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031185 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 11, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 PM on Monday, March 11, 1985. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop; Councilmembers Haugen, Shaw, Stover and Gagne. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt and Deputy Clerk Niccum APPROVAL OF MINUTES Gagne moved, Stover seconded, to approve the minutes of February 25, 1985 with the following corrections: page 2/paragraph 3/lines 1 & 2 ..amendment to Gagne's motion to include a slip on ramp eastbound onto State Highway 7 with the closing of the south slde......... page 2/paragraph 4/line 3 .....Road/State Highway 7 intersection with a slip ~ ramp eastbound onto State Highway 7........ Motion carried unanimously. APPOINTMENT OF CITY ATTORNEY Stover moved, Haugen seconded, to accept Glenn Froberg as the new City Attorney and to retain existing Attorney Larson through March 15, 1985. Motion carried unanimously. MATTERS FROM THE FLOOR RESOLUTION NO. 13-85 Haugen made a motion, seconded by Rascop, proposing a Resolution commending the Minnetonka High School Hockey Team for their excel- lence in performance this season. Motion carried unanimously. Gagne read a letter addressed to the Mayor and Council from constituent Clair Towne and asked that it be placed in the minutes. (see attached letter and news article) COUNCIL MINUTES MARCH 11, 1985 page two . PLANNING COMMISSION REPORT Stover reported the two items discussed: 1. Mr. Gerald Hayes, 5550 Shore Road, requesting a variance for expansion of a nonconforming structure, which is on tonights agenda; and 2. A Simple Subdivision request by Joe Gorecki for the property at 6140 Lake Linden Drive, which was tabled until a grading plan is presented so our Planner and Engineer can study grading relative to driveway access. PARK COMMISSION REPORT Gagne reported that the March 4th meeting was cancelled due to snow and blowing winds. ATTORNEY REPORT ORDlWANCE llQ !.+.64 Gagne moved, Stover seconded, to adopt the second reading of Ord- inance #140, removing "C", Subd.5., Sect. 2., repealing the helmet law on City Hockey Rinks. Roll Call Vote. Motion carried. 3 ayes - Gagne/Stover/Rascop, 2 nays - Shaw/Haugen. . 7:45 PUBLIC HEARING - SILVER RIDGE CONCEPT STAGE RESOLUTION NO. 14-85 Mr. Jim Bruce of Bruce Construction was present to discuss develop- ing 10 single family lots on 15.4 acres plus 2 Outlots, Outlot A to be a tennis court (serving only Lots 1 - 5, Block 1) and Outlot B to be a private road (serving only Lots 1 - 3, Block 2). The five lots to the West (1-5, Blk. 1) will be serviced off of Ridge Road and the five lots to the East (Lots 1-5, Blk. 2) will be serviced off of Covington Road. Mr. Bruce discussed each lot, and their driveways individually (see Planner's Report of February 1, 1985). Lots 1, 2 & 3, Block 1 - Mr. Bruce suggested that perhaps Lot 1 should own the driveway, with Lots 2 & 3 requiring easements. Mayor Rascop asked if the driveway could be included in Outlot A (Tennis court). Mr. Bruce said that might be an ideal solution to resolve the easement situation. Outlot B - Mr. Bruce specifically requested preserving the character and having this remain as a private road, due in part to the large pine trees running down both sides. He said the Homeowner's Agreement would state that they could not change the character or cut down any of the pine trees. . . . . COUNCIL MINUTES MARCH 11, 1985 page three Mr. Mike McCarthy, owner of the property to the south, said he definitely agrees with Mr. Bruce about maintaining the character as a private road. He has approximately 7 acres, 3~ of which is his homestead. He feels he could get 3 lots out of the remainder of the property. Two of the lots would access onto Ridge Road, leaving the possibility of one lot to be serviced at some time by Outlot B. Lots 4 - 5, Block 2 - Stover asked Planner Nielsen if he had a preference on separate or combined driveways on these two lots. He said he didn't have any preference, either way is fine. Engineer's Comments - (see Planner's Report dated February 1, 1985) Engineer Norton mentioned to Mr. Bruce that the 16" sewer line in Covington from manhole 1-8 to manhole 1-7 is slated to be replaced by Metro Waste Control Commission by an 18" sewer line sometime this summer. He felt Mr. Bruce may want to consider this while planning his building schedule. Engineer Norton felt service to Lots 4 & 5, Blk. 1 and Lots 1 & 2, Blk. 2 may have to be run down Outlot B. He suggested an ~" line, because if it would ever be turned over to the City this is the minimum size accepted. He also mentioned that all the pipe on Covington is owned by Metro Waste and, in order to tie into it, the City would have to draw a resolution requesting connection and there is a possibility that the request could be turned down. He said they requested that the City hook individual residences into laterals and request lateral hookup, rather than individual. He also said construction along Ridge Road is rather innovative and some of them should require structural review to make sure they're structurally sound. Attorney's Comment - Attorney Froberg showed some concern over multiple access onto a private road. He suggested a specific statement be put into the covenants stating that the City would not take over the private roaa unless it is brought up to City specifications. Public portion of the hearing was closed at 8:30 PM. Gagne moved, Stover seconded, to approve the Concept Stage with the following recommendations: 1. The attorney will be consulted regarding the driveway on Outlot B, private drive vs. right-of-way. 2. Variations or trade-offs on Lots 1, 2, and 3, Block 2 may be accepted. 3. The following Planner's suggestions and recommendations are nO to be followed: If\ \\.-. COUNCIL MINUTES MARCH 11, 1985 page four . a. Private Roads - the developer should incorporate a clause into his protective covenants stating that future owners would be aware that the City will not maintain or take over any private road until such time as it is brought up to City standards. b. Entry Plans for Outlot B - should be subject to review and approval by the City Engineer as part of the development stage of the P.U.D. c. Turnaround - there should be some provision for a turnaround at the south end of Outlot B. d. Lots 4 and 5 - Block 1 - If driveway grades of less than 10-12 percent can't be achieved on these lots, parking areas large enough for two cars will be required at the top of each lot. e. Lots 1, 2 and 3, Block 2 - the wetland area should be designated as an outlot and the City should require a drainage or conservation easement over it. . f. Lots 1, 2 and 3, Block 2 - it is suggested that the setback adjacent to the east side of the private road should be reduced to either 25 or 30 feet, also the rear yard setback for Lot 3. In trade for this advantage the City should prohibit any structures below a certain elevation. This elevation will be determined upon field inspection of the site. g. It is recommended that no structures should be allowed within the narrow part of Lot 2, Block 2. h. The panhandle containing the driveway for Lot 3, Block 2, should be eliminated. The driveway can just as easily be provided via an easement so that the 50 foot setback on Lot 2, Block 2 can be maintained. i. The existing outbuildings on Lot 3, Block 2, may be allowed to be maintained in their current location but they should be treated as nonconforming structures as far as expansion or structural change is concerned. The required rear yard should be reduced to increase the buildable area of the lot. As mentioned previously, this could be traded for a restriction on buildings below a determined elevation. j. Lots 4 and 5 - Block 2 - Driveways should be limited to one for each lot. Onsite turnarounds, as shown on the developer's concept plan, should be required to avoid backing onto the street. . COUNCIL MINUTES MARCH 11, 1985 page five . k. That the development agreement and protective covenants provide a means for informing future lot owners of what restrictions are imposed on their lots. 1. The development agreement should mention that the tennis court already exists as a nonconforming structure on Outlot A, and that the court, fencing and retaining wall can all be maintained. m. That the City would require that the alternate access be used on Lot 3, Block 1. n. Building permits must be reviewed and approved by the City Engineer if they are below the elevation of the road. Motion carried unanimously by Roll Call Vote. 8:00 PUBLIC HEARING - VARIANCE REQUEST - EXPANSION OF A NONCONFORMING STRUCTURE Mr. Thomas Gerald Hayes of 5550 Shore Road was present to request a 26' x 26' double garage, a covered porch giving access from the garage, and a deck. He said the Planning Commission had mentioned a survey, and that it is presently being done. He also said he can easily provide 2, possibly 3, off street parking spaces. . Q. Donna Watz - 20525 Radisson Inn Road - Will the road still be available as a fire lane in case of fire? A. Planner Nielsen - Yes, it will still be platted and accessible. Q. Pat Aubrecht - 20575 Radisson Inn Road - Is it possible to extend the road, some time in the future, to Lot 12? A. Planner Nielsen - Yes, it is still platted across the north end of Lot 11 and can be extended any time in the future. Q. Pat Aubrecht - Would the garage cut the road off? A. Planner Nielsen - No, he hasn't any plans for building in that area, and if he did the building code would prevent it. Q. Mayor Rascop - Where would offstreet parking be? A. Mr. Hayes - one on the east and two on the west of the house. Q. Stover - is Lot 11 buildable? A. Planner Nielsen - it is small and substandard, the existing easements are a problem. Shaw - There is an easement across the lot for residents in the Radisson Inn Addition-originally 26 people . . . . COUNCIL MINUTES MARCH 11, 1985 page six Mr. Hayes said his cars measure 19' so 24' in length would be acceptable, in fact may even make the turn easier. Mayor Rascop closed the Public portion of the Hearing. Stover moved, Shaw seconded, to accept the variance request for expansion of a nonconforming structure based upon the Planning Commission's recommendations stating: Planner's recommendation: 1. The applicant be required to submit an up-to-date survey showing the preciselocatlon and configuration of the existing structure anQ the proposed additions. 2. The applicant provide off street parking to accomodate two cars Oft II\. Planning Commission recommendations: 1. the garage be 24' in depth (north to south). 2. this be considered a hardship because: a. the climate b. special needs of the applicant 3. The fact that the neighbors involved favored his plans was also taken into consideration. Motion carried by Roll Call Vote. aye - Haugen (vote based upon Planning Commission recommendation), Shaw, Stover and Gagne; nay - Rascop ADMINISTRATOR'S REPORT Second in Command Council discussed getting a "second in command" at the City garage as soon as possible so they would have time to train before Don goes on vacation. Administrator Vogt was requested to post an opening for "Assistant Public Works Director", listing the qualifications desired. ~..cBBtr Fund Transfer Stover moved, Haugen seconded, to transfer the amount of $28,942 from the 1983 Special Levy excess in the Sewer Fund to the Water Fund. Motion carried unanimously. CDBG Year XI Allocation Year XI Funds have been tentatively allocated to: Rehabilitation of private property $ 13,380 Tree removal on public property 10,000 $ 23,380 There will be a Public Hearing to decide final allocation of this money on Monday, March 25, 1985 at 8:00 PM. COUNCIL MINUTES MARCH 11, 1985 page seven . Amendment to Year The Comprehensive is being amended, ation, and moving Property. There will be a Public Hearing on this Monday, March 25, 1985 at 7:45 PM. X Plan Implementation Allocation leaving $6000 in Comprehensive $4000 to Diseased Tree Removal of $10,00 Plan Implement- on Public MAYOR'S REPORT . Liquor Store Sign - Store #1 Liquor Store Manager Bill Josephson is requesting a 4' x 8' changeable message board sign. The sign on the roof would have to come down. It's possible that the pylon sign could remain. Rascop moved, Gagne seconded, to: 1. have Administrator Vogt order the drawings of the spec- ifications and to order the sign, 2. have Administrator Vogt do research on the Liquor Store area so total signage allowed can be figured, and return to the Council with the information, and 3. to hold the Public Hearing on the Review of the Zoning Ordinance on Monday, April 15, 1985 at 7:30 PM. Motion carried unanimously. Police Meeting - New Building There will be a meeting a Shorewood City Hall March 13, 1985 at 6:15 pm to discuss possible proposed new Police Department building. on Wednesday, sites for the (\ ~li Minnesota Association of Small Cities asked us to join. Jan Haugen said we are already represented in many other organizations and we didn't need additional representation. League of Minnesota Cities Haugen presented a questionaire from the League asking how the City feels about Revenue Sharing. The City does not use Revenue Sharing as part of its budget, only as Capital Improvement. Therefore the City can do without it as it is not a necessary part of the budget. Cable Executive Commi~tee Meeting Haugen invited Council to the Cable meeting Tuesday, March 12, 1985 . COUNCIL MINUTES MARCH 11, 1985 page eight ~ ASSESSMENT POLICY INFORMATION . . Administrator Vogt will try to have the information ready for the next meeting. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council Meeting of March 11, 1985 at 10:28 PM subject to approval of claims for payment. Motion carried unanimously - 5 ayes. General Fund Liquor Fund (Acct. # 00166) (Acct. # 00174) Respectfully Submitted Sue Niccum Deputy Clerk Checks #30111-30175 Checks # 3099- 3133 $84,347.45 $13,326.42 # ~ ff/e?-f9. .- "Mayor