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020888 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 8, 1988 MINNEWASHTA SCHOOL 26350 SMITHTOWN ROAD 7:33 P.M. M I NUT E S CALL TO ORDER The Regular Council Meeting of the Shorewood City Council was called to order at 7:33 P.M., Monday, February 8, 1988, 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, Haugen (Arrived at 7:38), Gagne and Brancel. Stover (Absent on Vacation). Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seconded by Rascop, to approve the minutes of the Special Study Session of January 16, 1988 as written. Motion carried 2 Ayes - Gagne and Rascop (Brancel was absent at that study session). Brancel moved, Regular Meeting page four. seconded by of January Gagne, to approve the minutes of the 25, 1988 as amended with corrections on MATTERS FROM THE FLOOR agent Mark McCurdy representing Merrill Lynch Realty was ask the Council to extend the listing contract for the 5795 Country Club Road. He requested an additional 4 month Real Estate present to house at contract. Brancel moved, seconded by Gagne, to authorize the Mayor to sign a contract for 60 days. Motion carried - 3 ayes. PLANNING COMMISSION REPORT There was no report given. The minutes of the meeting of February 2, 1988 are contained within the Council packet. PARK COMMISSION REPORT Brancel made three requests to the Council from the Park Commission. The Commission requested authorization to have 2 sections of 18' pipe installed in the ditch crossing areas in Freeman Park. The Engineer has done drawings and the Public Works Department could install these pipes at an estimated pipe cost of $250.00 for both sections. -1- . . . MINUTES MONDAY, FEBRUARY 8, 1988 PAGE TWO PARK COMMISSION REPORT - CONTINUED Gagne moved, seconded by Rascop, to authorize the installation. Motion carried - 3 ayes. A request was made to have the Public Works Department clean up the BMX track, also to drag the track once a month to prevent ruts. (Haugen arrived at 7:38) Brancel track. moved, seconded by Gagne, to authorize the work on the BMX Motion carried - 4 ayes. The Commission also requested permission to purchase 2 shop vacs for Badger and Cathcart warming houses, the cost not to exceed $300.00 for both vacuums. Gagne moved, seconded by Rascop, to authorize the purchase of 2 shop vacs not to exceed $300.00. Funds to come from the Park Capital Improvement Fund. Motion carried - 4 ayes. CONSENT AGENDA S.E. Area Water Tower - Payment Approval Engineer Norton recommended approval of Payment Voucher No. 1 for Project No. 86-lD S.E. Area Elevated Water Storage Tank to CBI Na-Con, Inc. in the amount of $88,265.75. City Hall Expansion Project - Payment Approval Staff recommends payment of Voucher No. 2 in the amount of $40,641.00 to Zastrow-Nasset Construction, Inc. for work completed on the City Hall Expansion Project. City Hall Expansion - Change Order #2 A list of recommended changes and additions to the present contract was with Zastrow-Nasset Construction Inc., was presented as discussed at the January 25, 1988 meeting. The total cost of the change order was $3,291.00. Additional 1988 Appointments (Add to RESOLUTION NO. 1-88) Planning Commission recommended appointment of Vern Watten as Chairman and Jim Schultz as Vice Chairman for 1988. Gagne moved, seconded by Brancel, to approve the listed items on the Consent Agenda as requested. Motion carried - 4 ayes. -2- . . . MINUTES MONDAY, FEBRUARY 8, 1988 PAGE THREE DENIAL OF CONDITIONAL USE PERMIT - 5540 SHORE ROAD Mr. Roy Ahern, his Attorney Symore Mansfield and his associate were present to request a C.U.P. to construct a house on Lot 11, Radisson Inn Addition. The Planning Commission held a public hearing on this request on February 2, 1988. The Commission had recommended approval of the C.U.P. 4 ayes to 1 nay. Attorney Mansfield viewed the request made by Ahern in August of 1985. The Council denied that request - 3 ayes to 2 nays. The new application does not require a setback variance, only a C.U.P. is requested. The shoreland impact plan has also been submitted. He stated the provisions of the C.U.P. Ordinance and felt the request complies with the provisions and the Council should grant the C.U.P. Mayor Rascop opened the discussion to the audience for public comment. Paul Seifert of 5515 Radisson Entrance stated the 25 lots do have real easements, with the potential of 35 easements if properties are divided. The lot was unofficially created in 1939 for the Radisson Inn and the cottages because it was the best beach property in the area. The deed was sold to Joe Hayes for $1.00. It was bought by Mr. Ahern for $13,000.00 in 1979. This price reflects the fact that this was an unbuildable lakeshore lot. He feels the easement is an unlimited easement. He also stated that the easement users have maintained this lot for 20 years. The area residents have decided that they will commence legal process to have the Courts determine the intent. Haugen asked if any of the easement holders paid taxes on this property. David Walker of 20485 Radisson Inn Road stated that the arrangement was made that the area residents would maintain the Hayes' lots in exchange for payment of taxes by Mr. Hayes, and that the residents have paid insurance. Walker questioned the environmental impact. He stated that the Planning Commission did not look at the 20' access to be used if no landscaping is planned. Walker clarified that insurance was paid by the Association as recent as 1984. Mansfield stated that the easement for egress and ingress over this property is to get from one point to another and creates nothing greater than that and does not prohibit building. Gary Mize of come up for grounds have Plan. 20485 Radisson Inn Road was surprised to see the issue consideration again. Rascop stated that some of the been changed due to receipt of the Shoreland Impact Gary Krebs of 20555 Radisson recreation and has concerns devalue his property. Road has used this lot for if this house is built, it would Inn that Mr. Ahern assured the Council that he will not stop access to the bathing beach, but this does not mean they can picnic in his house. He will provide 20' on each side of the house and 75' in front of the house. He has paid the taxes and insured the lot as owner since he purchased it. No one ever offered to pay the taxes. -3- . . . MINUTES MONDAY, FEBRUARY 8, 1988 PAGE FOUR DENIAL OF CONDITIONAL USE PERMIT - 5540 SHORE ROAD - CONTINUED Mr. Ahern stated that he is not aware of any legal proceedings being started, he has received no notification of that. Attoney Bill Hittler spoke for Mark Watts and Tom Greine and others present and listed various facts. Rascop asked what plans Mr. Ahern had for the property. Mr. Ahern replied that he would like a dock and some kind of a small boat. Tom Greene, Attorney for the easement holders stated that the easement is ambiguous. This should be clarified by locating the presently unlocated easement. He said the Examiner of Titles office will determine this. A petition will be prepared and filed with the Examiner. Mr. Walker referred to an agreement to purchase the property by the Association at the full asking price of $13,000.00 in 1979, but Mr. Hayes sold it to Mr. Ahern for $13,100.00. Mrs. Watts has used this lot for 15 years and feels a structure would change the character of this area. It was mentioned that the lot was assessed only for sewer, not water. Upon request for a legal opinion, City Attorney Froberg stated that the lot should not be considered unbuildable due to the easement, but the Council must consider the items listed in the Ordinance to determine whether to issue a C.U.P. If the lot was originally intended to be a buildable lot, the factors to consider would be: Nature of the adjoining land or buildings, similar use already in existence on lands close by, traffic effect and public health, safety and general welfare. Haugen asked what the effect would be of Mr. Greene's suggestion concerning a determination to be made of the restrictions of the easement by the Examiner of Titles. Froberg felt this was an action that should be resolved between the owners and the easement holders. asked Mr. Ahern issue tonight due to 4/5 vote in order counsel, he choose if he wanted the Council to take action on the absence of 1 Councilmember and the need to grant a C.U.P. after discussion with Mr. to preceed with the request. Haugen this for a Ahern's Froberg submitted a list to the Council that listed the issues that they should be taking under consideration. Haugen read aloud the list: 1. The nature of the adjoining land or buildings. 2. Whether or not a similar use is already in existance on lands close by. 3. Effect upon traffic into the premises. 4. General welfare, public health, safety. -4- MINUTES MONDAY, FEBRUARY 8, 1988 PAGE FIVE DENIAL OF CONDITIONAL USE PERMIT - 5540 SHORE ROAD - CONTINUED . Haugen stated that she was aware of the "history" from the former residents but has been told that this cannot be a consideration. She also has received contradictory comments on the use of this lot from Mr. Hayes comments made to Mr. Ahern at previous meetings. Gagne C.U.P. Attorney 22, 1988 Dote. moved, seconded by Brancel, to deny the application of the upon consideration of the general welfare and directed the to prepare findings of fact for presentation at the February meeting. Motion to deny was accepted - 4 ayes by Roll Call AGENDA AMENDMENT Haugen moved Sale, to 9A. to amend the agenda to move item 13A, Status of House Seconded by Gagne. Motion carried - 4 ayes. SIMPLE SUBDIVISION - 4605 LINWOOD ROAD RESOLUTION NO. 11-88 Mr. Stan Proden was present to make his request for a simple subdivision to divide a lot at 4605 Linwood Road into two lots. One lot would contain a tennis court then would be turned over to a neighborhood association, no building would be allowed on that lot. The tennis court lot, without a principal structure would not currently be allowed. But due to conditions of a 1979 approval, it is recommended approval of the division as long as no structure is built on that lot. . Haugen moved, seconded by Gagne, to approve the simple subdivision in accordance with the Planners recommendations listed in his report of January 28, 1988 and on the condition that no house be built on the tennis court parcel and that parcel be conveyed to the Homeowners Association. Motion carried by Roll Call Vote - 4 ayes. INFORMAL DISCUSSION TO CONSIDER A COMP PLAN AMENDMENT - STRICKLAND VENTURE II Nanci Strickland was present to ask Council if they would favorably consider a request to rezone an 8.4 acre parcel at 5915 Strawberry Lane. A comp plan amendment would be needed prior to the rezoning to change density from 0-1 unit per acre to 1-2 units. She first presented the Planning Commission with a proposal for lots 20,000 square feet to 22,000 square feet. She received an unfavorable response, and has increased the lot sizes to 30,000 square feet. George Larsen, property owner across Strawberry Lane, would also like to rezone his property. At the time of this request, the property does not require a comp plan amendment. Haugen questioned the attitude of the police and fire toward the use of cul-de-sacs. Nielsen felt a better design would be recommended. Council reviewed surrounding lot sizes and questioned the plans to supply water service. . Council gave conceptual approval to continue with the comp plan amendment procedure. -5- . . , MINUTES MONDAY, FEBRUARY 8, 1988 PAGE SIX WEIGHT RESTRICTION DISCUSSION John Lamore of Rottlund Company was present to request an amendment or modification to the present Weight Restriction Ordinance. He felt that no additional damage could be done to Covington Road if the limit were raised. Also, the developers were required by the City to install heavier duty roads that can handle additional weight. Mr. Erik Erickson of Steiner and Koppelman was in agreement with Mr. Lamore. He also stated that Waterford roads were built for 9 ton. Administrator Vogt reviewed the past and current Weight Restriction Ordinances and the court decision to raise the limits to 5 ton last year in this area. This court decision was only temporary. Froberg suggested that any change to the Ordinance could include a list of exempted streets. The current weight limit on Minnetonka's half of Vine Hill Road is 6 ton and 4 ton on Shorewood's half. Vogt stated that Mr. Wartman has asked for the same consideration in the Boulder Bridge area, and Peter Pflaum in the Near Mountain area. Staff supports listing the streets as to their design and ability to handle the load. Gagne moved, seconded by Brancel, to direct the staff to return with a Weight Restriction Code Amendment showing a list of exempted streets and recommended weight limitations. Motion carried. ACCEPTANCE OF HOUSE OFFER - 5795 COUNTRY CLUB ROAD Mark Bartikowski, of ReMax, returned to the Council asking them to reconsider their denial of the last offer regarding the sale of the house the city owns at 5795 Country Club Road. He listed many water leakage and insulation problems with the house that would be a great expense for the new buyer to correct. He is reoffering a sale price of $105,000.00 and has sercured $5,000.00 earnest money. The City's realtor, Mark McCurdy would like to see a counter offer at $108,000.00. by Gagne, to accept McCurdy's recommendation price at $108,000.00. Motion denied - 1 aye Haugen moved, seconded to counter offer the (Haugen) to 3 nays. Rascop moved to accept the $105,000.00 offer with $5,000.00 earnest money, $5,000.00 at closing with a 5 year contract for deed at 10% interest, and authorize the Mayor to sign the sales agreement, seconded by Brancel. Motion carried - 3 ayes - 1 nay (Haugen). ATTORNEYS REPORT Discussion on Collection of Delinquent Water Bills Froberg and Clerk Kennelly reviewed the collection requirements to provide proper notice to have the right to shut off water to delinquent water users. The dates were clarified and would allow for shut off 30 days after the due date. Gagne moved, seconded by Code amendment for review. Haugen, to direct the staff to draft a Motion carried - 4 ayes. -6- . . . MINUTES MONDAY, FEBRUARY 8, 1988 PAGE SEVEN ATTORNEYS REPORT - CONTINUED Provide for Mailboxes in Right-of-Wav ORDINANCE NO. 204 Froberg submitted an Ordinance to provide for private mailboxes to be placed on public right-of-way without requiring a permit when on the contiguous side of the street as their home or at the postal services recommendation. Gagne moved, seconded by Brancel, to waive the second reading and adopt the Ordinance Code Amendment as submitted. Ordinance adopted by Roll Call Vote - 4 ayes. ENGINEERS REPORT S.E. Area Water System Update Engineer Norton stated that a new air relief valve has been installed on the S.E. Area well to help alleviate the air problems. A letter drafted by Jim Norton, has gone out to the residents more thoroughly explaining the change over and the problems experienced. Kennelly stated that ther'e has been a real reduction in complaints in the past week. PLANNERS REPORT Arvidson Dock Issue The survey has not been completed at this time. Arvidson is fee owner of the property and the City has an easement over that property for Timber Lane. Haugen moved, seconded by Gagne, to direct Mr. Arvidson to make application for a permit to the Minnehaha Creek Watershed District by their next meeting. Motion carried - 4 ayes. Village Pump Clean-up Nielsen Village owners taken. has sent notices to the owner and the tenants of the Pump regarding the junk complaints. He has spoken to the Attorney and one of the tenants, but no action has been Haugen moved, seconded by Gagne, to turn the violations over to the City Attorney for action. Motion carried - 4 ayes. Tom Thumb Site Dreher and Associates together with the Weis Companies have shown an interest in building a retail mall on the present Tom Thumb site and adjoining lot. A text amendment will be drawn to provide for Commercial P.U.D. zoning. They will then apply under that text amendment for the mall. The Planning Commission will hold a public hearing on March 4 to reveiw the text amendment. -7- MINUTES MONDAY, FEBRUARY 8, 1988 PAGE EIGHT PLANNERS REPORT - CONTINUED ~ Tom Thumb Site - continued Haugen asked if a market study has been done. Nielsen has not seen a market study, but he has been told that 50% of the mall has already been leased. Request for Correction in Zoning - Wood Duck Circle A request from Rick Murray of B-T Ventures, was received due to his ownership interest in 5 lots on Wood Duck Circle and Smithtown Road. He felt there was an oversite at the time when reclassification of zones was done. The present R-2A zoning requires 30,000 square feet per double or 15,000 square feet if divided. The area was zoned for 20,000 square feet per lot when it was developed in that manner. They are requesting it be rezoned to R-2B as the use exists, as recommended by the staff. Haugen moved, the rezoning ayes. seconded by Brancel, to direct the staff to initiate of this area from R-2A to R-2B. Motion carried - 4 Council directed the staff to check if individual utilities are required if the doubles are to be divided for separate ownership. ADMINISTRATIVE REPORT . City Hall Expansion Proiect A change order will be submitted for the replacement of tile in the men's restroom because they were unable to match the existing tile. The cost of the change order is estimated to be $200.00. MAYORS REPORT MWCC Discussion Rascop has thought about the high rate being charged to Shorewood from MWCC. He feels a great deal of the expense is due to the infiltration into Metro interceptor lines. He also feels the City should be reimbursed for that infiltration. Council directed the Attorney to do preliminary findings to dispute the charges. Lake Lovers Ball This ball will be held at Lord Fletchers on Thursday, February II, 1988. Metropolitan Council Taxing . Rascop expressed concerns that the Metro Council is attempting to ~ecome a Metropolitan Government. They currently levy taxes in six different areas and do not have one elected official that regulates those funds and have no levy limitations. They are proposing to obtain authority to bond for parks. -8- . . . MINUTES MONDAY, FEBRUARY 8, 1988 PAGE NINE MAYORS REPORT - CONTINUED Advisorv Committee To The Regional Transit Board Haugen volunteered to be on the new transit board. COUNCIL REPORTS Countv Road 19/Glen Road Drainage Proiect Status Jim Mahady of Hickok & Associates is putting together the scope of services for the project. This report is due this week. A meeting of the Watershed will be held on February 18, 1988 to hopefully proceed with the feasibility study. Ethics in Government Statement signing a new Ethics in government statement. statements to the Council for filing. Haugen the Councilmembers sign and update these at the year. Haugen asked about Vogt submitted the recommendeed that beginning of every Fire Contract Rascop did not sign the new fire contract with the City of Excelsior. He has requested to see the statement on unrebated fire insurance premiums prior to signing the contract. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne, to adjourn the Regular Council 8, 1988 at 10:52 P.M., subject to Motion carried - 4 ayes. Haugen moved, seconded by Meeting of Monday, February approval of claims for payment. General and Liquor Funds - Acct. No. 00-00166-02 General Liquor Checks i052347-052434 $169,620.70 $39,718.56 Payroll Checklist: Checks i201880-2019l5 S 10,834.36 $180,455.06 S 2,771.45 $42,490.01 Total RESPECTFULLY SUBMITTED, iPclw/ f~ Robert Rascop Mayor Sandra L. Kennelly City Clerk -9-