071387 CC Reg Min
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, JULY 13, 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, July 13, 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 Robert Rascop, Councilmembers Gagne, Brancel,
Haugen, and Stover.
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 June 22,
1987, as amended on pages 1, 3, 7, and 8. Motion carried - 5 ayes.
AGENDA AMENDMENT
Rascop moved to amend the Agenda by moving item #5E - Acceptance of
Improvements, Covington Vine Ridge to item # 18B under Engineers
Reports. Seconded by Stover - Motion carried - 5 ayes.
MATTERS FROM THE FLOOR
Presentation of Petitions: Deadend Beverly Drive/Caied Lane and
Complaint of Water Hook-up Charge
Ginny Coverdale of 26930 Beverly Drive submitted two petitions to the
Council. The first petition opposed the $4,000.00 water hook-up
charge. The second petition requested the cul-de-sacing of Beverly
Drive and Cajed Lane.
Administrator Vogt referred to the staff determination of the water
hook-up fees. It was based on estimated real estate valuation
increase, amount paid by Boulder Bridge residents, and amounts
assessed for water in other developments. Haugen stated that the
watermain extension was paid for by the Shorewood Oaks developer, but
connection charges have to be repaid to Boulder Bridge for well over
sizing, the residents would not get the service free. Rascop
referred to benefit of reduced home owners insurance even if the
house is not hooked up to water.
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7-11-87
We the residents of Beverly Drive and Cajed Lane feel we are being
greatly overcharged for water connection in the area. For something
that is suppose to be paid for by the developer, paying $4,000 "hook-
up" charge seems a bit high!
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7-11-87
We the residents of Beverlv Drive and r.a ;ed T.ane feeCl. we are being:
treatlv overchar~ed for water connection in the area. For somethin~
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MINUTES
MONDAY, JULY 13, 1987
PAGE TWO
MATTERS FROM THE FLOOR - cont.
Presentation of Petitions: Deadend Beverly Drive/Caied Lane and
Complaint of Water Hook-up - cont.
Stover asked the petitioner where the cul-de-sac should be placed and
how should it be paid for. Council directed staff to report back to
the Council on August 10 regarding the cul-de-sac request.
PLANNING COMMISSION REPORT
Stover referred to items 11-14 on the Council Agenda as items the
Planning Commission acted upon. She will report on these as they are
brought up on the Agenda.
PARK COMMISSION REPORT
Marty Jakel informed the Council of Bob Nicolls resignation as a
member of the Park Commission.
Jakel informed the Council of the completion of the Manor Park
warming house/pavilion plan. Also that the Commission is in the
process of consider1ng revisions to the Freeman Park master plan.
The landscaping plans done by Lan De Con, Inc. for Manor and
Cathcart Parks, also showing additional parking in both parks, have
been presented to the Commission.
Jakel requested additional funds of $700.00 to contract out the
installation of a volleyball court at Manor Park, $1,800 had been
approved previousiy when the work was to have been done by the
Public Works Department.
Haugen moved,
the volleyball
(Rascop) .
CONSENT AGENDA
seconded by Brancel, to increase the expenditure for
court to $2,500.00. Motion carried - 4 ayes - I nay
APPROVAL OF PAYMENT - PROJECT #86-1 AND 86-2
Engineer Norton recommended approval of Payment Voucher #3 and
final to LaTour Construction in the amount of $6,413.00 on Project
#86-1 and 86-2 - Trunk Water Main.
APPROVAL OF PAYMENT - PROJECT #87-1 - SHOREWOOD OAKS
Engineer Norton recommended approval of
Richard Knutson, Inc. in the amount of
#87-1, Shorewood Oaks utilities.
Payment Voucher #2 to
$291,335.90 on Project
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MINUTES
MONDAY, JULY 13, 1987
PAGE THREE
CONSENT AGENDA - cont.
INSTALLATION OF STREET LIGHTS IN WATERFORD 2ND ADDITION
Administrator Vogt
street lighting in
$1,005.00 for this
Mason Homes.
submitted a request from Mason Homes to install
Waterford 2nd Addition. NSP will charge
installation. This fee has been received from
ACCEPTANCE OF UNDERGROUND IMPROVEMENTS - NEAR MOUNTAIN
Engineer Norton
improvements in
Chestnut Ridge
Near Mountain
year. (Chestnut
recommended acceptance of the underground
the subdivision Sweetwater at Near Mountain,
at Near Mountain 9th Addition, and Chestnut Ridge at
10th Addition, subject to a guaranteed period of one
Ridge now known as McKinley Place.)
Haugen moved approval of the Consent Agenda items number 5A through
5D as requested, Gagne seconded. Motion carried - 5 ayes.
REQUEST FOR RECONSIDERATION - ERIC DANSER
Attorney Mark Kelly was present to represent Eric Danser in his
request for reconsideration of his variance denial. He felt the
addition of a porch on top of an existing deck does not increase a
non-conforming structure by increasing the height. Danser stated
that a concrete slab has existed for 50 years or more, he constructed
a deck on top of the slab without requesting a permit and he wants to
complete a porch structure on top of that deck.
Stover moved to consider rezoning of the area to R-IB to coincide
with the set backs across the street in Chanhassen and to comply with
the current average lot sizes along Lilac Lane, Brancel seconded.
Motion carried 5 ayes. Council directed staff to proceed with
rezoning. The Planning Commissin will hear the rezoning request on
August 4, 1987.
Attorney Kelly stated that his request was for a reconsideration of a
variance. He questioned whether a variance is necessary. Attorney
Froberg clarified the 5 criteria that must be met in order to prevent
requiring a variance. The request doesnlt meet the first requirement
of proper setback. Kelly felt the expanding of non-conforming
doesnlt qualify when adding on height. Rascop stated that any three
dimensions of expanding were considered.
Council made no motion to reconsider this issue. Kelly stated he
felt the Council denied his client the right to build. Attorney
Froberg supported the Council interpretation of the City Ordinance.
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MINUTES
MONDAY, JULY 13, 1987
PAGE FOUR
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S.E. AREA WATER CONNECTION DISCUSSION
Administrator Vogt has met with the City of Minnetonka to discuss the
probability of obtaining additional water connections over and above
the approved agreement of 90 connections. Jim Miller of Minnetonka,
did not feel that additional connections could be provided for when
they currently have a sprinkling ban on for their residents.
A meeting was then held with the affected Developers informing them
of the need to install a temporary hook up to the S.E. Area until the
completion of the water tower. This temporary connection can be made
by the contractor working on the pumphouse at a cost of approximately
$35,000.00 to $40,000.00.
After much discussion the developers agreed to pay the additional
cost of the temporary connection. The interest money accrued on the
bond should be applied to the cost with any additional cost to be
covered by the developers. Robert Mason wants all the interest
applied to the cost through the end of the bond period. Rascop does
not feel the future interest should be used, only that which has
actually been earned.
.
Haugen moved, to authorize a change order for the temporary water
system supply and to apply interest accrued minus $12,200.00 of
interest that the bond issue was estimated to earn. All additional
expenses to be paid for by the developer, seconded by Gagne. Gagne
then withdrew his second, Rascop then seconded the motion. Motion
carried - 5 ayes.
Peter Pflaum asked if the developers would get back the interest if
not used against the project at the end of the bond. Attorney
Froberg stated that there was no provision in the law to provide for
this return. Rascop stated that the developers agreed to the
interest being given to the City as a benefit when the City bonded
their project for them.
WETLAND ALTERATION PERMIT REQUEST
Jim Bruce has requested to alter the wetlands on his Lot 1, Minnelowa
on Holly Lane. He would like to reduce the size of the pond by
making it deeper, by digging out the pond and filling in around it.
He presented new plans to the staff on Friday, and staff has not had
a chance to review them yet. He questions whether the wetland map
could be incorrect. Mr. Mahady of the Watershed District has
reviewed it and agrees with Mr. Bruce's question.
Nielsen feels additional information is needed regarding the proposed
plan, capacity, filteration and quality for wild life.
.
Haugen
of 60
ayes.
moved, seconded by Brancel, to table this issue for a maximum
days to obtain additional information. Motion carried - 5
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MINUTES
MONDAY, JULY 13, 1987
PAGE FIVE
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POOL PERMIT - 19365 WATERFORD PLACE
Planner Nielsen submitted a
Waterford Place to install a
61fence on 3 sides and a chain
meets Ordinance specifications.
request from Simon Oostermann of 19365
pool. The pool will be enclosed by a
link fence on the south. The request
Haugen moved, seconded by Stover, to approve the pool permit request.
Motion carried - 5 ayes.
REQUEST TO MAINTAIN BOULEVARD - AMESBURY WEST
The residents of Amesbury West have requested the right to maintain
the boulevard on the west side of Bayswater Road. Gerald Peterson
built a home on that side of the road and has not maintained or
restored the boulevard back to the conditions prior to construction.
He would like it "natural", he does not want it restored.
Engineer Norton indicated that the original plans and specifications
called for three rows of sod. Jim McNulty stated that they completed
this boulevard in 1982 and would like to continue maintaining this
area in the same manner as before.
Gloria Congdon presented pictures of the dirt mounts created by the
gas line installation.
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Haugen asked if the Amesbury residents would be willing to move their
mail boxes to their side of the street. They objected due to a
possible traffic danger being caused.
Council directed staff
the road right-of-way
residents request.
to
this
contact Minnegasco and have them restore
week. Council did not approve the
SIMPLE SUBDIVISION - 5865 GLENCOE ROAD
RESOLUTION NO.81-87
Mrs. Jean White was present to request a simple subdivision of her
property at 5865 Glencoe Road into two lots.
Gagne moved, seconded by Brancel, to approve the simple subdivision
as recommended by the Planning Commission and subject to the
Planner's recommendations. Motion carried by Roll Call Vote - 5
ayes.
CONDITIONAL USE PERMIT FOR ACCESSORY SPACE RESOLUTION NO.82-87
5390 SHADY HILLS CIRCLE
Planner Nielsen presented a request made by James Simondet of 5390
Shady Hills Circle for a three car garage in excess of the 1000
square foot requirement. This request meets all the criteria of the
Ordinance to issue a Conditional Use Permit.
.
Haugen moved, seconded by Stover, to grant the Conditional Use Permit
as recommended by the Planning Commission. Motion carried by Roll
Call Vote - 5 ayes.
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MINUTES
MONDAY, JULY 13, 1987
PAGE SIX
SETBACK AND EXPAND NON-CONFORMING STRUCTURE VARIANCES
. 4695 LAGOON DRIVE RESOLUTION NO.83-87
Mike McDonald was present to request a setback variance, and a
variance to expand a non-conforming structure by raising his existing
dwelling one half story in order to install a basement level.
Gagne moved, seconded by Brancel, to grant the variance due to the
lot configuration hardship as recommended by the Planning Commission,
and subject to their recommendation. Motion carried by Roll Call
Vote - 5 ayes.
SETBACK AND EXPANSION OF A NON-CONFORMING STRUCTURE VARIANCES
20780 RADISSION ENTRANCE RESOLUTION NO.84-87
Paul Seifert currently of 20780 Radisson Entrance requested variances
in order to add onto a non-conforming structure that is only
non-conforming by inches. The addition will add to the
non-conformity but is in the best location to best not effect the
neighbors. The Planning Commission recommended approval listing the
lack of buildable area due to topography as a hardship.
.
Stover moved,
recommended.
(Rascop).
COUNCIL BREAK 9:40 P.M. TO 9:47 P.M.
seconded by
Motion carried
Gagne,
by Roll
to grant the variance as
Call Vote - 4 ayes - 1 nay
OFFICE SPACE EXPANSION DISCUSSION
Nick Ruehl and Jeff Stromgren presented some new alternative plans
for City Hall, some containing a future Community Room on the lower
level. The soil borings and property survey have been completed.
The new alternatives show new angles, an addition to the Council
Chambers, sta~rs, and additional entrances. Ruehl explained the
water problem in the current basement and a remedy to correct this
problem. Rascop asked the cost of repairing the water problem.
Ruehl did not have any cost estimates at this time. He indicated
that the soil around the building pockets and holds the water which
causes the water to seep through the basement walls. He feels much
of the soil should be removed and replaced in order to obtain proper
drainage. The Council reviewed various methods by which this project
could be financed. Gagne and Haugen would like to hold a study
session to discuss the financing method. Ruehl offered to meet with
the Council to hold a design session.
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MINUTES
MONDAY, JULY 13, 1987
PAGE SEVEN
DISPOSITION OF CITY PROPERTY AT 5795 COUNTRY CLUB ROAD
Administrator Vogt offered various alternatives to determine what the
Council can do with the House. He listed retaining property,
leasing, renting, selling through realtor, or sell ourselves.
Attorney Froberg recommended that minor repairs be done and that we
sell it ourselves. He feels we have the resources available to
complete the sale. The City purchased the dwelling as a 2 family
home but after this period of non use it reverts back to a single
family use.
Rascop moved, seconded by Stover, to place the house for sale for
$124,000.00. Motion carried - 5 ayes.
ATTORNEYS REPORT
Eureka Road Condemnation
Commissioners have been
condemnation of portions
July 23, 1987.
appointed and
of Majestic's
the first meeting on the
property will be held on
S.E. Area Water Tower Site
Commissioners will be appointed this week and possession can take
place on August 28, 1987.
Findings of Fact - Spaulding Denial
RESOLUTION NO.85-87
Attorney Froberg submitted the Findings of Facts denying the
request made by Neil Spaulding of 5460 Howards Point Road for a
Conditional Use Permit for development of a substandard lakeshore
lot and two variances, one setback variance, and a variance for an
accessory structure with no principal structure.
Stover
denial.
moved, seconded by Gagne, to accept the
Motion carrled by Roll Call Vote - 5 ayes.
Resolution of
Findings of Fact - Danser Denial
RESOLUTION NO.86-87
Member Stover indicated that during the earlier discussion
regarding the Danser issue, no action was taken on the Findings of
Fact. Attorney Froberg reviewed the Findings of Fact denying Eric
Danser's request for a variance to increase the non-conforming
structure and a setback variance at 21640 Lilac Lane.
Brancel moved, seconded by Stover, to accept the Resolution of
denial as submitted. Motion carried by Roll Call Vote - 5 ayes.
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MINUTES
MONDAY, ;JULY 13, 1987
PAGE EIGHT
AGENDA AMENDMENT
Haugen requested to amend the agenda and hear the request for water
from Mike Kraemer at this time.
WATER REQUEST FOR TONKA BAY WATER - MIKE KRAEMER
Vogt reviewed the water and sewer service connection agreement
between Shorewood and Tonka Bay. This agreement has to be amended to
reflect the increase of the water connection fee from $500.00 to
$1,500.00.
AMEND SERVICE CONNECTION AGREEMENT
RESOLUTION NO.87-87
Haugen moved, seconded by Gagne, to
Clerk to execute the amended water
between the Cities of Shorewood and
water connection fee. Motion carried by
authorize the Mayor and City
and sewer service agreement
Tonka Bay to read a $1,500.00
Roll Call Vote - 5 ayes.
WATER SERVICE AGREEMENT WITH KRAEMER
RESOLUTION NO.88-87
Gagne moved, seconded by Brancel, to authorize the Mayor and Clerk to
execute a water assessment acceptance agreement with Mike Kraemer of
5425 Timber lane. Motion carried - 5 ayes.
ENGINEERS REPORT
Street Improvement Proiect 87-2 Status Report
received today for the 1987 Street Improvement Project.
were received. Norton would like to table
until he can verify calculations, match
and check references.
Bids were
Three bids
recommendation
specifications
Haugen moved, seconded by Gagne, to table awarding the bid to the
July 27, 1987 Council Meeting. Motion carried - 5 ayes.
Acceptance of Improvements - Covington Vine Ridge
Engineer Norton
completion, but
maintenance bond.
recommends
accept all
not accepting the streets until
underground utilities with a one year
Brancel moved, seconded by Gagne, to accept the utilities as public
ownership to include a one year maintenance bond. Motion carried -
5 ayes.
Elevated Water Tower Schedule of Construction
Engineer Norton
approval at the
August 31, 1987,
September 14.
will be bringing in Plans and Specifications for
June 27, Council Meeting. Bids will be received
recommendations will be made to the Council on
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MINUTES
MONDAY, JULY 13, 1987
PAGE NINE
ENGINEERS REPORT - cont.
Shorewood Oaks/Smithtown Road Watermain
Engineer
amount of
Smithtown
$5,235.00)
Norton is requesting a change order in the estimated
$5,500.00 for a water connection from the south side of
Road to the north side. (Actual cost comes in at
Gagne moved, seconded by Stover, to approve the change order the
contract with Richard Knutson, Inc. in the amount of $5,235.00 to
be paid by the Shorewood Oaks project. Motion carried - 5 ayes.
ADMINISTRATIVE REPORTS
Request for Site for Chemical Disposal Day
Hennepin County would like to use the City Garage and Parking lot
area to hold a Chemical Disposal Collection on September l2, 1987,
and the 13th for clean-up. Barrels will be provided for disposal
with a site director provided by Hennepin County. Hennepin County
will need 50 volunteer workers and the County will train these
volunteers.
Haugen moved, seconded
Works garage area and
carried - 5 ayes.
by Gagne, to approve the use of the Public
provide one Public Works person. Motion
Speed Zone Study Approval for Timber Lane RESOLUTION NO.89-87
A request has been received from Laura Tradewell of 5515 Timber
Lane to reduce the speed limit to 15 MPH.
Stover moved, seconded by Gagne, to request a speed zone study on
Timber Lane. Motion carried by Roll Call Vote - 5 ayes.
Special Census Discussion
The Mayor requested information regarding taking a special census
to determine whether Shorewood has a population over 5000. Vogt
checked with the City of Savage who has done a special census. The
census cost to Savage was approximately $3,000.00 to $4,000.00 and
increased their road aid from $18,000.00 to $200,000.00. The road
improvements must meet specific regulations.
Rascop moved, seconded by Gagne,
obtaining additional information
carried - 5 ayes.
to authorize the procedure of
to do a special census. Motion
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MINUTES
MONDAY, JULY 13, 1987
PAGE TEN
ADMINISTRATIVE REPORTS - cont.
Corridor Study Update
A Committee meeting is set for July 14, 1987, at Met Council. Vogt
will attend that meeting and express the concerns and opposition to
alternative 4 and 5, and restate our support for Alternative No.1.
Staff has prepared estimate costs on the 3 alternative which are as
follows:
Alternative No.1 - $ 45,000.00
Alternative No.4 - $1,081,000.00
Alternative No.5 - $ 424,000.00
Minnetonka Community Services Advisory Board Appointment
Gagne moved, seconded by Brancel, to appoint Don Huntington to the
Board as Shorewood's representative as recommended by Tad Shaw.
Motion carried - 5 ayes.
Codification Completed
Council received copies of the new codified Ordinance book for
review. This Ordinance book will be adopted at the next meeting.
Council Study Session Rescheduled
The Study Session has been changed from Saturday, July 18, to 7:30
p.m., Monday, July 20, 1987. The Council will discuss Establishing
a water assessment policy and office expansion funding.
MAYORS REPORT
Support League of Minnesota Cities
Rascop requested a letter to be sent to the League supporting thier
position of opposing that arbitrage be sent to the Federal
Government.
Met Waste Control
Rascop and Vogt attended the budget meeting of the Waste Control
Commission.
New Police Building
The City of Excelsior intends to finance and build the new police
building and pick the architect.
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MINUTES
MONDAY, JULY 13, 1987
PAGE ELEVEN
COUNCIL REPORTS
.
"Going Out of Business" Complaint
Haugen would like to see a license or permit required when a
business advertises "going out of business". She feels this is
being misrepresented. Froberg will draft an Ordinance to control
this type of practice.
Financial Advisory Board Report
A draft of recommendations have been submitted from the Financial
Board. Some of the recommendations dealt with sewer bond funding,
equipment purchases, building expansion and the recommendation to
expand the office into the house at 5795 Country Club Road. They
feel this is the most cost efficient method of expansion.
Request for Signal Lights at Highway 7 and County Road 19
Gagne would like to request the installation of traffic signals at
County Road 19 and State Highway 7 in Excelsior. There have been
two deaths and many accidents in that location recently. Froberg
will prepare a Resolution requesting Excelsior to investigate the
installation.
APPROVAL OF CLAIMS AND ADJOURNMENT
. Haugen moved, seconded by Rascop, to adjourn the Regular Council
Meeting of July 13, 1987 at 12:17 a.m., subject to approval of claims
for payment. Motion carried - 5 ayes.
General and Liquor Funds - Acct NO. 00-00166-02
General
Liquor
Checks #050949 - 051082
$465,407.32
$ 66,001.77
Payroll Check List:
Checks #201389 - 201418
Total
$ 8,187.66
$473,594.98
$ 2,878.26
$ 68,880.03
RESPECTFULLY SUBMITTED,
~~ 4,~-
Robert Rascop, Mayor
Sandra L. Kennelly CMC
City Clerk
. SLKjslq
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