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061085 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 10, 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 C~tY;Council was called to order by Mayor Rascop at 7:30 P.M., Monday, June 10, 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: Councilmembers - Mayor Rascop, Haugen, Shaw, Stover, and Gagne. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES SPECIAL MEETING - May 20, 1985 Haugen moved, seconded by Gagne, to approve the minutes of the Special Meeting of Monday, May 20, 1985 as written. Motion carried - 5 Ayes. BOARD OF REVIEW MEETING - May 23, 1985 Shaw moved, seconded by Haugen, to approve the minutes of the Board of Review Meeting of Thursday, May 23, 1985 as written. Motion carried unanimously - 5 Ayes. REGULAR COUNCIL MEETING May28~ 1985 Haugen moved, seconded by Shaw, to approve the minutes of the Regular Council Meeting of Tuesday, May 28, 1985 as written. Motion carried, 5 Ayes. MATTERS FRIDM THE Ft())(])R REQUEST FOR SWIMMING POOL ~ 5490 Valleywood Circle Carol Bauman of Valleywood Circle was present to request permission to install a swimming pool, that meets all setbacks according t'o the zoning district at the above address. She also agrees to fence in the pool in accordance with the Fence Ordinance. Shaw moved, seconded by Gagne, to approve the request as submitted. Motion carried ~ 5 Ayes. . . . REGULAR COUNCIL MEETING - 2 - JUNE 10, 1985 GARDENPATCH.C.U.P.~CharlesCrepeau RESOLUTION NO. 40~85 Charles Crepeau, owner of the building at 23425 Smithtown Road that houses the "Garden Patch" business, has been informed that the Conditional Use Permit issued to operate the Garden Patch will expire June 9, 1985, and that the current uses are in viola- tion of the C.U.P. as it was issued. Mr. Crepeau was present to request an extension of time in order to apply for rezoning and obtain a needed survey. Haugen asked if a time extension would also cover the uses not listed in the C.U.P. Attorney Froberg felt a 30 to 60 day extension was feas- ible. Some of the current uses will not be allowable uses under the zoning but can be allowed by C.U.P. Shaw moved, seconded by Stover, to extend the C.U. P .:for 30 days. Motion carried - 4 Ayes, 1 Abstain (Haugen), by roll call vote. REQUEST.FORSIMPLE-SUBDIVISION~ LAKE LINDEN DRIVE Joe Gorecki presented a request for a simple subdivision of the property north of the Sullivan Center, located at 24000 State Highway 7. Nielsen indicated that a grading plan was recently submitted and the Engineer has not had a chance to review it yet. Rascop would like to review the staff report and the Engineer's recommendation on the grading plan. Council tabled action until the staff report can be obtained. PUBLIC HEARING ~ SETBACK VARIANCE "c Kenneth Koester Mr. Koester of 24825 Amlee Road was present to request a variance to allow the placement of a garage 10' from the rear property line. Mayor Rascop opened the Public Hearing at 7:52 P.M. Council discussed with Mr. Koester the possibility of a relocation that would preserve the trees and the kitchen window, as were expressed concerns of the applicant. Gagne indicated that Mr. Koester has obtained signatures of adjoining property owners approving the location of the structure. After calling for public comments and receiving none, Mayor Rascop closed the hearing at 8:21 P.M. Gagne moved to allow a variance as requested, seconded by Haugen for discussion. Shaw felt there was a better solution and requested that the motion be withdrawn. Shaw moved, seconded by Stover, to table the variance request. Motion carried - 4 Ayes, 1 Abstain (Gagne). . . . REGULAR COUNCIL MEETING - 3 - JUNE 10, 1985 PUBLIC HEARING ~ VARIANCE TO-EXPAND A NONCONFORMING STRUCTURE ~-Roger Zaun RESOLUTION. NO. 41~85 Mayor Rascop opened the Public Hearing at 8:16 P.M. to hear a re- quest by RobertZaun of 5815 Ridge Road to expand a nonconforming structure. The existing structure does not meet the road setback but the expansion does not increase the nonconformity. After call- ing for public comments and receiving none, the Mayor closed the Public Hearing at 8:18 P.M. Haugen moved, seconded by Gagne, to approve the variance to expand a nonconforming structure. The variance was granted by roll call vote, 5 Ayes. PUBLIC HEARING.- VARIANCE TO EXPAND A NONcONFORMING.- STRUCTURE - Marvin. Boote RESOLUTION NO. 42~85 Mayor Rascop opened the Public Hearing at 8:20 P.M. by hearing a request from Jim McKinnon, representing Marvin Boote, in his vari- ance request to expand an existing nonconforming structure. This request does not expand the nonconformity. Rascop closed the Public Hearing at 8:21 P.M. after calling for public comments and receiv- ing, none. Stover moved, seconded by Gagne, to approve the variance as requested. Motion carried by 5 Ayes, by roll call vote. SIMPLE SUBDIVISION REQUEST --P~t~~ Holmberg Peter Holmberg would like to be granted a Simple Subdivision to divide and combine to realign the lot line of the properties located at 5955 Cajed Lane and 27055 Smithtown Road. He would like an ex- tension of 5 months on his request because the property located at 27055 Smithtown Road is in probate at this time. Attorney Froberg indicated that the division request would have to be made by the representative of the estate and Mr. Holmberg. Haugen moved, seconded by Gagne, to table until the next meeting for the purpose of clarification of the application. PARK COMMISSION REPORT Martey Jakel indicated that the Park Commission did not have a quorum but they did discuss the temporary installation of posts at the Manor Ball field until the fences can be installed. The posts would be to prevent vehicles from driYing on the field. The Commission would like the Engineer to study the water problem at the new Waterford area park land. Rascop moved, seconded by Haugen, to authorize Engineer to do a drainage study for the proposed park~ expense to come from the Park Fund. . . . REGULAR COUNCIL MEETING - 4 - JUNE 10, 1985 PARK_COMMISSION_REPORT_CContinued) Jakel is in the process of painting the Cathcart Park building and equipment with volunteer help from the neighborhood youths. The Council expressed their appreciation to the volunteers for their time given. PLANNING COMMISSION-REPORT The Planning Commission minutes are in this packet with the recom- mendations they made on issues that will be handled during this meeting. Stover reported that Mary Boyd has resigned from the Planning Commi- sion. Stover would like a notice placed in the local paper inform- ing the residents of the vacancy on the Commission. SIGN PERMIT.,.. I.C.O. Tom Wilharm of the I.C.O., located at 5680 County Road 19, presented a request for signage. Attorney Froberg stated that this request does not comply with the present ordinance and it cannot be consid- ered under the new ordinance until it has been published in the offi- cial city newspaper. He indicated that he could also request a vari- ance requiring a public hearing if he chooses not to wait for the ordinance publication. Haugen moved, seconded by Shaw, to table Mr. Wilharm's request to the Council Meeting of July 8th. WESTLAWNII .,..FINAL.PLAT APPROVAL RESOLUTION NO. 41-85 George Larson of 26405 Smithtown Road was present to ask for Final Plat Approval for his subdivision, Westlawn It. The subdivision has met the requirements of the Planner and the City. Attorney Froberg has requested that Mr. Larson submit a "title opinion" to him for review. Shaw moved, seconded by Gagne, to approve the final plat subject to approval of the "title opinion" and any and all fees and assessments. due the City. Final plat was approved by a roll call vote - 5 Ayes. PUBLIC-HEARING--=- VARIANCE TO-EXPAND A NONCONFORMING STRUCTURE---20940 Ivy.Lane RESOLUTION NO. 44.,..85 A request to expand a nonconforming use was made by Scott Tompkins of 20940 Ivy Lane. The Public Hearing was opened by Mayor Rascop at 8:45 P.M. . . . REGULAR COUNCIL MEETING - 5 - JUNE 10, 1985 PUBLIC.HEARING-~-20940-rvy-Lane-(Continued) Mr. Tompkins explained his request to replace the existing flat roof with a peak roof, also to add a deck to the Lake William side of his home. The deck would meet the sideline setbacks according to the ordinance but would be 60' from the lake. The interum ordinance re- quires a 75' setback from the lake. Planner Nielsen recommended the approval of the roof replacement but tabling the deck request. The 'Mayor asked for public: comment. After receiving none, he closed the public portion of the hearing at 8:50 P.M. Stover moved, seconded by Haugen, to approve the variance request to expand a nonconforming structure and to grant a variance of a 60' set- back from the lake for the installation of a deck. Variances approved by roll call vote - 5 Ayes. SIMPLE SUBDIVISION...,-.Jim Heiland RESOLTUION NO. 41..,.8l Jim Heiland of 25605 Smithtown Road received approval for a simple subdivision in August of 1984~ granted by Resolution No. 55-84. He has returned to request a new resolution for filing, to include drain- age and utility easements that had not been acquired at the time of the last approval, and to coincide the dates on the resolution with the development contract. Shaw moved, seconded by Gagne, to approve the simple subdivision in accordance with Resolution No. 55-84 and to include the drainage and utility easements required. Motion carried by roll call vote - 5 Ayes. COUNCIL BREAK - 8:55 - 9:05 NEAR MOUNTAIN ADDITION REQUEST FOR WATER SERVICE FROM MINNETONKA Peter Pflaum requested the Council to submit a letter to the City of Minnetonka supporting his request for a temporary water connection for 90 homes or four (4) years service. This request would be the same request that Minnetonka has under consideration for the Trivesco project. Attorney Froberg reviewed the steps that T~ivesco agreed to, prior to the City requesting the temporary water service for that project; the development contract, preliminary platting, and water franchise agree- ment. Mr. Pflaum does not feel these agreements are pertinent at this time. He would like to make changes in his plat and needs to know if the water service can be obtained in order to determine his final platt- ing. Pflaum has done a feasibility study to determine that Minnetonka's water system is adequate to service the 90 connections he is requesting. Shaw had concerns that Minnetonka may table the Trivesco request if a second request is received at this time. . . . REGULAR COUNCIL MEETING - 6 - JUNE 10, 1985 NEAR MOUNTAIN ADDITION REQUEST (Continued) Haugen questioned the possibility of him going together with Trivesco for a joint well for both projects. Pflaum wants ac)separate system in order to maintain control of his own system. Shaw moved, seconded by Haugen, to direct the Administrator to request Minnetonka for temporary water service for 90 units or four (4) years service whichever comes first. Motion carried - 5 Ayes. KENNEL, LICENSE REQUEST ~ Jane.K1ine Ms~Krrine came to the Council requesting a Kennel license for her 6 or 7 dogs. She plans to purchase the property located at 5990 Straw- berry Lane and plans to install a large fenced in area to keep her dogs. Attorney Froberg felt the current ordinance does not allow for non "show dogs" as she is requesting. Stover questioned the possibility of granting aJ variance or possible ordinance change to grant her request. Gagne moved, seconded by Shaw, to deny the request. Motion carried 4 Ayes, 1 Naye (Stover). Stover would like to see some alternatives to the present ordinance reviewed. PLANNERS REPORT COVINGTON VINE RIDGE EXTENSION OF P.U.D. A'!;"eqUe,s't has been made to'!;", a six mon'thex'teIts ion iEblt 'the LiJi Pi. U . D . rezoning. The pro jec't has been sold and some changes may be made, but they intend to proceed with the project. Haugen moved, seconded by Gagne, to approve the six month extension. Motion carried - 4 Ayes - 1 Abstain (Stover). SHOREWOOD OAKS".. EXTENSION OF PRELIMINARY PLAT A request to extend the filing for preliminary plat approval for six months has been made. The project plan is progressing but an extension of time is needed. Haugen moved, seconded by Gagne, to approve a six month extension. Request approved - 4 Ayes, 1 abstain (Stover). J{jNK.cOMPLAINT.UPDATE .,' C',C ',"'" "',',', " I Planner Nielsen and a Police officer will be inspecting the Blood property again this week on ordinance violations. Minnetonka Yacht Club has cleaned up their violation. The Glen Road complaint has also begun cleaning up their property. . . , REGULAR COUNCIL MEETING - 7 - JUNE 10, 1985 ATTORNEY'S REPORT FINDINGS OF FACTS .,.. SHOREWOOD YACHT CLUB On request from the Council, Attorney Froberg reviewed the back- ground and the court decision granting the right to operate the Shorewood Yacht Club. Haugen questioned what rights the court granted the Yacht Club. Froberg felt that if changes were made that were listed in the C.U.P., that the Council would have the chance to review. Rascop also referred to the contract signed with the new owners, Snug Harbor, listing all their conditions for that operation. ENGINEER'S REPORT CATHCART AREA STREET AND STORM SEWER PROJECT Engineer Norton submitted variations in construction types and costs for road improvements and installation of storm sewer for the Cathcart area. Council asked him to clarify the various types of construction methods and the longevity of each type of construction. Council would like to see additional information on benefited areas and cost to those residences. It has also been suggested by the Public Works Director that a ten (10) year Capitol Improvement Project be implemented beginning with the 1986 budget. Staff will return with suggested ways of assessing this project to determine the feasibility of the improvement. WATERFORDPROJECT 84.,..5 .,.. CHANGE ORDER #3 Engineer Norton explained the various changes in the contract plans and recommended approval of change order #3. Haugen moved, seconded by Gagne, to approve the change order as submitted. Motion carried - 4 Ayes (Stover temporarily abs~nt). SEAL COATING COST ESTIMATE Engineer Norton submitted a list of roads recommended for seal coating this year in the total amount of $54,700. Council dis- cussed using the $66,000. surplus in the 1984 budget, recommended by the auditor, to be placed in a contingency fund. Gagne moved, seconded by Rascop, to authorize the Engineer to draw up specifications and advertise for bids. Motion carried - 5 Ayes. REGULAR COUNCIL MEETING - 8 - JUNE 10, 1985 . ADMINISTRATIVE REPORT PHOENIX GARDENS ~ WINE/SUNDAY AND 3.2 SALE RESOLUTION NO. 37-85 Shaw moved, seconded by Gagne, to grant Phoenix Gardens a Wine, Sunday Sale and Non-intoxicating Malt Liquor License subject to approval of insurance coverages. Motion carried by roll call vote - 5 Ayes. REFUSE COLLECTION PROPOSALS Council reviewed the five (5) alternative suggestions for types of removal. Rascop added #6 - "Post all roads to a 4 ton limit". After discussion of the alternatives, the general concensus was to direct the Administrator and Attorney to draft an ordinance reflecting the procedures in alternative #2. FRANCHISE DISCUSSION MEETING AT MINNETONKA Council directed City Attorney Froberg to attend the Minnetonka City Council where they will be discussing the Water Franchise Agreement with Trivesco of June 24, 1985. . BUDGET AMENDMENT Stover moved, seconded by Gagne, to amend the Budget to transfer $16,482. from the Council contingency fund to the Public Works budget to cover increased wages, on-call expenses, overtime, and wage increase for Assistant Public Works Director. Motion carried - 5 Ayes. REQUEST TO CLEAR FIRE LANE A request has been received from William Dixon to clear the Grant Lorenz Road "fire lane" for summer use. Council denies the request until the "fire lane ordinance" is in tact. The City crew will be directed to clean up the junk and diseased trees on that property. REQUEST TO CLOSE CITY OFFICE - JULY 5 Council denied the request to close the city office on July. 5th, to be used as an employee vacation day. MAYOR1S REPORT POLICE FORMULA. MEETING . A request has been made for two representatives from Excelsior and Shorewood to get together to discuss a new police formula for the new contract. Haugen and Shaw volunteered but feel that once the meeting date is set that there should be representatives from Tonka Bay and Greenwood asked to attend. REGULAR COUNCIL MEETING - 9 - JUNE 10, 1985 . MAYOR'S REPORT (Continued) PLANNING COMMISSION RESIGNATION ~ MARY BOYD Mary Boyd has submitted her resignation from the Planning Commi- sion effective July 2, 1985. She will be moving out of town. POLICE. CONTRACTS Rascop reported that the Police Contracts are ready to be settled and that an agreement has been with Sargeant Hodgdon for a two year contract. COUNCIL REPORT CABLE COMMISSION A part-time (20 hour week) has been hired to administrate the Cable Commission at a rate of $10,000. a year. CHECK ZONING VIOLATION Council directed the Planner to check on possible zoning violation at the Skipperette. . APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Shaw, to adjourn the Regular Council Meeting of June 10, 1985 at 11:35 P.M., subject to approval of claims for payment. Motion carried ~ 5 Ayes. General Fund - Acct #00166-02 Liquor Fund - Acct #00174 Checks 30567-30634 " 3468- 3517 $375,610.23 50,393.30 Respectfully submitted, Sandra L. Kennelly City Clerk ~~~ Mayor Rascop .