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082685 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 26, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M IN UTE 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, August 26, 1985 in the City Hall 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 - Stover, Gagne, Haugen, and Shaw. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. . APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the minutes of the Regular Council Meeting of August 12, 1985 as corrected. Motion carried - 5 Ayes. MATTERS FROM THE FLOOR ZELLER POOL REQUEST A request from Minnetonka Pools for Vern Zeller of 5060 Shady Island Point was made. Planner Nielsen indicated that the re- quest met all setbacks and does include fencing as required by the City Ordinance. Gagne moved, seconded by Haugen, to approve the building permit to install a pool and include fencing as required. Motion carried - 5 Ayes. CONSENT AGENDA MINNETONKA ATHLETIC ASSOCIATION CONTRACT APPROVAL Stover moved, seconded by Shaw, to approve the Athletic Association Contract to use the Badger Field for football. Motion carried- 5 Ayes. . PLANNING COMMISSION REPORT Stover reported that the Planning Commission Member Richard Spellman has volunteered to be the representative from the Planning Commission REGULAR COUNCIL MEETING - 2 - August 26, 1985 . PLANNING COMMISSION REPORT (CONTINUED) on the Garbage Control Committee. Stover referred to the Planning Commission minutes of August 20, 1985 for further information. PARK COMMISSION REPORT Committee members Kooi and Carl were present to request the Council to direct the Engineer and City Staff to proceed with plans for the grading of Freeman Park. The Park Commission has been offered approximately 12,000 yards of fill from the Shorewood Oaks project. The contractor is willing to do the grading of the fill free of charge. The improvements would include a new ballfield, soccer field, two parking areas and a new driveway entrance. The final finishing of the Babe Ruth field will be done as a Hennepin County Vocational Project, and funds up to $10,000.00 have been offered by the Tonka Men's Club. Carl felt that this would give the City $100,000.00 worth of work completed for $10,000. He felt the Park Commisssion would be more than willing to change their present priorities and allocate their money towards Engineering expenses for this project. . Council questions possible ways to be insured good fill quality and the quality of the work that would be received. Gagne moved, seconded by Shaw, to direct the Engineer and Staff to proceed with plan revisions and staking of the property immediately, and that a memorandum be drawn and signed by the contractor, stip- ulating project plans. Motion carried - 5 Ayes. C.U.P. AND SETBACK VARIANCE-~ ROY AHERN Mr. Roy Ahern presented his request for a C.U.P. permit to build a 15,670 square foot lot in a R-1C zoned area requ~r~ng 20,000 square feet and a setback variance of 65' from the lake. The lot is located at 5540 Shore Road. Mr. Ahern feels that he should be granted the variance because his first plan was submitted prior to July 1st when the Ordinance requiring only a 50' setback was in affect. He also feels the 65' setback would have his home in line with the homes on either side. Planner Nielsen indicated that Mr. Ahern has presented a new plan of a contempory design that would not require a setback variance. This plan is not preferred by Mr. Ahern. . A very lengthy discussion followed in referance to the easement over Lot 11, Radisson Inn Addition, granted to the off shore property owners of the Radisson Addition. Comments were taken from REGULAR COUNCIL MEETING - 3 - AUGUST 26, 1985 . C.U.P. AND-SETBACK VARIANCE ~ ROY AHERN (CONTINUED) residents, Paul Seifert, David Walker, Robert Segal, John Burns, and others reviewing the history and their opinion of the original intended use of Lot 11. The attorney for the Homeowners Association, Robert Soskin, did not feel the lot was intended to be built on and that the easements were granted over the entire lot not just a restricted portion of that lot. City Attorney Froberg's opinion is that the lot was a buildable lot if it can meet the requirements of the zoning district. Residents stated that the Council has denied variances for building additions in the area and felt that they should also deny this request. They feel the valuations of their property will all go down if this property is not allowed to remain as it has been for the past 40 years. This has been used for picnics, swimming, boating, and family gatherings. Stover questioned the definition of "a lot of record" and "intended for occupancy" and how were "Outlots" referred to in very old plats. Attorney Froberg did not know how Outlots were indentified in 1930 plats and also did feel that zoning definitions of "types of lots" could be interpreted in various manners. DENIAL OF VARIANCE ~ ROY AHERN RESOLUTION NO. 68-85 . Stover moved, seconded by Gagne, to deny the variance due to the submittal of a plan by the applicant that proves that a variance for setback is not needed. Denial approved by roll call vote - 5 Ayes. DENIAL OF C.U.P. - ROY AHERN RESOLUTION NO. 69~85 Shaw moved, seconded by Gagne, to deny the request for a C.U.P. to build, and to direct the Attorney to draw Findings of Facts in this matter. Resolution was denied. 3 Ayes, 2 Nayes (Rascop and Haugen) by roll call vote. COUNCIL BREAK - 9:42 P.M. - 9:48 P.M. C.U.P. - CREPEAU DOCKS A request has been received from Mr. Crepeau and his attorney for an extension of time to submit signage information and a boundary survey. Gagne moved, seconded by Stover to continue the existing C.U.P. until the September 9, 1985 Council meeting. Motion carried - 4 Ayes, 1 Nay (Haugen). DONATION OF LAKE ACCESS - CHRISTMAS LAKE ASSOCIATION . A proposal to donate a lake access and site plan was presented to the Council by the Christmas Lake Association. This site would consist of 3 car/trailer parking spaces, 10 additional car spaces, . . . REGULAR COUNCIL MEETING - 4 - AUGUST 26, 1985 DONATION OF LAKE-ACCESS - CHRISTMAS LAKE ASSOCIATION (CONTINUED) and an access ramp. The development of this site would be completed by the Association with some help from the Public Works Department. Council had concerns about traffic congestion on Merry Lane and Radisson Inn Road. Merry Lane is a private road and the plan indicated that all cars will have to back up onto the street from their park- ing spaces. They also feel the cars may use Radisson Inn Road to turn around in. A meeting with staff was held that also reviewed design, private road access, and parking area problems. Shaw questioned whether the City was willing to become involved in the lake access issue between the DNR and the Christmas Lake Association. If the DNR is not satisfied with this access and goes ahead with their plans to place an access on the "Brooks" property, this access will then revert back to the Association._ALLthetimeand expe_nse to date will be lost by both the City and the Association. Gary Carl spoke for the Park Commission and felt that the Commission would support the maintenance cost in order to obtain a lake access. Council discussed possible changes within the proposal and heard concerns from property owners Carol and Bob Anderson and a repre- sentative of Interstudy. They had questions on control of traffic, road maintenance, and possible blockage of the road because of lack of parking facilities at this site. Haugen moved, seconded by Gagne, to send the proposal to the Planning and Park Commissions for their recommendation, to be returned to the Council on September 23, 1985. Motion carried - 5 Ayes. ATTORNEY'S REPORT BLOOD PROSECUTION Arraignment was last week, and Mr. Blood did not appear. A bench warranty will be issued, the police will then pick him up and bring him into court. EVANS COMPLAINT Attorney Frober~ has sent a letter to Mr. Evans regarding the use of his property as a double living unit. Froberg has not received any response to date. TRIVESCO WATER SERVICE The water agreement with Minnetonka has been completed, bond posted, and the water service to Waterford has been turned on. Final corrections in the Development Agreement will be made. Additional variances will be listed for 2 lots due to sewer easements that go through these lots. . . . REGULAR COUNCIL MEETING - 5 - AUGUST 26, 1985 ATTORNEY'S REPORT (CONTINUED KENNEL ORDINANCE DRAFT Council reviewed the 1st draft of the Kennel Ordinance. Stover submitted a list of items she would like to see incorporated into the 2nd draft. Second draft will be brought back to the Council on september 9, 1985. ENGINEER'S REPORT ACCEPTANCE OF UPDATED WATER FEASIBILITY STUDY FOR S.E AREA RESOLUTION NO. 70-85 Engineer Norton submitted an updated report that has calculated new cost estimates, properties to be assessed, total units, and unit costs. Shaw moved, seconded by Haugen, to accept the revised water feasibility study. Motion carried by roll call vote - 4 Ayes, 1 Nay (Stover). AUTHORIZATION TO PREPARE PLANS AND SPECIFICATIONS FOR PROJECT NO. 84-4 - SE AREA TRUNK WATER RESOLUTION NO. 71-85 Gagne moved, seconded by Haugen, to authorize the Engineer to proceed with the preparation of plans and specifications for Project No. 84-4 - SE Area Trunk Water System, deep well, pump house, and storage, and trunk watermains. Motion carried by roll call vote - 4 Ayes, 1 abstain (Stover). EUREKA ROAD DRAINAGE Engineer Norton met with Neil Mann and Bernie Whetson to discuss the drainage problem in their area. Norton felt that a large channel would have to be cleaned out of all obstructions and be maintained and kept clean on a yearly basis in order to correct the problem. Easements will have to be obtained in order to do the job. Shaw questioned where the responsibility of this should lie, on the owners or the City. Haugen would like a detailed cost estimate. Size of easement and temporary or permanent easement were questioned. Gagne moved, seconded by Haugen, directed the negotiations with the property owners to obtain easement should be started at this time. Motion carried - 5 Ayes. . . . REGULAR COUNCIL MEETING - 6 - AUGUST 26, 1985 ENGINEER'S REPORT (CONTINUED) CULVERT CLEAN OUT A request from Mrs. Cindy Marr of 6015 Chaska Road to fill in the drainage ditch in front of her house has prompted a discussion of culvert cleaning under her driveway. The Engineer feels the filling of that ditch will only create additional erosion to her driveway and the next driveway to the north; he recommends the culvert be cleaned and made operable. Council directed the Public Works Department to clean out the culvert and local both ends of this culvert. They feel this culvert was an old culvert installed by the Highway Department at the time that this portion of the road was an extension of old Highway 7, and may not be responsibility of the property owner. KRAGNESS SEWER.AND WATER REQUEST A request for sewer and water service has been received from Sheila Kragness of 6185 Mill Street. Her property is on the boundary of Chanhassen. Staff has obtained necessary information from Chanhassen stating they feel the connection of service would not be feasible. Council directed the Engineer to proceed with supplying sewer service to this property by tunneling under Mill Street. COVINGTON VINE RIDGE M.W.C.C. APPLICATION RESOLUTION NO. 72~85 A request from the Covington Vine Ridge Project to have Shorewood make a request to the M.W.C.C. for them to connect to their line. Gagne moved, seconded by Shaw, to pass a Resolution and make the application for connection on behalf of Covington Vine Ridge. Motion carried by roll call vote - 5 Ayes. WATER REQUEST - 6100 APPLE ROAD Tom Kordonowy of 6100 Apple Road would like to extend a water line from the Woodhaven Well to his home at 6100 Apple Road at his own expense. Gagne moved, seconded by Haugen, to approve the extension for water as requested. Motion carried - 5 Ayes. PLANNER'S REPORT KOEHNEN COMPLAINT Nielsen sent letters to occupant Beryl Niccum and owner Harlan Koehnen of the property located at 23690 Gillette Curve in reference to a State Statue that requires suppljing water to occupied residences. This home currently has no water supply. No response to the letter has been received to date. . . . REGULAR COUNCIL MEETING - 7 - AUGUST 26, 1985 PLANNER'S REPORT (CONTINUED TINGEWOOD P.U.D. UPDATE No new correspondence or action on the compliance of cleaning up the items required before a reconsideration of reinstating the P.U.D. zoning has transpired on the Tingewood Project. KISER VARIANCE Planner Nielsen indicated that Kiser's have changed their plans for the lake area improvements. Kisers feel their variance covers these changes, Nielsen does not. Shaw feels this is a change and requires a new variance application, and the building permit should be denied at this time. ADMINISTRATIVE REPORTS BUDGET UPDATE Revenues have been determined. Budget meetings with the department heads will be completed by mid-week. Budget meeting will be held at 5:30 P.M on September 9, 1985. MURFIN PROPERTY APPRAISAL An appraisal of the property is presently being done. A sewer easement has been documented but no water easement has been found to be filed. GARBAGE. COLLECTION COMMITTEE A meeting will be held with the Committee and the local haulers to discuss ways to regulate overweight vehicles on City streets. This meeting will be held at 6:30 P.M on August 27, 1985. MAYOR'S REPORT LMCP A public hearing was held by the LMCD on reducing the number of boats allowed to be docked by dock owners from 4 to 2. At this time, no recommendations have been submitted. POLICE BUDGET ~ 1986 Rascop reported on the budget approved by the Police Committee of Mayors. Shaw and Haugen felt that the approval was in direct violation of the proposal to allow the City Council to be able to review the budget prior to approval. Gagne, Stover, and Shaw are in opposition to the addition of a new officer. Shaw would like a letter sent to the police department stating disapproval of the addition to the department. .' . . REGULAR COUNCIL MEETING - 8 - AUGUST 26, 1985 COUNCIL REPORTS CABLE COMMISSION Haugen indicated that a new Administrator has been hired for the Cable Commission. Shaw questioned the availability of obtaining the use of an unused channel for Minnetonka High School. Haugen indicated the School is within another cable system. WATER SERVICE Gagne questioned the feasibility of the Shorewood Oaks project being hooked up to the Boulder Bridge well. Engineer will prepare cost estimates for installation of a water line from Boulder Bridge to service this project. Vogt to discuss with Bond Counselor, "end load" payments to be incorporated into bonding if this project is to be considered. MUNITECH Shaw would like to see quarterly reports on service and response on work done for the City. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Haugen to adjourn the Regular Council Meeting of August 26, 1985, subject to approval of claims for payment, at 12:43 A.M. - August 27, 1985. Motion carried - 5 Ayes. General Fund - Acct. # 00166-02 Liquor Fund - Acct. # 00174 Checks 30934-30996 $100,096.64 $ 13,892.80 " 3778- 3819 Respectfully submitted, Sandra L. Kennelly City Clerk 4~~~ Mayor Rascop