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040885 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 8, 1985 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 7:30 P.M. on Monday, April 8, 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 Gagne, Haugen, Shaw, and Stover. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES Haugen moved, seconded by Stover, to approve the minutes of the regular Council meeting of March 25, 1985 as corrected in the 4It official minute book. Motion carried - 5 Ayes. PLANNING COMMISSION REPORT Councilmember Stover attended the Planning Commission meeting of April 2, 1985. She indicated the Commission reviewed Siver Ridge P.U.D. and a Simple SUbdivision/Variance request from Ralph Robin- son and held Public Hearings on Westlawn II and Lan-De-Con. PARK COMMISSION REPORT Councilmember Gagne reported on the Commission setting a new Parks and Recreations Capital Improvement Program listing their priorities on park improvements. This was necessary to make an application for a LAWCON Grant. They also discussed Park Fees from the Westlawn II fire ring cost, M.A.A. touch football contract and life raft repair costs for Crescent Beach. SILVER RIDGE P.U.D. - DEVELOPMENT STAGE/PRELIMINARY PLAT METRO SEWER - REQUEST FOR CONNECTION RESOLU~ION NO. 17-85 RESOLUTION NO. 17A-85 . Council revi:ew.ed tihe staff . report and the recommendations made by that report. Mr. James Bruce, the developer, asked the Council to consider accepting varying road width from 12" to 16' on Outlot B, this would enable him to retain the mature tree lines that exist. Attorney Froberg had no objection to the width because the road will have limited users and will remain private. He recommended a specific width limitation set and not an "average" width. 8:00 PUBLIC HEARING - Ralph Robinson SIMPLE SUBDIVISION/VARIANCE REQUEST Mayor Rascop opened the Ralph Robinson Public Hearing at 8:13 P.M. Mr. Robinson of 28190 Woodside Road was present to make his request for a simple subdivision of his property into 3 lots and road front- age variance. This same request was made by a previous owner (Donald Rippel) and approved in 1980, but was never filed with the County. Rascop called for public comments and after receiving none he closed the public portion of the hearing at 8:15 P.M. Council asked if there was a need to acquire additional footage from this property to add to the existing cul-d-sac for added radius. Planner Nielsen felt the current width of 80' was sufficient. r .:45 4It . COUNCIL MINUTES - 2 - APRIL 8, 1985 PUBLIC HEARING - Mike Halley Mayor Rascop announced that the 7:45 P.M. Public Hearing on a set- back variance request from Mike Halley was postponed by Mr. Halley. SILVER RIDGE P.U.D. (Continued) Stover moved, seconded by Gagne, to accept the development stage preliminary plat subject to a 12' minimum pavement width over Outlot B, receipt of Watershed District approvals (Minnehaha and Riley purgetory) and in accordance with all staff recommendations. Motion was denied. 3 Nays - 2 Ayes (Stover and Gagne) Shaw reviewed the Planning Commission recommendation requesting a 16' width on the proposed road. Stover then withdrew the portion of her motion stating "a 12' minimum pavement width over Outlot B" - and added to her motion that "the road width recommendation be returned to the Planning Commission for further review". Gagne seconded the motion amend- ment. Motion carried by roll call vote - 5 Ayes. RESOLUTION NO. 18-85 Stover moved, seconded by Gagne, to approve the simple subdivision and variance request for lack of road frontage subject to the Plann- ing Commission and Staff recommendations. Motion carried unanimous- ly by roll call vote - 5 Ayes. PARK COMMISSION REPORT (Continutation) Conrad Schmid of the Park Commission reviewed tne Commission's priorities to be submitted in the LAWCON Grant application. Mr. Schmid made requests of expenditure of funds for "fire rings" and beach raft repairs. He also reviewed the proposed touch foot- ball contract with the Minnetonka Athletic Association for the use of Badger Field. Haugen moved, seconded by Shaw, to direct Administrator Vogt to discuss further with Tonka Bay, the raft repairs or purchase of a new raft for Crescent Beach; also to obtain estimates on cost of repairs on each of our damaged rafts. Motion carried - 5 Ayes . . . COUNCIL MINUTES - 3 - April 8, 1985 Rascop moved, seconded by Haugen, to authorize the expenditure of $200 by the Public Works Department for installation and material for a "fire ring" at Cathcart Park. Gagne moved, seconded by Stover, to draw and authorize the sign- ing of a contract between the City and the M.A.A. for the use of Badger Field for touch football, two timesa week, and to include proof of insurance coverage. Motion carried, 4 Ayes - 1 Abstain (Shaw) . LAN-DE-CON INC. - CONDITIONAL USE PERMIT RESOLUTION NO. 19-85 Mark Laberee and Rodney Johnson were present to make their request for a Conditional Use Permit to operate a tree farm on their prop- erty (3 parcels) located on the N.W. corner of State Highway 7 and Eureka Road. He proposes to raise trees, etc. on the property for his sale and use through his landscape business located in Tonka Bay. There would be no retail sales off of this piece of property. Planner, Brad Nielsen, reviewed the Zoning Ordinance referring to farm and truck gardens. Attorney Froberg felt that this qualifies under farming use and is allowable within the residential district by a C.U.P. Mr. Laberee would like to erect a temporary garage on this property for storage of equipment needed for the "tree farm". Haugen moved, seconded by Gagne, to grant the C.U.P. for the tree farm, subject to combination of his 3 parcels, no truck access on Eureka Road, and limitation of operation hours from 8:00 A.M. to 8:00 P.M. Motion carried unanimously. Rascop would like to reinstate some type of reforestation program within the City and asked Mr. Laberee's cooperation to discuss this with the City Clerk. Mr. Laberee agreed. WESTLAWN II - PRELIMINARY PLAT George Larson and his Engineer, Mark Gronberg, presented a request to the Council for preliminary plat approval for 4 lots, serviced uirectly on Smithtown Road and the residue property platted as an outlot at this time. One of the lots has a completed home on it. The Council discussed extensively with the Planner and Engineer the storm water drainage problems and directions of flow for the area surrounding this project. These problems will have to be addressed specifically with the second phase of the project but the Engineer did not feel that the 4 lot request at this time will add any im- pact on the current drainage area. Gagne moved, seconded by Stover, to approve the preliminary plat for 4 lots and 1 outlot, subject to all staff recommendations. Motion carried - 5 Ayes. B REA K 9:25 - 9:33 P.M. COUNCIL MINUTES - 4 - APRIL 8, 1985 . PLANNER'S REPORT HOWARD;' S POINT MARINA REQUEST FOR BUILDING PERMIT A request from Howard's Point Marina to install a sanitation pumpout station has been received. The Marina is currently a Nonconforming Use within a Residential District. Council dis- cussed whether or not this was an enlargement to the noncon- formity. Shaw moved, seconded by Haugen, to direct the Howard's Point Marina to apply for a variance Permit or apply for rezoning for Marina use. 4 Ayes, 1 Abstain (Stover). Planner to inform to Conditional Use Motion carried. . TRIVESCO DEVELOPMENT AGREEMENT REVIEW Attorney Froberg and Planner Nielsen reviewed varying changes in the development agreement. Changes were discussed at a joint meeting of the developer and the staff and then drafts were re- written. The present draft,ithatithe Council has, has changes within the contract that the staff didn't review. Attorney Fro- berg recommended that a special meeting be set to do a thorough review of this agreement. Council pointed out areas of concern; traffic study costs, and repayment schedules; possible delinquent assessment payments; water supply agreement with Minnetonka and franchise agreement with Trivesco, letter of credit to cover the installation of a water system at the termination of the water supply from Minnetonka; and what developments should be included within the water franchise. Council set a special meeting for 6:30 P.M., Thursday, April 8, 1985 for the discussion of the Development Contract with Water- ford. ADMINISTRATIVE REPORT BID OPENINGS - ARTICULATED 4 WHEEL DRIVE LOADER RESOLUTION NO. 20-85 Bids were received and opened at 10:00 A.M., April 1, 1985 for a new articulated loader. Recommendation to accept the bid in the amount of $49,785 from Ziegler Inc. was made by Public Works Director Zdrazil because the equipment meets the specifications as advertised for. Council discussed the lower bid received from Case but agreed that it did not meet the specifications. . Stover moved, seconded by Gagne, to accept the bid from Ziegler Inc. in the amount of $49,785 as recommended. Motion carried 4 Ayes, 1 Abstain (Haugen). . . . COUNCIL MINUTES - 5 - APRIL 8, 1985 UTILITY TRACTOR RESOLUTION NO. 21-85 Bids were received and opened at 11:00 A.M., April 1, 1985 for a new utility tractor. Zdrazil recommends the acceptance of the bid from Toro MTI Distributing Company in the amount of $9,537. This bid represents the lowest bid and exceeds specifications as requested. Haugen moved, seconded by Gagne, to award the bid to Toro MTI in the amount of $9,537. Motion carried unanimously, 5 Ayes. REQUEST FOR GARAGE IMPROVEMENTS Public Works Director Zdrazil requested to have the shop office and restroom tiled for improved sanitation. Rascop moved, seconded by Gagne, to direct Zdrazil to check the budgeted amounts and obtain cost estimates before proceeding with improvements. PLANNER'S REPORT (Continuation) ERIC DANSER - BUILDING PERMIT REQUEST Planner Nielsen informed the Council of an alteration of building plans previously submitted by Eric Danser, of 21640 Lilac Lane. The plans now call for a two story structure. The Council granted a variance to expand a nonconforming structure in October of 1984 but the application referred to a one story structure. The ground area dimensions will not change from the original variance. Rascop moved, seconded by Gagne, to approve the building permit on the grounds that it does not increase the nonconformity from the variance as previously granted. Motion carried, 5 Ayes. ADMINISTRATIVE REPORT PARKS AND RECREATIONS IMPROVEMENT PROGRAM COMPREHENSIVE PLAN AMENDMENT RESOLUTION NO. 22-85 Administrator Vogt presented a 5 Year Parks and Recreations Capital Improvement Program. The Council reviewed the schedule of planned expenditures and to include the $93,500 purchase of park property for the S.E. quadrant of the City under park acquisition. Shaw moved, seconded by Gagne, to accept the 5 Year Parks and Recreations Capital Improvement Program and a Comprehensive Plan Amendment adopting the program, also to include the $93,500 park acquisition cost. Motion carried by roll call vote - 5 Ayes. . . . COUNCIL MINUTES - 6 - APRIL 8, 1985 CORRIDOR STUDY MEETING Planner Nielsen will be attending a Corridor Study meeting at the Metropolitan Council on April 16, 1985 and asked for direction from the Council as to their position. The Council directed him to inform Metropolitan Council that the City will cooperate by means of information that we have already acquired from our present Traffic Study and the past 12 years of working at various attempts to improve the Vine Hill intersection without cooperation from adjoining cities. We will be supportive to Minnetonka and/or Deephaven if they proceed with a Corridor Study, but we choose not to incur additional expenses for further studies. GREENWOOD/DEEPHAVEN MERGER The Minnesota Municipal Board has approved the proposed merger of Greenwood and Deephaven. This proposal will have to be approved by the City Councils and then will go to the residents for a final vote. STATE MANAGER CONFERENCE Administrator Vogt requested permission to attend the State Manager's Conference on May 15 May 17. This is a budgeted item. Council supported his request. MAYOR'S REPORT CROSS COUNTRY FOOT RACE A letter was received from "The Easy Banks, (Wayzata and Minnetonka) for permission to have runners use Shorewood roads again this year for a bank supported foot race. Shaw moved, seconded by Stover, to approve the request as submitted. Motion carried - 5 Ayes. COUNCIL REPORTS FINANCE COMMITTEE Stover reported on a motion from the Finance Committee in opposition of requiring a 15 year contract with the police to insure lease pay- ment to cover bonding if the Shorewood site is chosen and a new Po- lice Department building is constructed by Shorewood. Discussion of Comparable Worth requirements were reviewed by Steve Frazier. The committee requested that the Finance Director do quarterly budget reviews. Council ipdicated that Vogt can direct this request to Finance Director, B$~k. The Committee also discussed obtaining a list of all delinquent taxpayers in the City. Council not in total support at this time. . . . COUNCIL MINUTES - 7 - APPROVAL OF CLAIMS AND ADJOURNMENT APRIL 8, 1985 Rascop moved, seconded by Shaw, to adjourn the Regular Council Meeting of April 8, 1985 at 12:00 P.M., subject to the approval of claims for payment. Motion carried - 5 Ayes. General Fund Liquor Fund Respectfully submitted, SANDRA L. KENNELLY City Clerk - Account #00166-02 - Account #00174 Checks #30304-30371 " # 3257- 3304 ~~?~ Mayor Rascop