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090985 CC Reg Min REGULAR COUNCIL MEETING - 2 - MONDAY, SEPTEMBER 9, 1985 . BUDGET REVIEW (CONTINUED) Council and Finance Committee discussed the over all increase of 7.3%, one area of increase was in insurance costs from $17,000 to $45,000. Budget review will continue on Wednesday, September 18, 1985 at 7:00 P.M. Budget meeting adjourned at 7:28 P.M. M I NUT E S - REGULAR MEETING CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:42 P.M. on Monday, September 9, 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 - Gagne, Haugen, Shaw, and Stover. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES Shaw moved, seconded by Gagne, to approve the minutes of the regular council meeting of August 26, 1985 as amended. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Edward Bergslein questioned the status of his complaint on the vacant lot on Smithtown Road owned by Minnetonka Country Club. Nielsen stated the only violation was noxious weeds. A notice has been sent to the Country Club for removal or cutting. PLANNING COMMISSION REPORT Stover reported on the discussion to grant a variance to expand a non-conforming structure but denied the setback variance for the American Legion. They felt that a redesign could eliminate the need for a setback variance. The Legion felt they needed the setback variance in order to add an adequate area for a . dining room facility. . . . REGULAR COUNCIL MEETING - 3 - MONDAY, SEPTEMBER 9, 1985 PARK COMMISSION REPORT Gagne reported on the meeting between the Shorewood Oaks Engineer and Contractor and the City Engineer, Planner, and Administrator. The plans are to begin work on Shorewood Oaks within a week to 10 days. The fill and grading will begin on the ballfield first. The Commission reviewed the proposal from the Christmas Lake Association of the donation of a public access to the City on Christmas Lake. The Commission rejected the proposal do to the site design, size, and private road access (Merry Lane). They would like to see if the DNR plans would be a more suitable site. VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE - AMERICAN LEGION RESOLUTION NO. 73-85 Paul Christensen presented a request for a setback variance and a variance to expand a non-conforming structure for American Legion Post #259 located at 24450 Smithtown Road. Planner Nielsen indicated that a sideline setback of 15' is required by Ordinance, not the 10' that was presented at the Planning Commission. The Planning Commission would like to see a new plan complying with the 15' setback. Mr. Christensen would like to request only the addition to the west at this time. This would require a variance to add to a non-conforming structure. Haugen moved, seconded by Gagne, to approve the variance to expand a non-conforming structure. Motion carried - 5 ayes by roll call vote. CONDITIONAL USE PERMIT - JOHN MEADER RESOLUTION NO. 74-85 Mr. Meader presented a new plan to build a car wash facility at 24425 Smithtown ROad. His or~ginal request required a setback variance. At the suggestion of the Planner and Planning Commission, he has revised his plan involving additional cost to him, and has eliminated the need fora setback/variance. S.t.over moved, seconded by Gagne, to approve his C.U.P. permit for a car wash facility subject to staff approval of the landscape plan. C.U.P. granted by roll call vote - 5 ayes. . REGULAR COUNCIL MEETING - 4 - SEPTEMBER 9, 1985 FINDINGS OF FACTS ~ LOT 11, RADISSON INN ADDITION RESOLUTION'NO.68-85 & 69-85 City Attorney Froberg read Resolutions No. 68-85 & 69-85, the Findings of Facts, to the Council and audience. These resol~ utions contain denials of a setback variance and C.U.P. Mr. Roy Ahern and his Attorney, Mr. Seamore Mansfield submitted exhibits in support of their explanation as to why they feel their request for a variance and a C.U.P. should be granted as requested. The exhibits consist of a Certificate of Survey (with elevation lines), real estate listing sheet, copy of a letter to neighbors offering Lot 11 for sale, Hamline University opinion letter and affidavit of Thomas Hayes. They feel No. 9 and 10 of the Findings of Facts should be strick- en because they felt that they were not asked to submit a Shoreland Impact Plan. Mansfield asked if the survey,just sub- mitted, sufficiently protects the shoreline. If the staff needs time for review of the plan, they would like a postponement of denial until the plan can be commented on. . Haugen informed the audience that the meeting was being taped by an associate of Mr. Ahern's. Engineer Norton was submitted a grading plan just prior to the meeting. Assuming many things, the Engineer stated that the plan may be alright for a single family lot. Ahern is willing to allow additional time for staff review, if the denial will be deferred. Haugen felt Mr. Ahern should have obtained the necessary Ordinance to than know what was necessary for him to submit the proper documents to substantiate his request. Mr. Ahern felt that he has submitted the necessary documents in a timely manner, and did not feel that these documents were necessary prior to the public hearing. Mansfield referred to Attorney Froberg's opinion that stated the lot could be buildable if the setbacks could be met. Ahern and his Attorney do feel the lot is a ",lot of record" with the intent to be built upon. When the 1940 plat was filed, there were ways of restricting lots so they were not bUildable, but this was not done on this lot. Council feels that the lot was meant for the use of the off shore lot owners. Stover stated that the job of the Council is to interpret the Ordinance) specifically the statement of "lot of record". . Shaw moved, seconded by Gagne, to accept the Finding of Facts within Resolutions No. 68-85 and 69-85. Motion carried - 5 ayes. . . . REGULAR COUNCIL MEETING - 5 - SEPTEMBER 9, 1985 C.U.P. - CREPEAU DOCK-AND GARDEN PATCH RESOLUTION NO. 75~85 Planner Nielsen submitted proposed signage drawings consisting of a 2-sided free standing sign of 6 square feet. With the removal of the "Garden Patch" building sign as stated by Tom Lingo, this sign will comply with Ordinance requirement. There are three conditional use permits that are needed to operate the two existing businesses. 1. Outdoor storage of materials used in making docks. 2. Open or outdoor service, sale, rental, and display as a principal or accessory use. 3. Dock manufacturing business. Council directed the staff to draft a Resolution stating the C.U.P. permits and requirements of those permits, also to include signage plan, landscape plan including screening from public road right of way and parking lot plans. Motion carried- 4 ayes, 1 abstain (Haugen). ATTORNEY'S REPORT EVANS COMPLAINT Mr. Evans responsed to the complaint on rental of a second living unit within his home. He stated that he is renting two rooms with the fulL:use of the entire home. This is in compliance with the Ordinance. The issue of parking a commerical truck on the residences has been turned over to the police for ticketing. BLOOD COMPLAINT Mr. Blood did not appear in court on his trial day and a warrant has been issued. As to date, he has not been found. Council questioned the right to go on the property and clean up the problem. Froberg felt that if it was an unhealthy/situation, the health officer could instruct the City to go in and clean up and charge expenses back on the taxes against the property. Froberg would like to delay any other removal of articles from the lot to see if the property owner can be found within a reasonable period of time. AUTHORIZATION TO USE OUTSIDE PROSECUTOR Due to a conflict, Froberg would like to bring in an outside prosecutor to try a case. Stover moved, seconded by Haugen, to authorize the use of an outside attorney to prosecute a specific case. Motion carried - 4 ayes to 1 nay (Shaw). REGULAR COUNCIL MEETING - 6 - SEPTEMBER 9, 1985 . ENGINEER REPORTS COVINGTON VINE RIDGE GRADING PLAN Due to some changes made by the DNR in the land use of the land within the Covington Vine Ridge Project area, the designated protected public waters has caused an alteration in the lot configurations. Staff does not feel that these changes should require a new preliminary plat. Grading plan approval is being requested at this time. Gagne moved, seconded by Shaw, to approve the grading plan at this time. Motion carried - 5 ayes. WEDGEWOOD ROAD SOIL TESTING RESULTS Engineer Norton was directed to order soil boring tests on Wedgewood Drive. He contacted Braun Engineering Testing and requested 3 borings be done and a report of' their findings be submitted to the City. . Norton reviewed the report. The report substantiated the need for a very extensive road replacement project to properly install a road in this high water table and poor soil type area. Jim Dutcher, developer of the area, questioned if anyone know where the soil borings were made. Norton supplied a map from Braun's Engineer showing the boring locations. Dutcher stated that the location map was in-accurate. He then stated that he would seale oat the road at his expense and if the road held up for two years, the City would then reimburse him his cost, estimated at $3660.00. He does not plan to do the cul-de-sac. He stated that the City's loader got stuck in that area and tore it up to badly to sealcoat. That part of the road will be gravel only. Froberg recommended that if the Council was going to proceed with Mr. Dutcher request, a written agreement should be signed listing stipulation of the agreement. Dutcher did not feel that was necessary. He will do the sealcoating and if the City feels after two years that they owe him a reimbursement, they will do so, n:i,ngood faith" on a handshake agreement. Dutcher left the meeting. The Council directed the staff to get a cost estimate and draw up an agreement for review. GIDEONS ORCHARD ~ WATER SUPPLY . The Developers of Gideons Orchard have contacted the City Engineer to obtain cost estimates to ~xtend water service from the Badger Well to service their project. They have been turned down on their request from Tonka Bay at this time in order to determine their water capacity and establish a new fee schedule. . . . REGULAR COUNCIL MEETING - 7 - SEPTEMBER 9, 1985 GIDEONS ORCHARD' .t"., WATER SUPPLY (CONTINUED) Council directed the Engineer to obtain a formal request for the water extension and then proceed with cost estimate. Stover would like to see some assurance of financial responsibility from this developer to co~er City expenses. SHOREWOOD OAKS WATER SUPPLY EXTENSION The Council wanted an estimate of cost to extend a water line from the Boulder Bridge well to service the 73 units in the Shorewood Oaks project. The estimate cost was $300,000, at an estimated units cost of $4,109.00 within the project area only~ ADMINISTRATIVE REPORTS MUNITECH At the request of the Council, Vo~t has submitted a report on the work being done by Munitech under the present contract~ DEFERRED COMPENSATION PLAN RESOLUTION NO. 7_~6-85 Gagne moved, seconded by Haugen, to direct the staff to establish acdefe'l~'reEkcompensation plan option to be available to the City employees at their option and at no cost or compensation to be made by the City. ICMA program will be used. Motion carried - 5 ayes by roll call vote. GARBAGE COLLECTION MEETING Council reviewed the minutes of the garbage collection meeting of August 27, 1985. Staff received direction to draft an Ordinance requiring the licensing of garbage haulers to insure insurance coverages and designate the streets that can be used by the large sanitation vehicles. All other roads to be serviced by satellite trucks. Haugen moved, seconded by Gagne, to draft Ordinance as stated. Motion carried- 4 ayes, 1 nay (Stover). MURFIN APPRAISAL An appraisal has been received from O.J. Janski and Associates,Inc. on the Murfin property that adjoins the City garage property. The appraisal has been quoted at $54,000.00. Murfin's last request was for $4.00 a square foot or approximately $100,628.00. This figure, in Murfins's opinion reflects the true value of the property and the past 17 years of use that the City has received. . . . REGULAR COUNCIL MEETING - 8 - SEPTEMBER 9, 1985 MURFIN APPRAISAL Council discussed poss:ible, condemnation procedures and costs. Shaw moved, seconded by Rascop, to offer Mr. Murfin $65,000 as a final offer that would include that Mr. Murfin remove the existing oil storage tanks at his expense. Motion carried- 5 ayes. MEETING DATES FOR OCTOBER AND NOVEMBER Due to legal holidays in October and Novenber, the regularly scheduled Council meetings will be scheduled, for: October 7th - Monday " 28th - Monday November 12th - Tuesday " 25th - Monday CORRIDOR STUDY UPDATE An estimate cost of the corridor study has been made at $50,000. One half to be paid by MnDot, and the balance to be handled by the effected sites within the study area. Council asked why the study does not refer to all the inter- sections between Hwy 101 and Hwy. 41 instead of just the Vine Hill/#7 intersection. They would also like to know how far North and South on Vine Hill Road this study will encompass. Information will be obtained by staff. VILLAGE SANITATION CLAIM A request for payment of a bill in the amount of $330.00 for damage done to a garbage truck from a fire caused by chemicals thrown away the City. Council directed that the claim be submitted to the City's insurance company. STREET LIGHT REQUEST A request has been made by a resident to install a street light at the Corner of Galpin Lake and Galpin Lake Road. Council directed. that a petd.:tibn be Tecectv89- b)r! affected:tesilidences before action will be tak~n~ BUDGET MEETING. A special Budget meeting will be held at 7:00 P.M., Wednesday, September 18, 1985. . . . REGULAR COUNCIL MEETING - 9 - SEPTEMBER 9, 198'5 ~1A YOR' S REPORT APPOINTMENT TO LMCD Mayor Rascops appointment to the LMCD has expired. He has requested to be reappointed. Haugen moved, seconded by Gagne, to reappoint Rascop for an additional 3 year term. Motion carried - 4 ayes, 1 abstain (Rascop)/' COUNCIL REPORT Minnehaha Watershed District has received a revised drainage plan for review of the 39 condominium project of Gideons Orchard. APPROVAL OF CLAIMS AND ADJOURNMENT Rascop moved, seconded by Shaw, to adjourn the Regular Council Meeting of September 9, 1985 subject to approval of claims for payment at 11:58 P.M. Motion carried - 5 ayes. General Fund - Acct. #00166-02 $24,966.65 $49,319.66 Checks 30997-31045 Liquor Fund - Acct. #00174 " 3820- 3867 Respectfully submitted, Sandra L. Kennelly City Clerk ~~#~ Mayor Rascop