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030987 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 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 7:28 P.M., Monday, March 9, 1987, in the Council Chambers by Acting Mayor Haugen. PLEDGE OF ALLEGIANCE AND PRAYER Acting Mayor Haugen opened the Regular Council Meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Acting Mayor Haugen, Councilmembels, Brancel, Stover, and Gagne (Rascop absent) Staff Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, February 23, ayes. seconded by 1987 with Stover, to approve a correction on page 1. the minutes of the Motion carried - 4 . MATTERS FROM THE FLOOR Complaint on Weight Restriction John Lamoureux of Rottlund Construction requested the Council to increase the weight restriction limitations. Haugen referred to the discussion regarding weight restrlctions and the one year deferred Ordinance with a "sunset clause". The previous Ordlnance allowed for permits to be issued for higher weight limlts but stated that it would expire in one year. She also stated that the 4 ton limit signs have been posted for three years. . Stover motioned to discuss this item as ilIA on the agenda. Motion denied for lack of 2nd. Administrator Vogt has spoken to Mr. Rottlund previously, he also sent written notifications on February 26, 1987 informing the builders of the wieght restrictions. Lamoureux was not aware of this years Ordinance restrictions, and asked why the City has set 4 ton rather that 5 ton or 6 ton limits. Engineer Norton felt thlS was necessary during the period that the frost was going out in order to protect the roads. Lamoureux asked if the restriction could be lifted earlier if the State does. The Ordinance does not provide for an early lifting. Mike Pflaum of Lundgren Bros. Construction supports Mr. Lamoureux's request. He did not pay any attention to the posted signs over the past few years and was surprised that "no exceptions" are allowed. He stated that some cities make exceptions where a bond would be posted. Haugen stated that the Mayor would be informed of this discussion. Pflaum asked what would the difference to the roads be if a 5 ton limit was allowed thus causing less trips than with a 4 ton limit. Engineer Norton will calculate and return information to the Council in a memo. -1- COUNCIL MINUTES MONDAY, MARCH 9, 1987 page two PLANNING COMMISSION REPORT . Stover indicated that items 5, 6 and 8 on the Council Agenda were reviewed. Shorewood Place information. Apartments has been tabled for additional The roof slope issue was continued to review other Ordinances regulating this. Brancel and Stover clarified the need for the Planning Commission to state their reasons for approval or denial in their recommendations to the Council. PARK COMMISSION REPORT Commission Chairman Jakel reported that a meeting has been held with Tonka Bay to discuss the type of dock to purchase for Crescent Beach. The Park Commission reviewed the M.W.C.C. request for a temporary easement to install a new sewer line along Covington Road near Silverwood Park. They had no problem with the request as long as the area is restored. The concept plan for Silverwood Park was reviewed and continued to the next meeting. Councilmember Brancel stated that the Park Commission has recommended the purchase of the Galv-A-Dock for Crescent Beach. . SETBACK VARIANCE - M.W.C.C. LIFT STATION RESOLUTION NO. 23-87 Engineer Fred request for a lift station on new interceptor station. Stenborg appeared to represent M.W.C.C. in their Conditional Use Permit and Variance to enlarge their Lake Virginia Drive. He reviewed the plans for the line and the improvements proposed for this lift Haugen asked about the amount of infiltration into this line. They stated that it would be less than the old line and within the allowable limits as determined by the size of the lines. She asked about installing a "sock" in the new line to reduce the infiltration. They did not feel the "sock" was needed in the new line. Haugen explained the problems Shorewood has had in the past with MWCC regarding the high service charges due to infiltration and the inability to meter the usage. Bob Rusick, the architect for the lift station plans, reviewed the plans for the site and the equipment installation. Additional landscaping has been added at the suggestion of Mr. Baasen, an adjoining neighbor. The addition that requires a 12' variance will be constructed on pilings. There will be six new pumps installed with additional insulation baffles and silencing devices. . -2- ~ COUNCIL MINUTES MONDAY, MARCH 9, 1987 page three SETBACK VARIANCE - M.W.C.C. LIFT STATION - cont. . The Council was very concerned about the current noise problem in the lift station, and the noise that may be generated by the six new pumps. They would like controls to insure that the noise levels will be lessened. Mr. Rusick was not able to get specifications from the pump manufacturers regarding the noise factors. Engineer Norton feels current decibel tests can be taken to compare with the noise level after the installations. MWCC will hire a testing firm to obtain the decibel readings prior to obtaining their building permit. Mr. Dan regarding emitted thorough Engineer controls Baasen of 27415 Maple Ridge Lane, expressed his concerns the noise, the landscaping and the uncontrolled odors by this lift station. Attorney Froberg recommended that a review of the plans and specifications be done by the prior to granting any approval, this could allow for to be set in the Conditional Use Permit. Stover moved, seconded by Gagne, to grant concept approval, directing the staff to set conditions regarding odor, stating maintenance schedule, noise, with decibels levels now and after installation, landscaping plans and maintaining road conditions to be reviewed by Council prior to final approval. Motion carried - 4 ayes. . Gagne moved, seconded by variance subject to the carried - 4 ayes. Brancel, previous to approve of conditions being the requested met. Motion CONDITIONAL USE PERMIT SPECIAL HOME OCCUPATION RESOLUTION NO. 24-87 Michael Buechlein of 23120 Summit Avenue, has requested a Conditional Use Permit to operate a hair salon in his home. Council reviewed his proposed building plans. All parking will be contained in his driveway. No one will be employed, Mrs. Buechlein will be the only operator. Stover moved, seconded by Brancel, to grant the Conditional Use Permit as requested. Motion carried by Roll Call Vote - 4 ayes. CONDITIONAL PROPERTIES USE PERMIT FOR SELF STORAGE FACILITY MANITOU RESOLUTION NO. 25-87 . John Smith, from Smith Architects, represented Manitou Properties request for a Conditional Use Permit to build a self storage facility. They have now submitted the dralnage plans, signage sketch, and letters agreeing to drainage from the American Legion and the Unitarian Church. They have not obtained a drainage agreement letter from the proposed Shorewood Place Apartments nor have they submitted marketing information. Mr. Smith stated that no demographic information is available for the marketing study. He feels there is a real need for this type of storage facility, and if the need for this use would cease, the commercial property would have a higher value and a better use in the future. -3- COUNCIL MINUTES MONDAY, MARCH 9, 1987 page four . CONDITIONAL USE PERMIT PROPERTIES - cont. FOR SELF STORAGE FACILITY MANITOU Gagne moved, seconded by Permit subject to the further consideration requested. Stover, Planning on access to approve the Conditional Use Commissions recommendation with when further development is Engineer Sathre did not feel the project should be required to obtain a drainage letter from the apartment project to proceed. He didn't feel they had any way to get them to sign that statement. Council will address this issue with the request from the Shorewood Place Apartment application. Motion carr~ed by Roll Call Vote - 4 ayes. PRELIMINARY PLAT APPROVAL - FERNCROFT Mark and Jack Swedlund were present to submit their revised preliminary plat consisting of three (3) lots. Stover moved, seconded by Gagne, to approve the revised plat as requested. Motion carried - 4 ayes. Stover moved, seconded by Gagne, to approve an "incidential use permit" to use Sunset Avenue for access to Lot 3. Attorney Froberg recommended this permission be included in the final plat approval Resolution in order for it to be a matter of record. Stover withdrew her motion, accepted by Gagne, to be included at the time of final . approval as recommended by the City Attorney. PUBLIC HEARING CDBG YEAR XIII FUNDING RESOLUTION NO. 26-87 Acting Mayor Haugen opened the Public Hearing to hear requests for the Year XIII CDBG funds at 9:25 P.M. Joanne Kavern requested $5,277.00 as Shorewood's portion for the South Shore Senior Center. The request would be for Administrative salary expense. A written request for $1,006.00 has been made by Hennepin Economic Resource Organization. Hearing no further public comments the hearing was closed at 9:35 P.M. Gagne moved, seconded by Stover, to allocate the Year XIII CDBG funds as recommended by staff. Southshore Senior Center - $5,277.00 Rehabilitation of Private property - $14,842.00 Motion carried by Roll Call Vote - 4 ayes. CHESTNUT RIDGE 10TH ADDITION - FINAL PLAT RESOLUTION NO. 27-87 . Pete Pflaum of Lundgren Bros. was present to request final plat approval of Chestnut Ridge 10th Addition. All information requested has been submitted. The new plat, amendments to the development agreement and a draft Resolution approving the plat and execution of the development agreement was presented. -4- COUNCIL MINUTES MONDAY, MARCH 9, 1987 page five CHESTNUT RIDGE 10TH ADDITION - FINAL PLAT - cont. . Gagne moved, seconded by Brancel, to approve the final plat as submitted, to include reference of the park fund dedication for this plat in the Development Agreement. Motion carried by Roll Call Vote - 4 ayes. WATERFORD 2ND ADDITION - FINAL PLAT RESOLUTION NO. 28-87 Administrator Vogt discussed the meeting held with Robert Mason. Mr. Mason is in agreement with the staff on the conditions of the development agreement. Stover moved, seconded Waterford 2nd Addition. by Brancel, to approve the final plat of Motion carried by Roll Call Vote - 4 ayes. Vogt indicated that Mr. Mason would like to receive a second building permit for this area, no plans have been submitted. Council stated that no additional permit should be issued on this parcel until the plat and resolution have been filed with the County. ATTORNEYS REPORT Findings of Fact "Henney Denial" RESOLUTION NO. 29-87 . Attorney Froberg submitted a denial of a Conditional Use Henney at 26990 Edgewood Road. Resolution on "Findings of Fact" in Permit and variance for William H. Haugen moved, as submitted. seconded by Stover, to accept the "Findings of Fact" Motion carried - 4 ayes by Roll Call Vote. Water Tower Site The State should have the land appraisal completed by April 15, 1987 on the proposed water tower site. Council directed the Attorney to order the abstract brought current on that property, at his recommendation. PLANNERS REPORT Shorewood Oaks Trunk Water Discussion Nielsen informed the Council of a staff discussion on methods of paying for the residents wanting to hook up to water along the Boulder BridgejShorewood Oaks water extension. They are asking Bond Counsel to determine whether the payments to Mr. Wartman can come out of the bonds or if it can be assessed. . Gagne would like all the affected residents to be notified of the option to connect to water at their request. Nielsen has received a request to extend the water line to the west end of Beverly Drive. Engineer's estimated cost of $7,212.00 for the extension. Nielsen will inform him to make the request to the Council in writing. -5- COUNCIL MINUTES MONDAY, MARCH 9, 1987 page six PLANNERS REPORT - cont. . Minnewashta Church Expansion Discussion An inquiry from the Church was received regarding possible expansion of the church property. Nielsen asked the Council if they would consider releasing the adjoining tax forfeited land back to the State for sale to adjacent property owners only. The Council was in favor of the concept but would like a formal request prior to taking action. ADMINISTRATIVE REPORT MWCC Temporarv Easement - Covington Road Adminstrator Vogt reveiwed the copy of the temporary easement including concrete curb and gutter, repair of all damage, sewer stub for park property and landscaping, all to be done at no cost the the City. The easement has been reviewed and approved by the Park Commission. Gagne moved, seconded by Brancel, to grant the temporary easement to the MWCC in accordance with all the conditions of the easement. Motion carried - 4 ayes. Sewer Collapse . Vogt informed the Council of a sewer Minnetonka Drive. The collapse occured pavement within the City road right-of-way. stub collapse just under at the 5830 road Gagne cost ayes. moved, for the seconded by Stover, to approve payment of $852.65 in repair of this sewer connection. Motion carried - 4 Union Negotiations Meetings are being held to discuss union negotiations. The Council is proposing a March 24, 1987 at 7:30 p.m., executive session to discuss the issue. The session will be announced at the Regular Council Meeting of March 23, 1987. MAYORS REPORT AMM Meeting There will be a meeting held in St. Louis Park to discuss the new fiscal deparities formula. Haugen would like direction from the Council to support the proposed formula. Council agreed to have Haugen represent the City by supporting the new formula. . -6- COUNCIL MINUTES MONDAY, MARCH 9, 1987 page seven MAYORS REPORT - cont. ~ Mill Street Signage Hennepin County surveyed the speed limits zone around Mill Street from Excelsior to Chanhassen. They support the current signage as posted. This letter has been sent on to Mr. Jim Harrington, the resident requesting this survey. COUNCIL REPORTS Junk Complaint Nielsen informed Gagne that he spoke to the owner of the vacant property on Lake Linden Drive. They want to use the existing well if it was not formally abandoned. The existing building on this property has been boarded up. The truck on Glen Road has been removed, but additional junk needs to be removed. Agenda Format Stover would like the issue of "Matters from the Floor" discussed at the next full Council meeting. She would like to discuss a different way to handle this item. APPROVE KNIGHTS OF COLUMBUS REOUEST ~ A request from the Knights of Columbus to pass out Tootsie Rolls for the mentally retarded, at the Shorewood Shopping Center on April 24, 25, and 26 in Driskills has been received. Brancel moved, seconded by Gagne, to approve their request. Motion carried - 4 ayes. APPROVAL OF CLAIMS AND ADJOURNMENT Stover Meeting claims. moved, seconded by Gagne, to of March 9, 1987 at 10:22 Motion carried - 4 ayes. adjourn the Regular Council p.m. subject to approval of General & Liquor Funds - 00-00166-02 General Liquor Checks #050273 - 050347 Payroll Check List: . Checks #201057 - 201083 TOTAL $28,340.37 S 8,274.35 $36,614.72 $37,785.80 S 2,634.56 $40,420.36 RESPECTFULLY SUBMITTED, ~fIkt /(~ Mayor Rascop /'." ~ Sandra Kennelly City Clerk SK/slt -7-