Loading...
062287 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JUNE 22, 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., Nonday, June 22, 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, Haugen, Stover, Gagne. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Haugen moved, seconded by Gagne, to approve the minutes of the Board of Review meeting of May 28, 1987 as amended. Motion carried - 5 Ayes. Gagne moved, seconded 1987 meeting as amended. by Brancel, to approve the minutes of June 8, Motion carried - 5 Ayes. MATTERS FROM THE FLOOR Christmas Lake Road Cu1desac Mike Pier ro was pr'esent repr'esenting Dr'. and Mrs. Rodney Peterson of 21355 Christmas Lane. The Peterson's are donating the land for the proposed culdesac and would like to be removed from being listed on the document of responsibility for the culdesac improvement. Mr. Pierro would like to see both Fayfield's and Peterson's name removed from the contract and replace with an entity when that is determined and nothing be done until a responsible party has been designated. Haugen moved, seconded by Gagne, to direct the Attorney to remove Peterson's and Fayfield's names from the list of responsible parties. Peterson to be listed as donor only. Motion carried - 5 Ayes. PLANNING COMMISSION REPORT Stover referred to the minutes of the Planning Commission included in the packet. 'l'he Commission acted on the Danser' var iance; the Brentridge rezoning f[orn R-1A to R-1C in an area of homes on 25,000 square foot lots; and the Spaulding variance [equests that were denied unanimously. -1- . . . MINUTES MONDAY, JUNE 22, 1987 PAGE TWO PARK COMMISSION REPORT Brancel reported on the review of the Silverwood Park plan. This plan will require 20,000 cubic yards of fill. Engineer Norton has reviewed the plan and indicated that the low areas will require 4' of fill for the installation of a small ball park. There will also be a ponding area. Brancel moved, seconded by Gagne, to support the Park Commission request to accept up to 20,000 cubic yards of clean fill. Motion carried - 5 ayes. CONSENT AGENDA APPROVAL OF PAYMENT - PROJECT NO. 87-1 - SHOREWOOD OAKS Engineer Norton recommended payment in the amount of $272,569.08 to Richard Knutson, Inc. for Project 87-1 - Shorewood Oaks, Payment Voucher No.1. STREET LIGHT REQUESTS: SHADY HILLS ROAD & HIGHWAY 7 FRONTAGE ROAD AND GLEN ROAD AT UNITARIAN CHURCH Administrator Vogt required the installation for street lights as requested by residents for: Shady Hills Road at the frontage road of Highway 7. Also a light on Glen Road near the parking lot of the Unitarian Church. Stover moved, seconded by Gagne, to approve the above listed items on the Consent Agenda. Motion carried - 5 ayes. VARIANCE DENIED - DANSER - 21640 LILAC LANE Eric Danser presented his request to add a screen porch onto an existing non-conforming deck. This deck does not meet the front setbacks. He stated that the setbacks across the street in Chanhassen where 30' instead of 50' as in Shorewood. The house was built many years ago and placed in the present location that is now non-conforming. Mr. Danser doesn't feel the 7 x 20 screen porch should be considered adding to the non-conformity of the house structure. Mr. John Breckenheimer of Lilac Lane spoke in favor of the porch addition, it goes with the architectural design of this 100 year old house. Haugen moved, seconded by Rascop, to adopt variance requests (2) to maintain the historical house. Motion was denied - 3 Brancel). Council directed the Attorney and return to the Council for action. a Resolution approving the architectural value of an ayes to 2 nays (Stover and to draw "Finding of Facts" -2- MINUTES MONDAY, JUNE 22, 1987 PAGE THREE . BRENTRIDGE - CONCEPTUAL APPROVAL Dave Johnson presented h~s request for reconsideration of his prel~m~nary plat and rezoning for the Brentridge subdivision. He referred to the neighborhood meeting he held with the residents around the proposed subdivis~on. He has reduced his subdiv~sion request from 26 lots to 24 lots, removing two lots from the west side backing up to the existing homes on Howards Point Road. He feels his project is conducive to the area. He would like to deed the balance of the land to the City. This land could be used as a wild life preserve or some other use. Irene Gallagher, current property owner, referred to the neighborhood meeting where Johnson and the neighbors agreed upon the 24 lot proposal. Susan Sano of 5685 Howard Point Road supports the 30,000 square foot lot s~ze (R-IB) not R-IC. SaIl:,:' Brown of 5875 Howards Point Road is opposed to any' zoning change and feels the Council should uphold the current Zoning Ordinance. Haugen asked if they had considered when they built their home that this land would be developed someday. Mrs. Brown stated that they anticipated some building but not 24 homes. . The proposed lots average square footage is 26,339 if R-IB (30,000) only 21 lots could be developed. The existing lots in this area are 24,377 square feet. It was recooonended to provide two easements for trails to access the wetland area. Johnson felt that 20 feet on the north could cause one of the lots to be unbuildable. Gagne moved, seconded by Brancel, to approve the 24 lot subdivision to include 2 accesses, for discussion. Rascop suggested 2 lots be removed from the west side. Nielsen stated that the rezoning should be done prior to the subdivision approval. Council discussed the rezoning and the possibilities of the plat being dropped and returned with lot sizes of the R-IC zoning. Also the request for an environmental impact statement should be addressed. Gagne withdrew his motion, accepted by Brancel. Stover questioned the proposed rezoning, whether it be R-IC or R-IB and what does the area residence prefer. Nielsen stated that man}' lots in the area would be non-conforming if zone R-IB. Haugen moved, seconded by Gagne, to grant conceptual approval subject to final plat being submitted at the time of rezoning, with an E.A.W. to be proposed by staffs and a 20 foot easement on the most southerly lots for access to deeded wetlands. Motion carred - 5 ayes. Nielsen did of rezoning. not see the need in receiving the final plat at the time The plat could be withheld from filing. . -3- MINUTES MONDAY, JUNE 22, 1987 PAGE FOUR . TOWN ADDITION - FINAL PLAT DISCUSSION Mr. William Ecoff was present to approval. He stated that lots 2 dedicated to the existing dwelling. will be necessary for the lots on the hooked up to individual lift pumps system. request to obtain final plat and 3 would be combined and Engineer Norton stated that it north end of the project to be to access the sanitary sewer Attorney Joseph Finley, representing David Littlefield of 24775 Glen Road, has requested a delay in approving the final plat of the Towne Addition until watershed approval has been granted. He stated that he wants the Council to follow the procedures set forth in the Ordinances. He asked if a development agreement has been completed and securities posted to date, drainage easement shown, grading plan approval, and review of storage ponding area. Engineer Norton has reviewed the ponding area and has requested verification on the calculations from Ecoff's Engineer. Finley felt there will be added storm water run off onto the Glen Road area due to this project. Ed Bergslein of 24785 Smithtown Road questioned the use of the utility areas. Nielsen stated that the setback requirement would not allow someone to use utility easement area for building. Attorney Finley felt the ponding area should be platted as an Outlot and maintain under a home owners association instead of one owner having the responsibility. . Brancel asked Engineer Norton if the ponding area was adequate to retain a 100 year rain. Norton felt the ponding did provide for adequate retention. Mr. Littlefield explained the current drainage problems in his area. Gagne commented on the need for a storm sewer improvement for the Glen Road area. Brancel moved to table the final plat approval until comments can be obtained from the watershed or not longer than 60 days. Motion carried - 5 Ayes. COUNCIL BREAK 9:28 P.M. - 9:34 P.M. DISCUSSION OF DISPOSITION OF CITY PROPERTY AT 5795 COUNTRY CLUB ROAD AND OFFICE SPACE NEEDS ANALYSIS Nick Ruehl of EOS discussed the use of the house versus adding onto the current City Hall. He reviewed space, design, elevation differences, vaulted ceiling - lighting prOblems, hallway and stair width, basement height, electrical services, and mechanical needs. Ruehl estimated a total cost for the house, link, remodeling and additional project costs to be $185,000.00. He feels the addition to the building is less expensive and more efficient, and there would still be future expansion room available toward the parking lot. Stover would like to have some additional time to review the proposals. . -4- MINUTES MONDAY, JUNE 22, 1987 PAGE FIVE . DISCUSSION OF DISPOSITION OF CITY PROPERTY AT 5795 COUNTRY CLUB ROAD AND OFFICE SPACE NEEDS ANALYSIS - cont. JoAnne Carroll asked if the addition could go other directions without disturbing the parking lot. Ruehl felt there was room, but the Council commented on the restriction of no more than 20% of property is to be used for other than park purpose. Brancel moved, seconded by Rascop, to authorize the staff to propose alternatives for the disposal of the property at 5795 Country Club Road. Motion carried - 5 Ayes. Rascop moved, seconded by Gagne, to proceed with surveying and soil testing. Motion carried - 5 Ayes. SPAULDING REQUEST DENIAL - ORDER FINDINGS OF FACT Rick McCarthy, Architect, respresented Neil Spaulding of 5460 Howards Point Road, in his request for a Conditional Use Permit and two variances for a substandard lakeshore lot. Mr. McCarthy reviewed the proposed plans for accessory structures, benches, a service bar and deck on a lot across the street from Mr. Spauldings primary lot. He would also like to install lot line fences and a dock. . Stover stated that the Planning Commission recommended a unanimous denial of the request. Written and verbal opposition has been received from the Einhorns, Stinchfields, Payne, Thompson and Wadsworth. Some of these people have deeded easements or walking accesses granted over this lot. Mr. Spauldings Attorney, Gary Hurd, explained that the easements would be provided for. This area would be improving the current property and would be used for picnicing, not as buildable lots. Hurd stated that the original property access agreement stated that the easement holders were to pay the taxes, this was not done and the property went tax forfeit and was purchased to be sold with the Spaulding house property. Stover moved, seconded by Gagne, to deny the Conditional Use Permit to develop a substandard lakeshore lot, and to deny the variance request for an accessory structure without a principal structure and setback variance and authorize the Attorney to prepare Findings of Fact and return it to the Council for action. Motion carried - 5 ayes. TETON LANE AND LILAC LANE TRAFFIC FLOW SUPPORT A letter of request has been received from the Teton Lane and Lilac Lane Homeowners Association asking for the Council's support of their alternative #4 to protect their property from added traffic maintenance and safety on their roads. This would be caused by a new subdivision that would open access from this subdivision onto Lilac Lane. . -5- MINUTES MONDAY, JUNE 22, 1987 PAGE SIX . TETON LANE AND LILAC LANE TRAFFIC FLOW SUPPORT - cont. Gagne moved, seconded by Haugen, to authorize the staff to direct a letter to the City of Chanhassen supporting traffic flow through artial streets to State Highway 7. Motion carried - 4 Aye - 1 Obstain. (Brancel due to ownership of property affected by this subdivision). SPEED ZONE STUDY REQUEST - WEDGEWOOD ROAD Brancel offered an agenda amendment to hear the speed zone request by Mr. and Mrs. Aagaard. Wedgewood Road currently has two different speed limits posted, 20 MPH and 30 MPH. Cheif Young has stated that this does cause inforcement problems. Mr. Aagaard would like to see the speed reduced in order to protect the pedestrians using that road. Rascop moved, seconded by Haugen, to refer this request to MnDOT for recommendation supporting a speed reduction under 30 MPH. PLANNERS REPORT Table Subdivision Reapproval - Cvcil Kerber . Nielsen requested the Council to table action on the reapproval of the Cycil Kerber simple subdivision on 4800 Rustic Way, as written request has not been received. Haugen moved, seconded by Gagne, to table the request at this time. ATTORNEYS REPORT Hauser Shoreland Gradinq and Fill Variance Approval A RESOLUTION NO. 78-87 Haugen moved, seconded by Gagne, to accept the Findings of Fact as prepared by the Attorney and approve the grading and fill variance. Motion carried by Roll Call Vote - 4 Ayes - 1 Nay (Rascop). Hauser Denial of Slope Variance RESOLUTION NO. 79-87 Stover denying Ayes. moved, seconded by the slope variance. Gagne, to accept the Findings of Fact Motion carried by Roll Call Vote - 5 Municipal Water Connection Charge RESOLUTION NO. 80-87 . Attorney Froberg submitted a Resolution setting forth a municipal water connection charge for residents connecting to an existing municipal water system. The charge is set at $4,000.00 and providing for up to $2,000.00 of credit for extension to the property line. Gagne moved, seconded by Brancel, to adopt the water charge Resolution by Roll Call Vote - 5 Ayes. -6- . . . MINUTES MONDAY, JUNE 22, 1987 PAGE SEVEN ENGINEERS REPORT Glen Road/Badger Watermain Extension Report Engineer Norton read a report describing various methods to assess improvement projects. He requested that a workshop session be set up to discuss the various methods to develop a policy on assessing. Gagne questioned if this policy would pertain to the Badger extension only or for ensuing projects. Rascop felt it would be difficult to establish an overlay policy when the projects are "piece mealed". Different type of improvements would need different policies. Council set the workshop session for July 18, 1987 at 9:30 a.m. (Saturday). 1987 Street Improvement Proiect Engineer Norton would like approval to change the Street Improvement bid date to July 13, 1987. Gagne moved, seconded by Brancel, to approve the date change. Motion carried - 5 Ayes. Norton then submitted a new estimate list of costs of various road improvements. Council discussed budget amounts of improvements and what roads could be completed within the budget. Gagne moved, seconded by Stover, to accept the street improvement project deleting Beverly Drive and Cajed Lane, to be done next year to allow for settlement due to new installation of water utilities. Motion carried - 5 Ayes. S.E. Area Water Connection Status Report Norton informed the Council that staff felt there are more permits issued for water connections in the south east The agreement with Minnetonka allows for no more than 90 connections to their system. Engineer than 90 area. water Council asked what would be entailed in changing the water service over to Shorewood's well at this time. Norton estimated $35,000 to $40,000 to install the necessary equipment to do the temporary change over until the overhead water tower is in. Gagne moved, seconded by Haugen, to direct the Administrator to discuss the issue with Mr. Miller at Minnetonka. Motion carried - 5 Ayes. Council will determine what action will be taken after the meeting. -7- MINUTES MONDAY, JUNE 22, 1987 PAGE EIGHT 4It ADMINISTRATIVE REPORT Waterford Street Light Charge The C1ty has received an estimate from NSP for excessive footage changes for street light extension in Water'ford 2nd Addition, in the amount of $1,005.00. Council feels this is a developer expense and should be paid by the developer. Church Road/Chanhassen Sewer Assessment Chanhassen has informed the City of the intent to assess Shorewood $7,710.00 for sewer assessment on Cathcart Park. Council sees no benefit and feels this is unacceptable. 1988 Budget Suggestions Administrator Vogt asked for direction for beginning the budget process. Council 1S supportive of taking all the allowable 3% mill level limit set. Since projects suggested were, construct salt shed, all road improvements removed fr'om this years l1st should be reinstated, possible new public works location, office expansion, new phone system and public address system. These were some of the . Council priorities. Union Negotiation Meeting Set An Executive Session will be held on July 9th at 7:30 p.m. tor the purpose of Union Negotiatlon Strategy. Auto-Dialer Purchase Gagne moved, seconded by Brancel, to authorize the purchase of an auto-dialer to be installed on the Wood haven well, the cost is $750.00. Motion carried - 5 Ayes. Liquor Store II Lease Approval The lease for Liquor Store II has increased by $50.00 a month. Rascop moved, seconded by Haugen, to accept the increase and authorize acceptance of the lease. Motion carried - 5 ayes. Corridor Study Meeting Vogt and Nielsen will be attending the June 23 Corridor Study Meeting with the Met Council. Council doesn't support alternative plan #4 or #5 as suggested by MnDOT staff. 4It -8- . . . MINUTES MONDAY, JUNE 22, 1987 PAGE NINE MAYORS REPORT Mayor Rascop complimented on the Cash flow statement, and break down of Attorney and Engineer's expenses. COUNCIL REPORT Haugen submitted information received from the League of Cities Conference she recently attended. APPROVAL OF CLAIMS AND ADJOURNMENT Stover moved, seconded by Brancel, to adjourn the June 22, 1987, Regular Council Meeting at 12:30 a.m. (June 23) subject to approval of claims for payment. Motion carried unanimously - 5 ayes. General & Liquor Funds - Acct. No. 00-00166-02 General Liquor Checks #050847-050948 $391,522.36 $ 37,587.98 Payroll Check List: Checks #201317-201387 S 17,134.78 $408,657.14 S 5,822.68 $ 43,410.66 Total RESPECTFULLY SUBMITTED, j(JI ~ Rotiert Rascop, M~ Sandra L. Kennelly CMC City Clerk SLKjslq -9-