Loading...
051187 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 11, 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Regular Council Meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, May 11, 1987, in the Council Chambers by Mayor Rascop. 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 Brancel, Stover, Gagne and Haugen (7:34 p.m.). Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Brancel, to approve the minutes of the April 27, 1987 meeting with clarifications of Resolution numbers. Motion carried - 4 ayes - (Haugen absent). PLANNING COMMISSION REPORT Stover indicated that agenda Planning Commission meeting. are brought up on the agenda. items 7-14 were discussed at the She will comment on each item as they PARK COMMISSION REPORT Mark Laberee stated that the Commission discussed park fund fees on three new developments. The Commission recommended that the fill being hauled into Freeman Park be delivered into and out on Eureka Road. Staff has recommended that the Highway 7 access be used for safety and to eliminate road damage. Gagne felt the gravel should be oiled prior to hauling. Vogt will try to get a damage clause from the contractor for the tarred area at the entrance to the Park. Vogt will get a cost estimate to install berms in the park. Gagne moved, entrance for ayes. seconded by Haugen, to support the use of the Highway 7 hauling as recommended by staff. Motion carried - 5 -1- COUNCIL MINUTES MONDAY, MAY 11, 1987 page two CONSENT AGENDA . BOARD OF REVIEW The local board of review will be scheduled to hear questions on the 1987 valuations, on Thursday, May 28, 1987 at 7:30 p.m. in the Council Chambers. SILVERWOOD PARK PLAN APPROVAL The Park Commission submitted their plans for Silverwood Park for Council approval. Stover moved, seconded by Haugen, to approve the items listed on the Consent agenda. Motion carried - 5 ayes. PROVIDE FOR THE ISSUANCE IMPROVEMENT - PROJECT NO.87-l AND SALE OF BONDS SHOREWOOD OAKS RESOLUTION NO.52-87 Jerry Shannon of Springsted, Inc. was present to recommend the sale of $1,450,000.00 in temporary improvement bonds. This would provide for a lower initial percentage rate and possible early retirement. The bond will cover the total construction costs for Shorewood Oaks to be totally assessed against the project. Council questioned the interest rates and rollover cost. . The recommended date of bond sale would be June 8th at 12:00 noon at Springsted1s office. The bids will be submitted to Council at 7:30 p.m. that evening. Gagne moved, seconded by Haugen, to approve the $1,450,000.00 bond sale on June 8, 1987 for Shorewood Oaks Project No. 87-1. Motion carried by Roll Call Vote - 5 ayes. BRENT RIDGE - DENIAL OF REZONING Wayne Tauer of Pioneer Engineering representing United Mortgage Corporation explained plans for a rezoning from R-IA to R-IC to develop 26 single family lots. These lots are to be located on the north east corner of Howards Point Road and Smithtown Road. There is a 31+ acre lot with approximately 10 acres in wetlands. It is necessary for them to reconstruct approximately 4501 of sewer line in order to service the property. They will be obtaining water from the Boulder Bridge system at $3,000.00 per unit. Mr. Tauer felt the 24,313 square foot lot subdivision is compatible with the neighborhood. The Planning Commission did deny a similar 26 lot proposal with a straight line street plan. . Rascop asked for public comments that were not already submitted to the Planning Commission. Ellen Gallagher, one of the owners of the property, stated that they have the right to sell the property as did the previous owner. The property has been for sale for 6 years and none of the adjacent property owners have ever approached them about purchasing any portion of this property. She feels that United Mortgage is a very reputable developer and will do the best job with this project. She did not feel there was any greater impact by developing 26 lots as opposed to 24 as previously requested. -2- COUNCIL MINUTES MONDAY, MAY 11, 1987 page three BRENTRIDGE - DENIAL OF REZONING - cont. . Haugen referred to the square foot map for area lot sizes. The Planning Commission felt that 24 lots would then bring the lot square footage up to 25,000 square feet in size. Mr. Tauer stated that the reduction of 2 lots would make the development economically unfeasible. Haugen moved, to approve the preliminary plat as submitted. died for lack of a second. Motion Gagne moved, seconded by Brancel, to deny the preliminary direct the Attorney to prepare a Resolution stating Finding and conclusions denying the request to be presented at regularly scheduled meeting. Motion carried by Roll Call ayes. plat and of Facts the next Vote - 5 WESTWOOD 4TH ADDITION-PRELIMINARY PLAT APPROVAL RESOLUTION NO.53-87 Planner Nielsen reviewed Mr. Eisenreich1s request to divide up his present homestead into 5 lots that meet the zoning requirements. The Planning Commission has recommended approval. . Mr. Eisenreich has redesigned his subdivision to incorporate a 401 strip for a tot land as requested by the residents on Star Lane, in lieu of park fund fees. Rascop would like the Park Commission op1n10n on this lot and whether they would want this lot or whether it should be an association park. Haugen moved, seconded by Gagne, to recommend approval subject to the planners recommendation and conditioned upon the Park Commissions recommendations. Motion carried - 5 ayes by Roll Call Vote. TOWNE ADDITION - PRELIMINARY PLAT APPROVAL RESOLUTION NO.54-87 Developer William Ecoff asked Nielsen to explain his proposal. The original 10 lot proposal has been verbally reduced to 9 lots in order to double the present house lot. The subdivision does comply with the Zoning Ordinance. Park fund fees have been recommended lieu of land acquisition. The Engineer indicated that three of the homes will require a private pump system to connect to sanitary sewer. A petition has been received opposing the subdivision due to numerous stated reasons. (Petition copy attached). A drainage plan will have to be submitted that will provide a 100 year rain fall storage and cause no additional run-off to other down stream properties. . Council asked if a statement would be needed from down stream property owners, accepting the drainage proposals. Nielsen did not feel the agreement was necessary. -3- COUNCIL MINUTES MONDAY, MAY 11, 1987 page four TOWNE ADDITION - PRELIMINARY PLAT APPROVAL - cont. . Gagne has been run-off issue. assessment policy this subdivision. approached by concerned residents about the drainage Gagne felt this may be the time to discuss an for storm sewer, but should not be a condition of Stover moved, seconded by Gagne, to accept the Planning Commission recommendations and approve the preliminary plat. Rascop offered an amendment to include a drainage plan agreement from down stream properties. Nielsen felt this should be handled with the final plat, Rascop withdraw his amendment. Gagne requested that Mr. Ecoff submit the building location of Lot 10 to the resident to the east of the project, he agreed. Run-off calculations will be determined to establish the needed storm sewer storage. Motion carried by Roll Call Vote - 5 ayes. GWK 2ND ADDITION - PRELIMINARY PLAT APPROVAL RESOLUTION NO.55-87 Tom Wickenheiser was present to request a 2 lot division of Outlot A of GWK Addition. These lots will access from Wiltsey Lane. Staff feels the maintenance and plowing should be taken over by the City, as one of its residents has been plowing this road. . Nielsen has proposed an alternative (Exhibit C of Planners report dated 4/29/87) that would provide for an extension of Wiltsey Lane for access in case of future division. Rascop would like to see a ghost plat with a road extension and possible future division. Nielsen does not want dedication of an unimproved road. Stover indicated that the Planning Commission recommended approval to include a statement that no further division be allowed. Concerns were expressed by area residents not wanting to be assessed for road improvements. Joel Capesius, Don Fraser and Bob Mattson of Club Valley Road expressed their disapproval of this subdivision because they feel it will take away the natural barrier between them and the highway. They also stated they were not mailed notification of this subdivision. Nielsen produced a list of notices sent and none were returned as undeliverable. Wickenheiser feels it's to his advantage to leave as much barrier as possible to best serve his lots (Also, Gagne would like to see rezoning and subdivision signs posted on the proposed sites in the future.) Haugen request Council. moved, seconded by Gagne, to approve the preliminary plat and a development agreement be drawn and accepted by the Motion carried - 4 ayes - 1 nay (Brancel). . Stover asked Attorney Froberg if a property on the corner, accessing onto another road could be assessed for improvements to his side street. Froberg indicated that the extent of the assessment would be determined by a feasibility report provided by the City Engineer. -4- COUNCIL MINUTES MONDAY, MAY 11, 1987 page five SIMPLE SUBDIVISION - 23880 SMITBTOWN ROAD RESOLUTION NO.56-87 . Mr. and Mrs. Don Shafer and Mr. Bill Henney, representing the Shafer's, were present for their request for simple subdivision. Stover indicated that the Planning Commission did not include Shafer's dock parcel in their review or recommendation. Mr. Shafer's request includes subdividing Parcel A, which includes his residence, and Parcel B, to be combined with the property located at 5580 Timber lane to allow road access to Timber Lane. Stover moved, seconded by Brancel, to approve the simple subdivision subject to the Planning Commissions recommendations. Motion carried by Roll Call Vote - 5 ayes. SIMPLE SUBDIVISION - 5060 AND 5080 SHADY ISLAND POINT RESOLUTION NO.57-87 Mr. Vern Zeller of 5060 Shady Island Point and Mr. Daryl Droba of 5080 Shady Island Point have requested a rearrangement of their lot line to align the lot line with the existing house and fence. Both lot sizes are non-conforming. . Haugen moved, division and Vote - 5 ayes. seconded by combination Gagne, to as requested. approve the variance and the Motion carried by Roll Call CONDITIONAL USE PERMIT - SILVERWOOD PARK PUMPBOUSE RESOLUTION NO.58-87 Gagne moved, seconded by Brancel, to grant the conditional use permit for the Silverwood Park Pumphouse subject to the Planners recommendations. Motion carried by Roll Call Vote - 5 ayes. CONDITIONAL USE PERMIT - MANOR PARK SHELTER BUILDING RESOLUTION NO.59-87 Stover moved, seconded permit for the Manor Roll Call Vote - 5 ayes. by Gagne, to approve the conditional use Park shelter construction. Motion carried by Nielsen indicated that minor design changes could be made, major alterations would require another public hearing. Vogt sell Park. Walz can stated that he has contacted Mr. Walz regarding his request to a portion of his property to the City for an addition to Manor Vogt feels a survey will be needed to determine whether Mr. divide his property and if so, how much could be offered. -5- . COUNCIL MINUTES MONDAY, MAY 11, 1987 page six ~ AMENDMENT TO NEAR MOUNTAIN DEVELOPMENT AGREEMENT RESOLUTION NO.60-87 Gagne moved, seconded by Haugen, to Development Agreement and authorize carried by Roll Call Vote - 5 ayes. accept the amendment of the signature thereof. Motion MCKINLEY PLACE 3RD ADDITION - FINAL PLAT AND DEVELOPMENT AGREEMENT RESOLUTION NO.6l-87 Haugen moved, seconded by Stover, to approve the Final Plat and Development Agreement for McKinley Place 3rd Addition as submitted. Motion carried by Roll Call Vote - 5 ayes. APPEAL OF NOTICE OF REMOVAL - MINNETONKA COUNTRY CLUB . Mr. Bohdan Witrak was present to request an extension of time to obtain a burning permit to dispose of a large pile of debris at the Minnetonka Country Club. There have been complaints from residents that there are rats in the debris. Mr. Witrak stated that the debris has been watched and no rats exist, and the pile has been sprayed for rodents. Mr. Witrak explained that he did have a burning permit last winter but did not burn because of the lack of snow cover, and now the Pollution Control Agency has a burning ban in effect. He has asked for a delay of removal until they can obtain a burning permit from the Pollution Control Agency, he feels the physical removal would be too difficult. Gagne moved, seconded by Brancel, to require the removal of all the debris by May 21, 1987. Haugen offered an amendment to allow burning if a permit can be obtained and anything remaining on the 21st would then be hauled out. The amendment was not accepted by motion. Motion carried - 4 ayes - I nay (Stover). ATTORNEYS REPORT Condemnation Bearinqs Froberg stated that the condemnation hearing for the Majestic drainage easement is scheduled for June 22, 1987. The water tower site hearing is scheduled for June 23, 1987, and ownership will be effective on August 28, 1987. ENGINEERS REPORT Preparation of Plans proiect and Specifications for Street Improvement RESOLUTION NO.62-87 Council reviewed the priority list of street improvements. . Stover moved, seconded by Gagne, to accept the list submitted with changes to projected work on Enchanted Lane, Meadowview Lane and Cathcart Drive to patching, cracksealer and sealcoating. Motion carried - 3 ayes - 2 nays. (Haugen and Rascop). Norton will return with detailed cost changes. -6- COUNCIL MINUTES MONDAY, MAY 11, 1987 page seven ENGINEERS REPORT - cont. . Preparation of Plans and Specifications for Street Improvement Proiect - cont. Gagne moved, seconded by Haugen, to authorize preparation of plans and specifications for the 1987 Street Improvement Project. Motion carried by Roll Call Vote - 5 ayes. PLANNERS REPORT Shorewood Shopping Center Buildin9 Permit Request Mr. Scott Smith of Ryan Construction Company has submitted a request for a building permit for an area to be used as a childrens clothing store. Nielsen informed him at that time that a sign plan would have to be submitted that would bring the entire shopping center signage into conformance. Nielsen stated that this plan has been submitted and complies. Haugen moved, seconded by Gagne, to approve the commercial building permit request. Motion carried - 5 ayes. "No Dumping" Sian Request . A request to post "No Dumping" signs along a vacant piece of property along Eureka Road, was made by Mr. Vern Watten. This area has been dumped in many times in the past. Gagne moved, seconded by Brancel, to authorize the posting of "No Dumping" signs. Motion carried - 5 ayes. ADMINISTRATIVE REPORTS Church Road Improvements - Cathcart Park Chanhassen has notified Shorewood of proposed improvements in the area of Cathcart Park. The proposed improvements would cost Shorewood $28.740.00, of which $10,051.00 would be for sewer improvements. Mark Laberee of the Park Commission feels the water and street improvement could be of benefit, but sewer is not needed. Vogt feels the petition was requesting sewer only at this time. Stover moved, seconded by Haugen, to Chanhassen indicating that sewer would property. Motion carried - 5 ayes. respond in writing to be of no benefit to this -7- . COUNCIL MINUTES Monday, May 11, 1987 page eight ADMINISTRATIVE REPORT - cont. ~ Corridor Study Discussion MnDOT would like Shorewood to support another alternative plan that would realign Old Market Road with Highway 7. This would move the new intersection further away from Vine Hill Road and create a north/south flow with St. Albans Bay Road. This alternative would also propose to detach the frontage road behind the commercial areas at Vine Hill Road. Vogt felt the cost of the Vine Hill Road detachment would be too costly for the City. He felt that other cities affected by the Vine Hill intersection should participate in the cost to improve the intersection. Haugen moved, seconded by Gagne, to continue supporting the original alternative submitted (Alternative I for the Vine Hill/Old Market area) and direct a letter to the Met Council opposing their professional conduct in disregarding the City's comprehensive plan in this matter. Motion carried - 5 ayes. Congratulation on Clerk Kennelly's C.M.C. Vogt and Council congratulated Clerk Kennelly on rece1v1ng her certified municipal clerks status from the International Clerks Association. ~ MAYORS REPORT LMCD The LMCD has taken a poll on reducing the night speed limit on Lake Minnetonka to 15 MPH, 8000 responded lower speed and 4000 responded higher speed. COUNCIL REPORTS Liquor contract for Liquor Store I has been agreed upon. Gagne requested that the junk at the burned out house on County Road #19 be cleaned up. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council Meeting on May II, 1987 at 11:35 p.m. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. General and Liquor Funds - Acct #00-00166-02 General $80,683.04 Checks #050610 - 050693 Payroll Check List: Checks #201173 - 201205 Total Liquor $39,855.62 $ 8,894.76 S 2,693.49 $89,577.80 $42,549.11 ~~ /?-~ Robert Rascop or ,~~ ~