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112486 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, NOVEMBER 24, 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. Monday, November 24, 1986 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council Meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Stov~r, Gagne, Shaw and Haugen (Haugen arrived at 7:40P.M.) Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES . Gagne moved, seconded by Stover, to approve the minutes of the Regular Council Meeting of November 10, 1986 to include correc- tions on pages 3 & 4. Motion carried 4 ayes ( Haugen absent). Gagne moved, seconded by Shaw to approve the minutes of the Special Council Meeting held November 5, 1986, as written. Motion carried 4 ayes ( Haugen absent). . MATTERS FROM THE FLOOR Sewer Back-up - Shady Hills Mr. and Mrs. Greg Thompson of 19335 Shady Hills Road and Mr. and Mrs. Bill Ward of 19355 Shady Hills Road, came to the Council to question the responsibility of the City in the. seWElr back-up damage to their houses. Administrator Vogt reviewed for the Council the procedures taken by the City Public Works Department to flush out sewer lines. A large grease obstruction was being flushed out from the lines near the Burger King and Arnold's Hamburger restaurants at the time of the sewer back-up. The City attended to the problem and contacted a service to clean out the basements at the time of the occurance. Vogt inspected the homes and submitted claims to the City insurance agent who will then submit the claims to the insurance carrier. The residents have removed the carpeting in their downstairs areas and have begun clean up procedures. Attorney Froberg suggested that the Council make no statements on responsibility until the insurance carrier responds to the claims submitted. Council directed the staff to research previous claims and how they were handled. Engineer Norton explained the jet tLng and vaccuming procedures for this type of line clean-up. This procedure has now been completed in this area. -1- COUNCIL MINUTES MONDAY, NOVEMBER 24, 1986 page two . Sewer Back-up Shady Hills cont. Mr. Thompson does feel the jettings caused the problems and would like to make sure this doesn't occur again. Rascop stated that the City would get back to them as soon as response is received fromthe insurance company. PLANNING COMMISSION REPORT Stover referred to the Summary of Motions dated November 18, 1986. She indicated that the Swedlund division was scheduled fora 12/8/86 public hearing to request the vacation of a fire lane adjacent to the property. The Commission did not know what recommendation to give to the request from Larry Reid, to respond according to the current Ordinance or the recommended Ordinance amendment. PARK COMMISSION REPORT Gordy Lindstrom reported that the entrance road to Freeman Park from Eureka Road is completed, and looks good. They have been discussing a dock installation at Crescent Beach with various dock builders and installers. Plans are being obtained from Minnetonkafor warming house fa~ cilllities for possible construction at Manor Park. . ZONING ORDINANCE AMENDMENT ORDINANCE NO. 188 ALLOWING EXPANSION OF NONCONFORMING SINGLE-FAMILY DWELLINGS WITHOUT A C.U.P. Stover moved, seconded by Gagne, to accept the 1st reading of this Ordinance, waiving the 2nd reading and adopting the Ordinance as amended. Ordinance adopted by Roll Call Vote - 5 ayes. ZONING ORDINANCE AMENDMENT ORDINANCE NO. 189 REDUCING THE SIDE YARD SETBACK FOR LAKE SHORE LOTS Stover moved, seconded by Gagne, to approve the 1st reading of this Ordinance, to waive the 2nd reading. and adopt the Ordinance as amended, and to include a 30 foot total with a 10' minimum for side yard setback. Motion carried by Roll Call Vote - 5 ayes. LMCD recommended the DNR Shoreline Ordinance requiring 20 foot setbacks. The DNR will recognize the Ci t.iies Ordinance. . C.U.P. TO EXP~ND A NONCONFORMING STRUCTURE RESOLUTION NO. 126-86 DAVID M. SANDERS - 5205 HOWARDS POINT ROAD A request from Mr. Sanders to add a second story room on his pre- sent home was received. His present home is non-conforming due to non-conformance with setback regulations of the R-1A district. Stover moved, seconded by Haugen, to approve the C.U.iR. as requested. Motion carried by Roll Call Vote - 5 ayes. -2- COUNCIL MINUTES MONDAY, NOVEMBER 24, 1986 page three . C.U.P. TO EXPAND A NON-CONFORMING STRUCTURE AND C.U.P. FOR ACCESSQRY STRUCTURE OVER 1000 SQUARE FEET IN AREA RESOLUTION NO. 127-e6 LARRY REID - 277~O ISLAND VIEW ROAD Mr. Reid has requested a C.U.P. to expand a non~conforming structure that does not currently meet the side line setbacks of the district. Stover moved, seconded by Shaw, to approve the C.D.P. to expand this non-conforming structure. Motion carried by Roll Call Vote - 5 ayes. Gagne moved, seconded by Rascop, to approve the C.D.P. to expand an accesspry building over 1000 square feet. Motion carried by Roll Call Vote - 5 ayes. . C.U.P. AND SETBACK VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE FRANK FALLON - 1050 HOLLY LANE Mr. Fq,llon has made a request for a C.U.P. to add onto a non- conforming structure due to the fact that does not meet current side yard setback regulations. He also needs a 3' variance to expand the addition into the lake side setback. Rascop questioned a tennis court on the proposed @iteplan. This court was placed on an old site plan and does not exist nor is it proposed. Haugen requested the staff to research the previous division for any conditions that may have been put on the division approval. Stover moved, seconded by Shaw, to approve the C.U.P. and variance request as submitted, omitting the tennis court from the site plan gnd subject to no restrictions being placed on the division that would prohibit this request. Motion carried - 5 ayes. C.U.P. SPECIAL HOME OCCUPATION RESOLUTION NO. 129-86 ERIC C. JACOBSON - LAKESHOREc POOL AND SPA - 6055 RIVIERA LANE Mr. Jacobson has presented a request t8 operate his pool business from his home. This request includes only design and bookkeeping with storage of materials to be inside only. All construction of the pools are on the site of the clients. Shaw moved, seconded by Haugen, to approve the Home Occupation permit subject to the conditions of the Ordinance. Motion carried - 5 ay.es by Roll Call Vote. C.U.P. FOR A SPECIAL HOME OCCUPATION RESOLUTION NO. 130-86 TERESA VAN STRAATEN - 25445 SMITHTOWN ROAD Gagne ffim'IVed, seconded by Stover, to recommend approval of a Home Occupation permit to operate a l-chair cosmetology service in her home as recommended by the Planning Commission and in accordance with the Ordinance. Motion carriied - 5 ayes - by Roll Call Vote. REZONING - MARILYNWOOD 2ND ADDITION ORDINANCE NO. 190 . Joe Gorecki, representing property owners John McCartney & Gene Clapp in their request to rezoning the property, proposed as Marilynwood 2nd Addition to an Rl~C from the current Rl-A district. -3- COUNCIL MINUTES MONDAY, NOVEMBER 24, 1986 page four. . REZONING - MARILYNWOOD 2ND ADDITION-cont. Planner Nielsen reviewed the rearrangement of the road and added landscaping from the proposed plan submitted. Engineer Norton re- viewed the need for the grading plan to include drainage easements, street grade to be ~ 8% or less, storm sewer drainage, wetland storage and added drainage outlet to the South West. Stover moved, seconded by Gagne, to approve the rezoning from Rl..A to R-IC as a transitional zone for the area .Ordiinance amendment approved by Roll Call Vote - 5 ayes. MARILYWOOD 2ND ADDITION - PRELIMINARY PLAT APPROVALS RESOLUTION NO. 133-86 Stover moved, seconded by Gagne, to approve the amended plat in accordance with the Planner's recommendations. Motion carried by Roll Call Vote - 5 ayes. Engineer Norton would like to see building pad elevations on the grading plan. . FENCE HEIEGHT VARIANCE PAUL KAKACH - 5965 GRANT BillREET Stover reported on the need for the fence to separate the two properties. Shaw moved, seconded by Stover, to approve the 6' fence set 2' inside the property line for the purpose of maintenance. Motion carried 5 ayes - by Roll Call Vote. RESOLUTION NO. 134~86 ZONING ORDINANCE AMENDMENT ORDINANCE NO. 191 ALLOWING ALL CONDITIONAL USES IN THE C-l DISTRICT AS CONDITIONAL USES IN THE C-3 DISTRICT Haugen moved, seconded by Gagne, to include IIC-l and" to Sec. 200.22 Subdivision 4a. of the Shorewood Zoning Ordinance. This will allow all Conditional uses as are currently allowed in the C-l District. Also to accept the 1st reading, waive the 2nd reading and adopt the Ordinance amendment. Motion carried by Roll Call Vote - 5 ayes. ZONING ORDINANCE AMENDMENT ORDINANCE NO. 192 MODIFYING REQUIREMENTS FOR LIMITING OUTDOOR STORAGE FACILITIES TO ACCESSORY USES Shaw moved, seconded by Stover, to accept the 1st reading, waive the 2nd readipg and adopt the Ordinance amendment as submitted. Motion carried - 5 ayes - by Roll Call Vote. . PLANNERS REPORT Building Permit - Lundgren Bros. Mike Pflaum of Lundgren Bros. Construction has requested a building permit for a lot in the undeveloped Chestnut. Ridge lOth Addition. This will be a dif3play model with no utilities ser- vicing the property at this time, no occupany permit will be issued. -4- COUNCIL MINUTES MONDAY, NOVEMBER 24, 1986 page five ~ PLANNERS REPORT - cont. Building Permit - Lundgren Bros. - cont. Haugen moved, seconded by Gagne, to issue a building permit for the N. W. Corner of Outlot C subject to no occupancy permit issued until the lOth Addition has been platted and all utilities are connected. Also to withhold 1 building permit from Chestnut 9th Addition for the completion of the utilities and platting of the lOth Addition. Motion carried - 5 ayes. ATTORNEYS REPORT Eureka Road Drainage The appraisal has not at 5840 Eureka Road. this week. SE Area Water Tower Site Easement been completed on the Majestic property Froberg was told it will be completed ~ Attorney Froberg reviewed the legal steps that need to be taken in order for Shorewood to obtain a clear and final title for the proposed water tower site. Council questioned whether the City or MnDot should be dealing with the legal action to obtain a por- tion of the land for the tower site on MnDots highway easement. Gagne is in favor of negotiating with Trivesco to get land with a clear title. He felt it would be quicker and not cause a delay in developing the SE Area when the 90 connections allowed by Minnetonka to their water system have been completed. Council directed the Administrator to discuss the possible pur- chase of a water tower site. Motorized Golf Cart Ordinance - 2nd Reading Council discussed the 2nd reading of the Golf Cart Ordinance. This Ordinance has been suggested by the City of Greenwood to the police department but they had no individual need in mind at this time. Haugen moved, seconded by Gagne, to table it indefinitely until a need occurs. Motion carried - 5 ayes. Juvenile Curfew Ordinance - 2nd Reading Council discussed the 2nd draft on the Ordinance. They questioned the current curfew in Ordinance No. 5 and if it could be amended by changing the age listed. Officer Litsey is in support of the new Ordinance draft and feels that uniformity with the other cities is important. Gagne moved, seconded by Rascop, to accept the 2nd reading of the Ordinance as amended. Motion was denied - 2 ayes (Rascop & Gagne) to 3 nays. Haugen moved, seconded by Rascop, to accept the 3rd reading as amended for further discussion at the next Council Meeting. Motion carried - 5 ayes. ~ - 5 - COUNCIL MINUTES MONDAY, NOVEMBER 24, 1986 page six 4It ATTORNEYS REPORT - cont. Temporary Sign Cap Ordinance Review Attorney Froberg submitted a draft Sign Capping Ordinance as di~ rected. Vogt qUEBstiiDned who would do the functions of hooding the signs, permits, collecting deposits etc. Council questioned the Ordinance creation versus setting a policy to regulate the proposed capping. Shaw felt that the No Parking Signs are placed because there is a traffic problem and that problems will still exist if the parking is allowed even on a temporary basis. Haugen moved, seconded by Gagne, to table this Ordinance. Motion carried - 5 ayes. 4It ADMINISTRATIVE REPORT City Hall House Administrator Vogt received a request from an area resident to rent the City Hall house. His home was recently burned. Council stayed with their original decision not to rent out the house. The concept plan will be completed soon. Labor Grievance Members of the Public Works Department have requested a higher rate of pay for clean up on the recent sewer back-up. The City has denied that request and the employees are now proceeding with the grievance procedure. Temporary Assignment of Assistant Public Works Director Dan Randall has been assigned the A~sistant for December 26-28 in the absence of Don Zdrazil. This position will be rotated among the qualified staff as needed. This is in agreement with the Union. The duties will be listed. Corridor Study The Corridor Study will be discussed at the December 8, 1986 Council Meeting. Vogt will notify the press of this agenda item. MAYOR'S REPO'IRT The LMCD has met with the Legislature regarding the organization of the LMCD Board. The issue of Liquor licensing of charter boats on the Lake was discussed. Further discussion will be done to fine tune the regulations. COUNCIL REPORTS 4It Sewerline Maintenance Vogt informed the Council that the sewer lines have been completed, flushed, and a schedule of cleaning is being set up. The grease traps near commercial areas will be inspected regularly. New hose has been ordered for the sewer line flushing equipment. -6- COUNCIL MINUTES MONDAY, NOVEMBER 24, 1986 page seven . COUNCIL REPORTS - cont. Appointment of Dave Cochrane to the Minnehaha Creek Watershed District Rascop moved, seconded by Gagne, to Dave Cochrane to fuhe Minnehaha Creek carried by Roll Call Vote - 5 ayes. Finance Committee Dissolved Stover moved, seconded by Gagne, to dissolve the Finance Committee and create a Financial Advisory Board at the recommendation of the Finance Committee. Motion carried-5 ayes. The purpose of this Board would be to advise on only specific projects as requested and budget procedures. Policies for setting up this board will be submitted to the Council for approval. Appointment of Advisory Board Members Rascop moved, seconded by Gagne, to appoint the following members to the new Advisory Board effective 12/31/86: John Bridge Edward Snyder David Lawrence William Bohnhoff RESOLUTION NO. 132-86 endorse the reappointment of Watershed District. Motion . Motion carried L 5 ayes. Invitation to Excelsior to Attend Corridor Study Review Haugen would like to have the staff send congratulations to all newly elected officials in the surrounding cities. The Council extended an invitation to the City of Excelsior to attend the December 8, 1986 Council Meeting from 6:00 - T:OO to jointly rev~ewthe Corridor Study. Congratulations:to Larry Blackstad - Hennepin County Council directed a letter be sent to Larry Blackstad, CDBG coordinator for Shorewood for his new appointment to the National Association of County - Community D~velopment Directors. Vogt informed the Council of a tree removal reimbursement through Blackstad that had not been anti~ipated. Planning Commission Party A small party will be held at the P&anning Commission Meeting scheduled for December 2, 1986 fun appreciation of Frank Reese's 16 years on the Planning Commission. . -7- ~ ~ ~ COUNCIL MINUTES MONDAY, NOVEMBER 24, 1986 page eight APPROVAL OF CLAIMS AND ADJOURNMENT Rascop moved, seconded by Gagne, to adjourn the November 24, 1986 Council Meeting at 11:37 P.M. subject to approval of claims. Motion carried unanimously - 5 ayes. General Fund - Acct. # 00-00166-02 Checks #32752 ~ 32807 Checks #200779 - 200797 Total $113,493.23 8,277.28 $1~1,770.51 Liquor Fund - Acct. # 00-00174-02 Checks # 5053 - 5089 Checks # 200798 - 200810 RESPECTFULLY SUBMITTED, Sandra L. Kennelly City Clerk SLK/slt $ 41,782.41 2,975.11 Mayor Rascop -8-