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092286 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 22, 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 22, 1986 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Acting Mayor Gagne opened the Council Meeting with the Pledge of Allegiance and Prayer. ROLL CALL Present: Acting MaYQJr.Gagne, Councilmembers Haugen, Shaw and Stover (Mayor Rascop arrived at 9:05 P.M.) 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 September 8, 1986,Council Meeting to include corrections on pages 5 and 6. Motion carried - 4 ayes. PLANNING COMMISSION REPORT Gagne referred to the Planning Commission minutes of September 16, 1986 submitte~ with the Council packet. PARK COMMISSION REPORT Shaw reported on the last Park Commission meeting that Administrator Vogt attended. Hee~plained the reason for the change of loca- tion of the well on the Silver Wood Park site. He also reviewed the $tatus of various other projects in the City currently in progress. He also indicated that the LAWCON grant application has been denied. The Commission approved the storage location of fill to be removed from the Badger field, for later removal. The Commission thanked Administrator Vogt for attending th~ir meeting and for the ~tatus report on current projects. CONSENT AGENDA APPROVALS RESOLUTION NO.109-86 Covington Vine Ridge - Reduction of Letter of Credit A request for a reduction of a Letter of Credit for the Covington Vine Ridge project has been received from Ron Helmer of United Mortgage Company. The Council approved the reduction of their Letter of Credit to $336,000.00 as recommended by staff. -1- COUNCIL MINUTES MONDAY, SEPTEMBER 22 , 1986 page two . Near Mountain Street Lighting Request A request and location diagram was received requesting street lighting for Chestnut Ridge at Near Mountain 9th Addition and Sweetwater at Near Mountain. Acceptance of Quote For The Completion of Badger Park Football Field Park Commission has recommended acceptance and authorization to complete the work needed to Badger Football Field. They recommend the Bid be given to Donis Sod Service in the amount of $3,350.00 this being the lowest bid received. Approval of Equipment Pur~chase Publicwcrks Director is requesting to purchase a 16' trailer and replacement of a garage door for the maintenance building. Gagne has recommededthe expenditure at a total cost of $5,620.00. Shorewood Tanning Center - Building & Occupancy Permit A request has been received for a building permit and occupancy for a 10 booth tanning studio in the Shorewood Shopping Center. Nielsen recommended approval subject to compliance with all health and building codes. Haugen moved, seconded by Stover, to approve all items listed on the consent agenda. Motion carried - .4 ayes. (Rascop absent) . WCL ACRES - FINAL PLAT & DEVELOP~lliNT AGREEMENT APPROVAL RESOLUTION NO. 110-86 Staff has gone over the current WCL Acres plans and has made some plan revisions that will be finalized for review by the Engineer, with those changes the staff reoommended approval of the final plat and development agreement. Haugen moved, seconded by Gagne, to approve the final plat and development agreement subject to Engineers approval of drainage plans and receipt of revised plans. Final Resolution to be held until staff has reviewed all ~nformation as requested. Motion carried by Roll Call Vote - 4 ayes. MANITOU PROPERTIES REQUEST OF WITHDRAWAL A letter has been received from John J. Smith representing his clients, requesting withdrawal of their application for a C.U.P. for an outdoor storage facility at 5620 County Road 19. Shaw moved, seconded by Stover, to accept the withdrawal, not to be continued without a new application being submitted f~r this property. Motion carried - 4 ayes. . REVISION OF THE MCDONALD VARIANCE RESOLUTION NO. 111-86 Nielsen reviewed the variance granted to Mike McDonald of 4695 Lagoon Drive granting one variance and requesting that the garage be relocated as not to require a lakeshore setback variance. Mr. McDonald has returned to request a lakeshore setback variance due to the survey being incorrect. -2- COUNCIL MINUTES MONDAY, SEPTEMBER 22, 1986 page three . REVISION OF THE MCDONALD VARIANCE-cont. Two alternative plans have been submitted, of which, Mr. McDonald prefers plan B that requires a 14 variance but allows him to retain two additional trees. Nielsen recommended Plan A which requires a nine foot variance. Haugen moved, seconded by Gagne, to support Plan A and grant a 9' lakeshore setback variance, Motion carried - 4 ayes. . . C.U.P. - GULLIFER - 20655 MANOR ROAD RESOLUTION NO. 112-86 Mr. and Mrs. Gullifer of 20655 returned with revised addition plans to their home that would not require a setback variance, as the Council had suggested at the previous meeting. Shaw moved, seconded by Haugen, to approve the CUP to add to a non- conforming structure. Motion carried by Roll Call Vote - 4 ayes. SIDWELL DENTAL - FINDINGS OF.FACTS RESOLUTION NO. 113-86 Attorney Froberg submitted the finding of facts to deny the request of Mr. Sidw~ll of 5000 Shady Island Point for a setback variance. Findings of Fact were submitted and drawn in accordance with Council direction at the September 8, 1986 meeting. Stover moved, seconded by Shaw to accept the Resolution of denial as submitted. Motion carried by Roll Call Vote - 4 ayes. WILD DUCK 2nd ADDITION - OUTLOT DISCUSSION Mr. Jim Dutcher came before the Council to discuss the possibility of developing the Outlot of Wild Duck 2nd Addition. He would like to build 4 single family dwelling on this 3 acre parcel with 15,000 square feet going to Tonka Bay for Park property. Mr. Dutcher reviewed the history of the zoning being R-1 when he built his 9 double units. The zoning has changed to R-2 and now B-2A. Haugen understood that the reason the density was allowed was based upon the Outlot being6pen spaces~ Stover indicated that this project instituted the PUD ordinance. Council was given a copy of an easement to the City of Shorewood that was unsigned and unfiled that stated that the Outlot remain unbuildable. The orginal copy was never filed .with the plat as the City had requested. Gagne questioned whether the zoning changes may warrant a reconsider- ation of its use. Shaw moved, seconded 'by Gagne, to obtain additional history and the effects the variance zoning changes have had on the property. Motion carried - 4 ayes. ATTORNEYS REPORT Water Tower Site Condemnation Statu,s Attorney Froberg has received corresponsence with the State Hwy Dept. regardi~g the acquisition of the property for the SE Area wa~er tower slte. -3- ~ ~ ~ COUNCIL MINUTES MONDAY, SEPTEMBER 22, 1986 page four ATTORNEYS REPORT-cont. Water Tower Site Condemnation Status-cont. The State wants to reconvey the land easement back to the heirs of the original owners, with the agreement that the City continue condemnation proceedings. Then at the completion of the condem- nation, the City would then grant an easement back to the S~ate for the portions of the property they need for road use only. This would get the City the water tower site and some additional land. Shaw felt the State was asking to City to clear up a mistake that was made years ago. This would also turn over the responsibilty of the picnic area to the City. The Council fe~ls the only area they choose to obtain would be for the water tower site only. Froberg will respond to the Highway Department with the Council's decision. ENGINEERS REPORT S.E. Area Deep Well Status Report E.H. Renner and Sons have the casing set and the alignment test done, if the progress continues, the\\well cost may come in lower than the bid. NEAR MOUNTAIN SIGN PERMIT RESOLUTION NO. 114-86 Lundgren Bros. have requested two sign permits for entrance mon- uments for the Sweetwater Addition and for the north entrance of the Near Mountain project. These requests are in compliance with the ordinance. Stover moved, seconded by Gagne, to approve the sign permits as requested. Motion carried by Roll Call Vote - 4 ayes. ADMINISTRATORS REPORT Minnetonka High School - Slip Ramp Administrator Vogt attended the meeting regarding the traffic problems at the School. The School feels they will try to solve the problem internally by new traffic flow plans. MAYORS REPORT Hennepin County Park Group - Boat Ride Gagne reported on the boat ride and bus ride he attended, reviewing the various marinas, accesses and proposed new sites. Rascop arrived at 9:05 P.M. MetropolitanCduncG:1Report on Airports Council directed Planner Nielsen to respond to Metro Council, not accepting the report due to the lack of comments regarding the impact of air traffic to Lake Minnetonka. -4- COUNCIL MINUTES MONDAY, SEPTEMBER 22, 1986 page five . COUNCIL REPORTS Liquor Store I Lease Discussion The Store I lease is up for renewal on November 1, 1986. Gagne and Stover recommend a letter be drafted dnd sent by the Attorney to Mr. Niemela extending the lease for 6 months at the current rate. This would allow time to further negotiate the new lease agreement. The Council was in full agreement with the request. SHOREWOOD SHOPPING CENTER COMPLAINTS A letter has been drafted to Mr. Driskill regarding the violations of storage of tractor trailers on his property. VILLAGE PUMP COMPLAINT Gagne would like to see the property at Village Pump cleaned up, he feels additional controls should be instituted. If the business remains closed more than 90 days, an occupancy permit will need to reopen, The grandfathering items willTno longer exist. At this time controls can be established when requesting a new occupancy permit. . OUTSIDE STORAGE USE DISCUSSION Shaw questioned when and why the Outside Storage provlslon was established. Nielsen stated that it was put into the new zoning Ordinance without any specific request in mind. Stover moved, seconded by Gagne, to direct the Planning Commission to reconsider the Ordinance that provides for the primary use being outside storage. Motion carried - 5 ayes. DRAINAGE PROBLEM - AMLEE ACRES DOCU~~NT Gagne submitted a letter from former Mayor Frazier dated September 24, 1978 regarding drainage through Lot 15, Amlee Acres. He would like this letter placed with the property file. APPROVAL OF CLAIMS AND ADJOURNMENT Rascop moved, seconded by Shaw to adjourn the September 22, 1986 Council Meeting at 9:30 P.M. subject to approval of claims. Motion carried unanimously - 5 ayes. General Fund - Acct. No. 00-00166-02 Checks #32508-32563 =$111,296.70 Payroll Check #200587-200601 =$ 8,104.34 $119,401.04 . Liquor Fund - Acct. No. 00-00174-02 Checks #4898-4957 Payroll Checks #200602-200615 =$ 6@,183.34 =$ 2,726.08 $ 64,909.42 RESPECTFULLY SUBMITTED, Mayor Rascop Sandra L. Kennelly, City Clerk