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061184 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE" 11, 1984 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:30 P.M. e 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 PM, Monday, June 11, 1984, in the Council Chambers of City Hall. PLEDGE OF ALLEGIANCE The meeting was opened with the Pledge of Allegiance and a prayer by Mayor Rascop. ROLL CALL Present: Mayor Rascop; Councilmembers Shaw, Stover, Gagne and Haugen. Staff: Attorney Larson, Engineer Norton, Planner Nielsen, and Clerk Kennelly. APPROVAL OF MINUTES e Board of Review Gagne moved, seconded by Stover to approve the Minutes of the Board of Review meeting held May 24, 1984, as written. Motion carried unanimously. Audit Meeting Gagne moved, seconded by Shaw to approve the Minutes of the Special Audit Review meeting held May 29, 1984 as written. Motion carried unanimously. Regular Council Meeting Stover moved, seconded by Gagne, to approve the Minutes of the regular Council meeting of May 29, 1984 as corrected in the official minute book. Motion carried unanimously. INTRODUCTION OF ADMINISTRATOR Mayor Rascop introduced the newly appointed Administrator, Daniel Vogt. He will take the position effective July 9, 1984. MATTERS FROM THE FLOOR e Chaska Road Drainage Problem Gene Clapp of 6050 Chaska Road came forward to inform the Council of a drainage ditch problem in front of his house and leading to the professional building at 6000 Chaska Road. The storm sewer appears to have collapsed and developed a very large hole and potentially dangerous hole after the City tried to clean out the drainage ditch. Rascop directed the road department to repair the damage as soon as possible. e e e REGULAR COUNCIL MEETING MONDAY, JUNE 11, 1984 Page Two Matters from the Floor, continued: Lake Access - Dock Request Howard Lerohl of 255b5 Birch Bluff Road asked the Council for the right to reinstall the dock at the lake access at the extension of Eureka Road as it has been installed in the past years. Council had indicated last fall that policy on these accesses would be set by this time. Mr. Lerohl would like a temporary permit to install the dock until which time the Council has its policy in place. This dock is for the convenience of the neighbors to use for fish- ing, swimming, sunning, short term docking for picking up people and errands - no overnight dockage. Gagne moved to approve the installation of the dock, seconded by Haugen for discussion only. She felt that no formal action should be taken until a public hearing determin~d~ the use. That they should install the dock under the "Grandfathering" provision, Stover was in agreement. Gagne moved, seconded by Haugen to issue a temporary permit for the dock installation until the public hearing can be set and a policy can be adopted. Public hearing will be set for July 10, in front of the Planning Commission. Motion was carried, 4 ayes - 1 nay (Shaw). Zoning Complaint A question on the zoning of 24590 Smithtown Road was presented. The property is in a residential zone. Claire Towne will submit a written complaint of a zoning violation to the City Clerk. Request for Deferred Fees RESOLUTION NO. 33-84 A request from a real estate agent representing Irma French of 23825 Smithtown Road to defer the simple subdivision fees until the division has been completed due to financial hardship in this case. Haugen moved, seconded by Gagne to approve the requested. Motion carried unanimously. PARK COMMISSION Marty Jakel and Conrad Schmid reported on the progress of the "Festival of Parks". Playground equipment is being installed at Badger Park and will soon be installed at Manor Park. This equipment has been paid for by donation through the "Century Club". A complaint from Mr. and Mrs. Osha on the dust from the access road to Freeman Park was received. The cost of tar and oiling will be checked. Also, additional patrolling will be requested for speeding violators. FENCE PERMIT REQUEST Sue Morgan and Linda Scott of 5235 Shady Lane requested permission to install a 6 foot fence along the property line of 5255 Shady Lane with a 42 inch fence on all other boundaries. Approval has been received from the property owners of 5255 Shady Lane in writing. Gagne moved, seconded by Shaw to approve the request as submitted. Motion carried unanimously. REGULAR COUNCIL MEETING MONDAY, JUNE 11, 1984 Page Three e SIMPLE SUBDIVISION - 5530 HOWARD'S POINT ROAD RESOLUTION NO. 34-84 A request from Mrs. A.T. Ridinger of 5530 Howard's Point Road to divide her lot into two (2) 40,000 + sq. ft. lots. Gagne moved, seconded by Haugen to approve the simple subdivision subject to a5 foot dedication for roadway and subject to necessary fees being paid. Also to include the removal of a shed on the newly created lot. Motion carried unanimously. 8:00 PM PUBLIC HEARING - VARIANCE REQUEST - RICHARD GAY Public hearing was opened at 8:20 PM to hear a request from Richard Gay of 5480 Covington Road for a rear yard setback variance. A 15 foot setback from rear lot line is being requested. Public portion of the hearing was closed at 8:25 PM with no public comment. Mr. Gay felt the variance was needed to reduce the amount of trees to be removed for construction and retain the most privacy from adjoining lots. The Planning Commission did approve the 15 foot variance in exchange for 65 foot front setback. Stover moved, seconded by Gagne to approve the 15 foot rear yard setback to include a 65 foot front setback and that no accessory use, building or outside storage be located in the back yard setback area. e Roll Call Vote - 3 ayes, 2 nays (Haugen and Shaw). Motion denied. Mr. Gay questioned the Council's reason for denial. Council directed the Attorney to draw a resolution of denial - Facts of Findings, this will be presented to Council and Mr. Gay. 8:15 PM PUBLIC HEARING VARIANCE REQUEST - KEITH BEDFORD RESOLUTION NO. 35-84 The public hearing was opened at 8:38 PM to hear a request from Keith Bedford of 24375 Wood Drive to expand a nonconforming structure. Mr. Bedford would like to add a deck to his home that would not increase the nonconformity. The public portion was closed at 8:42PM without public comment. Gagne moved, seconded by Stover to approve the variance as requested. Motion carried unanimously by Roll Call Vote - 5 ayes. 8:30 PM PUBLIC HEARING TRIVESCO - COMPREHENSIVE PLAN AMENDMENT AND REZONING TO P.U.D. e The public hearing was opened at 8:44 PM to hear a request for a Comprehensive Plan Amendment and rezoning to a P.U.D. John Uban presented a slide presentation for the Council and the audience of the proposed Trivesco project. Trivesco is comprised of three developers, Mark C. Jones, Robert Mason, and Steiner/Koppelman, proposing a development that would include commercial, multiple family and single family areas, with a residential park. A new intersection e e e REGULAR COUNCIL MEETING MONDAY, JUNE 11, 1984 Page Four Trivesco Public Hearing, continued: off Highway 7 with a new collector street running south of Highway 7 to Covington Road. This would lighten the traffic load on Vine Hill Road and the present intersection at Highway 7 and Vine Hill Road. Public comments were taken from: Richard Gay - 5480 Covington Road questioned at what time, in the project, would the intersection be installed? Mr. Uban replied that the project is proposed for a 4 year phasing, single family first. The intersection will be in by the time the multiple would start. All the information from the various reports and studies plus the highway approval will have to be completed before the installation can be made. Mr. Gay felt that the intersection should go in at the beginning of the project. Peter Boyer - 19685 Excelsior Blvd. spoke in opposition to the commercial stage of the development and the new intersection. He felt the intersection would not be needed if the commercial was excluded. Mr. Uban said the new collector road and intersection would improve the traffic problems and not cause any additional traffic congestion on the highway. The commercial use along the highway was the only acceptable use for that area. Robert Peterson - 5474 Covington Road asked the following questions: 1) Will a restaurant be included in the commercial area? Mr. Uban stated that there were no plans at this time. 2) Where would the new collector road meet Covington and would it cause more traffic on Covington to the north? Planner Nielsen located the proposed intersection with Covington and explained a "teeing" that would direct the traffic flow to the south. 3) Could the Highway Department recommend the new intersection to be placed at the current entrance to Covington Road? It is possible, but they felt it was not feasible and wouldn't be recommended. Dr. Alex Janes - 5630 Christmas Lake Point asked the overall density - 2.5 units per acre. He felt the intersection should be installed at the beginning of the project, the traffic would use Radisson Inn Rd, this road cannot handle additional traffic flow. Tory Miesen - 20090 Excelsior Blvd. stated concerns regarding drainage problems that may be created by the commercial area. Mr. Uban explain- ed that a larger ponding area will be put in to hold run-off until it can flow off in a manner no faster or heavier than present run-off. This will have to be approved by the Watershed District. David Banker - 5530 Vine Hill Road said he felt the location of the intersection of Covington to Vine Hill Roads has a bad site distance, this location should be reconsidered. Les Anderson - 5385 Shady Hills Circle said he felt single family could replace the proposed multiple family because it is being done in other cities along the highway. He also questioned whether there was a need for commercial in that area. REGULAR COUNCIL MEETING MONDAY, JUNE 11, 1984 Page Five e Trivesco Public Hearing, continued: Rosemary Lockwood - 19355 Shady Hills Road. Her concerns were addi- tional drainage from this project would compound the current drainage problem that currently goes through her lot. Mr. Uban and Engineer Norton confirmed that the drainage area from this project will not flow into her drainage area and will not cause an added problem. Gary Mize - 20480 Radisson Inn Road expressed concerns about traffic on Radisson Inn Road unless prohibited. Russ Stuart of 20505 Radisson Inn Rd voiced the same concern. Bonnie Workman - Excelsior Blvd., Deephaven wanted to know if an Environmental Impact Study had been completed. Mr. Uban stated that it will be called for at the proper timetable. Wallace Wierson -19765 Excelsior Blvd. stated he was against the commercial area and thought it should be used for park land. Marty Jakel - 5404 St. Alban's Bay Rd. stated as a Park Commission member that the Commission felt this area was not good because it is too close to the highway. e Paul Seifert - 5515 Radisson Entrance said he feels the project doesn't properly address the traffic problem and a timetable should be a priority. The P.D.D. zoning with a Development Contract will address these problems. The developers can control the scheduling of the pro- ject, but they have no control over other agencies that they have to rely on for reports and permissions necessary. Bob Morast - Traffic Engineer, Minnesota State Highway Department - He indicated that some improvement on the signals at Highway 7 and Vine Hill Road were planned, but will be delayed. They would like more specific plans from the City. Richard Gay - felt that the street plans should be done first and the present park area owned by the State Highway Department should remain intact and not be included in the area used for any intersection plans. Marty Jakel - lias an extension of the proposed collector street been addressed to the north of Highway 7? Developers do not need access to the north. This will probably be addressed in the traffic study. Wallace Wierson - fhe commercial area should be used as a natural buffer if not a park use. Pete Boyer - felt the intersection should be improved and remain at the present location. Engineer indicated the area is not available to correct and Deephaven opposes changes there. . Public portion of the meeting was closed at 10:04 PM. The hearing was opened to Council comments. e e e REGULAR COUNCIL MEETING MONDAY, JUNE 11, 1984 Page Six Trivesco Public Hearing, continued: Haugen asked when a "Marketing Study" would be done and "what if" it showed no need for commercial uses. The Study would not be addressed until after the Traffic Study was completed. The developers felt a need for commercial was there or they would not have made a commitment for that property. Mr. Robert Mason (developer) reviewed phasing of the project. The first stage would be the single family on the Clifford Trust and Rebers Construction land, the multiple family on the northern portion of that property and the final stage of commercial on the Murfin property. This property was included for the protection of the rest of the development to insure the best use and quality of this area. Comprehensive Plan Amendment Rascop moved to approve the Comprehensive Plan amendment and submit to the Metro Council for review, Haugen seconded for discussion. Shaw felt the draft of the amendment should be drawn prior to acting on. Planner Nielsen suggested motion should be "to amend the land use map and to reflect the change in transportation plan". After further discussion, Rascop withdrew his motion. Rascop moved to direct the Planner to draw the actual documents to be presented to Metro Council to include the graphic map change and the transportation plan. Amendment to include commercial, multiple family, and single family uses, intersection and collector street, range of density for residential areas, seconded by Haugen. Motion withdrew after discussion by Rascop, accepted by Haugen. .RE20LU'fION rm. J6 ~ Haugen moved, seconded by Shaw to approve the Comprehensive Plan amendment subject to approval of the final text amendment and graphicsRP to show commercial, multiple family, single family uses, and the " transportation plan. Motion carried unanimously - 5 ayes. \.A}..-J ~~/t, (q J ~.): Q,Lta.~ ~ (p Council break..;. 11: 30 PM to 11: 40 PM. IJ ...-.-"......".--.-.. AMESBURY WEST TRAIL DISCUSSION A complaint was received from Mrs. Eisert of 20585 Garden Road on June 8th that McNulty Corp. was installing a trail in the Amesbury West project. Building Official Nielsen ordered a "stop work" on the project because he could not substantiate that permission had ever been given to proceed with the trail. Jim McNulty was present to request the right to continue the installa- tion of the path, stating that he felt he had the right to install it because it was on the original plans that were presented with the Amesbury West plat. Council contends, according to the Council minutes of April 26, 1982, that permission was only granted for the swimming pool and tennis court and that the "foot path" request was withdrawn on the right to return at a later date for permission to install that path. REGULAR COUNCIL MEETING MONDAY, JUNE 11, 1984 Page Seven 4It Amesbury West Trail Discussion, continued: Haugen moved to table until further information can be obtained, seconded by Rascop. McNulty Construction can complete the trail on the south side of the tennis court only. Mr. McNulty would like to discuss the trail with Mrs. Eisert prior to the discussion of the Council. WATER POLICY Council reviewed and discussed the proposed Water Policy items suggested at the May 29th Council Meeting. Public comment from Claire Towne of 24740 Smithtown Road questioning "why the Council continues to bring up municipal water system issue when the residents have stated they don't want water". The Council did not feel this was true because of comments received. Council discussed with current developers various ways of handling operating costs, assessment procedures, pay backs for oversizing, and security of back-up wells. Council authorized Engineer Norton to contact the City of Minnetonka and discuss additional water connection or "back-up well" possibilities. Council would like a presentation from a bonding consultant explaining services, interest rates and a clarification of bondability of the City. Council directed staff to contact the Springstead Company. e WATER FEASIBILITY STUDY ORDERED RESOLUTION NO. 37-84 Shaw moved, seconded by Rascop, to direct the Engineer to prepare a Water Feasibility Study for the area bounded by Christmas Lake Point, north to Highway 7, east to Vine Hill Road and south to Chanhassen boundary, also separate costs for Trivesco, Covington Vine Ridge, and Near Mountain projects. ATTORNEY REPORTS Attorney Larson has received a request from Chanhassen requesting Shorewood's support with the Metro Sewer Board to encourage them to install a gravity line instead of a force main in the Pleasant View Road - Christmas lake Road as was originally proposed. ADMINISTRATIVE REPORTS A request for a permanent position and raise for secretary/receptionist Patti Ray. Gagne moved, seconded by Haugen to appoint Ms. Ray as a permanent employee. Motion carried. e Stover moved, seconded by Rascop, to allow a .97~ an hour raise at this time. Motion carried. - e - REGULAR COUNCIL MEETING MONDAY, JUNE 11, 1984 Page Eight COUNCIL REPORT City Hall Painting Two bids were received from painting contractors. Each were over the budgeted $700.00 per painting. Stover moved, seconded by Gagne to approve the bid from John Annen Painting in the amount of $840.00. Motion carried. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to approve claims for payment to be followed by adjournment at 2:05 AM. Motion carried unanimously. General Fund (Account # 00166) Check 28775 - 28871 Liquor Fund (Account # 00174 Check 2128 - 2180 $419,697.85 $35,502.35 Respectfully submitted, Sandra L. Kennelly ~~/?~