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082487 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, AUGUST 24, 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 24, 1987, in the Council Chambers by Mayor Robert 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 Haugen, Stover, Gagne and Brancel. Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded 10, 1987, as amended. by Brancel, to approve the minutes of August Motion carried unanimously. . PLANNING COMMISSION REPORT Gagne attended the past Planning Commission meeting. The requests from Hauser for a conditional use permit and the Amoco Service Center were discussed. He will report on those issues as they come up on the agenda. PARK COMMISSION REPORT . Commissioner Mark Laberee reported on the past Park Commission meeting. The Commission discussed the addition of bike paths. They would like to see bike paths or walking paths added to future plans for improvements of Collector streets on new Collector streets. They would also like to see a cost estimate to add a 2" mat extending a path south on Vine Hill Road from the end of the current path to the City limits. Norton reviewed the background on the existing bike path. Gagne asked if the berm along the Near Mountain property would cause a problem if the path was extended. Norton felt that the berm does not affect the road right-of-way. Council directed Administrator Vogt to contact the City of Minnetonka regarding a cost sharing of the path if extended. Nielsen recommended that the Planning Commission look at incorporating the path proposal into the transportation plan. Norton stated that a plan on a bike path along Smithtown Road has been done. The Park Commission listed conditions that they would like to see followed by MWCC in order to obtain the easement they have requested at Cathcart Park. Vogt will be meeting with MWCC to discuss the easement and the conditions. -1- MINUTES MONDAY, AUGUST 24, 1987 PAGE TWO . PARK COMMISSION REPORT - cont. The Agreement will be sent back to the Park Commission for review prior to the Council approving the easement. CONSENT AGENDA BUDGET AMENDMENT - PLANNING - INCREASED HOURS Haugen moved, seconded by Stover, to approve the request to extend Planning Assistant hours from 30 to 35 hours and 40 hours for 1988 by amending the Planning Budget to reflect the salary changes. Motion carried - 5 ayes. TOWNE ADDITION - FINAL PLAT AND DEVELOPMENT AGREEMENT RESOLUTION NO. 107-87 . The staff has met with Mr. William Ecoff and Mr. David Littlefield to work out some concerns on the drainage plans for the Towne Addition. Froberg added an amendment to item number 5 of the Development Agreement. Mr. Littlefield is not in agreement with the Development Agreement. He feels Watershed District approval should be requested for Phase 2 at this time and all easements or covenants should be recorded on the deed for that phase. Froberg stated that the Development Agreement will be filed with the deed and the 2nd phase will not be approved without satisfaction of the drainage plans by the Watershed District and the City. Mr. Ecoff would prefer contributing the ponding costs toward an overall city drainage plan. Nielsen has spoken to the Watershed District representative Kevin Larson, he is in agreement with the phasing proposal. A Letter of Credit will be received for 150% of the improvement from Mr. Ecoff. Stover moved, seconded by Gagne, to approve the final plat and Development Agreement as amended and to include this Resolution with the 2nd Phase. Motion carried by Roll Call Vote - 5 ayes. BRENTRIDGE DISCUSSION - REQUEST FOR E.A.W. Developer Dave Johnson has requested postponement of action for his final plat until a further date. Staff has requested a discussion of the EAW request. Nielsen reviewed the petition requesting the EAW and then reviewed the basis for the requirement of preparation of the environmental worksheet. He feels the current City wetlands Ordinance does address much of the concerns. Sally Brown does not feel the traffic problem has been sufficiently addressed. Gagne moved, seconded by Stover, to deny the petition requesting an EAW for Brentridge and directed the Attorney to prepare a draft Findings of Facts supporting the denial. Motion carried - 5 ayes. . Resident Jerry Brecke stated his opposition to the postponement of plat action until September 14, 1987. -2- MINUTES MONDAY, AUGUST 24, 1987 PAGE THREE . CONDITIONAL USE PERMIT - ACCESSORY SPACE 27190 EDGEWOOD ROAD RESOLUTION NO. 108-87 Attorney Tim Keane, contractor Ken Durr and landscape architect Daryl Melquist were present to request approval of a Conditional Use Permit to add accessory space for a 3 car garage and gazebo. Gagne stated that the Planning Commission did approve the request 4 to 2. The next door neighbors, the Carrolls, were opposed to the request. The original request has been changed by lowering the grade level and decreasing the roof pitch. The architect reviewed the drainage flow and indicated that additional trees will be added between the garage and the fence. Gagne moved, the Planners ayes. seconded by Brancel, to approve the request subject to recommendations. Motion carried by Roll Call Vote - 5 COUNCIL BREAK - 9:13 P.M. TO 9:17 P.M. AMOCO SERVICE CENTER CONDITIONAL USE PERMIT DENIAL RESOLUTION NO. 109-87 . Mark Senn of Marcus Development Corporation presented a plan for an Amoco Service Center to be located at 24365 Smithtown Road. The plans called for demolishing the current structure and relocating the new building closer to the rear of the lot. The proposal requires a rear setback variance for parking spaces, a front setback variance for the installation of a canopy over the gas pumps and a variance for an existing billboard on the property. They propose to move the existing billboard to the east property line and will remove an additional existing billboard currently on the building. Rascop referred to the recommendation from Hennepin County not supporting the west entrance off of County Road 19. The developers feel this is a necessary entrance and the project could not be done without it. The County has also requested 71 on County Road 19 for right-of-way and the City is asking for 171 on Country Club Road. Tom Mulberg questioned the moving of the billboard. Nielsen stated that the billboard was non-conforming and that if it was taken down to move, it could not be reinstalled. Gagne commented on the 151 setback requirement on the "Wash INI Roll", Amoco is asking for 91 setback. Theylve stated a hardship of topography for their request. Nielsen suggested a single row of pumps or a change in the building configuration could eliminate the front variance. The developer stated that type of pump arrangement was not used in their service centers, it does not represent the corporate image. . Engineer Norton reviewed the drainage plan including a catch basin to the rear of the property that may connect to the Cityls system over the parking lot, He also stated that the Public Works Department water line is across this property and will have to be removed. -3- . . . MINUTES MONDAY, AUGUST 24, 1987 PAGE FOUR AMOCO SERVICE CENTER - cont. Gagne moved, seconded by Brancel, to approve the Conditional Use Permit as requested and recommend approval of the 2 curb cuts as shown to Hennepin County. Motion was denied by Roll Call Vote - 3 Nays to 2 Ayes (Gagne and Brancel). Findings of Fact will be prepared and submitted to Council. PLANNERS REPORT Request to Delav Order of Removal Leo Slechta, owner of the property at 4205 Enchanted Lane, requested a extension until May of 1988 to remove or remodel the structure on that property, previously ordered removed. He would like to board up the structure for safety protection at this time. The City may move the court for an order to remove and charge back the work cost to the owner 20 days after the court order is issued. Council did not delay the order to remove. CITY HALL DESIGN SESSION DISCUSSION Nick Ruehl of EOS and an associate sat down with the Council and staff and looked at modifications to the City Hall addition plans. The Council reminded him of the $150,000 limitation of expenditure. He felt that a 1600 square foot addition could be done. This cost would include drain tile, survey, soil borings and needed interior finishing. He will return with new plans reflecting some of the changes suggested during this design session. ATTORNEYS REPORT Eureka Road Drainage Agreement Attorney Froberg stated that we have an executed stipulation and have received a deed from the Majesticls for the easement to do the drainage project. S.E. Area Water Tower Site An appraisal valuing the property for the water tower at $200.00 was received. This amount has been posted and a judge has granted the deed to the City. Bids on the water tower will be received August 31, 1987. Hazardous Building Removal Orders to remove the dwellings County Road 19 have been served. be acted upon after 20 days. Booking Fees at 4205 Enchanted Lane and 5620 The enforcement of this order can The legislature sets the rate that can be charged by the County tor booking fees when the County officers fill out the documents, photographs, etc. They then bill the Police Department and they in turn bill this charge back to the City. Booking will be do~e by the City of Minnetonka in the future. -4- MINUTES MONDAY, AUGUST 24, 1987 PAGE FIVE . ATTORNEYS REPORT - cont. Proposed Ordinance Froberg will present draft and "Authorization of Dog September 14, 1987 meeting. Ordinances for "Going out of Businss" Catcher to Issue Citations" at the ADMINISTRATIVE REPORTS Status Report - Sale of House The house has been shown many times by staff. Various real estate agents have inquired about obtaining a "one time listing". Council does not want to list the house at this time but would encourage realtors to make an offer. Request to Release Tax Forfeited Property A request Point to land. has been received from Frank Zucco of 4485 Enchanted release for sale of piece of City property adjoining his . Haugen moved, seconded get an estimated cost this lot is being used Motion carried. by Stover, to direct the Administrator to on surveying to determine what portion of as travel surface for Enchanted Point. Budget Meeting A budget discussion will be held at 7:30 p.m., September 9, 1987 with the Council and Department heads. Special Census Information Administrator Vogt obtained information regarding requesting a special population census prior to the 1990 census to determine whether Shorewood has gone over the 5000 population figure. He was given a cost estimate of $10,030.00 with a nine month completion date. Council directed staff to do an in house new housing reveiw after the firsb of the year. Request for Contribution - East Tonka Babe Ruth Team A request for a contribution was made to support the sending of the local Babe Ruth team to the national tournament. The Council cannot make any contribution with City funds. MAYORS REPORT LMCD . The LMCD is working on prosecution of Ordinances. A tour of the lake will be sponsored for Judges. -5- . . . MINUTES MONDAY, AUGUST 24, 1987 PAGE SIX COUNCIL REPORTS Humanitarian Award RESOLUTION NO. 110-87 Rascop moved, seconded by Haugen, to recognition of Dr. Jospeh Kiser of "Humanitarian of the Year" award for Heart Hospital. Motion carried by Council also directed a letter be sent for his work. support a Resolution in Shorewood in receiving the his work with the Childrens Roll Call Vote - 5 ayes. to Dr. Kiser commending him Liquor Store Profits Stover profit 1986. reported that the liquor stores have shown a $40,964.00 thus far this year. This is more than the total profit of APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Rascop, to adjourn the Regular Council Meeting of August 24, 1987 at 11:15 p.m. subject to approval of the claims for payment. Motion carried - 5 ayes. General and Liquor Funds - Acct. No. 00-00166-02 General Liquor Checks #051262-051372 $52,404.42 $45,135.35 Payroll Checklist: Checks #201482-201517 $ 2,304.88 $ 9,439.32 $61,843.74 $47,440.23 Total RESPECTFULLY SUBMITTED, %a:/v) If ~ Robert Rascop, MayOr Sandra L. Kennelly CMC City Clerk SLK/slq -6-