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060986 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 9, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 PM M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order at 7:30 PM, Monday, June 9, 1986, in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, CouncilmembersShaw, Stover, Gagne and Haugen. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt and Clerk Kennelly APPROVAL OF MINUTES Haugen moved, seconded by Stover, to approve the minutes of the regular Council meeting of May 12, 1986 as corrected. Motion carried - 5 ayes. Gagne moved, seconded by Haugen, to approve the minutes of the regular Council meeting of May 19, 1986 as corrected. Mdxion carried - 5 ayes. The Board of Review convened on May 22, 1986. They will continue that meeting until June 9, 1986. Both sets of minutes for the Board of Review will be approved at the June 23rd meeting. PLANNING COMMISSION REPORT Stover will report on the Planning Commission recommendations as each item is dealt with by the Council. PARK COMMISSION REPORT Commissioner Martey Jakel reported the projects discussed at the last meeting. They would like to install a tennis court backboard for individual practice, at an estimated cost of $ 600. for material and labor. The Administrator will obtain plans for the backboard. They are also discussing the installation of a volleyball court and warming house for Manor Park. The Council recommended installing signs at the park prohibiting golfing, enforcement would be advisory only. No Resolution will be passed to prohibit golfing at this time. -1- . . CITY COUNCIL MEETING MONDAY, JUNE 9, 1986 page two PARK COMMISSION REPORT - continued The Commission has requested to present a plaque to Mary Kooi for her services on the Park Commission even though a full term of 3 years will not quite be completed. Shaw moved, seconded by Gagne, to make an exception of the "full term" policy and award a plaque to Mary Kooi because of the great deal of time and services given by her on the Park Commission. Motion carried - 5 ayes. CONSENT AGENDA Council approved the payment of approximately $350 for Shorewood's portion of the striping costs of Minnetonka Boulevard. Council approved the extension of an electricial service at the Christmas Lake access for a future security light. Gagne moved, seconded by Stover, to approve the Consent Agenda requests. Motion carried - 5 ayes. APPROVAL OF THE 1986 LIQUOR LICENSES AND NON-INTOXICATING SALES RESOLUTION NO. 58-86 Applications for renewal were received from: Minnetonka Country Club American Legion Tom Thumb Superette Skipperette On Sale Liquor & Sunday Sales Club & Sunday Sales Off Sale Non-intoxicating Malt Off Sale Non-intoxicating Malt Sales Sales Gagne moved, seconded by Haugen, to approve the above listed Licenses for June 1986 through May 1987. Licenses approved by Roll Call Vote - 5 ayes. 7:45 PUBLIC HEARING RESOLUTION NO. 59-86 Vacation of a portion of Birch Bluff Road A public hearing was opened at 7:45 PM to hear a request to vacate a portion of the platted road near the intersection of Birch Bluff Road and Eureka, and acquire the area of land where the traveled surface is located. . Planner Nielsen explained a request from Wallace King for a subdivision and combination to add a triangle of property cut off by the current traveled surface of the road. Comments were received from Gale Olson Jr. asking for a clarification of the request. He stated that he felt the road should be moved to the platted surface; and Evelyn Olson suggested that trees and shrubs should be cut back for increased visibility of the inter~ section. -2- . . . CITY COUNCIL MEETING MONDAY, JUNE 9, 1986 page three PUBLIC HEARING - continued Vacation of a Portion of Birch Bluff Road Mayor Rascop closed the public hearing at 7:53 PM after calling for and receiving no further public comment. Haugen moved, seconded by Gagne, to approve the road vacation as described by legal description. Vacation approved by Roll Call vote - 5 ayes. SHOREWOOD INVESTMENT BUILDING FIRE STATUS REPORT Planner Nielsen reported that the burned out structure at 5580 County Road 19 has finally been torn down. The well needs to be filled in, and the sewer connection capped. Mayor Rascop asked Fire Marshall Mark Kuhnly, and Firefighter Glenn Johnston, why it took so long to complete the investigation on the fire. Kuhnly stated that the insurance company caused some delay, and the flooding of the basement and freezing prohibited completion of a thon0ughinvestigation until it thawed and was pumped out. Gagne felt that the building was a hazard to life because at no time during the many months that the building stood, was it properly boarded up to prevent entrance. Kuhnly encouraged the Council to come to him immediately with these types of concerns. VARIANCE OF DENIAL - DONALD SHAFER A request was received from Donald Shafer for a variance to install a dock on an outlot where no residential structure exists, nor can one be built there. Stover indicated that the Planning Commission did approve a dock installation to be used only by the property and if the property is divided no additional docks should be allowed. The dockage to be tied to the property at 23880 Smithtown Road only. Council discussed of the Ordinance. lations on a lone paragraph 2, page possible policy setting against the provisions Stover commented on possible trespassing vio- dock. Shaw directed Nielsen to research further 2. Gagne moved, seconded by Shaw, to deny the variance request and to direct the Attorney to prepare a Finding of Facts. Motion carried 5 ayes. -3- . . . CITY COUNCIL MEETING MONDAY, JUNE 9, 1986 page four SIMPLE SUBDIVISION AND LOT WIDTH VARIANCE RESOLUTION NO. 60-86 David Kelly - 25510"Yellowstone Trail David Kelly was present to request a simple subdivision into 2 lots. The residue lot requires a variance for a lot width, proposed at a 50' width. This is intended to be future access for the rear acreage. Gagne moved, seconded by Haugen, to approve the simple subdivision and lot width variance as recommended by the Planning Commission and subject to the 7 Planner's recommendations stated in his 5/1/86 report. Division approved by Roll Call Vote - 5 ayes. CONDITIONAL USE PERMIT Todd Ladwig - 5ge5 Afton Road RESOLUTION NO. 61-86 Mr. Ladwig was present to request permission to add a 22' x 24' deck onto an existing structure. A Conditional Use Permit is necessary because the existing rtwelling does not meet the setback requirements of the R1-A zone. The deck does not increase the nonconformity. Haugen moved, seconded by Stover, to grant a Conditional Use Permit to expand a nonconforming structure as recommended by the Planning Commission and subject to the 5 conditions recommended by the 6/2/86 Planner's report. Conditional Use Permit approved by Roll Call Vote - 5 ayes. SETBACK VARIANCE Robert Bergstrand - 27100 Edgewood Road RESOLUTION NO. 62-86 Robert Bergstrand was present to request a variance to construct a new garage 10 feet from the side property lines. He will be removing an existing garage that is set two feet from the property line. Haugen moved, seconded by Stover, to grant the variance due to the hardship of the lot configuration and the necessity of the garage due to the climate. Variance granted by Roll Call Vote 5 ayes. CONDITIONAL USE PERMIT SETBACK VARIANCE James Schultz - 5465 Timber Lane RESOLUTION NO. 63-86 James Schultz has requested a C.U.P. and setback variance to add a deck on to a nonconforming structure. Haugen moved, seconded by Gagne, to grant a CUP as recommended by the Planning Commission. CUP granted by Roll Call Vote - 5 ayes. -4- CITY COUNCIL MINUTES MONDAY, JUNE 9, 1986 page five . SIMPLE SUBDIVISION AND LOT AREA VARIANCE RESOLUTION NO. 64-86 Jay Carpenter representing Hwy. 7 Properties, Inc. Lots at 20550-52 and 20560-62 Excelsior Blvd. Mr. Carpenter requests division of his lots. Two family dwellings currently exist on these lots. He is requesting a zero lot line division. A lot area variance is needed due to an unequal division of square footage. Planner Nielsen has recommended a metes and bounds description to enable equal rear yard footage. These legals will be submitted by the applicant. Haugen moved, seconded by Gagne, to approve the division by metes and bounds description subject to the Planner's 3 recommendations dated May 29, 1986, and subject to the Attorney's review and approval of the homeowners agreement. Motion accepted by Roll Call Vote 5 ayes. PRELIMINARY PLAT APPROVAL W.L.C. Acres - 23645 Yellowstone Trail RESOLUTION NO. 65-86 Mr. Richard Larsen of Wirtenen-Clark-Larsen Architects has requested approval of a preliminary plat of 7 lots and a cul-de-sac, meeting all the requirements of the Rl-C toning. The property is presently owned by Mr. Joe Haney. . Comments from the public regarding the division were received from the following: Herb Gager-23640 Yellowstone Trail submitted a petition s~gned by 2e residents requesting a delay of action to reconsider the zoning of this area to 1 acre lots. He and Mr. Duane Scherbing also questioned the effect 6 new wells would make on the area water table. Roger Lubke and Jim Hamstra had concerns of added traffic, and asked if the traffic could flow in a different direction. Mel Johnson was concerned about possible drainage problems. Bob Savage indicated that the proposed new road would make his lot a corner lot, and questioned future effects of that on new assessments. Jack Edwards spoke of possibly 20 new lots if the surrounding lots would develop, and the need to improve roads and install street lights. These improvements would be an added expense to the existing property owners. . -5- . . . CITY COUNCIL MINUTES MONDAY, JUNE 9, 1986 page six PRELIMINARY PLAT APPROVAL OF W.L.C. ACRES continued Bob Reutiman spoke in favor of the division. He did not feel there would be any drainage or traffic problems. He felt that it should be approved due to the fact that the request does comply with all city Ordinances. Attorney Frank Kelly, representing Joe Haney, referred to the staff report recommending approval of the project. He also stated that the request contained no variances or special requests of any kind. Mr. Larson did feel the acre lots would not be saleable and felt the existing zoning was researched and was correct in that area. He requested approval of the preliminary plat due to the compliance with the zoning ordinance. Joe Haney was not comfortable with the neighbors opposition, but felt that Mr. Larson was a good developer and he had the right to develop within the restrictions of the Ordinance. Rascop asked the Attorney what action should the Council take regarding the petition requesting rezoning to larger acre lots. Froberg felt that the petition should be considered, but it could be very difficult rezoning when an application has been made that complies with the current zoning. A Comp Plan Amendment would also have to be done. Shaw moved, seconded by Gagne, to approve the preliminary plat as recommended by the Planning Commission and subject to the Planner's recommendations dated 5/27/86. ApprOval accepted by Roll Call Vote - 5 ayes. Council indicated that the area neighbors could petition for zoning of larger lots for that area, Staff and the Planning Commission will take it under consideration. Mr. Larson thanked the Council and assured them that he was very willing to work with the neighbors. PROPERTY ACQUISITION OF 5795 COUNTRY CLUB ROAD The City received a letter from Attorney L.H. May Jr. representing the residents of Echo Hills. Attorney Froberg reviewed the letter and did not agree with Attorney May's opinion that the City does not have the right to use this building in the R-1C zone for governmental use. They requ~sted that the City rescind their agreement to purchase. -6- . . . CITY COUNCIL MINU'IES MONDAY, JUNE 9, 1986 page seven PROPERrY ACQUISITION OF 5795 COUNTRY CLUB ROAD continued Questions and comments came from Peter Razai, Joanne Carroll, Bill Wrede and others asking for proposed use of this facility, what improvements or changes were needed prior to use and long range plan for govern~ mental facilities. Rascop indicated that a public hearing would be held prior to deter- mining the exact uses of the new building. Joanne Carroll asked if estimates had been done on converting the City Hall basement into office space, prior to considering the purchase of this house. Council explained the problems with the wet basement, accessibility, needs for the handicapped, additional upstairs remodeling for stairs, bathroom facilities, etc. Bill Wrede asked the city to obtain bids to add on to the existing office building. Rascop explained that there was not adequate space available to add on to the outside of this building. Also, the structure was not originally built to allow a second story. Haugen suggested, and was supported by the Council, to instruct the administration to obtain bids on improving the basement; adding on to the existing building and a bid for improvements to the new building. Additional confirmation will be needed to determine plans to give to bidders. He will try to obtain these bids by July 28th. A'ITORNEY'S REPORT 1st Reading - Alarm System Ordinance Amendment Attorney Froberg reviewed the Ordinance and would like to further clarify and area of the Ordinance with Chief Young. Haugen moved, 2nd by Gagne, to direct Froberg and Young to review and return to Council for a 2nd reading. Motion carried 5 ayes. Harbor llmi ts Ordinance - 1st Reading Council reviewed the Ordinance amending Ordinance 12. Haugen moved, 2nd by Gagne, to accept the 1st reading of the Harbor llmi ts Ordinance. Motion carried 5 ayes. ENGINEER'S REPORI' Discussion of Bids Proposals Project 86-1 and 86-2 Engineer Norton submitted the tabulai ton sheet for bids received on May 30, 1986. These projects were for watermains, street, curb and -7- . CITY COUNCIL MINU'IES MONDAY, JUNE 9, 1986 page eight Discussion of Bids Proposals Project 86-1 and 86-2 continued gutter for the Shorewood Oaks Pro,ject and the extension from Waterford to Covington Vine Ridge. Norton didn't recommend acceptance of the bids at this time due to the insecurity of the Shorewood Oak project. He explained that Dave Johnson, developer of the project, is in the hospital due to a kidney transplant and subsequent rejection. Financial backing and his buyer have just backed out of the project. Gagne asked if we would award the bid on just the Southeast area improvement. The bids were drawn up separately, and the low bidder does not have to accept the bid because it was bid as one job. RESOLUTION NO. 67-86 Award Schedule A of Bid Rascop moved, 2nd by Haugen, to offer Schedule A only to laTour donstruction in the amount of $96,715.30. Motion carried by Roll Call. Vote - 5 ayes. . Council questioned the staff expenses already incurred by Shorewood Oaks, if the project is dropped. The developer will be billed those expenses. They proceeded to discuss methods of securing up front monies at the beginning of project applications. Rascop moved, 2nd by Haugen, to institute a policy to require 2CY/o of project cost as a deposit on developments. Planner Nielson suggested further study before passing this policy. Rascop withdrew his motion approved by Haugen. Plan Approval and Authorizaiton for Bids - Street Project BESOLUTION NO. 68-86 Engineer Norton recommended drawing plans for street improvements for Smi thtown Road only, the improvements to Vine Hill Road will be done jointly with the City of Minnetonka uder their bid. All the necessary easements for Eureka Road drainage 1st improvement project have not been obtained. Gagne would like the Wedgewood Road improvements discussed prior to drawing up plans. Norton referred to the minutes of 9/9/85 stating that Dutcher offered to do the road improvements at his cost. Gagne stated that Dutcher will up front the cost of improvements to Wedgewood Road now, if the city will allocate the money for pay-back next year. Rascop and Vogt will set up an appointment with Dutcher to discuss this matter. . Haugen moved, 2nd by Rascop, to authorize the preparation of plans and advertising for bids. Motion carried by Roll Call Vote - 5 ayes. -8- CITY COUNCIL MINUTES MONDAY, JUNE 9, 1986 page nine . PIANNER I S REPORT Tingewood PUD Status Report Planner Nielsen indicated that minor progress has been made, and that the landscaping will be reviewed at the next meeting. He would like to review the status of the twelve conditions at the next Council Meeting. Froberg informed the Council that he had been retained by Mrs. Barbara Nielsen. She is involved in a suit with the Tingewood owners. ADMINISTRATOR'S REPORT Corridor Study Status Report Administrator Vogt will attend a meeting on Thursday, June 12, to review goals and objectives submitted by the other cities. Shorewood's study was not originally considered by now has been included. Haugen understood the study to encompass Highway 101 West to Highway 41, but fells the Vine Hill intersection has received all the attention. . Road Repair Problem - Beverly Dr. and Cajed lane A complaint was received on the dust caused by the Class 5 temporary filling of the road. Gagne requested an estimate for a 3" overlay, and to direct the area to be watered down to control dust. MAYOR'S REPORT Police Contract Draft Letters have been received accepting the 5 year - 1 vote contract. A draft contract will be drawn for reviewal at the July 9th meeting. Haugen stated that she took exception to the comments by Excelsior Councilmember Ryerson rEgarding Shorewood Resolution regarding the withdrawal from the Police department as a "ploy". Zoning Clarification A letter regarding clarification on the zoning of the Paul Anderson property at 5740 Christmas lake Road was reviewed from their real estate agent. Nielsen will send clarification. IMCD . A task force will be preparing a comprehensive plan for lake Minnetonka by January. Metro Council has a program to borrow $15,000 to obtain a planner for the process. The request for fUl1.ds must come from the City, not the IMCD. This fund will be interest free, amount to be levied to pay back loan. -9- . . . CITY COUNCIL MINUTES MONDAY, JUNE 9, 1986 page ten IMCD continued Haugen moved, 2nd by Gagne, to instruct the Attorney to draw up on agreement between the city and the IMCD regarding the loan request. COUNCIL REPORTS Gagne asked that staff start theprocedure to clean up the property . at 5580 County Road 19. Finance Comittee will meet on Thursday, June 19th. Stover and Rascopwill be attending. Stover has presented her Police Districting proposal to two City Councils to date. Haugen will be attending the League of Minnesota Cities conference, and would like Vogt to attend the Small Cities Day. APPROVAL OF ClAIMS AND ADJOURNMENT Haugen moved, 2nd by Gagne, to adjourn the June 9, 1986 City Council Meeting at 11:47 P.M. subject to approval of claims. Motion carried 5 ayes. General Fund - Acct. # 00166-02 Regular Checks #32094-32149 Payroll Checks #200335-200348 $347,898.34 6,818.42 354,716.76 Liquor Fund - Acct. # 00174-02 Regular Checks #4669-4710 Payroll Checks #00349-00362 $ 49,600.27 2,563.10 52,163.37 RESPECTFULLY SUBMITI'ED Sandra L. Kennelly City Clerk Mayor Rascop SIK:sn -10-