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090886 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 8, 1986 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 at 7:30 P.M., September 8, 1986 in the Council Cham- bers by Active Mayor Gagne. PLEDGE OF ALLEGIANCE AND PRAYER Acting ~y~r Gagne opened the Council meeting with the Pledge of Allegiance and Prayer. ROLL CALL Present: Acting Mayor Gagne, Councilmembers Stover, Haugen and Shaw (arrived at 7:37) (Rascop absent) Staff Present: Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt and Cn~rk Kennelly. APPROVAL OF MINUTES Haugen moved, seconded by Gagne, to approve the minutes of the August 25, 1986 Council meeting as written. Motion carried - 2 ayes - 1 obtain (Stover-because she had not attended the meet- ing) (Shaw and Rascop absent) (Shaw arrived at 7:37 P.M.) MATTERS FROM THE FLOOR Pat Gorecki informed the Council of a meeting being held at the St. Louis Park Recreational Building on garbage collection. The meeting is being put on by the Met Council and the Municipals. Planning Commission Stover did not attend the last meeting but she referred to the minutes submitted in this packet. Continuation of Matters from the floor The Hennepin County Park Board is looking for Parks on Lake Minnetonka. Gagne will attend their next meeting of September 20, 1986 from 10:00 A.M. to 2:00 P.M. Presentation to Paul Fasching Haugen Made a presentation to Paul Fasching of 26450 West 62nd street for responsible actions in waking up a family to alert them, their home was on fire. The family was uninjured because of hi.s awareness and quic~ response. -1- COUNCIL MEETING SEPTEMBER 8, 1986 page two . Consent Agenda Approval of Payment - Proj ect 86-1B - Deepwell Voucher #1 Council approved payment of $29,355yOO to E.H. Renner & Sons, Inc. under Voucher #1 of the SE Area Deepwell - Project # 86-1B. Approval of Payment - Project 86-1A - SE Area Watermain - Voucher #1 Council approved payment of $93,277.62 to Latour Construction under Voucher #1 of the SE Area Trunk Watermain, street sur- facing, Project #86-1A. Approval of Payment - Project 86-3 - Street Replacement - Voucher #1 Council approved payment of $90,854.26 to Volk Trucking and Exaavatfupg under Voucher #1 of the Smithtown Road replacement Project 86-3. Cable Commission Budget Approval RESOLUTION NO. 101-86 . Council approved the Cable Commission's Budget as submitted per the Joint Powers Agreement. Merry Lane/Christmas Lake Access RESOLUTION NO. 102-86 IINo Parking Signsll In accordance with the Agreement with the Christmas Lake Association, the Council approved replacement of the IINo Parking" signs that are enforceable by the Police Depart.m mente Sign Permit - Near Mountain P,U.D. Council approved an 8' x 8' construction sign to be placed at the entrance of the Sweetwater project. Haugen moved, seconded by Stover, to appwove the above listed items on the Consent Agenda as submitted. Motion carried by Roll Call Vote- 4 ayes. Garbage Ordinance Review Haugen informed the Couneil that Hennepin County is looking at a County wide recycltirlg;program, and the Met Council is studying an over all plan for disposal. -- Haugen moved, seconded by Gagne, to table further discussion on the Garbage Haulers Ordinance until June 1, 1987, and to Publi- cize the date of that meeting - Motion carried - 1+ ayes. -2- . . 8:00 PM . COUNCIL MEETING SEPTEMBER 8, 1986 page three Garbage Ordinance Review - cont. Paul Albrecht asked if there was documentation on why the Council was pursuing garbage control. Gagne suggested that to obtain previous Council minutes on this matter. CUP and Setback Variance 27100 Edgewood Road Mr. Robert Bergstrand of 27100 variance and a CUP to expand a quest is to add a second story not expand the nonconformity. RESOLUTION NO. 103-86 Edgewood has requested a setback nonconforming structure. His re- to the existing structure, it will Haugen moved, seconded by Shaw, to grant the CUP and variance subject to the Planning Commission and Planners recommendations. Motion carried by Roll Call Vote - 4 ayes. ATTORNEYS REPORT Eureka Road Drainage Update All easements have been obtained that are needed to install drain- age up to Freeman Park, except Majestic & Albrechts. Albrecht has agreed to sign the easements at the completion of the sale of their property. Froberg will be arranging for an appraisal on the Majestic property, for a 10' permanent easement. Water Tower Site Condemnation Condemnation procedures to acquire ownership, instead of ease- ment rights, are proceeding. The appraisal has been reviewed and states that no additional value will be lost to the property because of the use for a tower site. Engineer Norton would like to begin soil boring tests. Froberg felt they could be started with the State's permission. He did estimate four to five months for the completion of the condemnation. SNOWMOBILE ORDINANCE ORDINANCE #183 Shaw moved, seconded by Gagne, to adopt the Shorewood Ordinance to include amended page 5 as submitted. Ordinance adopted 3 ayes- 1 nay (Haugen) by Roll Call Vote. PUBLIC HEARING: Acceptance of Assessment Roll for the SE Area Trunk Water Supply and Storage Facility JRE$([)LNTION NO. 108-86 The Public hearing for the SE Area assessment rolls was opened by Acting Mayor Gagne at 8:00 PM for public comment. -3- COUNCIL MEETING SEPTEMBER 8, 1986 page four . Acceptance of Assessment Roll for the SE Area Trunk Water Supply and Storage Facility - cont. Ed Bergs~inasked if any other City residents would be paying for any of the costs of this improvement. Administrator Vogt explained that these project costs are totally assessed to the four subdivisions receiving ~he improvements. After requesting and receiving no further public comments, Gagne closed the publiC portion of the meeting at 8:04 PM. Haugen moved, seconded by Gagne, to accept the assessments rolls as submitted. Motion carried by Roll Call Vote - 4 ayes. C.U.P - 5270 Howards Point Road RESOLUTION NO. 104-86 Mr. Jeff Fox of 5270 Howards Point ROald was present to request a CUP to expand a nonconforming structure. He added a 8' x 29.5' deck without a permit but does not increase the nonconformity. Stover moved, seconded by Shaw, to grant the conditional use permit subject to the Planner's & Planning Commission's recom- mendation. Motion carried by Roll Call Vote - 4 ayes. . C.U.P~- 20915 Radisson Inn Road RESOLUTION NO. 105-86 Dennis Jabs of 20915 Radisson Inn Road has constructed, without a building permit, a 27 x 27 deck. This structure increases the nonconformity of the home and is built over the lot line owned by Jabs. A CUP is necessary and the PlanDer has recommended that he combine his three substandard parcels into one which will then lessen the non-conformity of his home. Mr. Jabs would like to retain the lots as separate parcels. He is also objecting to the costs associated with a CUP, and double fees on building permit. Nielsen indicated that the unused portion of the CUP fee will be returned if requested, and the double permit fee was because no permit had been applied for prior to construction. Stover moved, seconded by Gagne, to approve the CUP in accordance with Planning Commission and Planners recommendations, lots to be joined within 30 days, and the refund of an adjusted sewer assessment. Motion carried by Roll Call' Vote - 4 ayes Denial of Setback Variance BOOO Shady Island Point RESOLUTION NO. 106-86 . Susan Sidwell of 5000 Shady ISland Point was present to request a setback variance for a garage and dog kennel constructed with- out a permit. Nielsen felt there was adequate land available to build within the setback area. Ms. Sidwell would like to be able to leave the kennel with temporary building in the. present lo- cation if the current building had to be relocated. -4- COUNCIL MEETING SEPTEMBER 8, 1986 page five . 5000 Shady Island Point - cont. Shaw moved, seconded by Stover, to deny the setback variance as recommended by the Planning Commission and Planner and directed the Attorney to prepare a findings of fact. Motion to deny was approved by Roll Call Vote - 4 ayes. SETBACK AND DRIVEWAY VARIANCE 24450 Smithtown Road RESOLUTION NO. 107-86 The Planner reviewed the previously submitted plans to expand the American Legion of 24450 Smithtown Road. They are requesting a variance at this time for their parking lot and driveways. Gagne questions the effect the tarred parking lot will have on runoff in the area. There are plans for ponding that will main- tain the current rate of water runoff. Haugen moved, seconded by Gagne, to approve the variance subject to the recommendations of the Planner and Planning Commission. Also to have drainage plans approved and re~eive approval from adjoining property Dwner for the ponding area. Proper circula- tion sign to be posted on the driveways. Motion carried by Roll Call Vote - 4 ayes. . C.U.P. AND SETBACK VARIANCE CONTINUED 20655 Manor Road Mr. and Mrs. William Gullifer of 20655 Manor Road were present to request a CUP and setback to add to a nonconforming structure. Discussion of zoning requirements at the time this home was con- structed took place, may not have been built as nonconforming. Relocation or plan changes may result in no need for avariance. Shaw moved, seconded by Haugen, to table for reconsideration of plans and return at the next meeting for acting. Motion carried - 4 ayes. WCL ACRES REQUEST FOR PLAT APPROVAL Mr. Gene Thomas represented Mr. Larson in his request for final plat approvaLfoT WCL Acres. Haugen moved, seconded by Gagne, to direct the staff to draw a development agreement to include the recommendations of the Planning Commission, Planner, and in accordance with the sub- division Ordinance also to include a current title opinion. Motion carried - 4 ayes. . Mr. Thomas asked to have the plat approved at this time in order to allow the new purchaser the existing house to move in. Council directed that the agreement be drawn Tho allow the purchase to move in prior to the closing. -5- . . . COUNCIL MEETING SEPTEMBER 8, 1986 page six COUNCIL SALARY ORDINANCE ORDINANCE NO. 184 Gagne moved, seconded by Haugen, to accept the second reading and adopt the Ordinance increasing the monthly salaries for the Mayor to $200.00 and the Councilmembers to $150.00. Motion carried by Roll Call Vote - 4 ayes. ENGINEERS REPORT City Projects Statutes Report The sealcoating project will be started and completed this week. Shaw questions the placement of the Well for the SE Area on the Park property. He and the Park Commission were not aware of the relocation of the pump house. Norton stated that the building size and location were changed when the plans to install a water tower were made. Vogt felt there may have been some miscommunication with the Park Commission regarding this change. He will discuss all Council actions regarding the Park Commission with the Park secretary in the future and he will be attending the next Park meeting to answer any questions they may have. Grading Permit Approval - Waterford Second Addition Norton has received a request for a grading permit to start work in the 2nd phase of Waterford. The development agreement and final plat are being prepared and will be submitted to the Council soon. Gagne moved, seconded by Shaw, to grant the! grading permit sub- ject to their receiving approval from the Watershed district. Motion carried - 4 ayes. Due to the poor condition ofapproximatelV 50'-100'of Lake Virginia Drive, Volk Trucking was asked to submit a bid for that repair. They are the company that is doing the Smithtown Road replace- ment project. When the bid is received the availibility of funds. will be determined. ADMINISTRATION REPORTS Meeting Dates --- --- - Budget meetings will be held on September 23, at 7:30-work session, and September 29, at 7:30 ,-PM the public hearing to adopt the budget will be held. -6- . . . COUNCIL CHAMBERS SEPTEMBER 8, 1986 page seven ADMINISTRATIVE REPORTS cant. Kennel Purchase A request from a resident to purchase the dog kennel at the City's new building was received. The Administrator will obtain an estimate of value on the kennel. Corridor Study - High School Slip Ramp A major part of the corridor study meeting discussed the slip ramp at Minnetonka High School. There was a major traffic jam at the School the first week after opening. The school was considering closing the ramp. Council discussed their disagree- ment with that closing. They felt alot of the conjestionwas due to the construction at the school. Council stated their support in keeping the ramp open. COUNCIL REPORTS Community Services Community services has institued a new program at the Jr. High calledl. the "connection". '['his will allow students to use the school facilities until 6:00 PM. Regional Transit Meeting The Regional Transit meeting will be held September 10, 1986. Administrator Vogt will be attending because Haugen is unable to do so. Wild Duck 2nd'Addition Outlot Nielsen informed the Council that Mr. Dutcher was interested in developing his Outlot at the end of Wedgewood Road. He would like to build 4 homes and donate a portion to Tonka Bay for Park property. Council felt the property was to remain unbuildable in exchange for the density he received for his development. Nielsen found a copy of an easement that restricted this Outlot from being built on. This easement was not filed with the subdivision at the County. Shaw requested staff to obtain further information and require that the easement be filed at this time if it was stated as a condition of the plat. School Closings Information Council received a letter discussing the possible reopening of West Jr. High and possible closing of Excelsior or Minnewashta in exchange. -7- . . . COUNCIL CHAMBERS SEPTEMBER 8, 1986 page eight School Closing Information - cont. Council directed a letter be sent indicating that due to the locations of the Schools, the Council feels that there would be a greater chance to find a use for the Excelsior building instead of the Minnewashta School. Complaints at Driskills Super Value Complaints will be addressed regarding the parked semi-trailers, for-sale vehicles, missing stop sign and poor condition of the parking lot. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the September 8, 1986 Council meeting at 10:37 P.M. subject to approval of claims. General Fund - Acct. # 00-00166-02 Checks #32443 - 32507 Checks #200556 - 200571 Total $ 261,082.16 $ 8,301.41 $ 269,383.57 Liquor Fund - Acct. # 00-00174-02 Checks #4869- 4897 Checks #200572 - 200586 Total = -~ $ $ 60,299.46 2,766.27 63,065.73 RESPECTFULLY SUBMITTED, Mayor Rascop Sandra L. Kennelly City Clerk SLK/slt -8-