mayor Kristi Stover made an announcement that this hearing
will not be held.
SIMPLE SUBDIVISION REQUEST - BURGER KING
Mr. James Winsted - 19425 State Highway #7
Mr. Winstead requested joining 3 parcels, PID #25-117-23-41-0009,
PID #25-117-23-41-0018, and PID #25-117-23-44-0009 and part of
a fourth, PID #25-117-23-44-0010 into one parcel - leaving the
rest of the southerly parcel, PID #25-117-23-44-0010, to be
used as Residential in compliance with the deed restriction.
He intends to continue to use the northern part of PID #25-117-23-
44-0010 as a parking lot per conditional use permit.
Haugen moved, seconded by Shaw, to approve a Simple Subdivision
Request. Motion carried unanimously. (3 ayes)
SWIMMING POOL APPROVAL :
Robert Shaw - 5745 Echo Road
Mr. Mike Mulvaney of Custom Pool gave a presentation.
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Planner Nielsen suggested that the Engineer take a look at
the grading requirements.
Stover moved, seconded by Shaw, approval based upon review by
the Engineer to make sure there are no grading problems. Motion
carried unanimously. (3 ayes)
SWIMMING POOL APPROVAL:
Wendell Ellis - 2b100 Woodside Road
Mr. Mike Mulvaney of Custom Pool gave a presentation.
Shaw moved, seconded by Haugen, approval of pool subject to
re-combination of two lots, permit not to be issued until all
fees are paid and lots are combined on a County Level, no fees
previously paid to be refunded. Motion carried unanimously.
(3 ayes)
PARK COMMISSION REPORT:
By Carol Chapman:
Manor Park
The Park Commission wishes to do whatever is necessary to
finish Manor Park, primarily the softball field.
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Administrator Uhrhammer had an estimate for the outfield from
Don Zdrazil - Black dirt 4 inches thick, delivered, regrading,
grass seed, fertilizer and application - $12,950.
Picnic Tables
The parks now have 20 picnic tables - a little fixing and
painting and they'll be in good shape.
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REGULAR COUNCIL MEETING
-7-
MAY 23, 1983
ATTORNEY'S REPORT:
RESOLUTION NO. 37-83
Attorney Larson presented a Resolution for Denial of a variance
request by Floyd Larson, on behalf of Jim Johnson.
Shaw moved, seconded by Haugen, approval of Resolution Denying
Variance Request. Motion carried unanimously. (3 ayes)
ENGINEER'S REPORT:
Engineer Mittelsteadt recommended final payment of $3,755.68
fornthe AmesbtlryBack-up Well, stating all necessary papers
have been received.
Haugen moved, Stover seconded, that a final payment of $3,755.68,
Project 82-1, Voucher #4, be made. Motion carried unanimously.
ADMINISTRATIVE REPORT:
Approval of Liquor and Non-intoxicating Malt Liquor Licenses
Minnetonka Country Club
Howards Point Marina
Driskills
American Legion
Tom Thumb
Skipperette
* Fortune House
*Wine License still to be approved on State Level
Haugen moved, seconded by Shaw, approval of the Liquor and
Non-intoxicating Malt Liquor licenses, and Wine License
when approved by State, that are on the list subject to
verification of insurance. Motion carried unanimously.
( 3 ayes)
Councilman Shaw requested Administrator Uhrhammer to draft a
letter to applicants stating any violation, revocation, etc.
of insurance means instant revocation of licenses.
Minnewashta Church Parking Lot
Administrator Uhrhammer quoted prices for repairing parking lot.
123 yards of rock at $113. a ton
grading at $35 an hr.-6 hours
hauling rock
$482.16
210.00
516.00
$ 1,205.06
Administrator Uhrhammer suggested that the City buy the rock
and do the grading and that the church pay for hauling the rock.
Shaw moved, seconded by Haugen, that the Council authorize the
City to buy the rock and do the grading, and negotiate with the
church to pay for the hauling. Motion carried unanimously.
REGULAR COUNCIL MEETING
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MAY 23, 1983
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ADMINISTRATIVE REPORT continued
Financial Reports
General Fund-Administrator Uhrhammer suggested this report
be postponed until a full Council is present.
LGA(Local Government Aid)-Administrator Uhrhammer reported
that LGA will decrease $27,000 and a tax levy may be
necessary to recapture funds.
Manor Park-Administrator Uhrhammer reported that a $15,000
donation for Manor Park is no longer available, having been
used.
Release of Tax Forfeit Property RESOLUTION NO. 38-83
Administrator Uhrhammer suggested that the property- Lot 2,
Block 2-Balls Addition-PID #34-117-23-31-0035- be returned to
the County to be auctioned off, due to the fact it is costing
the City $150 a year and is too steep to serve as parkland.
Shaw moved, seconded by Haugen, to return Lot 2-Block 2-
Balls Addition-PID #34-117-23-31-0035-to Hennepin County to
be auctioned off. Motion carried unanimously. (3 ayes)
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Meeting Announcements
Zoning Ordinance Review Meeting
Meeting scheduled for May 24, 1983, is cancelled due to lack
of full Council. Administrator Uhrhammer will set a new date
and contact everyone concerned.
Second Policy Setting Meeting
Administrator Uhrhammer will set a date and contact involved
part i e g-;---- .u______ - -... u___
Association of Metropolitan Municipalities
The Annual Meeting of AMM will take place Thursday, May 26,
from 6:30 - 7:30, at a cost of $15.00 @. Anyone interested
contact Administrator Uhrhammer as soon as possible.
Amesbury Deep Well - Pump Rebuilding
The pump in the Amesbury Deep Well is approximately ten (10)
years old, its life expectancy, and needs rebuilding at a
cost of anywhere from $2500 to $7500.
Council requested Administrator Uhrhammer to send letters to
Amesbury residents announcing that during the second week in
June, the 6th through the lOth, they will be requested to limit
their water usage.
Twin City Federal Savings and Loan-Second Depository
At Administrator Uhrhammers request-Shaw moved, seconded by
Haugen, to amend Resolution No. 1-83 to include Twin City
Federal Savings and Loan as an official second depository.
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Street Light-Eleanor Goodman-5570 Shore Road
Mrs. Goodman has maintained a light near her home for several
years and felt it benefited the whole neighborhood. As she
can no longer afford to maintain it but feels it necessary
to have a light, she is requesting the City to take over the
expense of maintaining it.
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REGULAR COUNCIL MEETING
-9-
MAY 23, 1983
ADMINISTRATIVE REPORT continued
Street Light- Eleanor Goodman-continued
Haugen moved, seconded by Stover, that Administrator
Uhrhammer contact N.S.P. and have a street light put
where they deem it most necessary. Motion carried.
MAYOR'S REPORT:
Review of the Proposed Ordinance
Haugen moved that the review of the proposed Ordinance be
tabled until a full Council is present.
APPROVAL OF CLAIMS AND ADJOURNMENT:
Haugen moved, seconded by Shaw, to apptoveclaims for payment
followed by adjournment at 10:45 PM. Motion carried unanimously.
General Fund [acct # 00166] Checks 27153 -27215
Liquor Fund [acct # 00174] Checks 1055 - 1105
Respectfully submitted,
~~Jp~~)
Mayor ' .
SUSAN A. NICCUM
Deputy Clerk