Loading...
020987 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 9, 1987 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 February 8, 1987 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, Councilmembers Gagne, Brancel and Haugen. (Stover absent) Staff Attorney Froberg, Engineer Mittlesteadt, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Haugen, to approve the Council Minutes of January 26, 1987 with amendments to the Ferncroft Drive street vacation request. Motion carried - 4 ayes. . MATTERS FROM THE FLOOR Complaint on Mill Street Speed Siqnage Jim Harrington of Chanhassen was present to complain about the variation of speed limits along Mill Street from Excelsior to Chanhassen. He would like to see the speed raised to 35 M.P.H. He has contacted Bud Robb's office regarding this complaint. He also felt the police department had more important things to do rather than patrol for speeders or violators of the no turn onto Christmas Lane. Rascop moved, seconded by Gagne, to direct a letter to the state to study the speed limits on Mill Street. Motion carried - 4 ayes. Presentation - Park Board Retirement - Conrad Schmid Mayor Rascop presented a plaque to Conrad Schmid in appreciation for his 10 years of service on the Park Commission. Mr. Schmid thanked the Council for having the opportunity to work with many enjoyable and interesting people. PARK COMMISSION REPORT . Commissioner Lindstrom reviewed the past Commission's meeting they discussed the City Hall/Badger Park plan. The only area of concern was the proposed moving of the hockey rink thus causing the free skating rink to become smaller. The Park Commission requested authorization to hire a bulldozer to widen and add additional trails at Freeman Park and to smooth out the existing berm. They want the developer of Shorewood Oaks to re- store with plantings the area excavated for their drainage ditch. Also if additional drainage ditch has to be installed, they would like the path to curve. Engineer Mittlesteadt stated that the drainage pipe has to be installed in a straight line but he felt that landscaping and shrubs could be installed to restore the area. -1- COUNCIL MINUTES MONDAY, FEBRUARY 9, 1987 page two . PARK COMMISSION REPORT - cont. The Engineer and Developer Johnson will attend the Park Commission Meeting of February 18, at the Commission's request to discuss the restoration. They then questioned whether the Commission could get a walking path, to look out sites, or a dock for sight seeing on the Near Mountain site. Near Mountain has reduced their proposed buildable units, reducing their park fund donation by $15,000.00 The Com- mission would like the Council to negotiate additional benefits with the plat approval. Brancel moved, seconded by Gagne, to authorize the grading requested for Freeman Park. Motion carried - 4 ayes. MANITOU PROPERTIES - C.U.P. FOR SELF-STORAGE FACILITY . The information regarding the American Legion's drainage permission and the market information have not been received to date. Haugen moved, seconded by Brancel, to table this issue until the February 23 Council Meeting to obtain requested information. Motion carried - 4 ayes. Guy Streater, representing the American Legion, submitted new drainage plans that would eliminate some parking spaces and increase their proposed retention pond by 5100 cubic feet. Staff discussed various alternatives to issue the necessary permits to proceed without the drainage permission from the "down stream" property owner. Attorney Froberg referred to an agreement that would save and hold the City harmless. Rascop requested to see this agreement in writing prior to proceeding. HOUSE MOVING PERMIT Planner Nielsen received a letter from the police department regarding escort service and recommended time to transport. He has also re- ceived written permission from the adjacent property owners to move the mobile home over their property. Information requested by the Engineer was just received. Engineer Mittlesteadt felt there would be no problems that couldn't be compensated for. The moving would take place between 1:00 A.M. and 5:00 P.M. Nielsen recommended that the house be moved from the highway after 9:00 A.M. as to not cause problems for the neighbors. Gagne moved, seconded by Brancel, to approve the moving permit. Motion carried - 4 ayes. . C.U.P. AND VARIANCE - 26990 EDGEWOOD ROAD Mr. William Henney was present to request a C.D.P. and variance to build on an existing parcel 50' by 219'. This lot will need a side variance and a C.D.P. due to sub standard size in order to build upon it. He feels this request is the only good use of the property. He stated the need for variances and the sub standard lot size was created by changes in the Ordinance since its original purchase in 1956 by three (3) property owners across the road from this lot. This was charged a sewer unit, and there are similar sized lots with homes on them in this area, only half of the lots meet the R-IA square foot requirement. -2- COUNCIL MINUTES MONDAY, FEBRUARY 9, 1987 page three . C.U.P. AND VARIANCE - 26990 EDGEWOOD ROAD - cont. Mr. Kantor, Attorney representing Mr. David Garber of 26980 Edgewood Road, feels the variances should not be granted. He feels the variances for setbacks and square footage are much too great and may be setting a precedent for further divisions. He also feels the existing recreational use, is a good use for this property. Ron Of stead, representing the Of stead estate, stated that the lot was originally purchased as a buildable lot and was reconfirmed buildable at the time of the 1973 sewer assessment by the charging of a unit for sanitary sewer. He stated that he requested and re- ceived a letter from the City in 1973 stating that this lot was buildable and was worthless unless it could be sold as a buildable lot. Haugen asked Attorney Froberg to review his January 6, 1987 response on the cities legal responsibility on "reasonable use of land". Froberg reviewed his letter citing basis for court determinations, present similar uses, City rules requiring C.D.P. and variances, and effects from use. Rascop stated the Planning Commission had a 2-2 vote regarding their recommendation. He then informed Mr. Henney that the C.D.P. and Variance require a 4-5 vote, 1 Councilmember was absent. Mr. Henney requested that the vote be taken while a full Council was present. Haugen moved, seconded by Brancel, to postpone action until February 23, 1987 for a full Council. Motion carried - 4 ayes. . SETBACK VARIANCE - 5785 HOWARDS POINT ROAD RESOLUTION NO. 10-87 Mr. William Anderson was present onto a nonconforming structure. non-conformity and will be built lot. Gagne moved, seconded by Brancel, to approve the variance as requested. Motion carried - 4 ayes by Roll Call Vote. to request a setback variance to add His addition will not increase the within the buildable area of the CONDITIONAL USE PERMIT AND SIMPLE SUBDIVISION - 6140 LAKE LINDEN DRIVE C.U.P. RESOLUTION NO. 11-87 SIMPLE SUBDIVISION RESOLUTION - NO. 12-87 . Joe Gorecki and Mr. and Mrs. Carlson were present to request a C.D.P. and Simple Subdivision to operate the Carlson Clipper Corp. at 6140 Lake Linden Drive. Nielsen has requested, along with his 9 recommendations dated January 31, 1987, to have an architectural engineer incorporate Mr. Carlson's mechanical Engineer's report into the architectural drawings. Mr. Carlson did not see the need for an architectural engineer to prepare a report or drawing on a building with no structural changes. Nielsen indicated that the building was near condemnation and he felt without an architectural engineer signing off on the plans, he could not issue a building permit. Engineer Mittlesteadt felt a structural engineer could also qualify. Mr. Carlson agreed that he would obtain an architectural or struc- tural engineer's report. Title opinion will also have to be submit- ted to Attorney Froberg for review. -3- COUNCIL MINUTES MONDAY, FEBRUARY 9, 1987 page four CONDITIONAL USE PERMIT AND SIMPLE SUBDIVISION - 6140 LAKE LINDEN DRIVE . - cant. C.U.P. Gagne moved, seconded by Brancel, to grant a C.D.P. subject to the Planner's 9 recommendations dated 1/30/87 and to incorporate mechanical engineer comments into building plans to be signed off by an architec- tural or structural engineer. Motion carried by Roll Call Vote - 4 ayes. Simple Subdivision Gagne moved, seconded by Haugen, to approve the simple subdivision as requested. This subdivision was previously approved but never filed. Motion carried - 4 ayes by Roll Call Vote. . . PRELIMINARY PLAT APPROVAL - SHOREWOOD OAKS RESOLUTION NO. 13-87 Nielsen stated that this subdivision had been submitted and had received all approval previously down to this final signing of the plat when the developer became seriously ill and the approvals expired. The Planning Commission approved the 73 lots subdivision unanimously. The Park Commission will be meeting with Mr. Johnson and the City Engineer to discuss the restoration of the drainage ditch into Freeman Park. Marion Johnston of Strawberry Lane questioned what effect this Project will have on the existing drainage problem in the area. Engineer Mittlesteadt indicated that the proposed drainage plan will lower the water table in the area and the rest of the water run off will flow along the present path. Haugen moved, seconded by Gagne, to approve the preliminary plat for Shorewood Oaks as submitted. Motion carried by Roll Call Vote - 4 ayes. Accepting Feasibility Report RESOLUTION NO. 14-87 Haugen moved, seconded by Gagne, to adopt a Resolution accepting the feasibility report prepared by Orr-Schelen-Mayeron & Assoc. for Shorewood Oaks Development Project. Motion carried by Roll Call Vote - 4 ayes. NEAR MOUNTAIN P.U.D. - REVISED PRELIMINARY PLAN Peter Pflaum reviewed the history of the Near Mountain Project and the progress of the project in Chanhassen and Shorewood. The project has changed due to demand and cost away from townhouse and duplex to single family homes or small lots. He is requesting a reduction of 67 townhouses to 36 single family homes. The original cost of utility improvements remain the same. Rascop referred to the reduction of Park fund fees by $15,000.00 due to the change to single family homes. Council asked for some compensation for the Park Commission for lost park revenues. They discussed possible overlook sites, walking paths, or dock extending into Silver Lake. Mr. Pflaum felt that faster development of the area would provide more desirable compensation. He agreed to discuss this matter with the Park Commission and incorporate new plans with the final plat, cost not to exceed the $15,000.00 difference in park fees. -4- COUNCIL MINUTES MONDAY, FEBRUARY 9, 1987 page five ~ NEAR MOUNTAIN P.U.D - REVISED PRELIMINARY PLAN - cont. Gagne moved, seconded by Haugen, to approve the preliminary plat revision of Chestnut Ridge 4 Addition. Motion carried - 4 ayes by Roll Call Vote. CITY HALL/BADGER PARK IMPROVEMENT PLAN The Planning Commission reviewed the proposal for the City Hall/ Badger Park area prepared by Planner Nielsen. They recommended denial of the C.D.P. and to hire a professional architect to prepare a needs assessment. Haugen moved to table the C.D.P. until a full Council is present. Motion denied for lack of second. Rascop moved, seconded by Brancel, to deny the request for the C.D.P. Motion carried - 3 ayes to 1 nay (Haugen). Jack Brancel felt that there was a need for an over all plan, done by someone independent of the City. Gagne moved, seconded by Haugen, to recommend that a request for proposal be drafted for an office space needs assessment. Motion carried - 4 ayes. The disposition of the house purchased will be on the next agenda. ~ ATTORNEYS REPORT S.E. Area Water Tower Site The State has approved the sale of the Highway property needed for the water tower site. Their appraisers are scheduled for May 22, 1987. The City could go ahead with hiring their own appraiser and charge the cost back to the developer. The Council felt that it may only save one month in time and decided to wait for State appraisal. PLANNERS REPORT Miami Tan Request Mr. Richard Steine has requested permission to employ a masseuse at his Miami Tan shop in the Shorewood Shopping Center. Nielsen felt that this request would need an amendment to the Zoning Ordinance. The use is not listed in the Ordinance and the Ordinance states that if not listed, it is not a permissable use. Mr. Steine feels the masseuse should qualify under a "similar use". Haugen directed Nielsen to see how other cities license or what qualifica- tion this falls under. Nielsen will report back to the Council on February 23, 1987. ~ MAYORS REPORT Meetings to Attend Mayors Meeting - to be held at Lafayette Country Club on February 11, 1987, and at the City of Mound on March 3, 1987. Taxes for Waterford will be discussed with Mason and Steiner and the assessor on February 10, 1987. LMCD Lake Lovers Dinner will be held at Lord Fletchers on February 12, 1987. -5- COUNCIL MINUTES MONDAY, FEBRUARY 9, 1987 page six . COUNCIL REPORTS Haugen stated that the AMM Revenue Committee will be discussing fiscal disparities. Council wants to obtain the minutes of that meeting. Council supports the current method of dispursement of funds to the cities. Gagne would like a well pipe and truck complaint checked out on Lake Linden Drive. Haugen asked to have the Planning Commission review the use of Commercial signage regarding advertising business other than the operation at the business site. EXCUTIVE SESSION Discussion of Eureka Road Drainage Condemnation. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Council Meeting of February 9, 1987 at 10:10 P.M. subject to approval of Claims for payment. Motion carried unanimously - 4 ayes. General and Liquor Funds - Acct. 100-00166-02 (General) Checks #050105 - 050179 = $42,064.97 (Liquor) $37,568.01 . Payroll Check List: Checks #200991 - 201022 $ 9,015.42 Total = $51,080.39 $ 2,723.78 $40,291.79 RESPECTFULLY SUBMITTED, <<~ #~. Mayor Rascop Sandra L. Kennelly City Clerk SLK/slt . -6-