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041486 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 14, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER Mayor Rascop called the regular Council meeting of Monday, April 14, 1986, to order in the Shorewood Council Chambers at 7:30 PM. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer_. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover and Gagne_ . Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, and Clerk Kennelly APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the minutes of March 24, 1986 with typing corrections as needed. Motion carried unani- mously_. MATTERS FROM THE FLOOR Police Department.Discussion Mr. Dick Wakefield of 5235 Lee Circle reviewed for the Council his knowledge of the establishment of the current police departmen~. He stated that the current department provides excellent service with outstanding response time. He feels the City would be doing an injustice to its residents by pulling out of the joint powers department, and that the residents would be paying more for les~. Charlie Thompson of 130 Lake Street, Excelsior, and former Council member for Excelsior, indicated that the Shorewood residents he spoke with were in favor of the joint department and keeping the costs down. He questioned the cost of establishing a new department versus the current costs to Shorewoo~. Pat Collins of 4675 Fatima Place, a Minneapolis officer of 17 years, spoke from a professional point of view. He felt a 7 man department would become more "note takers"-. The current coverage, investigations, response time and juvenille officer will be affected. David Hoo of 23260 Park Street also spoke of the quality of the current department and was concerned about added cost for the service. -1- COUNCIL MINUTES MONDAY, APRIL 14, 1986 page two . MATTERS FROM THE FLOOR continued . Police Department Discussion - continued Mayor Rascop asked each of the Council members to express to the audience their r~asons for giving notice of withdrawal from the existing department. All Councilmembers were in total agree- ment on the excellent quality of the police department, and assured them that there was no problem with the departments quality of service. Haugen felt that the other cities did not want to work out a-ny kind of a compromise, a "take it or leave it" attitude. Shaw felt a great lack of ability of the cities to communicate - properly. Stover stated a responsibility to the taxpayers to have some budget controls equal to the percentage of funds expended. Withdrawing from the department may cause a step backwards at - this time but will be in the best interests of the city for the future. She also feels that the police building proposed by and bonded by Excelsior, should be Excelsior's problem. Gagne also felt that the budget controls should be equal to the contri- but ion. Rascop also fe It the bt1il(HTlgco~_t:__:i,?Excel~ior-'-sJ.2rQ.b-=-__ lem. Shorewood offered a site in the city and did not expect the other cities to be financially responsible for that site. He felt there was a real need to make changes in the contract to gain more budget controls. No response to Shorewood's prop- osed contract was received from Exclesior. Rascop is not in favor of splitting up the department because everyone will lose but he can not agree with continuing this contract "at any cost". He will support the Council's decision to withdraw_. - The Mayor of Excelsior, Dick Knapp, stated that he felt that they had addressed Shorewood's budget problems and concerns over cost of juvenille officer expens~. He indicated that after the bonds for the police department building were paid off, no add- itional rent will be charged to the other cities. Charlie Thomp- son stated that the smaller cities wanted the police building within their city to maintain control of the department. Rascop indicated that no further action will be taken at this time, no consultant will be hired for the research of developing a police departmen~. COUNCIL BREAK.............................. 8: 20 -.8: 25 PLANNING COMMISSION REPORT Stover referred to the Planning Commission minutes of April 1, 1986, items to be handled later in this meetin&. PARK COMMISSION REPORT . Mike Jergens, the newest member of the Park Commission, reported on the meeting of April 7, 1986. The Commission did an on-site inspection of Freeman Park_. The-y then continued the meeting in -2- COUNCIL MINUTES MONDAY, APRIL 14, 1986 page three . PARK. COMMISSION REPORT - continued the Council Chambers and discussed a proposed skateboard ramp, park grants and the Christmas Lake acces~. Jakel asked that the maintenance cost of the new access be a budget item separate of the current park budget in 1987. Signage for the access was also discussed. - CONSENT AGENDA Mayor Rascop listed the items for approval in the Consent Agenda: A. - B. - C. - D. - E. - . F. - G. - H. - I. - Appointment of David Lawrence to the Finance Committee Set the Board of Review Meeting for May 22, 1986 at 7:30 PM Issue Cigarette License to the new owner of Skipperette, James Pyle Issue non-intoxicating off-sale and malt liquor license to James Pyle of the Skipperette Issuance of Garbage Collector's license to Gopher State Trucking has been removed from the consent agenda as requested by owner, Bill Wred~. Swimming pool permit for Warren Olson of 23820 Yellowstone Trail Permanent appointment of Kathleen Schwankl as Bookkeeper Approval to pay for Corridor Study from the Mayor and Council Budget by a budget amendment Accept and award the 1986 weed spraying contract to Jim Mahoney for $2,390.00. Haugen moved, seconded by Stover, to remove item H (Corridor Study Payment) from the Consent Agend~. Rascop moved, seconded by Haugen, to approve all the items on the Consent Agenda except E and H. Motion carried - 5 ayes. Haugen would like to postpone payment of the Corridor Study until the report has been submitte~. Gagne moved, seconded by Shaw, to approve the payment request for the corridor study prior to receipt of the report and to insure a quick finalization of the study. Motion carried - 4 ayes - 1 nay (Haugen)_. - . David Lawrence was present to introduce himself to the Council, he expressed his interest in the committee and his experienc~. Administrator Vogt informed the Council of the resignation of another Finance Committee member, Kathy Franze~. -3- ~ ~ ~ COUNCIL MINUTES MONDAY, APRIL 14, 1986 page four SMITHTOWN CIRCLE-FEASIBILITY STUDY ORDERED RESOLUTION NO. 23-86 The owners of the Smithtown Circle Addition have requested that the City bond from utility improvements and assess costs against the addition. Planner Nielsen suggested the project could be included with the bonding for the Shorewood Oaks projec~. Nielsen would like the Council to develop a policy regarding this bonding request for the future. Gagne moved, seconded by Haugen, to authorize the preparation of a feasibility study subject to receipt of a title opinion and a $1,000 security to cover costs of the study as agreed upon by the develope~. Approved by Roll Call Vote - 5 aye~. ROAD VACATION AND-LOT LINE CLARIFICATION ~-WALLACE KING Jerry Carroll, Attorney for Mr. King of 25620 Birch Bluff Road, was present to request a property line clarification due to the traveled surface of the corner of Eureka and Birch Bluff Road not being located on the platted road location. This has caused the nor'theast corner of 25625 Birch Bluff Road- to be split by the existing road surface. Mr. King has agreed to share the cost of a needed survey with the Cit~. Haugen moved, seconded by Stover, to obtain survey costs to be reviewed by the Administrator. Motion carried - 5 aye~. Haugen moved, seconded by Gagne, to set a public hearing for May 12, 1986 for the purpose of a road vacation. Motion carried - 5 aye~. - Attorney Froberg suggested possible ways to best correct the exist- ing problem_. Haugen moved, seconded by Stover, to direct staff to obtain additional information to clarify the problem and include subdivision and lot area varinance requests at the same time as the road vacation hearin&. Motion carried - 5 aye~. DENIAL OF SETBACK VARIANCE - 5472 CARRIE LANE RESOLUTION NO. 24-86 David Haskins, lot owner and builder, has requested a variance of 5' on the west boundary and 9' on the south boundary for the garage portion of his hom~. He feels his request is justifiably due to the fact that his building was designed from a preliminary plat drawing received prior to final approval and prior to adopt- ion of the interim zoning ordinance. He stated that the setbacks were changed during the time he or[ginally began the purchase of the property and the closin&. Support for the approval of his request came from Robert ~.~. Peterson and Walt Jones, adjoining property owners_. Council did not feel a "Hardship" had been shown... -4- . COUNCIL MINUTES MONDAY, APRIL 14, 1986 page five DENIAL OF SETBACK VARIANCE~5472 CARRIE LANE ~ continued Haskins then presented an alternative plan that required a 5' variance on a 50' road setback. Gagne moved, seconded by Shaw, to approve the variance requested by the second plan submitted. Motion denied by Roll Call Vote for "lack of hardship"_. 3 n-ays - 2 ayes (Gagne and Shaw) _. SIMPLE SUBDIVISION - 5600 GRANT LORENZ ROAD RESOLUTION NO. 25~86 Mr. Warren Olson of 5600 Grant Lorenz Road has requested a simple subdivision to divide his current lot into two lots that do comply with the Zoning Ordinanc~. Shaw moved, seconded by Gagne, to approve the division subject to the recommendations of the Planner's report dated April 9, 1986. Division approved by Roll Call Vote - 5 aye~. - HARDING ACRES 2nd ADDITION - PRELIMINARY RESOLUTION NO. 26~86 AND FINAL PLAT APPROVAL A request was received from Network Development Inc. They have submitted plans and specifications exactly the same as the previous . develope~. Gagne, moved, seconded by Haugen, to approve the Preliminary and Final Plat subject to the Planner's recommendations of April 10. 198~. Motion approved by Roll Call Vote - 5 ayes. . CHRISTMAS LAKE ACCESS M~. Frank Fallon, President of the Christmas Lake Association, explained the background of the land acquisition and the terms of various agreements with the DNR in establishing a public access. He feels that most of the issues will be resolved subject to - the necessary city approval~. Shaw moved, seconded by Gagne, to approve the subdivision and combination of land as proposed. After further discussion, Shaw withdrew his motion at this time, Gagne accepted the withdrawa~. Council discussed with Scot Bracky, site designer, and Mike Markel, representative of the DNR, various aspects of the access desig~. They discussed at length the proposed specifications of the road access and parking lot. Council and Engineer Norton did not approve of the proposed road and lot design as well as various other areas as stated in the Engineer's report of March 11, 1986. Mr. Markel agreed to add an additional 1" mat to the road and- lot -if needed within a 10 year period_. Shaw moved, seconded by Gagne, to accept the improvements as presented for the boat access to include the 1" overlay if needed within the 10 year period. Motion carried - 3 ayes - 2 nays (Haugen and Rascop) - -5- . . . COUNCIL MINUTES MONDAY, APRIL 14, 1986 page six CHRISTMAS LAKE ACCESS ~ continued Approval of Subdivision and Combination RESOLUTION NO. 27-86 Shaw moved, seconded by Gagne, to direct the Attorney to draw a Resolution approving the Subdivision and Combination of proper- ties as requested and subject to the Planner's recommendations. Resolution approved by Roll Call Vote - 5 aye~. - Attorney Froberg indicated that all deeds and agreements will be drawn after the preparation and acceptance of the Resolution has been complete~. C.U.P. Granted RESOLUTION NO. 28-86 Shaw moved, seconded by Stover, to grant a C.U.P. for the lake access to include the removal of the Fayfield property house by January of 1987. C.U.P. was approved by Roll Call Vote - 5 ayes_. - - - - Froberg will review the title opinion when submitted. Variance Approvals (10) RESOLUTION NO. 29-86 Gagne moved, seconded by Stover, to approve the following 10 variances as listed: 1. Lot area. Forty thousand square feet is required in the R-1A diitrict. The exact area of the access site has yet to be determined. 2. Lot dept~. One hundred fifty feet is require~. 3. Building setback from the street (front property line) - 50 feet. 4. 5 . 6. 7 . Building setback from lake - 75 feet. Building setback from side lot line - 20 feet. Roads and parking areas setback from lake - 50 feet. Parking setback from street (front property line) - 50 feet. 8. 9. 10. Maximum percent of impervious surface - 30% of lot area. Grading within 20 feet of lake. Toilets not served by sanitary sewer syste~. Variances granted by Roll Call Vote - 5 aye~. -6- COUNCIL MINUTES MONDAY, APRIL 14, 1986 page seven . CONDITIONAL USE-PERMIT AND VARIANCE 5775 Grant Lorenz Road ~ RESOLUTION-NO. 29~86 Mr. Baylon Leiferman of 5775 Grant Lorenz Road has requested a bU-ilding permit to remove an existing garage that encroaches on the property to the north. This will leave the existing house approximately 7.5 feet from that lot line. He would then like to add on to the house on the north side but not to extend closer to the lot line than the 7.5 feet Haugen moved, seconded by Stover, to grant a Conditional Use Permit and a variance to expand a nonconforming structure. Motion carried by Roll Call Vote - 5 aye~. - REQUEST FOR SIMPLE SUBDIVISION AND VARIANCES 26120/26140 Birch Bluff Road . Mr. and Mrs. Meloche and Mr. and Mrs. Bauman were present to make their request for a division and combination of their lots to create 2 lots of more equal size, approximately 14,815 square feet with a 85' lot width. Neither of the existing lots conform with the zoning requirements at this time, thus requiring a C.U.P. for de~ velopment. Variances will be needed for side and road setbacks for proposed garages for each of the lots. Planner Nielsen has also recommended the removal of 2 existing garages that are noncon- forming. Mr. Meloche would also like to be able to renew his var- iances and C.U.P. each year until which time he will be building a new home the-re-. Gagne moved, seconded by Haugen, to approve the request subject to the Planner's recommendations. After consideration Gagne moved, seconded by Haugen, to w[thdraw this motio~. Approval of Simple Subdivision and Combination Haugen moved, seconded by Gagne, to approve the subdivision and combination as requested. Motion carried by Roll Call Vote - 5 ayes_. - RESOLUTION NO. 30-86 Meloche Side Setback Variance andC.U.P. RESOLUTION NO. 31~86 Gagne moved, seconded by Haugen, to grant a C.U.P. to develop a substandard lot and to add to a nonconforming structure, also to grant a 10' variance to add onto an existing structure. Motion carried by Roll Call Vote - 5 ayes. Mr. Meloche was also informed that he will have to return for additional requests if/when he decides to build a new structure. . M~. Bauman then presented plans for his new garage that requires a road setback variance. He will lose his current garage because of the subdivision and this location is the only way it will conform with his home. This area has been proposed for a zoning change to R-l~. - -7- COUNCIL MINUTES MONDAY, APRIL 14, 1986 page eight . REQUEST FOR SIMPLE-SUBDIVISION AND VARIANCES Meloche/Bauman Bauman Road Setback Variance RESOLUTION NO. 32~86 Stover moved, seconded by Haugen, to approve a front setback variance of 2' and a side lot variance to 10'. Motion carried by Roll Call Vote - 5 aye~. - COUNCIL BREAK................................. .10: 50 - 10: 56 PLANNER'S-REPORT Discussion of Reinstatement of Tingewood P.U.D. Planner Nielsen referred to report of April 10, 1986, stating 6 items to be completed prior to reinstating the building permit, and 6 additional items for completion prior to reinstating the P.U.D. . Nielsen has done a final inspection of two of the unit~. Gagne would like to have no further inspection done or an occupancy permit issued until the Council approve~. An adjoining neighbor, Dennis Clarke, explained to the Council the various title problems, plowing expense, landscaping changes, and leins placed on his property because of the division done with the Tingewood project. Shaw moved, Gagne seconded, to require that all 12 items in the Planner's report be completed prior to reinstatement of the build- ing permit, to withhold occupancy permits and not to accept the application of the P.U.D. until all these items have been complete~. Motion carried - 5 a-ye-s_.- ZONING ORDINANCE EXTENSION Rascop moved, seconded by Stover, to extend the completion date of the Zoning Ordinance for an additional 30 day~. Motion carried- 5 ayes_. ENGINEER'S REPORTS . Cathcart Area Proposed Project Discussion The Council directed Engineer Norton to determine what would be necessary to correct the street problems in the Cathcart area. He submitted his feasibility report for Project #85-1 - Street - Replacement, Storm Sewer and Appurtenant Work. He reviewed the needed work and the cost of that improvemen~: A petition was received representing 48% of the affected homeowners opposing the improvement. Another petition was submitted signed by 72% of the homeowners on Beverly Drive, Cajed Lane and Afton Road, requesting a dead end on Beverly Drive and Cajed Lane. -8- COUNCIL MINUTES MONDA~. APRIL 14, 1986 page nine ~ ENGINEER!S REPORT 7 continued Cathcart Area Proposed Project Discussion~ continued Haugen moved, seconded by Stover, to accept and file the 2 petitions submitted. Various area residents questioned the need for the 9 ton designed streets or storm sewer project and to what degree would this project correct the area water table problem. The area residents were in agreement that they did not feel the roads replacement and storm sewer project were wanted. Stover moved, seconded by Haugen, to table until the meeting of April 28, 1986 to further consider the cost of this projec~. Motion carried - 5 aye~. Shorewood Oaks Feasibility Report Norton reviewed the report containing the water main, streets and curb and gutter for the Shorewood Oaks projec~. Total cost of the improvement will be paid by the developers of the project. Vogt stated that a meeting is set with Boulder Bridge to redraft part of their development agreement to determine the cost to residents outside of Boulder Bridge for a connection of water service. ~ Acceptance of Feasibility Report-and RESOLUTION NO. 33-86 Authorization-of the Preparation of PlansandSpecifications-ShorewoodOaks Gagne moved, seconded by Shaw, to accept the Feasibility Report and authorize the preparation of Plans and Specifications for the Shorewood Oaks Project. Motion carried by Roll Call Vote- S ayes_. - The plans are being done by the developers Engineer and could be ready by April 28, 198~. Randy Herman asked what installation costs would be to service water to Strawberry Circle. Those costs have not yet been deter- mined. Dick Thompson asked why there was a payback clause in the Boulder Bridge agreement for outside connections. Council informed him it was to pay Mr. Wartman back for some of his "oversizing cost" to install -a well larger than needed for his project alone_. ~ S.E.AreaWater Status Report Norton informed the Council that all 4 petitions for water improve- ments have been received. He is proceeding with the well design, pumphouse design and the elevated tower plan~. Stover questioned if the corridor study changes the location of the proposed intersection, would this change the water line design? Norton stated that easements will be obtained and the plans will remain the sam~. -9- COUNCIL MINUTES MONDAY, APRIL 14, 1986 page ten . ATTORNEY'S REPORT BurnOut -5S80CountyRoad#19 The Fire Marshall indicated that an inspector will be determining the cause of the fire, after that determination is made the house will be torn down. Vine Hill Furniture Complaint Complaint has been filed and will be served this week on the owner. EXECUTIVE SESSION ~NEPHEW SUIT ADMINISTRATIVE REPORTS Police Department Consultant A bid has been received for a cost of $9,SOO to $14,SOO for a six month project to establish a new police departmen~. Council requested further contacts be obtained. . Hennepin County Fair Donation Gagne moved, seconded by Shaw, to approve a request for a $SO donation in support of the Hennepin County Fair. Motion carried- S ayes_. Public Works Union Update Job descriptions are being assigned and the Assistant Public Works Director will not be appointed at this tim~. Rascop would like to request from the union the right to manage our own unit. MAYOR'S REPORT Annual Street Surveys The yearly street repairs survey will be conducted Thursday, April 24, 1986 beginning at 8:00 AM. Task Force The last meeting of the Task Force on Lake Minnetonka has been held. Rascop was not pleased with the results of the Task Force. He {s not in agreement with the temporary access acquired in - Minnetrista. COUNCIL REPORTS . Recycling-Cost Reimbursement A request of the garbage haulers has been made to the League of Women Voters to have the Cities apply for reimbursements for recycling and return the funds to the haulers to cover their hauling costs_. -10- . . . COUNCIL MINUTES MONDAY, APRIL 14, 1986 page eleven COUNCIL REPORTS continued Building Purchase Council instructed the Administrator to check into the purchase of the building next to City Hall for a possible police department or added office space for City Hall. JointPowersPolice~DepartmentMeeting Stover indicated that there may be a 4 city Council meeting on April 23 or 24 at Minnewashta School for the purpose of discussing the police department contrac~. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the regular Council meeting of April 14, 1986 at 1:32 AM, April 15, 1986 subject to approval of claim~. General Fund - Acct #00-00166-02 Checks # 31887 - # 31943 Checks #200222 - #200235 == $ 47,554.70 8 , 2 1 O~. 2 5 $ 55,764_.95 Total Liquor Fund - Acct #00-00174~02 Checks # 4528 - # 4556 Checks #200236 - #200248 $ 28,366.50 2 , 3 8 6~ . 57 $ 30, 753_. 07 Total RESPECTFULLY SUBMITTED Sandra ~. Kennelly City Clerk Mayor SLK: san -11-