052984 CC Reg Min
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CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
TUESDAY, MAY 29, 1984
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
M I NUT E S
CALL TO ORDER
The regular meeting of th-euShorewood City Council was called to order by
Mayor Rascop at 8: 00 PM,--Tuesttay,Mayz9, 1984,tn--th-e Council Chambers of
City Ha 11.
PLEDGE OF ALLEGIANCE
The meeting was opened with the Pledge of Allegiance and a prayer by Mayor Rascop.
ROLL CALL
Present: Mayor Rascop, Councilmembers Gagne, Haugen, Shaw, and Stover.
Staff: Attorney Larson, Engineer Mittlesteadt, Planner Nielsen, Clerk Kennelly.
APPROVAL OF MINUTES
Gagne moved, seconded by Haugen to approve the minutes of the regular Council
meeting of May 14, 1984, as corrected. Motion carried unanimously.
NONCONFORMING USE - ZONING ORDINANCE TEXT AMENDMENT
ORDINANCE NO. 159
Planner Nielsen presented the second reading of the Zoning Ordinance Text
Amendment allowing variances for the expansion of nonconforming single-family
residential structures under reasonable conditions determined by the City Council.
The second reading was reviewed as revised from the first reading.
Haugen moved, seconded by Gagne to accept the second reading as originally drafted
tn the first reading. The Ordinance was adopted by Roll Call Vote - 4 ayes -
1 nay (Shaw).
8:00 PM PUBLIC HEARING - KEIFER VARIANCE
RESOLUTION NO. 28-84
The public hearing was opened at 8:40 PM for the purpose of obtaining a variance
to expand a nonconforming structure by adding a deck to the present structure
that will not increase the nonconformity. The public portion of the meeting was
closed by Mayor Rascop at 8:42 PM without public comment.
Gagne moved, seconded by Rascop to approve the variance as requested. Variance
approved by Roll Call Vote - 5 ayes.
JUMAR MOTOR HOME REQUEST
Jumar request was delayed at the request of the applicant.
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REGULAR COUNCIL MEETING
TUESDAY, MAY 29, 1984
Page Two
INFORMAL PRESENTATION - TRIVESCO
John Uban representing Trivesco reviewed the changes that have been made in the
project since the last presentation:
1) Multiple units reduced from 160 to 144.
2) Multiples will be moved further to the west, away from the existing
residential area, with lower density in the easterly buildings - 150 foot
setback from current residential area.
3) Ponding area enlarged.
4) 2.5 unit per acre density for overall project.
5) Reduction in commercial buildings to 4, plus a probabl~ restaurant -
two-thirds of commercial used for retail and one-third office space.
No definite commitments have been made for any of the proposed commercial
area at this time.
Concerns from residents on the type of commercial zoning and uses that would be
allowed in that area. Planner Nielsen explained that the P.U.D zoning would
control the type of uses as determined by the Council in an agreement with the
developers. The uses would not necessarily follow along any of the existing
commercial zoning uses, the limitations would probably be more restrictive.
Council questioned sewer capacity and its preparation of an Environmental Assess-
ment Worksheet (E.A.W.). Mr. Uban said an E.A.W. would be requested at the
conclusion of the P.U.D. process. Engineer Mittlesteadt confirmed the sewer
capacity of the current system is more than adequate to handle this project.
Mrs. Vogel of 19795 Excelsior Blvd. wanted to know what would happen if the
existing wells went dry because of the project. Engineer Mittlesteadt assured
her that the Jordan Strait contained enough water not to even be affected by this
project. The Jordon Strait is much deeper than the strait currently being used
for residential wells in the area. Mrs. Vogel also questioned "Why the developer
wanted to put so many people' in thCit area?". Mr. Uban indicated that there is a
need for that type of housing. Bonnie Workman of Deephaven disagreed with the
proposed intersection with stop lights and with any proposed restaurant construction.
Paul Seifert of 5515 Radisson Entrance questioned a traffic study and how large of
a area would be studied. Study will extend from Highways 7 and 101 to Christmas
Lake intersections, and north and south from Vine Hill Road in Deephaven to
Highway 101 south. Stephen Larson of 20435 Radisson Inn Road questioned the
type of restaurant, parking and traffic problems. Mr. Uban indicated a high
quality, sit-down, full service restaurant with liquor license, not a "bar scene"
type. Parking space available with a restaurant with limited shared parking area
available. Mrs. Vogel wanted to know who would have control over the condo's
and commercial projects after completion. Mr. Uban stated the condo's would be
individual purchases and the commercial would probably have an "investors group".
Rascop assured the residents that regardless of the ownership, the restrictions
placed on the project by the P.U.D. would always control the area uses.
Mayor Rascop thanked the audience for their comments and informed them that the
Public Hearing on the Comprehensive Plan Amendment and Rezoning will be held at
8:30 PM on Monday, June 11, 1984. All written and public comments will be
accepted at that time.
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REGULAR COUNCIL MEETING
TUESDAY, MAY 29, 1984
Page Three
RESOLUTION NO. 29A-84
RAPID OIL CHANGE VARIANCE
Attorney James Steilon and Ed Flaherty, President of Rapid Oil, requested a
reconsideration of their variance request at the Council meeting of May 14, 1984.
The Council accepted the request and asked the City Attorney to clarify the
necessary vote needed to accept or deny a variance request. Attorney Larson
indicated that no definite law was set in reference to 3/5 or 4/5 vote ruling
and that the City would be able to defend its current requirement of a 4/5 vote.
A report was also received from Planner Nielsen on the usable area of this lot
configuration. Without variances, approximately 1000 square feet could be built
on, (e.g. a 20 X 50 foot building), and meet the setback requirement. Mr. Nielsen
felt that the lot configuration did create a "hardship" that would deem the lot
basically unusable without a variance being granted. Mr. and Mrs. Vogel had their
questions answered by Mr. Flaherty in reference to the amount of traffic flow
and ground water run-off and sanitary waste disposal answered to their satisfaction.
Gagne moved, seconded by Haugen to grant a variance to include:
1)
2)
3)
4)
5)
6)
Minimum setback of new construction at 23 feet from rear lot line and 50 foot
setback for park lot.
47 foot setback for existing building.
C.U.P. for "caretaker residence" in compliance with Ordinance No. 152.
Removal of billboard sign by June, 1990.
Added landscaping.
Signage is limited to no more than 10% of the total building silhouette
(both buildings) as viewed from the street.
Natural color tones of decorative masonry for building and approved building
configuration.
Drainage plan approved by City and MnDOT Engineers.
7)
8)
Variance granted by Roll Call Vote - 4 ayes - 1 nay (Stover).
RESOLUTION NO. 30A-84
BEER (3.2), WINE, AND LIQUOR LICENSE APPROVALS
Haugen moved, seconded by Gagne to approve and issue the following licenses
subject to verification of insurance coverage and approval of the Police Dept.:
Skipperette Off-sale (3.2)
Plaza Tom Thumb Off-sale (3.2)
Driskill's Off-sale (3.2)
Mtka. Country Club On-sale Liquor and Sunday
American Legion Club and Sunday
Phoenix Gardens On-sale Wine and Beer and Sunday
Motion carried unanimously.
RESOLUTION NO. 31A-84
AWARD TREE REMOVAL BIDS
Gagne moved, seconded by Shaw to award the Tree Removal Bids subject to verification
of insurance coverage to lowest bidder supplying insurance coverage within 10 days
or award to the next lowest bidder. Bids awarded as follows:
REGULAR COUNCIL MEETING
TUESDAY, MAY 29, 1894
Page Four
Tree Bids, continued:
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BID #
1
2
3
4
5
6.
7
8
CONTRACTOR
AMOUNT
$ 280.00
1,491.75
672.75
1,053.00
1,111.50
365.00
1.075.00
117.00
Shorewood Tree Service
Shadywood Tree Experts
Shadywood Tree Experts
Shadywood Tree Experts
Shadywood Tree Experts
Ashley Tree Service
Edward L. Moe
Shadywood Tree Experts
Motion carried unanimously.
ATTORNEY'S REPORT
Proposed Controlled Substance Ordinance
Council received the proposed Ordinance and the report from Police Chief Young
on the Ordinance. After discussion, Haugen moved to table indefinitely.
Motion carried.
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Rudolph Miller Tennis Court Request
Mr. Miller of 26710 Edgewood Road submitted a revised request to place his
tennis court 50 feet from the tarred surface of Edgewood Road. Attorney Larson
indicated that the City had no additional right-of-way and we did not own any-
thing more than the tarred surface. Council instructed the building inspector
to issue the permit in accordance with City regulations.
ADMINISTRATIVE REPORT
Clerk Kennelly reviewed the activities of the International Municipal Clerks
Conference held in San Deigo the week of May 19th, 1984. Many thanks were given
to the Council for the opportunity to attend this Conference.
MAYOR'S REPORT
Assessor Discussion
Hennepin County submitted a letter notifying us of the cost of $20,000 for
assessor fees for 1985. Shaw discussed with Manager Madigan from Excelsior the
advantages and disadvantages of obtaining an "in house" assessor. Council
instructed the Clerk to place an ad for an "in house" assessor and inform the
County of our interest in bidding out the position.
Amesbury Plowing Request
A letter was received from
snow removal and sanding.
differently than any other
McNulty Construction Co. requesting
Council indicated that they will be
roads in the City.
first priority in
treated no
DNR Lake Access
A letter was received informing the Council that the DNR is trying to obtain a
public access on Christmas Lake, this lake is high priority on their list.
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REGULAR COUNCIL MEETING
TUESDAY, MAY 29, 1984
Page Five
Mayor's Report, continued:
~ Finance Department Memo
A request from the Finance Department informing the Council of an error in the
budget of additional funds of $29,000 over what is needed to pay the Metro
Waste Commission for deferred payments was recommended to be transferred to off-
set the water fund deficit. Council felt this would not allow an accurate
accounting ot this tund.
Finance Director Beck informed the Council of the increasing nonpayment of
taxes which includes nonpayment of special assessments. She would like to
request a special audit of the special assessment funds. $2500 has been
budgeted for a bond study.
RESOLUTION NO. 32-84
Haugen moved, seconded by Stover to approve the expenditure of $2000 for this
special assessment audit, if additional funds are needed, a later request will
be needed. Motion carried.
Clarification of Benefits
Clarification of what type of benefits can be covered by CDBG - Codification of
Ordinance, for Julie Story will be reviewed with Larry Blackstad, Administrator
of CDBG Funds.
Rascop moved, seconded by Haugen to reallocate funds from the General Budget to
cover the time Story has charged against general office procedures with the
recommendation to have more time put in on the Codification procedure.
Motion carried.
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COUNCIL REPORTS
Liquor Store Request
Council approved new signage in accordance with the City Ordinance for Shorewood
Liquor Store I. Motion carried.
Rascop moved, seconded by Haugen to officially retain a Liquor Store consultant.
Motion carried.
Park Commission Report
Shaw reported on the continuing planning for the Festival of Parks. A request
from the Park Commission was made to be able to review recommendations for
Park dedication if they have been changed or altered after their review by
the Planning Commission, and to be able to review all subdivisions where park
fund fees are to be received.
Shenehon/Goodlund Division
Attorney for the Shenehon/Goodlund parties has offered additional easement
along Shady Island Road to service the City lift station. No action was taken.
Planning Commission Report
Stover reported on the 6-1 approval of the Comprehensive Plan Amendment and
rezoning to P.U.D. on the Trivesco proposal.
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REGULAR COUNCIL MEETING
TUESDAY, MAY 29, 1984
Page Six
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Council Reports, continued:
Finance Committee Report
Committee questioned whether a new census should be pursued to obtain additional
road aide monies if a population of over 5,000 can be proven and submitted to
the State by October 1, 1984. Needs Assessment Policy on road is not completed
and the October 1, 1984 deadline could not be met.
The Committee would like direction from Council. Council suggested adding mOre
members. Michael Fonte was suggested. Review Audit Report and compare 1983
Budget to 1984. Also do additional work that would not require the Finance
Director!B time.
Liquor Lease - Store II
Council reviewed the lease submitted by Ryan Cons.truction for the lease of
Store II. Attorney Larson to review and make a recommendation.
Water Policy Discussion
Council discussed the criteria for implementing a "Water Policy". Areas of
of importance will be: financing; user charges; cost of improvement; bonding
capacity; etc.
Suggested conditions for extensions to water system:
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1) New developments would be required to supply municipal water connections
or an adaptable central system where a development can support 10 or more lots.
2) Municipal system extensions for developed areas would be made where
economically feasible as petitioned by _____% (suggested percentage) of the
property owners in that area. These areas would be required to hookup and
would all be assessed for the improvement.
3) As water extension pass by existing homes to new developments, these
existing homes would be assessed for trunk lines but not assessed for
laterals until the owners want to accept the assessment or until they choose
to hookup to the system, no connections will be made without being assessed.
Council will continue to discuss further policies prior to implementation.
APPROVAL OF CLAIMS AND ADJOURNMENT
Haugen moved, seconded by Gagne, to approve claims for payment to be followed by
adjournment at 12:15 AM. Motion carried unanimously.
General Fund (Acct. #00166)
Checks 28722 - 28774 $28,327.36
Liquor Fund (Acct. #00174)
Checks 2099 - 2127
$15,791.07
Respectfully submitted,
A~k~
Mayor
Sandra L. Kennelly
City Clerk
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