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051385 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 13, 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., May 13, 1985 in the Council chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne, and Haugen. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Adminis,trator Vogt, and Clerk Kennelly. . APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the minutes of the April 22, 1985 meeting as corrected in the official minutes book. Motion carried - 5 Ayes. MATTERS FROM THE FLOOR . DOCK INSTALLATION REQUEST Alberta Olson of 25775 Birch Bluff Road was present to ask the Council for permission to install a dock on the public access at Eureka Road and Birch Bluff Road. Stover reported that the Planning Commission was currently writing the rules for each of the accesses and has recommended a dock use at that location. Nielsen indicated that the new ordinance controlling those accesses is not completed. HaMgen moved to hold the request until the ordinance has been drafted. Gagne seconded for discussion. Stover feels that the ordinance adoption procedure may take a good portion of the summer and temporary permission to install the dock may be in order, subject to removal if the new ordinance dictates. Shaw felt th~y are pre-determin~ng the Planning Commission recom- Wrehda t i on . Gagne felt that we promised a decision by this spring. ft~~lB~n can schedule a June 4th Public Hearing date for the ordinance review. Motion was denied - 1 Aye (Haugen) - 4 Nayes . . . REGULAR COUNCIL MEETING - 2 - MAY 13, 1985 Shaw moved, seconded by Gagne to allow the installation for this year only, under the "grandfathering" clause, with compliance to the ordinance when adopted. Motion carried - 5 Ayes VARIANCE REQUEST - Marvin Boote Attorney Jim McKinnon was present to clarify a request from Mr. Boote for a building permit to add onto his home at 24340 Yellow- stone Trail. Planner Nielsen indicated that the existing home is a nonconforming structure so a variance is necessary. The Public Hearing will be set for June 4, 1985 for his variance request. SITE PLAN APPROVAL RESOLUTION NO. 25 - 85 ROBERT PIERCE - 5540 COUNTY ROAD 19 Nick Ruehl was present to explain the proposed new plan for the construction of multiple dwellings to be located at 5540 County Road 19. At this time, he is requesting to build one unit of the proposed 4 unit plan. Council asked questions on water supply, drainage plans, utility sizing, easements for utilities, phasing of the project and time table for completing and holding pond sizing. At this time, the zoning allows for the requested building. He will be pursuing the P.U.D. zoning for further development. Gagne addressed the concern of what controls could be set under the P.U.D. if this structure sets possible presidence for the rest of the proposed project. The issue of separate ownership of the units was also addressed. The Council then reviewed the planner's recommendations needed for approval. Haugen moved approval of the site plan for one 4 unit building as requested, subject to planner's recommendation, dated May 5, 1985. 1. Site plan adjustment to comply with zoning requirement for future buildings. 2. City Engineer to approve grading, drainage, utility plans, sewer lateral extension; all to be at the developer's expense. 3. Performance Bond or letter of credit at 150% of the estimated costs of the improvements. 4. Attorney opinion of financial capability. 5. Parking and driveway areas should be paved and striped. Rascop offered additional amendments: 6. Acquire easements necessary for sewer utilities. 7. No outside storage of anything other than occupants vehicles. Haugen and Stover accepted the amendment as offered, site plan approval was granted by roll call vote - 5 Ayes. REGULAR COUNCIL MEETING - 3 - MAY 13, 1985 .:45 PUBLIC HEARING SETBACK VARIANCE DENIAL MICHAEL HALLEY ~ 24000 STRATFORD PLACE Mayor Rascop opened the Public Hearing at 8:25 P.M. to hear a request from Michael Halley for a 10' variance to create a 25' setback at 24000 Stratford Place. RESOLUTION NO. 26 - 85 Haugen moved, seconded by Gagne, to table until Mr. Halley or his representative are present. Haugen withdrew her motion to table due to Halley receiving proper notice and audience attendance on this issue. Gagne accepted. Mr. Kumme of 22035 Stratford Place asked for a clarification of the request, Nielsen responded. Stover indicated that the Planning Commission did not approve the variance, stating that a different arrangement would eliminate the need for a variance. Mrs. Plies, 23080 Stratford, and Mrs. Paris, 23000 Stratford, were also in opposition to the granting of the variance. The Mayor closed the public portion of the hearing after calling for further comments, at 8:32 P.M. Stover moved, seconded by Gagne, to accept the Planning Commission recommendation to deny the request due to lack of hardship proven. Motion carried by roll call vote - 5 Ayes. .:00 PUBLIC HEARING - Handy Estate RESOLUTION NO. 27 - 85 SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE SUSAN BONTHIUS (HANDY ESTATE) 27190 EDGEWOOD ROAD Mayor Rascop opened the Public Hearing at 8:33 P.M. to hear a request from Nancy Schatzle, a guardian of the Handy Estate, for a simple sub- division with a lot width variance. Hearing{nopublic comments, the public portion of the hearing was closed at 8:35 P.M. Nielsen reviewed the need for the variance on lot width due to the configuration of the lagoon inlet. Attorney Froberg recommended to grant the variance to the trustees of the Handy Estate as applicants and personal representatives in accordance with the will. Shaw moved, seconded by Haugen, to approve the simple subdivision and grant the variance of 33' on the lot width, .subj ect to providing LLO.' drainage and utility easements and obtaining Minnehaha Creek Water.... shed Districtl;approval. Motion carried by roll call vote - 5 Ayes. . PARK COMMISSION REPORT Carol Butterfield, Park Commission member, indicated that the Commission was continuing their study on Manor, Badger, and the new park, to be located in the S.E. quadrant of the City. . . . REGULAR COUNCIL MEETING SUPPORT NEW LOCATION OF POLICE DEPARTMENT FACILITY - 4 - MAY 13, 1985 RESOLUTION NO. 28 - 85 Alan Albrecht, Mayor of Greenwood, was present to enlist the support of the Shorewood City Council in approving the Excelsior site (East of McDonalds on State Highway 7) as the first selection for the new location of the Joint Police Department building. The Council discussed various subjects that may effect the current police department Joint Powers Agreement: 1. Deephaven/Greenwood Merg~r 2. Change in the term of the Joint Powers Agreement. 3. Possible formula changes 4. Cost of Excelsior site and who will pay for and retain owner- ship of the site. 5. Past and present police budgeting procedures. 6. Period of time to obtain control of the proposed site. Shaw moved, seconded by Gagne, to endorse the site selection located EAst of McDonalds on State Highway 7 in Excelsior at no costs to the other cities in the Joint Powers Agreement and to obtain control of the property within 180 days of this resolution and in accordance with the proposed resolution hereby submitted to the City Council. Motion approved by roll call vote - 4 Ayes, 1 Naye (Haugen felt the expense of the site was unfair to the Excelsior residents.) B REA K (:30 - 9:35 P.M. CONSENT AGENDA CONTRACT APPROVAL The contract for the use of the City fields were approved and signed with Tonka Babe Ruth and South Tonka Little League. VIDEO UPDATE SIGN APPROVAL A request for signage in accordance with the Sign Ordinance was approved for Video Update at 19455 State Highway 7. SOUTHSHORE SENIOR CENTER ADVISORY BOARD APPOINTMENT Mrs. Rosella Schmidt of 23975 Yellowstone Trail was appointed to the South Shore Senior Center Advisory Board as a representative for Shorewood. Haugen moved, seconded by Rascop, to approve the items as listed above. Motion carried - 5 Ayes. . REGULAR COUNCIL MEETING - 5 - MAY 13, 1985 SHOREWOOD VIDEO SIGN PERMIT Mr. Kenneth Lund of Shorewood Video, in the Shorewood Shopping Center, was present to make a request for a new permanent 2' x 10' canopy sign and a 3' x 4' temporary sign, for a two week period, to advertise the existence of the store. Shaw moved, seconded by Gagne, to approve the permanent 2' DC 10' canopy sign and the temporary sign for a period of two weeks. Motion carried - 5 Ayes. GERRY HAYES VARIANCE CLARIFICATION Planner Nielsen and Mr. Hayes informed the Council of some interior changes made on hls previously granted variance request. These changes do not alter the size of the expansion. Shaw moved, seconded by Haugen, to approve the plan change. Motion carried - 5 Ayes. . SILVER RIDGE FINAL PLAN REVIEW The Council reviewed the Silver Ridge Development Contract. Nielsen ~nd Froberg went through the changes that have been made eince last presented. Exhibits, final plat~ building setbacks, and the inter-. section of Old Market Road and Covington Road were reviewed. FrobErg went through theDri vewe.y Declaration of Easement also. Counciltabledanyi.:eurthera~t,:Lon until the next agenda, to obtain and review all finalized materials. WATERFORD FINAL PLAT APPROVAL RESOLUTION NO. 29 ~_85 Gagne moved, seconded by Stover, to adopt the Resolution submitted to include an amendment within item #2 to read: 2. That the approval is specifically conditioned upon the terms and conditions as contained in the Developer's Agreement between the City of Shorewood and Trivesco, dated the 12th day of May, 1985. Resolution adopted by roll call vote - 5 Ayes. WATERFORD DEVELOPMENT AGREEMENT RESOLUTION NO. 30 - 85 Haugen moved, seconded by Stover, to accept the Waterford Development Agreement as submitted. Motion carried by roll call vote - 5 Ayes WATERFORD REZONING ORDINANCE NO. 165 . Stover moved, seconded by Gagne, to waive the second reading and adopt the ordinance, amending Ordinance #77, for the purpose of rezoning the area identified as "Waterford" to a P.U.D. Motion carried by roll call vote - 5 Ayes REGULAR COUNCIL MEETI~ - 6 - MAY 13, 1985 . WATER SERVICE AGREEMENT RESOLUTION NO. 31 - 85 The Council reviewed the Water Service Agreement submitted by the City of Minnetonka. Council reworded the last sentence in Item #10 to read: "The letter of credit shall be issued to Shorewood and shall be maintained for one year after the acceptance of the system." Haugen moved acceptance, as corrected. Stover seconded. Haugen then added amendment, "subject to review and agreement with the Minnetonka ordinance." Stover accepted. Water Service Agreement was approved by roll call vote - 5 Ayes. WATER FRANCHISE ORDINANCE REVIEW The ordinance was submitted for discussion. Mr. Mason felt that further review with City Staff was necessary before returning for a first reading of the ordinance. Gagne moved, seconded by Rascop, to table and refer back to staff. Motion carried, 5 Ayes. STORM WATER ASSESSMENT POLICY RESOLUTION NO. 32 - 85 . Stover had questions about storm sewer district, as referred to in the Comprehensive Storm Sewer Plan, "Would an entire district be assessed if a project was done or reassessed if a second project was done in the same district?" Engineer Norton indicated, that only the area needing the improvements would be done and reassessment could only be done if it could be proven that additional benefit was de- rived by that property. Gagne moved, seconded by Haugen, to adopt the Storm Water Assessment Policy omitting the "2nd alternative of the final paragraph." Motion carried, 4 Ayes, 1 Naye, (Stover). ATTORNEY'S REPORT MINNETONKA COUNTRY CLUB/Steve Ramsey Letter Froberg informed the Council of a letter received from Mr. Ramsey, Haven Enterprises Inc. He is asking for a letter from Shorewood assuring his investors that Shorewood will give them courtious con- sideration in their request for rezoning for a multiple zoning use for a portion of the Minnetonka Country Club property. They are in the process of trying to purchase this property. Nielsen directed them to apply for rezoning but felt the city is unable to make any committments in writing. . PAUL AHRENS ADDED TO ATTORNEY'S STAFF Attorney Froberg informed the Council of the addition of Paul Ahern to the firm of Froberg & Penberthy. He will be instrumental in deal- ing with the City's prosecutions. . . . REGULAR COUNCIL MEETING MAY 13, 1985 - 7 - ENGINEER' J REPORTS PROJECT NO. 84 - 5 PAYMENT VOUCHER #3 Engineer Norton recommended payment of Estimated Voucher #3, Project No. 84-5, in the amount of $23,939.59 to Kenko Inc. Shaw moved, seconded by Rascop, to approve for payment as recommended. Motion carried - 5 Ayes. STREET REPAIR PROJECT Engineer Norton will return with a list of streets for this year's, repairs. Zdrazil and Norton have prioritized the list and an esti- mate of available funds have been submitted to them. COUNCIL REPORTS A.M.M. meeting being held on May 30th at the Sheraton Midway. Haugen requested the Planner to obtain information on the Condi- tional Use Permits issued to the Garden Patch and Howards Point Marina. Mike Fonte of the Well Study Committee has asked for direction of the purpose of this Committee. Rascop stated that the purpose is to determine what should be done with the existing wells - " in the best interest of the City". Information should be obtained on their own or through the Administrator. A part-time Building Inspector may be needed to handle some plumb- ing/heating etc. inspections, temporarily. This was a budgeted item. ADMINISTRATOR"S REPORT PUBLIC WORKS DEPARTMENT RESIGNATION Roger Day has submitted his resignation, to take another position. Council discussed replacement or part-time replacement. Rascop, Shaw, and Haugen feel no replacement is necessary and they support a five man crew and Munitech. Gagne and Stover support a 6 man crew and Munitech. No replacement will be added at this time. Budget amendment should be adjusted to reflect a 5 man crew and return to Council. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Rascop, to adjourn the Regular Council meet- ing of May 13, 1985 at 12:35 A.M., May 14th, subject to the approval of claims for payment. Motion carried - 5 Ayes. . . . HEGULAR COUNCIL MEETING - 8 - MAY 13, 1985 General Fund - Acct #00166-02 Liquor Fund - Acct #00174-02 Checks 30435 - 30513 Checks 3373 - 3418 Respectfully submitted, Sandra L. Kennelly City Clerk <<~~ Mayor Rascop