090880 CC Reg Min
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
SEPTEMBER 8, 1980
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
M I NUT E S
CALL TO ORDER
The last regular meeting of the Shorewood City Council was called
by Mayor Frazier at 7:35 P.M. in the Council Chambers.
PLEGE OF ALLEGIANCE AND PRAYER
Meeting opened with the Pledge of Allegiance and Prayer.
ROLL CALL
Council members present: Mayor Frazier, Keeler, Naegele, Haugen,
and Shaw.
Staff Present: Engineer Long, Attorney Kelly, and Clerk Wiltsey.
Also Present: a capacity crowd of standing room only.
APPROVAL OF MINUTES
Moved by Naegele, seconded by Keeler, to approve the minutes of
August 25, 1480 with the addition of adjournment time at 11:45 PM.
Motion carried unanimously.
Moved by Haugen, seconded by Keeler, to approve the minutes of
the special meeting of August 27, 1980 as submitted. Motion
carried unanimously.
WATER EXTENSION-CRESCENT BEACH/TONKA BAY - PROJECT 80-WE-l
RESOLUTION NO. 59-80
Engineer presented the plans and specifications for the extension
of a water line from Tonka Bay to serve the properties at 25360-70
and 80 Birch Bluff Road as requested in a petition dated August 5,
1980 -- along with the low bid from Widmer Brothers of $4,400 plus
$1,400 road replacement costs.
Moved by Naegele, seconded by Keeler, to adopt a resolution
approving the bid from Widmer Brothers as proposed, upon receipt
of the cash from the petitioners to cover the bid proposal and
other costs involved. Motion carried unanimously.
TAX FORFEITED - CHRISTMAS LAKE POINT SEWER EASEMENT
Notice of expiration of redemption of certain parcels, 60 days
after notice, t14.S been received from the county. Parcel s are
now travelled as part of Christmas Lake Point and easement for
the municipal sewer. Moved by Keeler, seconded by Haugen, to
take whatever steps necessary to obtain title to the property
for the purpose of maintaining the sewer lift station when and if
the property goes up for public sale. Motion carried unanimously.
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REGULAR COUNCIL MEETING
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SEPTEMBER 8, 1980
PARK COMMISSION REPORT (September 2, 1980)
ATHLETIC AGREEMENT - MAA
Moved by Naegele, seconded by Haugen, to approve the recommenda-
tion of the Park Commission (dated 9/2/80) to approve an agreement
with the MAA for a fee of $300 for this season only. Motion
carried unanimously.
(A copy of a memo dated September 5 was received from the attorney
relative to the need for a contract with each of the organizations
requiring them to carry liability insurance.)
MANOR PARK PLAN
The Park Plan for the improvements to Manor Park were reviewed by
the Council. Moved by Haugen, seconded by Keeler, to approve the
recommendation of the Park Commission approving the Manor Park Plan
as submitted by the engineer provided that consideration be given
to include a kiddie lot and handball court - if space is available.
Motion carried unanimously.
BUILDING PERMIT - GARAGE VARIANCE - MILLER, 5455 VALLEYWOODCIRCLE
Moved by Haugen, seconded by Keeler, to approve the Planning Com-
mittee recommendation of September 2, 1980, the application for a
building permit from Mr. Miller, 5455 Valleywood Circle for an
additional garage totalling 1,200 square feet to be used for
storage of additional vehicles. Motion carried on a 4 to 1 vote:
Mayor Frazier, Keeler, Haugen, and Shaw voted aye. Naegele voted
nay.
ORDINANCE - PUD (AMENDMENT TO NO. 77) - FIRST READING
The council reviewed the changes to the first draft of the proposed
PUD Ordinance as recommended by the Planning Commission. Attorney
Kelly presented and explained the memo containing his concerns.
The planner, Brad Nielsen, arrived at 9:00 and further explained
the purpose of the PUD and the difference between that and the
present PURD. Council directed the planner to review the issues
that were raised and bring back a report before the next reading.
Moved by Haugen, seconded by Naegele, to open the matter to the
public for a 20-minute session for questions, answers and general
comments. Motion carried unanimously.
Those speaking were Mrs. Clapp, Hamilton May, Rachel Leonardo,
Don Willis, B. Heimark, D. Bruning, Mrs. Gregg, and Bob Shaw.
One concern raised was that the Council had not held a public
hearing on the Ordinance. Rachel Leonardo read a letter (made a
part of the minutes) which generally echoed the concerns of those
residents who spoke.
Council recessed at 10:10.
Council reconvened at 10:25.
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Shorewood Ci ty\;cnmcil
Country Club Rd.
Shorewood, Mh. 55331
1':.Tl'N: Councilmember
Following is a list of questions pertaining to P.U.D. , amendment to
Ordinance 77.
vIe would like answers to these questions at your next council meeting,
Sept. 22, 1980. We request that these questions and the council's answers
be included in the mi utes of said meetinu.
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1. vlliy is it necessary to amend our current zoning
2. Is it true that there is no minimum overall land size or lot size for a P.TT.D.?
If not, why shouldn't there be?
3. Is it true that P.U.D. provides m1x1ng commercial u~e with residential where
our current zoning laws make no such provision. If so, \\Thy do we want this?
4. vlliat specific reference within the Comprehensive Plan describes the allowable
density within a P.U.D.?
5. Since it's such a significant departure from our present zoning laws, why
wasn't P.U.D. explained to the public in the form of a letter or a public
hearing in front of the city council?
6. If a deve10per brings a P.U.D. Plan to the council \'Thich is within the cri.teria
of t~e P.U.D. Ordinance and the Comprehensive Plan, on what basis can a council
or planning commission deny or reject a plan? Do you nave to accept all of
them? On \..,rhat basis can a citizen challenge the acceptance of a plan?
7. Can the co~~cil legally reject a proposal without the basis of predetermined
criteria without being arbitrary and capricious? (Refers back to question 6)
8. Since P.U.D. means higher density a.nd r.lorp f''''''''''''''~--~-'
studies 1"<>1 ,,+.; ..- .L_
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REGULAR COUNCIL MEETING
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SEPTEMBER 8, 1980
RUFFENACHREQUEST- DRIVEWAY TO LOT 5, BIRCH BLUFF ADDITION.
A memo on the request to open a driveway to Lot 5 submitted by
the attorney, dated September 8, 1980, giving his opinion as to
the Council's authority at this point. Based on the opinion,
Frazier moved to reconsider the proposal (that had been previously
denied), seconded by Naegele. On roll call vote, the vote was:
Shaw-nay, Haugen-Nay, Keeler-abstained, Naegele-aye, and
Frazier-nay. Motion failed.
CONDITIONAL USE PERMIT - DR. ROBERTHOLIN
Moved by Haugen, seconded by Shaw, to-allthorize the attorney to
investigate the conditons of the building permit issued to
Dr. Olin of 5695 Merry Lane to determine if in compliance and
take whatever steps necessary. Motion carried unanimously.
LOCAL GOVERNMENT AID PAYMENTS
Notice was received from AMM relative to a possible payment
schedule on the Local Government Aid under the Governor's budget
cuts. Moved by Keeler, seconded by Haugen, to return the question-
naire requesting that no deferment be made in 1980 payments as
stated in Item #2 of the questionnaire.
LIGHT RAIL TRANSIT
A copy of a letter addressed to Metropolitan Council from Mayor
Quest of Deephaven was acknowledged, of which letter requests the
Metro Council to have the lake communities represented, on the
Light Rail Transit Committee. Moved by Keeler, seconded by
Haugen, to have Mayor Frazier respond to Mayor Quest approving
his request.
SUBURBAN RATE AUTHORITY RESOLUTION NO. 60-80
Reviewed the request received from LeFebore as attorney for the
Suburban Rate Authority for authorization to be involved in
matters relating to Metropolitan Waste Control Commission.
After further discussion, it was moved by Haugen, seconded by
Keeler, to adopt the resolution authorizing the amendment to
the Joint Agreement and further to write a letter to SRA, asking
them to consider taking on the role of legislating rate policy
of the service companies--to prohibit them from raising the
rates until after the rates have been approved. Motion carried
unanimously.
APPROVAL OF CLAIMS
Moved by Haugen, seconded by Keeler, to approve payment of the
claims as presented by the clerk, as follows:
From the General Fund (covered by Checks No. 22771
thru 22869 )
$ 61,292.69
thru 6939 )
$ 21,580.11
From the Liquor Fund (covered by Checks No. 6903
Motion carried unanimously.
Moved by Haugen, seconded by Keeler, to adjourn the meeting at 11:35
P.M. Motion carried unanimously.
R~~ectfu_ ~l~s-,u~mitted,
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Elsa I. Wiltsey, G1erk
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. Presented at the City of Shorewood Council Meeting on September 8, 1980
~y Rachel Leonardo:
Members of the City Council, it is your responsibility to consider
whether Shorewood should amend Ordinance 77 to incorporate P.U.D. -
allowing the City to rezone areas and pieces of land to Planned Unit
Development.
What is before you is of major consequence to the people and City
of Shorewood.
*P.U.D means high density.
*P.U.D means establishing and maintaining more services
necessary to accommodate high-density development; i.e.
water, roads, schools, stores, fire, police protection,
etc.
*P.U.D. means mixing of homes, apartments, townhouses, as
well as commercial properties.
*P.U.D. means altering Shorewood's look from semi-rural
residential to the Bloomington look.
*P.U.D. means-simply more people, and less space.
Remember that to date Shorewood's popularity and big selling point
for us and for many people was the fact that Shorewood is a semi-rural
residential area. We came here specifically for that reason. We did
not wish to be crowded; we did not wish to have a store or apartment
complex next to our home and property.
We want the City Council to consider the community's traditions that
brought us here:
*Individual home ownership.
*Open spaces.
*Mixture of small to large family residences.
*Self-supporting, hard working homeowners and businessmen.
These traditions can be modified to meet the changing times--BUT ONLY
after careful thought and deliberation--the impact of such a change must
be assessed, not only in terms of higher density but more importantly--
in terms of the impact on the people of Shorewood.
Shorewood already has under Ordinance 77, Section 27, a P.U.R.D
Planned Unit Residential Development. This allows a mixing of a variety
of housing types and densities. This is appropriate for Shorewood and
is all thatShor~wo6d needs.
Again, Shorewood does not need P.U.D.-a Zoning Ordinance that
permits mixing residential and commercial development.
As members of the City Council, it is time for you to put your
personal interests and opinions secondary to that of the people you
are supposed to represent. If the majority of the people wish to have
Shorewood remain a residential community, you must not vote for P.U.D.
by:
Rachel Leonardo
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- ZONE IT RESIDENTIAL-
Many Shorewood citizens last week were confused when they received an unsigned
yellow circular which was filled with some half truths, distorted information, and
unanswered questions.
This special issue .of the newsletter will carrectly identify the issues and
nm:>rs and provide you with true information.
ISSUE - WATER
RlM:>R: (Is the Council trying to bring water in the back door? - Plans to dig a
600-unit municipal well and the laying of extensive pipelines are in the works.)
FACT: A Council policy for the past several years has been that any developnent
.of 10 units or more nust have a central well for convenience and adequate fire ,
protection.
INFORMATION: A 750 gallons-per-minute welL to serve the 26-unit Wild Duck III
residential project on County Road 19 (next. to the Shorewood Nursery) is, being
built at the site of the second municipal garage (not parh 'of Badger Park) so the
City can use it for. park and municipal building needs.
TRUI'H: After the Shorewood Shopping Center had been built and the fire sprinklers
installed, the Excelsior Fire Inspectar infonned the Council that he felt the
Center's water supply was inadequate to meet the needs of the sprinkler system.
The present reconmendation to the Council is that any expansion in or near the
Center should instigate Council action to require the Center to hook up to the
well near Badger Park. IF the, praposal for. subsidized elderly and low/moderate
f&11ily housing is approved, one of the requirements by the federal and state
govemment is that there be an adequate water supply far the . project - and they
set the standards as to what they mean by "adequate". THE WELL NEAR BAJX;ER PARK
WILL PROVIDE AN ADEQJATE WATER FLOW FOR UP TO 500 UNITS. Is that an "extensive"
system?
INFORMATION: Three years ago this Council listened ta the citizens of Shore wood
when they expressed their opinions regarding a water system far all, of Shorewood.
The vast majority said they didn't need it and didn't want it - Sa it wastumed
down by a unaniIOOUS vote of the City Council. Many of that same majority of
residents also said to the Council, ''When I do need city water, I hape you people
have it out in the street far me . "
TRUI'H: Trying to respond to that, the Council developed the aforementioned policy
.of a central well far any developnent ..of 10 units or more. .We feel it is an ex-
cellent policy - one that allows a resident adjacent ta a well to say -- - "Yes, I
want it," .or "No, I still don't need it," or "I might want to later, but n.ot yet."
WE REPFAT~ NO ONE WILL BE ASSESSED FOR WATER IF THEYOON'T WAN!' .IT - AND Hl------~----
RESlDENr WILL BE FORCED TO HOOK UP TO A CENI'RALJAlELL-~rn-'u-, -
______~~~. THAT _Kn:lR-POlif"J1'~~
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INFORMATION - THE P. u. D. ALJ...a.JS OR PROVIDES:
.Innovations and varlety in housing.
.Retter utili7.c'ltion of existing terrnin and prcsC'rv.1tion of n:ltlJrnl site
charClcteri stics. .
. Hcqui res cOllnon and open ::;pacc::;.
.Residential density must fit within the Comprehensive Land Use Plan.
.Stricter standards for developers.
.Col11TlCrcial or service areasWITI-lIN the development.
.For citizen input.
- THE P.U.D. OOES Naf ALLOW:
.Conmercial to be placed indiscriminately within a residential neighborhood.
.Apartments or incompatible housing to be haphazardly placed in a residential
neighborhood.
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ISSUE = SUBSIDIZED HOUSING FOR LOW/MODERATE INCG1E,
SENIOR CITIZENS AND' FAMILIES
lRUlH: All those elected to the Shorewood City Council during the last six years
have supported the abovementioned concept. At a recent Planning Coomission Meet-
ing, the Comnissioners voted 6 to 1 in supportof the concept. The present City
Council voted unani~usly ill support of the same concept.
FACT: The Council believes that one of Shorewood's finest attributes is the
diversity of its citizenry. A population survey provided us with the infonnation
that our diversity is being lost due to inadequate varieties of housing - parti-
cularly, with the elderly, and the young adults starting out on modest incomes.
They ~uld like to stay in Shorewood, but have no place to go.
INFORMATION: The City of Shorewood has been asked to consider a development
that inclooes family townhouses and apartments for the elderly. The Council has
tried to keep open lines of comnunication with those in the neighborhood. Con-
cerns expressed resulted in the developer relocating the family housing on the
property nearer the Highway 7 - Lake Linden Drive area. The complex for the
elderly was placed toward the center. of the property. The proposed loo-bed care
center was elimins:tt'po, and in its place is a .proposed 6 single family detached
dwellings. that \<<>Uld have an exit on Yellowstone Trail. These are to be equal
to, or above, the cost .of the averagehane on Riviera Lane~ich is adjacent to
the proposed project. This soould help to.. maintain the property values of the .
surrounding housing.
lRUI'H:The property in question is bounded by Highway 7 on the south, Yellowstone
Trail on the north, is near Riviera Lane on the west, and near Lake Linden Drive
on the east. The Shorewood Shopping. Center .1s on the other side of Lake Linden
Drive and has the services required to receive funding for the Senior Housi
through the U.S. Department of Housing and Ur~-=~
knowledge the HDw::ino 1)...,...,s_ . . .-~---
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TRUTH: The Shorewood City Council and the Plaming Comnission has been criticized
for holding special meetings. I t has not been our intent to prevent the public
from getting involved. Frankly, for part~time elected and appointed public
officials to do all the work in government during two meeting~ a month is often
an impossible task. (We are not making the next statement to pat ourselves on the
back - it is an observation.) Shorewood has always been fortunate enough to have
civic-minded citizens who will make the time and effort to attend regular and
special meetings, intra and intergovernmental meetings, as well as staff and
organizational weekly meetings.
**NOI'E: All regular and special meetings of the City Council and Comnissions are
posted at the City Hall. All Council meetings and agendas are also posted at the
two municipal liquor stores.
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In a City, today, you have to do good planning and good prograrrming. That
takes some leadership, and once in a while sane "guts", but ~ere it happens you
will see good results..
This City Council will not be devious. At all times, we are honestly
endeavoring to keep Shorewood a quality residential COITITIl.n'lity with adequate
facilities and services to meet the needs of you, the resident.
Sincerely,
SOOREmQD CITY COUNCIL
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STEVE FRAZIER, MAYOR
BILL KEELER, COUNCIL
BOB NAEGELE, COUNCIL
JAN HAUGEN, COUNCIL
TAD SHAW, COUNCIL
474-7265
474-7325
474-6670
474-9l4l
474-3636
September 19, 1980
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