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112585 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, NOVEMBER 25, 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, November 25, 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, Shaw, Stover and Haugen (arrived at 7;35) Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly APPROVAL OF MINUTES Stover moved, seconded by Gagne, to approve the minutes of the Council meeting of November 12, 1985 as written. Motion carried unanimously. MATTERS FROM THE FLOOR Tingewood Road Problem Dennis Clarke of 20880 Radisson Inn Road requested the City to snow- plow Tiffany Lane in order to gain access to his driveway. He does not feel that it is his responsibility to plow that road, he only has an easement over the road for access. The property is in a process of foreclosure and the owner responsible for that property is unclear. Engineer Norton indicated that the road was intended to be private and without design changes it should not be taken over by the City. Haugen moved, seconded by Gagne, to direct the Attorney or Admini- strator to find the current responsible property owner and instruct him to plow the road. Motion carried unanimously. Temporary Sign Request - Friends of Minnetonka Hockey Mr. Bob Naegele, a board member of the "Friends of Minnetonka Hockey", was present,. to request a temporary sign to be placed at 20095 State Highway 7. This sign would be for the purpose of obtaining funds to support the Senior High Hockey ASSbciation, and would be placed for approximately two weeks during the holiday season. . . . CITY OF SHOREWOOD COUNCIL MINUTES MONDAY, NOVEMBER 25, 1985 page two Temporary Sign Request - Friends of Minnetonka Hockey-continued Shaw moved, seconded by Gagne, to approve a 4' x 8' Holiday sign for a two week period of time. Motion carried - 3 ayes - 2 nays (Rascop and Stover). PLANNING COMMISSION REPORT Stover referred to the November 19, 1985 "Summary of Motions" that covered the following items: 1. AubrechtjSiegel - Simple Subdivision and lot width variance. 2. Burger King - setback variance and variance to expand a non- conforming structure. 3. Michael Spear - Conditional Use Permit 4. Setback Varinace - 5900 Boulder Bridge Lane 5. Simple Subdivision - 6065 Lake Linden Drive 6. Informal Discussion - Near Mountain P.U.D. PARK COMMISSION REPORT Carolyn Squires reported on the Commission's study of the snowmobile Ordinance and the use of the vacated railroad bed. 7:45 PUBLIC HEARING LIQUOR STORE OONTINUED OFF-SALE OPERATIONS RESOLUTION NO. 85-85 The public hearing to hear the issue of whether or not to continue operations of the Off-Sale Municipal liquor stores was called to order by Mayor Rascop at 7:58 P.M. State statutes require that a hearing be held wi thin'i45 days of the end of the fiscal year where the stores have had operation losses in two out of the three year period. The public hearing was closed at 8~01 P.M. after calling for and receiv- ing no public comments. Stover indicated that the past 15 months of operation have become profitable and feels confident that this will continue. Haugen moved, Gagne seconded, to continue the Off-Sale operations in both of the municipal ~tores. Motion carried by Roll Call Vote _ 5 ayes. . . . CITY OF SHOREWOOD COUNCIL MINUTES MONDAY, NOVEMBER 25, 1985 page three SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE RESOLUTION NO. 86-85 AUBRECHTjSIEGEL-20555 AND 20575 RADISSON INN ROAD This division is requested to allow increasing Siegel's small lot and to straighten out the lot line that currently is very close to their dwelling on the west lot line. The variance is needed because of the narrow frontage. Gagne moved, Shaw seconded, to approve the simple subdivision and the lot width variance subject to submittal and approval of the title opinion also the division to be filed within 30 days of receipt of the resolution. Motion carried by Roll Call Vote - 5 ayes. DENIAL OF REQUEST FOR VARIANCE BURGER KING RESOLUTION NO. 87-85 A request was submitted by Mr. Jim Winstead of Burger King - 19425 State Highway 7, for a setback variance and a variance to expand a nonconforming structure. His plans are to remodel interior and add an area for coolers and a garden house eating area. Rascop asked Mr. Winstead if he was going to address compliance with his parking spaces and signage as suggested by Planner Nielsen. Winstead would need corporate approval from Burger King to change the signage, and he has no more room to add additional parking spaces within his commercial property. Gagne expressed concerns that if a $110,000 remodeling project was approved, that it may cost the city additional funds if condemnation is needed to correct the traffic problems at the Highway 7/Vine Hill Road intersection. Mr. Winstead indicated that he would go ahead with the interior remodeling even if the variance were not approved, and that the cost of condemnation is in relationship to the business done. Haugen moved, seconded by Stover, to deny the variance request due to the noncompliance with the City Ordinance. Motion denied - 3 ayes to 2 nays (Shaw and Gagne). CONDITIONAL USE PERMIT MICHAEL SPEAR-22570 MURRAY ST. RESOLUTION NO. 88-85 Mr. Spears request is to add additional garage space that will exceed 1000 square feet. He is asking for a total garage space of 1128 square feet pursuant to Shorewood Zoning Ordinance. Planner Nielsen reviewed the specifications of the Ordinance and indicated that Mr. Spear's request does comply with the requirements of the Ordinance. Stover moved, seconded by Gagne, to grant the C~U.P. to add the garage for residential use only, no "Homei;Occupational" use is being granted at this time. Motion carried by Roll Call Vote-5 ayes. . CITY OF SHOREWOOD COUNCIL MINUTES MONDAY, NOVEMBER 25, 1985 page four SETBACK VARIANCE - LANDFORM INC. 5900 BOULDER BRIDGE LANE RESOLUTION NO. 89-85 A request has been made by Tom Wartman of Landform Inc. for a setback variance of 30' from the rear lot line in order to construct an enclosed swimming pool. Council reviewed Planner's report dated 11/6/85. Gagne moved, seconded by Stover, to approve the variance of a 30' rear yard setback in accordance with the Planner's recommendations to be incorporated within the Resolution. Motion carried by Roll Call Vote-5 ayes. SIMPLE SUBDIVISION 6065 LAKE LINDEN DRIVE RESOLUTION NO. 90-85 Court MacFarlane representing Harold Johnson, the owner of a lot located at 6065 Lake Linden Drive was present to request a zero lot line subdivision of that property. This is allowable under its current zoning of R-3A. . Attorney Froberg reviewed and requested various changes within a maintenance agreement. Mr. MacFarlene was in agreement and will comply with necessary changes. Gagne moved, seconded, by Stover, to approve the zero lot line sub- division subject to Planners recommendations and the Attorney IS suggested changes in the "Mcaintenance Contract". Motion carried - 5 ayes by Roll Call Vote. POLICE DEPARTMENT CONTRACT DISCUSSION Mr. Alan Albrecht, Mayor of Greenwood reviewed for the Council the various changes that the joint City Police Committee: has made. The committee is made up of two representatives of each of the joint power cities. It was established to study a new formula for funding the police department and now has gotten into rewriting the police contract. . Shaw and Haugen, Shorewood's representatives, expressed disappointment in the negotiations of the contract They felt that all of Shorewood's concerns and suggestions were not considered. The recommendation for a 25 year contract from the committee does not have Shorewood support. The Council does not feel that it can "tie the hands" of new Councils for the next 25 years. Albrecht felt that a 25 year contract is necessary for the security of the officers and to insure the bond issue for the new police department building. Sborewood feels the bond issue can be insured separately f~Dm the police contract. They also feel that more control should be given to Shorewood in some ratio with the contribution made. . . . CITY OF SHOREWOOD COUNCIL MINUTES MONDAY, NOVEMBER 25, 1985 page five POLICE DEPARTMENT CONTRACT DISCUSSION - continued Rascop felt that some of Shorewood's requests will have to be addressed, or they will agree only to renew the present contract on a five (5) year term~ Council thanked Mr. Albrecht for reviewing the progress of the com+ mittee. He indicated that he will bring back to the committee Shore- wood's concerns for review. C oune i 1 Break ..................................... 10 : 31 P. M . - 10: 37 P. M. SIGN REQUEST - NEAR MOUNTAIN P.U.D. Pete Pflaum of the Near Mountain Development has requested a develop- ment sign to advertise his homes to the south in Chanhassen. He felt that the north side of the project needs to be advertised. He feels this will help to complete this phase of the project so he can then proceed into Shorewood with his development. The sign will be reword~d to advertise his Shorewood development later. Shaw moved, seconded by Gagne, to approve the sign as requested for one (1) year with completion of P.U.D. zoning. Motion carried - 5 ayes. ENGINEER'S REPORT Status Report on Cost of Water Extension to Lake Linden Drive Project Engineer Norton indicated that updated cost estimates were being made and will be presented with the projects staff report. Rascop would also like cost estimates for spreading trunk costs only to affected properties along the water line extension. ATTORNEY'S REPORT Garbage Disposal Ordinance - 1st Reading Weight Restriction Ordinance Draft Council reviewed the Weight Restriction that may amend the current Ordinance. They then reviewed the draft Garbage Disposal Ordinance and made a number of changes to be drawn into a new draft and re- submitted for review. Haugen moved, seconded by Gagne, to accept the revised draft as the 1st reading of the Garbage Disposal Ordinance. Motion carried - 5 ayes. . . . CITY OF SHOREWOOD COUNCIL MINUTES MONDAY, NOVEMBER 25, 1985 page six ATTORNEY'S REPORT - continued Murfin Property Discussion No response has been received from Murfin asking him to remove the oil tanks before the City will purchase the property. Shaw stated that Mr. Murfin feels that ICO is responsible for the removal of the tanks. When contacting ICO, they stated that the tanks are not theirs, but Mr. Murfins. Gagne moved, seconded by Stover, to not complete purchase of the Murfin property until the removal of the tanks and/or any polluted ground have been removed. Motion carried - 3 ayes - 2 nays (Haugen and Shaw) Naegele Sign Issue Written response stating the Council position was sent to Naegele Sign dated November 13, 1985. To date no response has been com- municated from Naegele Sign. Blood Litigation The clean up on the Blood project has not been sufficently done. Attorney Froberg will send another letter informing him of that fact, and if not completed, the City will proceed with the clean up and charge back the cost to the Blood property. ADMINISTRATIVE REPORTS Enchanted Island Beaver Complaint A letter has been received from resident Chester Yanik of 4245 Enchanted Lane compl~ining of the problems being caused by the overpopulation of beavers and the destruction of trees. Gagne moved, seconded by Rascop, to amend the current trapping Ordinance by allowing the temporary use of the steel leg trap in order to control the problem. Trapping on the islands only, with prior notification to all the residents. Permits would be required that include a time limit. Motion was denied - 2 ayes (Rascop and Gagne) 3 nays. Haugen moved, seconded by Gagne, to find a trapper that would obtaina permit and live trap and remove the beavers. Motion carried - 5 ayes. . . . CITY OF SHOREWOOD COUNCIL MINUTES MONDAY, NOVEMBER 25, 1985 page seven ADMINISTRATIVE REPORTS - continued Approval of Corridor Study Funding Resolution NO. 91-85 Correspondence form Ann Perry of the Met Council was received requesting Shorewood's support of $5000 to proceed with the corridor study. She did indicate that Shorewood should receive some form of credit for the portion of their study used in the new corridor study. The amount of credit or the possible responsibility of Minnetonka toward Shorewood was not determined. Gagne moved, seconded by Rascop, to allocate $5000 toward the Corridor Study as requested by the Met Council. Motion carried - 4 ayes - 1 nay (Haugen) by Roll Call Vote. Fire Protection Contract Gagne moved, seconded by Stover, to accept the 1986 Fire Contract and authorize the Mayor to sign the contract in the amount of $45,061 cost to Shorewood. Motion carried - 5 ayes. MAYOR'S REPORT Mayor Rascop informed the Council of the Fair Labor Standards Act being overt4rown. The Met Council Task Force on lake accesses have been very cooperative. Rascop indicated that they are trying to obtain additional parking spaces rather than trying to develop additional access. They are trying to obtain parking and accesses from existing marinas. COUNCIL REPORT Council directed staff to check possible violations on the following properties: Village Pump - possible junk cars Vine Hill Furniture - signage Skipperette - advertising sign APPROVAL OF CLAIMS Gagne moved, seconded by Haugen, to adjourn the Regular Council meeting of November 25, 1985 subject to approval of claims for payment at 12:13 P.M. Motion carried unanimously - 5 ayes. General Fund - Acct. #00166-02 Liquor Fund - Acct. #00174 Checks 31338 - 31432 Checks 4111 - 4194 $149,004.00 $ 47,812.62 RESPECTFULLY SUBMITTED Sandra Kennelly City Clerk /~~~ Mayor