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071486 CC Reg Min . . 7:30 . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 14, 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, July 14~ 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, Councilmembers Gagne, Haugen, Shaw and Stover. Staff Present: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly AMENDMENT TO THE AGENDA Planner Nielsen informed the Council of a 7:30 PM public hearing on the street vacation of a portion of Birch Bluff Road at Eureka Road. PUBLIC HEARING Street Vacation - Portion of Birch Bluff Road Mayor Rascop opened the public hearing at 7:37 PM for the purpose of vacating a portion of Birch Bluff Road at Eureka Road. The vacation is to legally obtain road right-of-way that coincides with the location of the traveled surface and vacate the platted street that is not being use as road or right-of-way. This hearing was previously held on June 9th, 1986, but due to the requirement of 2 legal publications, this hearing is now being reheld. The second publication requirement has now been complied with at this time. After asking for public comment and receiving none, Mayor Rascop closed the public hearing at 7:40 PM. Gagne moved, seconded by Stover, to approve Resolution No. 59-86 as previously submitted. Motion carried by Roll Call Vote - 5 ayes. PLANNING COMMISSION REPORT Stover will report on the action taken by the Planning Commission on each of the items as the Council acts on the items on this agenda. -1- COUNCIL MEETING JULY 14, 1986 page two . PARK COMMISSION REPORT Silverwood Park Grading Plan Commissioner Jakel presented a request to have a grading plan ordered for Silverwood Park. Free fill may be obtained after the Administrator determines the quality. Shaw moved, seconded by Gagne, to approve the ordering of a grading plan for Silverwood Park. Motion carried. Manor Warming House/Pavilion The Commission would like to increase the size bf the warming house to 20' x 24'. Gagne moved, seconded by Shaw, to approve the increase of the warming house to 20' x 24' and directed the Administrator to obtain proposals for plans. Motion carried - 5 ayes. Snowmobile Ordinance A new draft of the snowmobile Ordinance is being discussed. Council asked that the snowmobile clubs be present at the Park Commission meeting to discuss the Ordinance. CONDITIONAL USE PERMIT Vern Zeller-50bO Shady Island Point . Mr. Zeller has requested setback a C.U.P. to expand a nonconforming structure. His house is nonconforming because it is only 7' from the side lot line, lakeshore zoning requires a 20' side lot line. His request is for a three season porch addition that will not increase the nonconformity. The Planning Commission recommends approval. Gagne moved, seconded by Haugen, to grant the Conditional Use Permit as requested. Motion carried by Roll Call Vote - 5 ayes. RESOLUTION NO. 74-86 SETBACK VARIANCES RESOLUTION NO. 75-86 Robert Eckstrom-26575 and 26525 Edgewood Road Mr. Eckstrom requested setback variances for 36' from the road for 2 lots at 26575 and 26525 Edgewood Road. The R-IA Zoning requires a 50' setback, but he would like the building to stay in line with the adjoining properties. Shaw moved, seconded by Gagne, to approve the variances subject to the Engineer's site approval. Motion carried by Roll Call Vote _ 5 ayes. CONDITIONAL USE PERMIT AND VARIANCE James Westby-27020 West 62nd Street RESOLUTION NO. 76-86 . Mr. Westby has requested a building permit to add a 12' x 24' storage shed. By adding this shed, he will exceed the total accessory building square footage allowed by Ordinance. Planner Nielsen recommends that the existing shed that does not meet setback requirements should be removed. -2- . . . COUNCIL MINUTES JULY 14, 1986 page three Mr. Westby agrees to all the other Planner's recommendations besides the removal of that shed. He stated that the building contains the electrical service for his barn and yard. Stover reviewed the Planning Commission. recommendations. They also discussed Ordinance changes that would consider total living space square footage versus footprint size as qualifications for accessory space. Stover moved, seconded by Gagne, to approve the Conditional Use Permit and Variance subject to the Planner's recommendations. After further discussion, Stover withdrew her motion, Gagne accepted the withdrawal. Shaw suggested lot size be used in relationship to accessory build- ings if the Ordinance is redrafted. Nielsen referred to the conditions of prior requests that have been denied. Stover moved, seconded by Gagne, to approve the Conditional Use Permit and Variance with the added condition that this property cannot be subdivided or used for its current use without the removal of non- conforming structures. Motion carried by Roll Call Vote - 5 ayes. SIMPLE SUBDIVISION Jan Niska-4720 West Lane Thomas Bodin-20755 Garden Road RESOLUTION NO. 77-86 Mr. Niska and Mr. Bodin were present to request a division and nation to increase Mr. Bodin's lot size by 14,000 square feet. would increase Mr. BOdins'snonconforming lot to 30,675 square and reduce Mr. Niska's lot to 55,325 square feet. Mr. Niska's remains conforming. Gagne moved, seconded by Haugen, to approve the division and combination as requested subject to the Planner's 6 recommendations (dated 6/24/86). Motion carried by Roll Call Vote - 5 ayes. combi- This feet lot CONDITIONAL USE BERMIi'T AND VARIANCE John Hodgdon-25e30 Birch Bluff Road RESOLUTION NO. 78-86 Mr. Hodgdon has requested a C.U.P. and. a variance, to add to a noncon- forming structure that sits 4.5' froin the side lot line and a variance for the new addition to be placed 6' from the property line. Mr. HDdgdon feels the addition must be placed 6' from the line in order to deal with the drainage through that lot. Letters have been received from the adjoining property owners stating their approval of the addition. Haugen moved, seconded by Gagne, to approve the request subject to items A and B of the Planner's Report (6/26/86). Motion carried by Roll Call Vote - 5 ayes. CONDITIONAL HOME OCCUPATION PERMIT Robert Wichterman-53e5 St. Albans Bay Road RESOLUTION NO. 79-86 Mr. Wichterman has requested a Home Dcoupation Permit to operate an upholstery shop out of his home. He can comply with the requirements of the Ordinance. -3- COUNCIL MINUTES JULY 14, 1986 page four . Stover moved, seconded by Gagne, to approve the Conditional Use Permit and issue a Home Occupation Permit subject to the Planner's recommend- ations. Motion carried by Roll Call Vote - 5 ayes. CONDITIONAL USE fERMIT David McCuskY-5250 Howards Point Road RESOLUTION NO. 80-86 Mr. McCusky has requested a C.U.P. to add a deck onto a nonconforming structure. The home is nonconforming due to a 35' setback from the road. The addition of a deck does not add to the nonconformity. Haugen moved, seconded by Shaw, to approve the Conditional Use Permit to add a deck. Motion carried by Roll Call Vote - 5 ayes. SIGN PERMIT Arnold's Restaurant-19335 State Highway 7 A request to install signs for the new Arnold's Restaurant was received. The signs will remain the same size as the existing signs and will be in conformance with the Ordinance. Shaw moved, Haugen seconded, to approve the sign permit request. Motion carried - 5 ayes. APPROVAL TO MAINTAIN PRIVATE PROPERTY WITHIN A PUBLIC RIGHT-OF-WAY James Keefer-20925 Forest Drive . Mr. Keefer put in a request to use and maintain an unimproved portion of the end of Forest Drive adjacent to his property. Attorney Froberg stated that Mr. Keefer would be responsible for that area and the City does have the right to revoke the use at any time. Gagne moved, seconded by Stover, to approve the request to use the public right-of-way. Motion carried - 5 ayes. DRAFT AGREEMENT FOR REPAIR TO WEDGEWOOD DRIVE Council reviewed a 10 point agreement between the City and Jim Dntcher for improvements to Wedgewood Drive. The agreement contains conditions for the improvements and reimbursement to Mr. Dutcher for payment of the improvement. Gagne moved, Stover seconded, to instruct the Attorney to draw a memorandum of agreement as discussed, and return to the Council. Tow quotes are required. Motion carried - 4 ayes - 1 nay (Rascop). DRAINAGE EASEMENT DISCUSSION - EUREKA ROAD John Majestic-5840 Eureka Road Mr. Majestic has requested that the Council discuss the proposed drainage plan for Eureka Road with him. Engineer Norton clarified the location and the need to remove approximately l~ to 2 feet from the bottom of the existing swaleto make the ~0:ttgm of the swale even with the bottom of the culvert. . -4- . . . COUNCIL MINUTES JULY 14, 1986 page five Mr. Majestic didn't agree with the Engineer's location of the natural drainage, he felt the natural drainage ran farther to the south. He questions how many trees and shrubs will be removed to create the new swale. He is opposed to the clearing out of this area. His}nom:e has 28 windows facing this natural site and sound barrier. He also felt some other method could be used to correct the drainage problems in that area. Haugen suggested further discussion be tabled until staff could mark the area for removal of trees and shrubs. They will then look at the site and discuss it at a later meeting. At the present time only 1 of the 8 required easements have been received. REQUEST TO RECONSIDER THE SALE OF WEST JR. HIGH RESOLUTION NO. 81-86 Shaw does not support the sale of the West Jr. High building due to the low selling price and the high cost of replacement when it may be needed, Haugen and Stover stated agreement. Shaw moved, Haugen seconded, to pass a Resolution requesting the School District to study their decision to sell the school at greater length due to the proposed increase in population. Motion carried 4 ayes - 1 abstain (Gagne). ATTORNEY'S REPORT Alarm Ordinance ORDINANCE NO. 181 Council reviewed the 3rd draft of the Alarm Ordinance. Minor changes in wo~ding were made. Chief Young is in agreement with the Ordinance and feels that it is enforceable. Council questioned if this Ordi- nance could revoke someones right to an alarm system. Permits would be revoked and require reissuance but the systems could not be required to be removed. Haugen moved, Stover seconded, to accept the 3rd draft of the Alarm Ordinance as corrected and adopted the Ordinance by Roll Call Vote- 5 ayes. Vine Hill Furniture Sign Violation The real estate sign and posts have been removed and the tractor trailer has been removed. Petition for Construction of S.E. Area Trunk Water Supply and Storage Facility RESOLUTION NO. 82-86 Gagne moved, Haugen seconded, to adopt this Resolution as submitted. Adopted by Roll Call Vote - 5 ayes. Ordering the Construction of S.E. Area Trunk Water Supply and Storage Facility RESOLUTION NO. 83-86 Gagne moved, Haugen seconded, to adopt the Resolution as submitted ordering the construction of the S.E. Area Water Supply. Resolution adopted by Roll Call Vote - 5 ayes. -5- COUNCIL MINUTES JULY 14, 1986 page six . ENGINEER'S REPORT - continued Accepting Bid - Project #86-lA RESOLUTION NO. 84-86 Gagne moved, Haugen seconded, to accept the Resolution accepting the bid for Project #86-lA, awarding the bid to LaTour Construction in the amount of $96,715.30, adopted by Roll Call Vote - 5 ayes. Setting Public Hearing on Proposed Assessments for S.E. Area Trunk Water Haugen moved, Gagne seconded, to adopt a Resolution setting the public hearing for setting the assessment rolls of the S.E. Area Water Trunk supply and storage facility for August 11, 1986 at 8:00 PM. Adopted by Roll Call Vote - 5 ayes. RESOLUTION NO. 85-86 ENGINEER'S REPORT . Approval of Street Project #86-3 Engineer Norton submitted a letter to the Council explaining the various proposed street and drainage projects and their costs. At this time he is recommending to the Council to accept the bid from Volk Trucking for Smithtown Road (item A) improvements. Haugen moved, Gagne seconded, to accept the bid and award it to Volk Trucking and Excavating Inc. in the amount of $155,312.96. Motion carried - 5 ayes. Norton will prepare sealcoating plans and specifications for bidding. S.E. Area Water Tower Site Discussion Norton informed the Council that his letter regarding acqulrlng a portion of State Highway 7 right-of-way to install a water tower has not been passed on to the Central office. He directed the letter to the District 5 headquarters on April 18, 1986, and after inquiries to the MnDOT Central Office, determined that they had not received the request to date. District 5 office has stated that the request will be submitted. PLANNER'S REPORT Denial of Temporary Use - Brom's Market A request has been received to use the Trivesco property for the temporary use as Brom's Market. This would include the construction as a temporary plastic building to be used for the product. Rascop moved, seconded by Gagne, to deny the request. Motion carried 4 ayes - 1 nay (Shaw). Council directed staff to determine why a small block portion of the old structure has not been removed. . -6- COUNCIL MINUTES JULY 14, 1986 page seven . PLANNER'S REPORT - continued Swimming Pool Request - Stephen Larson - 20435 Radisson Inn Road Planner Nielsen submitted a request for the installation of a swimming pool. The property is approximately 5 acres and no variances are needed. Gagne moved, Haugen seconded, to approve the request. Motion carried 5 ayes. Corridor Study - Design Alternatives A public hearing will be held at the Minnetonka City Hall at 7:00 PM, July 16, 1986, to discuss the various alternative plans for improvements to Highway 7. Nielsen explained each of the alternatives to the Council. Three basic areas were concentrated upon: -State Highway 7 at Vine Hill Road -State Highway 7 at Excelsior -State Highway 7 at Highway 41 Council supports Alternative #1 only (Vine Hill Road and Old Market Road), all additional alternatives are unaffordable to the City. . Rental Property - 5795 Country Club Road The renters in the newly purchased property next to City Hall have requested to continue their lease. Gagne moved, seconded by Shaw, to deny the request after August 31, 1986. Motion carried - 3 ayes - 2 nays (Haugen and Stover). ADMINISTRATIVE REPORTS Request to Purchase Bobcat Public Works Director Zdrazil has requested purchasing a used Bobcat, not to exceed $11,000. Gagne moved, Stover seconded, to approve the request and to require that two quotes be obtained. Motion carried - 5 ayes. Football Field Status Administrator Vogt has drafted a letter to Aspen Excavating informing them that no payment will be made for the fill until the correct the problem and it has been inspected and approved by the City. Shaw supports the Park Commission's willingness to resolve the problem. Council thanked the Administrator for his procedural letter that has been submitted to all Commissions and staff. . -7- COUNCIL MINUTES JULY 14, 1986 page eight . MAYOR'S REPORT Request for Funding - Senior Center Mayor Rascop has received a request for funds in the amount of $5,277 for 1987 for the South Shorew Senior Citizen Center. Haugen would like to see if this can be funded through CDBG funding. Police Committee Meeting A Police meeting was held July 6, 1986. They discussed raises, 4.5% was set for 1986 and 4% for 1987= A letter will come for Tonka Bay regarding the new police contract. COUNCIL REPORT Mosquito Spraying Haugen requested that the Administrator direct a letter to the DNR and Federal EPA and encourage immediate spraying for mosquitoes. Election Equipment Haugen questioned the purchase of new voting equipment. Clerk Kennelly explained the current study of purchasing optical scanning equipment by Hennepin County. She will return to the Council with additional information when received. . Budget Request - Volunteer Dinner Haugen would like to see funds allocated for an appreciation dinner for volunteers giving service to the City. Finance Committee Meeting A Finance meeting will be held on July 17, 1986. Stover and Rascop will attend. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the regular Council meeting of July 14, 1986 at 11:18 PM subject to approval of claims. Motion carried unanimously - 5 ayes. General Fund -Acct #00-00166-02 RESPECTFULLY SUBMITTED, Checks # 32233 - 32290 $ Checks #200420 -200452 = 96,878.90 8,101.80 Sandra L. Kennelly City Clerk Total $ 104,980.70 Liquor Fund - Acct #00-00174-02 . Mayor Rascop Checks # 4738 - 4777 $ 6hecks #200453 -200466 = Total $ 60,862.12 2,904.74 63,766.86 SLK:sn