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072285 CC Reg Min .' . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 22, 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., Monday, July 22, 1985 in the Council Chambers. PLEDGE OF ALLEGIANCE & PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL. CALL Present: Mayor Rascop, Councilmembers - Stoyer, Gagne, Haugen, and Shaw. Staff: Attorney Penberthy, Engineer Norton, Planner Nielsen, Administrator Vogt, Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the minutes of the Regular Council Meeting of July 8, 1985 as corrected. Motion carried - 5 Ayes. AGENDA AMENDMENT Shaw moved, seconded by Haugen, to amend the Agenda by moving item 14C, to be dealt with between items #6 & #7. Motion carried - 5 Ayes MATTERS.FROM.THE FLOOR JUNK COMPLAINT Mrs. Towne of 24770 Smithtown Road sited what she felt were 5 violations of City Ordiances items made by Steve Evans at 24725 Smithtown Road. Planner Nielsen responded by informing her of hllis letter of July 10, 1985 asking the residents to remove all commercial and unlicensed vehicles. He will be doing a reinspection of those violations on July 26, 1985. "NO TURN" SIGN COMPLAINT Mrs. Betty Smith of 20175 Manor Road, expressed her disapproval of the newly placed signs on Hooper Lake Road in Deephaven. These signs prohibit right hand turns from Vine Street onto Hooper Lake Road between 7:00 - 9:00 A.M. and no right turn . . . REGULAR COUNCIL MEETING - 2 - JULY 22, 1985 "NO TURN COMPLAINT (Continued) from Excelsior Blvd. onto Hooper Lak~ Road between 4:00 - 6:00 P.M. Ms. Smith and her husband questioned the legality and feel that a public through street should be open to the public. Sto~er directed the Administrator to contact the! Ci~y of Deephaven and discuss this problem. JUNK. COMPLAINT Ed Bergslien complained about junk problems on Blood's, Evan's, and Minnetonka Country Club's vacate a ILotOIli Sm,ithtown Road. Planner Nielsen updated him on the progress on Blood's and Evan's and he will schedule an inspection of the Country Club property. CONSENT AGENDA REGIONAL. TRANSIT BOARD.CANDIDATE RESOLUTION NO..49 ~85 Jan Haugen has been recommended for candidacy on the Regional Transit Board, by resolution. PUBLIC. WORKS APPOINTMENT ~ CHARLES DAVIS. The Council approved the appointment of Charles Davis to the Public Works Department as recommended by Vogt and Zdrazil. PROJECT 84~5 ~ WATERFORD 7 CHANGE ORDER #5 Change Order #5 in the amount of $954.80 additional was approved for Kenko, Inc. - Project #84.5 Waterford. STREET PROJECT #84-2 7 PAYMENT VOUCHER.#4 Payment Voucher #4 was approved for payment in the amount of $52,080.11 to Valley Paving, Inc., for street Project #84-2. WATERFORD PROJECT #8475 7 PAYMENT VOUCHER #5 Payment Voucher #5 was approved for payment in the amount of $68,443.16 to Kenko, Incorporated for Waterford - Project 84-5. Gagne moved, seconded by Shaw, to approve all items listed under the Consent Agenda. Motion carried - 5 Ayes. PUBLIC HEARING ~ SIMPLE SUBDIVISION LOT WIDTH VARIANCE RESOLUTION NO.-50~85 Larry Samuelson, on behalf of Mr. & Mrs. Willaim White of 5865 Glencoe Road presented a request for a simple subdivision REGULAR COUNCIL MEETING - 3 - JULY 22, 1985 . LOT WIDTH-VARIANCE (Continued) to divide off a lot, Lot 3, from Lots 5 & 7. Lot 3 needs a lot width variance allowing a lot width of 80'. The hearing was opened by Mayor Rascop at 7:48 P.M. and closed after receiving no public comment at 7:50 P.M. Stover moved, seconded by Haugen to approve the simple subdivision and grant the lot width variance as requested. Motion carried - 5 Ayes by Roll Call Vote. PUBLIC HEARING (Continuation) RESOLUTION NO. 51~85 SIMPLE SUBDIVISION 7 LOT AREA VARIANCE The continuation of the Public Hearing to hear a request from Daryl Trones of 26220 Wild Rose Lane was reopened at 7:55 P.M. and closed at 7:58 P.M. with no public comments. This division had previously received approval in 1979 but was never recorded. Gagne moved, seconded by Sto~er, to approve the simple subdivison and grant the lot area variance by Roll Call Vote - 5 Ayes. . PRELIMINARY AND FINAL PLAT APPROVAL JOHN PETRON -4865 SUBURBAN DRIVE RESOLUTION NO. 52~85 John Petron was present on his request to divide the property owned by Eileen Saleme of 4865 Suburban Drive into 2 lots. Mr. Petron has agreed to comply with the 5 recommendations made by the Planner Nielsen. Nielsen indicated that preliminary plat approval is needed instead of a simple subdivision approval, because the division was prepared as a plat. Final plat approval will be subject to staff approval. Sto er moved, seconded by Haugen, to approve the preliminary and final plat subject to Planning Committee and Planner's recommendations, with final plat approval made after staff review. Motion carried unanimouslv - 5 Aves. STATUS REPORT ~ LOT 11,-RADISSON INN ADDITION ~~ Residents requested that this item be returned to the orginally scheduled agenda to enable the attendance of other residents. CONDITIONAL USE PERMIT BERNARDWHETSON ~ 5835 EUREKA ROAD . Mr. Whetson has requested a Building Permit to add a handicap bathroom to his house. He is now requesting a Conditional Use Permit to add onto a non-conforming structure. The . .. . REGULAR COUNCIL MEETING - 4 - JULY 22, 1985 BERNARD WHETSON (Continued) existing structure does not meet the setback requirement of the zone. He is also requesting a C.U.P. for a special home occupation because he runs his business out of his home. He has a 1 man landscaping and grading business, and stores his equipment on the site. Mr. Whetson's daughter pleaded with the Council to allow the issuance of the Building Permit for the much needed bathroom facility and not make the business operation compliance required before issuance of the Building Permit. She did not feel that the compliance of a "grandfathered" business use should have any effect on the Building permit. Council reviewed the Planning Commissions and Planner's recommendations. Bob Reutiman objected to requiring changes to be made to a business that has been "grandfatheredrl in. He also felt that the gravel driveways should not have to be altered. C.U.P. FOR SPECIAL HOME OCCUPATION RESOLUTION NO. 53~85 Stover moved, seconded by Haugen, to grant the C.U.P. for his home occupation subject to the 4 recommendations listed in Planner's Report dated July 7, 1985. Items #2 and #3 will have a 1 year time compliance and Item #1 will have 3 years to comply. Motion carried by Roll Call Vote - 5 Ayes. C.U.P. TO. EXPAND NON-CONFORMING STRUCTURE RESOLUTION NO. 54~85 Haugen moved, seconded by Gagne, to grant a C.U.P. to expand his non-conforming structure. Motion carried - 5 Ayes. DEVELOPMENT.STAGE APPROVAL - GIDEON'S ORCHARD~ P.U.D. , {(L RESOLUTION NO. 55~85 Kristen Spencer-Barney and Tom Barney were present to request Development Stage approval for their proposed P.U.D. to be located at 5620 County Road #19. They have agreed to the Planner and Engineer's recommendations. They have requested a grading permit now, prior to final approval. Gagne moved, seconded by Haugen, to approve the development stage plan subject to Planner's recommendations, approved by Roll Call Vote - 5 Ayes. Shaw moved, seconded by Gagne, to grant the grading permit at this time, subject to the approval of the Building inspector. Motion carried - 5 Ayes. . . . REGULAR COUNCIL MEETING - 5 - July 22, 1985 WEDGEWOOD-DRIVESTREET REPAIRS Mr. Jim Dutcher came before the Council to determine when repairs will be done to Wedgewood Road. Mr. Dutcher owns six rental units that he built at the end of that road. He developed that area and installed that road, as well as Mallard Lane and Teal Circle. He felt that the City has been ne~l~gehtirrnot seal coating this road in 10'yearsstBce~he turned it over to the City. Engineer Nor_ton explained the plans for .the replacement of the road. His estimate of $117,000 would include proper drainage and a replacement 9 ton road. Mr. Dutcher submitted est~m~tes for overlay for 3 or 4 ton road from $19,000 to $34,000. Shaw moved to table further discussion until the previously authorized soil borings can be done on Wedgewood Road. Mr. Dutcher requested to be notified when the boring will be done. PLANNING COMMISION REPORT Stov9r reviewed the Planning Commission Minutes for the past meeting. Mayor Rascop scheduled the appointment of ~ new member for August 12, 1985. ENGINEERfS REPORT CATHCART AREA TIME SCHEDULE Engineer Norton presented a time schedule for Cathcart area road improvementlstorm sewer project. Gagne felt the problem of weight restriction should be determined first to eliminate further road deterioration. SOUTHEAST AREA WATER SYSTEM TIMETABLE Engineer Norton submitted a time schedule for the installation of the SE developments of the City. Council authorized the update of the water feasibility study. SHOREWOOD OAK'S FINAL PLAT APPROVAL RESOLUTION NO. 56-85 Geoff Martin, Paul Johnson, and Ray Brandt representing the Shorewood Oak's project discussed the Engineer's and Planner's recommendations f0r obtaining final approval. Engineer Norton reviewed the question of drainage. He made recommendations to provide for the gradual discharge of storm sewer run-off as not to adversely affect the residents near the drainage path. He felt a new storm water drainage plan drawing should be submitted by the developer. . . . REGULAR COUNCIL MEETING - 6 - July 22, 1985 SHOREWOOD-OAK'S FINAL PLAT APPROVAL (Continued) Council reviewed the Planner's 6 Recommendations, making some alterations and added #7, subject to recommendation from Minnehaha Watershed District. Gagne moved, seconded by Haugen, to approve the final plat of Shorewood Oak's subject to the 7 recommendations discussed. Plat approved by Roll Call Vote - 5 Ayes. WATERFORD/VINEHILL ROAD TURN OFF LANE ALTERATION The south bound turn off lane has been reduced to 196' after a meeting at the site. The original length was determined unnecessary. SEALCOATING ~ PROJECT 85-2 Engineer Norton submitted a time table to complete 7 1/2 miles of the road sealcoating project. Alternate bids will be drawn to offer 2 classes of rock to be used. Gagne moved, seconded by Haugen, to approve specifications and authorize the advertisement of bids. Motion carried - 5 Ayes. ATTORNEY'S REPORT NAEGELE SIGN Attorney Froberg informed the Council that he has not received further communications from the Naegele Sign Company. PLANNER'S REPORT CREPEAU STATUS REPORT Nielsen indicated that Mr. Crepeau has requested the appro- priate zoning and permits, but some additional information must be obtained prior to acting on. Due to the time that it is taking to acquire all the necessary items for rezoning, the C.U.P. extension to operate the Garden Patch will need to be extended again. The Planning Commission recommended an additional 30 days. C.U.P. EXTENSION TO GARDEN PATCH RESOLUTION NO. 57-85 Gagne moved, seconded by Stoner, to extend the C.U.P. for an additional 30 days to continue the operation of the Garden Patch. Motion carried - 4 Ayes, 1 abstain (Haugen) . . . REGULAR COUNCIL MEETING - 7 - JULY 22, 1985 PETITION OPPOSING HELIPORT A petition has been received signed by 24 of the residents of Shady Island, stating their opposition to the installa- tion of a heliport at 5000 Shady Island Point. Nielsen has sent a letter to the applicant informing him that the City Ordinances do not allow heliports. He has not received any further communications from applicant to date. COUNCIL BREAK - 10;25 PM - 10:30 PM STATUS REPORT ~ LOT 11, RADISSON INN ADDITION Attorney Penberthy reviewed for the Council the legal opinion drawn by his associate Paul Ahern, on the builda- bility of Lot 11, Radisson Inn Addition. Attorney Ahern felt the lot could still be buildable and still provide for easements to the bathing beach. City has indicated that the lot is currently non-conforming because of the lack of square footage required by the zoning. Residents in the area were present to express their concerns that this property remain as it has in the past. Paul Siefert explained that this lot currently is used for park and beach use by approximately 30 or more surrounding residences thorough easements granted to them in their deeds. These easements were granted to all of the lots within the Radisson Inn Addition in 1940. The property was later turned over to a caretaker (Mr. Hayes) for $1.00. The property owner's later formed an Association. Gerry Hayes had agreed to sell the lot to the Association for $1.00 but sold to Roy Ahern for a reported cost of $13,000.00. Concerns were also heard from David Walker, Carol Seifert, Ralph Olmstead, Paul Albrecht, Phylis Burns, and Russ Stewart. The residents feel they have a right to continue the use as given in their deeds and a home on that site would prohibit that use. They also feel that there may be some misinformation given to prospective buyers by not being told about the easements. Haugen would like to see all information given to the Planning Commission prior to their acting on this issue. . . . REGULAR COUNCIL MEETING - 8 - July 22, 1985 KISER VARIANCE EXTENSION RESOLUTION NO. 58~85 Kiser's received a variance to add to a boat house one year ago. They would like an extension of their variance at this time. Haugen moved, seconded by Gagne, to grant a 6 month extension of their variance. Motion carried by Roll Call Vote - 5 Ayes. BLOOD COMPLAINT STATUS Nielsen signed a formal complaint with the Court on July 15th. The Sheriff was given the complaint to serve Mr. Blood, he then will have to enter a plea. Penberthy than reviewed the various steps that could take place. He expected a September Court date. TINGEWOOD P.U.D. REVOCATION RESOLUTION NO. 59-85 Nielsen has sent letters to the people involved with the Tingewood Project informing them that he has revoked the j", building permit and to comply with the clean up of safety violations and removal of a trailer from the site. Gagl1ile questioned whether a certificate of occupancy has been issued. Nielsen stated no certificate' has been issued and the property can not be sold for occupancy at this time. Haugen moved, seconded by Stever, to revoke the PUD zoning, as recommended by Planner Nielsen, and return this area back to its original zoning. Also, thati all violations be taken care of or the City will go in and take care of the safety violations and charge it back to the property owner. Re- vocation was approved by roll call vote - 5 Ayes. Mr. Tom Barney informed the City of the bank involved with the project. The bank will also receive notification of the proceedings. METRO SEWER CONNECTION REQUEST A r~quest has come from the City of Victoria to allow a sewer connection to the Metro line in Shorewood on West 62nd Street on the Victoria side. Gagne moved, seconded by StoNer, to approve the request subject to the Engineers review. Motion carried - 5 Ayes. ADMINISTRATIVE REPORTS ASSESSORS CONTRACT RENEWED Gagne, moved seconded by Shaw, to approve the assessing contract with Rolf Erickson for a one year period from . . . REGULAR COUNCIL MEETING - 9 - JULY 22, 1985 ASSESSORS CONTRACT RENEWED (Continued) September 1, 1985 - August 31, 1986 at $18,800.00 yearly cost. Motion carried - 5 Ayes. WATER SERVICE AGREEMENT UPDATE - WATERFORD Council reviewed the new draft of the water agreement with Minnetonka to supply water to the Waterford project. Changes in this draft include a $50,000 Bond to be supplied by Shorewood to insure that Shorewood will install their own well to service this area, and the requirement that Shorewood withdraw their traffic study from consideration of the Metro Council and MnDOT until the completion of a corridor study. They want Shorewood to participate in the new study and give Shorewood credit for the money already expended for their study. Council then discussed variations of the agreement for the submittal to Minnetonka.Council will support the agreement with the ommission of the traffic study issue. Th~y feel the two issues are not related and should be dealt with separately. CATHCART DRIVE REPAIR Stover moved, seconded by Gagne, to support the recommendation of the Public Works Director and authorize a 3" overlay be done on Cathcart Drive at an approximate cost of $10,000.00. Motion carried - 3 Ayes - 2 Nayes (Shaw and Rascop) MURFIN PROPERTY APPRAISAL Council discussed a possible bid price for the property adjacent to the City garage. It has been suggested by a local real estate person, that the value may range from $2 - $5 a square foot in the Highway 7/101 area. This would reflect a price of $56,000.00 on the low end of $2.00 a square foot. Stover moved, seconded by Gagne, to expend $500.00 for an appraisal, to include the cost of removing the existing oil tanks. Motion carried - 4 Ayes, 1 Naye (Rascop) FINANCE COMMITTEE ANALYSIS Special meeting will be held on July 24, 1985 at 7:30 P.M. between the Finance Committee and the council. WELL STUDY COMMITTEE DIRECTION Council would like the Committee to make recommendation as how to best handle the existing wells, in the best interest of the . . . REGULAR COUNCIL MEETING - 10 - July 22, 1985 WELL STUDY COMMITTEE DIRECTION (Continued) City. Council directed Administrator Vogt to make a request on behalf of Gideon's Orchard to obtain water service from Tonka Bay. ACCOMMODATIONS ~ JAN HAUGEN Ai Albrecht requested that Jan Haugen received high accommo- dation for her work as the Chairperson of the Cable Commission. MAYOR'S REPORT HENNEPIN COUNTY PARK RESERVE MEMBER Rascop moved, seconded by Haugen, appoint Bob Gagne to the Hennepin County Park Reserve. Motion carried - 5 Ayes. METRO. WASTE CONTROL BUDGET MEETING Mayor Rascop and Administrator Vogt attended the MWCC Budget Setting meeting. COUNCIL REPORT STREET LIGHT REQUEST Dr. Stephen Larson requested that a street light be placed at the end. of Shore Road. Rascop moved, seconded by Gagne, to approve the installation. Motion carried - 5 Ayes. INJURED CAT Jan Haugen authorized the hospitalization of a cat that was injured. The owner was unknown. APPROVAL-OF-CLAIMS AND ADJOURNMENT Gagne moved, seconded by Shaw, to adjourn the Regular Council Meeting of July 22, &985 abH2 :30 A.M., subject to approvaL of claims payment. Motion carried ~ 5 Ayes. General Fund - Acct. #00166-02 Checks 30758-30854=$358,242.51 Liquor Fund- Respectfully submitted, " 3638- 3711= 36,968.29 Acct. #00174- ko4d~~~- Sandra L. Kennelly, City Clerk Mayor Rascop