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081087 CC Reg Min C1TY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 10, 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, August 10, 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, and Gagne. 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 July 27, . 1987, as written. Motion carried - 4 ayes - Haugen Abstain (Absent). Brancel moved, seconded by Haugen, to approve the minutes of July 20, 1987 as amended to add missing motion. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Notification of Meetings Joanne Carroll wanted to know the present status of the house property. Rascop stated that it is for sale. Carroll asked if the Council intended to discuss the house at any future meetings. Rascop stated that the house may be discussed but the City does not have any intention to use it for a City facility. Carroll questioned the right to pass motions at special meetings. Attorney Froberg felt the Council had a right to pass or make motions at any type of meeting, if it deals with the subjects on the agenda. Bill Johnson asked if the Council has considered video taping meetings. Dowden will be taping a few meetings for cable T.V. The City will have to supply a volunteer to operate the equipment for following meetings. . -1- . . . MINUTES MONDAY, AUGUST 10, 1987 PAGE TWO AMEND AGENDA Brancel moved, seconded by Gagne, to amend the agenda to deal with item 19B - Status report - Crescent Beach to be discussed under Park Commission Report. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover reported that agenda items 7,8,9,10 and 12 were reviewed at the Planning Commission meeting. They would like to report on these issues as the Council discusses them. PARK COMMISSION REPORT Commissioner Mark Laberee made two requests of the Council, to accept the low bid for little league field sign painting, and to adopt a 3 year gradual pay increase for skating rink attendants for each additional year of service. Brancel moved, seconded by Stover, to accept the bid from Admasters for park signs in the amount of $835.00. Motion carried - 5 ayes. Brancel moved, seconded schedule as follows - 1st 2nd 3rd Motion carried - 5 ayes. the 3 year pay raise by Gagne, year - 4.25 year - 4.50 year - 4.75 to enact to 4.50 to 4.75 to 5.00 Crescent Beach Closing Administrator Vogt reported on the closing of Crescent Beach due to sewage run-off caused by the recent heavy rains. The MWCC pumping station in Excelsior was unable to handle the flow from the storm and caused a sewage spill into a drainage area near Eureka Road. This drainage area then flowed through a drainage ditch that comes out at the beach. The beach was posted closed, fenced, and notices were delivered to area residents notifying them of the closing. Testing the water has determined that the level at the beach is acceptable at this time, but the swamp and the ditch are too high for public contact. The MWCC will not allow chlorine treatment or pumping of the swamp into the system due to a line break in Eden Prairie. The water will continue to be tested and the beach will be reopened when deemed safe for public use. -2- . . . MINUTES MONDAY, AUGUST 10, 1987 PAGE THREE CONSENT AGENDA REMOVAL OF JOINT POWER AGREEMENT Haugen moved, seconded by Agreement from the consent carried - 5 ayes. to remove the Joint in order to discuss it. Powers Motion Stover, agenda SWIMMING POOL PERMIT - 19885 MUIRFIELD CIRCLE Stover moved, seconded by Brancel, to approve a swimming pool permit for Scott Spinka at 19885 Muirfield Circle that complies to ordinance. Motion carrled - 5 ayes. CDBG - JOINT POWERS AGREEMENT RESOLUTION NO. 99-87 Haugen questioned if the City has a right to determine the use of the CDBG funds. Vogt stated that the City could designate the amount and use under the guidelines set. Gagne moved, seconded by Haugen, to approve the Joint Powers Agreement. Motion carried by Roll Call Vote - 5 ayes. DENIAL OF PROPOSED REZONING OF LILAC LANE Stover stated that the Planning Commission denied the rezoning request 6-1 on the basis of density and the opposition of the neighbors. Stover originally instituted the rezoning request after receiving a request for a variance that stated many reasons why the property should be rezoned. The rezoning would also bring this area into conformity if zoned R-1C. Stover moved, seconded by Haugen, to adopt the rezoning of Lilac Lane to R-1C zoning. Marc Simcox disagrees with rezoning because of a variance request. A letter was received from Ed Hartman opposing the rezoning. Residents want assurance that their property valuations will not increase do to the rezoning. Nielsen stated that the Assessor said there would be no increase in valuation caused by the rezoning alone. Motion to rezone (Gagne and Rascop) was denied by Roll Call Vote - 3 ayes to 2 nays (4/5 vote necessary to rezone). -3- MINUTES MONDAY, AUGUST 10, 1987 PAGE FOUR RECONSIDERATION AND APPROVAL OF VARIANCE TO EXPAND A NONCONFORMING . STRUCTURE RESOLUTION NO. 100-87 Attorney Mark Kelly, representing Eric Danser, is requesting a building permit, he does not feel a variance is necessary to build upward on an exiting footprint that has been "grandfathered" in. Attorney Froberg's interpretation of the upward expansion of a nonconforming structure is that it requires a variance. Stover moved to reconsider the original variance request, seconded by Haugen. Motion carried - 5 ayes. Stover questioned topography of the rear yard as a hardship. Nielsen stated that there was adequate space and expansion has already been done there. Mr. Danser listed reasons that would warrant a hardship. He stated the setback of the 1860 built home did not meet the 50' setback. The soil conditions are questionable due to the previous filling done. If constructed in the rear, a 10' high porch would be necessary, it would then cut off light to the basement level and the roof would cut off light to the upper level. In order to match the present roof slope, the porch roof would not allow sufficient height. The porch to the front of the structure also allows drainage protection for the basement during heavy rains. Haugen moved, seconded by Stover, to approve the variance due to historical design and architectural value. Motion carried {Rascop abstained 3 ayes, 1 nay (Brancel) Rascop then vote aye. Variance was granted 4 ayes - 1 nay (Brancel) by Roll Call Vote. . SIMPLE SUBDIVISION - 5660 GRANT LORENZ ROAD RESOLUTION NO. 101-87 Mr. Paul parcels. Skjervo1d was present to request division of his lot into 2 The Planning Commission voted 7-0 to approve his request. Gagne moved, the Planner's Vote. seconded by Brancel, to approve the request subject to recommendations. Motion carried, 5 ayes, by Roll Call SETBACK VARIANCE AND VARIANCE TO EXPAND A NON-CONFORMING STRUCTURE - 20790 EDGEWOOD ROAD RESOLUTION NO. 102-87 Ms. Carol Regan of 20790 Edgewood Road was present to request a variance to add onto a non-conforming structure. Stover stated that the Planning Commission voted 5-2 to deny the request indicating that no hardship could be found. Ms. Regan feels there is a hardship, the home is part of the old Edgewood Resort and when it was built it complied to the setbacks. The side she is intending on adding onto is opposite to the noncomplying side, and in order to change the addition to meet setbacks it would not allow proper flow within the home. All her adjoining neighbors are in agreement with the expansion. Bob Bergstrand was present to speak in favor of her request. . -4- ~ ~ ~ MINUTES MONDAY, AUGUST 10, 1987 PAGE FIVE SETBACK VARIANCE TO EXPAND A NONCONFORMING STRUCTURE EDGEWOOD ROAD - cont. 20790 Nielsen He due referred to his report recommending denial of this stated that he could not support his recommendation at to the Council action granting the variances to Eric Planner request. this time Danser. Stover questioned whether the 10' side lot lines for lakeshore should be reinstated, if they were in effect at this time, this variance was not needed. Haugen feels the Council is making the Planner's recommendations very difficult to determine. There may be a need to clarify "hardship" or to change the present wording of the Ordinance. Gagne moved, seconded by Brancel, to grant the variances - 1 nay (Rascop) 2 abstain (Haugen and Stover) 2 ayes (Gagne and Brancel) Haugen and Stover then vote aye. 4 ayes - 1 nay (Rascop) by final Roll Call Vote. Stover moved, seconded by Haugen, to Planning Commission to reconsider the lakeshore lots. Motion carried - 5 ayes. set a public hearing by the 10' side yard setbacks for CONDITIONAL USE PERMIT TO CONSTRUCT A CHURCH IN A RESIDENTIAL DISTRICT - 5765 SMITHTOWN CIRCLE RESOLUTION 103-87 A request has been received by the New Apostolic Church to construct a new Church at 5765 Smithtown Circle. Nielsen stated that the utilities and street (Smithtown Circle) will be installed prior to the issuance of the building permit. Gagne asked if the 18 parking spaces would be adequate. They stated that all larger functions will be held at a larger Minneapolis Church, and they will post "no parking" signs on the streets. The Planning Commission approved the request 5-2. Haugen moved, seconded by Brancel, to grant the Conditional Use Permit to build. Motion carried by Roll Call Vote - 5 ayes. SETBACK VARIANCE TO EXPAND NONCONFORMING STRUCTURE - 4900 SUBURBAN DRIVE RESOLUTION NO. 104-87 Mr. Dennis Wolter of 4900 Suburban Drive has requested a variance to add a 12 x 15 dining area onto his home which is non-conforming. Haugen moved, seconded by Stover, to grant the variance due to the hardship of the narrow configuration and corner lot. Motion carried by Roll Call Vote - 5 ayes. -5- MINUTES MONDAY, AUGUST 10, 1987 PAGE SIX . REINSTATEMENT OF TINGEWOOD PLANNED UNIT DEVELOPMENT AND DEVELOPMENT AGREEMENT RESOLUTION NO. 105-87 Attorney Froberg reviewed the development agreement with the $5,000.00 performance guarantee. He will need to review the title opinion and the declaration of covenants. Rascop asked if the previous requirements stated in an April report had been completed. Nielsen felt that most had been completed or were covered in the agreement. Staff supports the agreement stating the goal is to complete the project for the best interest of the City. Haugen moved, seconded by Stover, to pass a Resolution reinstating the Planned Unit Development and Development Agreement. Motion carried by Roll Call Vote - 5 ayes. DISCUSSION OF STREET CLOSING PETITION LANE BEVERLY DRIVE AND CAJED Resident Bill Johnson of 27170 Beverly Drive felt there was a real traffic problem on these residential streets, and asked how the proposed road closing would be funded. He asked how the roads were classified, Cajed, Beverly, Afton and Cathcart are residential, Smithtown and Strawberry are designated collectors. Mrs. Coverdale stated that Cathcart is wider than Strawberry and is being used as the collector to State Highway 7. . Council stated that the improvement would be assessed to the affected property owners. Steve Haeg stated that he has cars running over his yard after running the stop sign. Haugen suggested the neighbors discuss the best placement of the cul-de-sac and the method to install and fund it. Johnson would like to see a plan developed to best direct the traffic to Highway 7. Haugen moved, seconded by Gagne, to direct the Engineer to conduct a traffic flow count at six locations and return with results. Motion carried - 5 ayes. ATTORNEYS REPORT Order to Remove Hazardous Building Attorney hazardous #19. Froberg has prepared buildings at 4205 and submitted orders to remove two Enchanted Drive and 5620 County Road S.E. Area Water Tower Site Condemnation . The first meeting of the Commission was held and they requested that Shorewood have an appraisal done of the property. The appraisal has been done and should be received this week. The City will file a deposit with the County in the amount of the appraisal. -6- . . . MINUTES MONDAY, AUGUST 10, 1987 PAGE SEVEN ATTORNEYS REPORT - cont. Eureka Road Condemnation - Maiestic A stipulation of dismissal has been drafted and will be sent to Majestic for their approval, then a deed will be submitted. ENGINEERS REPORT Approval of Payment - Shorewood Oaks Proiect Engineer Norton recommended approval of Payment Voucher No. 3 for Project 87-1 Shorewood Oaks to Richard Knutson, Inc. in the amount of $223,240.55. Gagne moved, seconded by Stover, to approve the payment. Motion carried - 5 ayes. ADMINISTRATIVE REPORT Budget Status and Schedules Vogt and Beck will meet with budget liaisons Rascop and Stover from 5:00 7:00 p.m. on August 24, 1987. Vogt will meet with the Financial Advisory Board prior to September 10th. Council will receive the budget for review on September 9th at 7:30 p.m., for final adoption at the September 28th Council Meeting. Vogt asked the Council to consider adding an additional employee to the Public Works Department. He feels that the new subdivisions have added additional services that warrant additional help. Gagne supports that request. Rascop told Vogt to incorporate the cost into the budget for Council review. Federal Aid for Disaster Vogt will be attending a meeting on disaster aid. The City may be able to receive funds for damages and repairs caused by heavy rains. Boulder Bridge Water Connection Request A request for a water connection in the pump house for sprinkling has been received. The water will be metered and billed to the association. Rascop moved, seconded by Haugen, to approve the connection. Motion carried - 5 ayes. -7- . . . MINUTES MONDAY, AUGUST 10, 1987 PAGE EIGHT ADMINISTRATORS REPORT - cont. City Hall Plans Worksession The Council will have a workshop on August 24th to review new plans for the City Hall addition. Nomination of Representative to District the Minnehaha Creek Watershed RESOLUTION NO. 106-87 Rascop submitted three names to be submitted to the Minnehaha Creek Watershed for a vacancy on the Board. Gagne moved, seconded by Brancel, to submit a Resolution supporting David Cochrane, Norman Powers, and Robert T. Brown for a representative to the watershed for the first vacancy. Motion carried by Roll Call Vote - 4 ayes - 1 nay (Haugen) Recycling Pick-up The first recycling day pick-up was held August 7th. They picked 4000 pounds up at 62 locations. A volunteer Eagle Scout will be setting up resident information on the recycling pick-up. Public Works Director Position Vogt will send letters to the applicants Director position, informing them that the staying and thanking them for their interest. for the Public Works present director is Budget Amendment - Audio System Gagne moved, seconded by Brancel, to amend the budget to appropriate funds, not to exceed $3,000.00, for a audio system for the Council Chambers. Motion carried - 5 ayes. MAYORS REPORT Obtain Volunteer List Rascop would like a newsletter release that would ask for names of people willing to volunteer for various committees or project, with a noted preference to types of work to be done. This list would be used when needed. Bike Path Request - Vine Hill Road A letter was received asking for the continuation of the bike path on Vine Hill Road south of Covington Road. Engineer Norton has looked at the area and has concerns that the berm at Near Mountain may preclude the widening of Vine Hill Road. Council asked Brancel to bring this request to the Park Commission for review. -8- MINUTES MONDAY, AUGUST 10, 1987 PAGE NINE . MAYORS REPORT - cont. Carver County Letter Rascop questioned the purpose of the Southwest Communities Coalition. Vogt stated that the group was working with population predictions, transportation and water and sewer matters with the Metropolitan Council and State agencies. He will continue to attend meetings and follow their progress for the time being. Met Council - Comp Plan Approval The Met Council has approved the Comp Plan as long as the City agrees with Alternative #4 or #5 of the traffic study and supports the idea that other cities participate in the cost sharing of the highway improvement. Installation of Utilities bY Dowden Cable Systems Engineer Norton would like informing them that they utilities in the City. their installations. to send a letter to the Cable Company must receive approval before installing There have been some problems caused by Authority to Issue Citations . Attorney Froberg and staff will draft an Ordinance giving authorization to specific people, such as animal patrol officers, to issue citations. The draft will be returned to the Council for review. Requirement for Meeting Notification All regular and special meeting agendas are to be posted, in the mail or published three days in advance of meeting dates. Emergency meetings require good faith notice, possible use of Cable T.V. for notification. Continued meetings from a previous scheduled meeting require no additional notice as long as the continued matter is the only matter acted upon. Special meetings are limited to legal or employee negotiation and disciplinary actions. Executive meetings are to meet the 3 day notification rule but no public is allowed at these meetings, meetings are taped. COUNCIL REPORTS Bayswater Road Clean-up Staff is to restoration of Bayswater Road. check the to gas make sure Minnegasco has taken care of the line installation along the west side of . -9- . . . MINUTES MONDAY, AUGUST 10, 1987 PAGE TEN COUNCIL REPORTS - cont. Complaint on Surveyors Haugen questioned if surveyors needed permission to come on private property to do surveying. She stated that no permission was given, and the surveyors cut trees down and put spikes in the middle of the road and left them there. She did not know what surveying company was responsible for this. Council Direction to Planner Stover questioned what the Council expected from Nielsen as a zoning officer, as to how he is to inform people of the regulations of the Ordinance if the Council recommends something different than the Ordinance stipulates. She feels the regulation should not change just because an audience opposes the Ordinance. Stover would Commission. like to see this discussed with the Planning Swimming Pool Permit Policy Gagne asked if there could be some changes made so as not to add to the Planner work load at Council packet time. Nielsen felt that swimming pool permits do not need Council approval. Vogt suggested that certain agenda items should be held over to meetings that don't have the heavy planning items listed. Haugen moved, seconded by Gagne, to have staff deal with swimming pool permits if they comply with the Ordinance regulations. Motion carried - 5 ayes. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Brancel, to adjourn the Regular Council Meeting of August 10, 1987 at 11:07 p.m. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. General and Liaour Funds - Acct. No. 00-00166-02 Checks #051153-051261 General $359,195.29 Liquor $59,294.48 Payroll Checks Checks #201456-201481 Total S 8,343.79 $367,539.08 S 2,744.16 $62,038.64 RESPECTFULLY SUBMITTED, ~R~ Robert Rascop, Mayor Sandra L. Kennelly City Clerk -10-