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051391 CC Reg Min r . . . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MAY 13. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Mayor Brancel called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Brancel. Councilmembers Gagne. Stover. Daugherty and Lewis. City Administrator Hurm. City Attorney Froberg. City Engineer Dresel. City Planner Nielsen and City Finance Director Rolek. REVIEW AGENDA Stover moved. Daugherty seconded. to approve the agenda with the following corrections: 1 . 2. Engineer Dresel asked that item 14 be deleted. Mayor Brancel asked that item 8 be deleted. Motion carried - 5/0. APPROVAL OF MINUTES A. Special City Council Meeting - March 4. 1991 Gagne moved. Stover seconded. to approve the Special City Council Minutes of March 4. 1991 with the following corrections: 1. The last paragraph should include "and to authorize the Mayor and City Clerk to sign the contract on behalf of the Council." 2. The adjournment was moved by Gagne and seconded. by Brancel to adjourn the meeting at 9:15 P.M. Motion carried - 5/0 B. Regular City Council Meeting - April 22. 1991 Gagne moved. Daugherty seconded. to approve the Regular City Council Minutes of April 22. 1991 with the following corrections: 1 . Pg. 9. 2nd to last paragraph. Dresel asked that the paragraph be changed to reflect the following: The preliminary plan proposed three stop signs at the Old Market Road/Frontage Road intersection. After input from the Task Force and Council there will be a stop sign for traffic entering from HWY. 7. 1 r . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MAY 13, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 2. Councilmember Lewis asked that last paragraph in REQUEST FOR FUNDING POLICE SERVICE be changed to say that "EXCELSIOR will have to handle their own financial crisis.1I Motion carried - 5/0. CONSENT AGENDA RESOLUTION NO. 44 "... - '1 \ 44A-e{l Stover moved, Lewis seconded, to adopt RESOLUTION NO. IIA Resolution Approving the Election of James C. Hurm to be Excluded From the Public Employees Retirement Association. II Motion carried - 5/0 PARK COMMISSION Lewis said there was no Park Commission meeting. PLANNING COMMISSION Councilmember Stover said the Almquist/Askins and Gideons Cove agenda items are recommendations from the Planning Commission meeting. REQUEST SANITARY PUMP-OUT - HOWARD'S POINT MARINA JERRY BRECKE - 27450 PINE BEND Brecke said he is a Board Member of Howard's Point Marina. He said the LMCD asked Howard's Point to provide a sanitary pump-out at their facility. Brecke said he didn't think it necessary to send this request through the Planning Commission. Howard's Point will provide this pump-out as a service to the lake area. Planner Nielsen said Howard's Point requested this pump-out in 1985 and was told they must apply for a variance to the nonconforming use provisions of the zoning ordinance, or apply for a rezoning to Lakeshore Recreational District. They have not applied for either. Nielsen recommended they make their request through the Planning Commssion. Stover and Brancel agreed. Councilmember Gagne said the Marina must replace it's gas tanks and he recommended granting a one year permit for the pump-out contingent upon the replacement of the gas tanks. Brecke said the Marina will not pursue a variance and will drop the pump idea. Brancel said a permit could be granted if the Marina agrees to apply for rezoning. Nielsen said the Marina does not want to spend the money to bring the operation into compliance. ~~ . . . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MAY 13, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 Councilmember Daugherty asked what the structure will look like. Brecke said it is a small structure 2 x 3 1/2 ft. high and 1 to 2 ft. wide. and it will pump directly into the septic system. Brancel said the Council has been advised that the variance will need a public hearing. Stover moved, Lewis seconded, to direct Howard's Point Marina to apply for a variance for a pump-out station to the Planning Commission and return for Council consideration at the second meeting in June. Motion carried - 3/2 (Daugherty and Gagne) Daugherty said the pump-out and gas tanks are two separate issues and that the LMCD asked Howard's Point to install the pump-out. He said the request should be expedited but he does not want to circumvent the Planning Commission. Stover said there are many places to pump-out on the lake. Brecke said this will be the only one on the upper lake. He also asked what the fee will be to apply to the Planning Commission. Nielsen said it will be $125.00. REQUEST FOR WAIVER OF "NO PARKING" RESTRICTIONS - CHRISTMAS LAKE ROAD Diane Bruce appeared at the Council meeting and requested a waiver of the "No Parking" restriction on Christmas Lake Road north of 5885 Christmas Lake Road for 1000 Ft. during the Parade of Homes Sept. 8 to Sept. 22 from 1:00 P.M. to 6:00 P.M. on weekends and 3:00 to 8:00 P.M. on weekdays. Nielsen said this same request was granted last year for one side of the road and there was no problem. Stover moved, Gagne seconded, to approve lifting the "No Parking" restriction on Christmas Lake Road north of 5885 Christmas Lake Road for 1000 ft. during the Parade of Homes, Sept. 8 to Sept. 22 from 1:00 P.M. to 6:00 P.M. on weekends and 3:00 to 8:00 P.M. on weekdays. Motion carried - 4/1 (abstain) HOUSE MOVING PERMIT Applicant: Location: Kevin and Gerri Kuester 5885 Christmas Lake Road Dresel said he met with the house moving company and the weight estimates are acceptable. Stover said the Planning Commission approved the permit. Stover moved, Lewis seconded, to approve the house moving permit for Kevin and Gerri.Kuester, 5885 Christmas Lake Road. Motion carried - 5/0. M:~ , . . . . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MAY 13. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 Nielsen said the Planning Commission suggested they move the house at night. If the moving company does this, they will need the permission of any homeowner whose property they park on. SIMPLE SUBDIVISION/COMBINATION AND LOT WIDTH VARIANCE Applicant: Location: Paul Almquist and John Askins 19355 and 19385 Shady Hills Road Nielsen said the Park Commission has not seen this proposal. Stover said the Planning Commission has approved this proposal. Lewis moved. Gagne seconded. to direct the City Attorney to prepare findings of fact approving Subdivision and Combination of Real Property and lot width variance and send the proposal to the Park Commission for their recommendations." Motion carried - 5/0. INFORMAL DISCUSSION - PROPOSED P.U.D. - GIDEON'S COVE Stover said the Planning Commission had a lot of discussion regarding this proposal. One of the commission members wanted the Boyers to continue with the current plan. The Commission agreed that a P.U.D. would be acceptable but they thought the density was too high. They thought that the target group of 55 and older was not really "elderly housing". There was also concern about the short driveways entering onto Lawtonka. BOB BOYER - REPRESENTING JOE BOYER CONSTRUCTION Boyer said the original development plan was to build single family, detached, upper bracket homes on the property. He said the demand is not there for this type of home now and there has been an increased demand for housing for citizens 55 and older. He said right now this age group is leaving the area and the state. These residents want housing that is maintenance free. secure and they want to remain part of a neighborhood. Boyer said their company thinks this property would be ideal for this type of housing. Gagne said there have been questions about the parking available on Lawtonka. Boyer said they used this design for the houses because they wanted to avoid destroying the trees along the Hiking Path. Nielsen said the housing density of the project has been lowered since the Planning Commission hearing in March but there are still issues that need to be addressed. He said Boyer has used R.O.W. property to calculate density and that will have to be deleted. 4 . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MAY 13. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 Stover asked Boyer if he has talked to the neighbors about this project. Boyer said he was waiting for input from the Council. Gagne, Brancel and Lewis said the density is a problem and he should talk to the neighbors. Nielsen said there are other problems with the density, such as crowding and traffic problems. There will be a traffic problem even if the density is less. He said Timber Lane is a substandard road. Brancel told Boyer to talk with the neighbors, consider lowering the density and lengthen the driveways. APPEAL NOTICE TO REMOVE Applicant: Location: Jack Dennis 5665 Echo Road Gagne moved. Stover seconded. to approve a thirty (30) day extension for a Notice to Remove for Jack Dennis. Motion carried - 5/0. RECEIVE BIDS - S. E. AREA WATER TREATMENT PLANT Finance Director Rolek explained to the Council that the assessment, per parcel, for the S. E. Area Water Treatment Facility will be $1600 not the $1330 previously stated. The Shady Hills area was previously included in the feasibility study. However, they were not included in the mailings for the public hearing and they are not served by the southeast area water system. Therefore, the parcels to be assessed are 414 not the 500 previously stated. Gagne asked how will the City will charge the Shady Hills residents when they do hook-up. Stover said the various water systems in the City each pay differently. Lewis said the original developer should have paid for the treatment plant. He said the Council needs to decide if Shady Hills is part of the system. Gagne said Shorewood does have a water system and it will spread. Rolek said another assessment hearing must beheld for Shady Hills. Nielsen and Dresel said Trivesco will run a pipe to the Shady Hills area. He also said Shady Hills could be charged a hook-up charge when Shorewood requires them to hook-up or defer a portion of the assessment to account for new users. Daugherty said it makes sense to assess Shady Hills if they are to be part of the system. Lewis asked Nielsen if the current well has the capacity to handle the addition of the Shady Hills area. Nielsen said it can handle the entire eastern section of town. Administrator Hurm said the staff can have new numbers for the Council at the next meeting. 5 . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MAY 13, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 Lewis moved, Gagne seconded, to restructure the S. E. Area Water Treatment assessments to include a hook-up charge for future residents. Motion carried - 5/0. Lewis asked Attorney Froberg if a hook-up charge is proper. He said a public hearing does not have to be held to establish a hook-up charge. Froberg said the City must have a reasonable basis for the charge and justify the cost. MIKE BUECHLIN - 23120 SUMMIT He said that the assessment for water can be prorated. FINAL PLAT/FINAL PLAN/P.U.D. AGREEMENT - WATERFORD PHASE III Froberg reviewed a draft of the Final Plat/Plan and P.U.D. Agreement for the Waterford Phase III. Lewis asked what action needed to be taken. Froberg said he was updating the Council on the latest developments. He explained the changes in the Planned Unit Development Agreement and the Declaration of Covenants, Conditions, Restrictions and Easements for Waterford Townhomes. Froberg said the Sewer Equalization charge was computed based on the current code. This amounts to $1422.55 for this stage of the project. BREAK - 8:55 TO 9:05 Lewis said he needed time to read and understand the Declaration of Covenants and Conditions. He said the Traffic Task Force should also look at the document. He asked Froberg to highlight the differences between this agreement and the 1985 agreement. Froberg said the 1985 agreement is a general development agreement for the entire Waterford project,whereas this agreement is a Planned Unit Development Agreement specifically for the third phase of the project. JOHN ASKINS - 19385 SHADY HILLS ROAD Askins asked who is on the Traffic Task Force and how he can get on it. Lewis said a list was provided to the Staff. Gagne and Stover said they would like to see the list. Stover said the Council should approve any appointments to committees. RIGHT-OF-WAY PERMIT Applicant: Location: Michael Buechlin 23120 Summit Ave. 6 . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MAY 13. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 Buechlin appeared and requested permission to install an inground sprinkling system within the City R.O.W. Brancel said the City had a similar problem with a system in Near Mountain. She said when the City had to repair a watermain they cut the sprinkling system. Dresel said he would not recommend having too many other utilities within a R.O.W. He said there can be problems locating them when repairs have to be made. Nielsen said allowing this permit will set a precedent. Buechlin said he is willing to sign an agreement not to hold the City responsible. He also stated that the sprinkler system was already inadvertently installed by the builder and would have to be removed. Stover said there has been a lot of discussion on the private use of R.O.W. and the Council will have to either amend the Ordinance or say no. She also said the Public Works Department is against the use of the R.O.W. Stover moved. Gagne seconded. to deny the request for use of the City R.O.W. to Michael M. & Mary R. Buechlin. Motion carried - 4/1 (Lewis) PROPOSED ORD I NANCE - ORD I NANCE NO. ;2 37 ESTABLISHING UTILITY CHARGE FOR SPRING CLEANUP Nielsen said the costs of the cleanup could exceed the $10.00 per household charge. He reviewed the proposed Ordinance and included the following changes: 1. Household rubbish is included in the curbside pickup. 2. The fee will not exceed $10.00 per household. 3. The date of the pickup will be determined each year. Nielsen said the pickup can be done in one weekend. Gagne moved. rt.over seconded. to wave the second reading and adopt ORDINANCE NO? "An Ordinance Amending Chapter 507 of the Shorewood City Code Relating to Refuse Collection and Disposal. II Motion carried - 5/0 SUPPORT HENNEPIN COUNTY PARK BOARD ELECTIONS RESOLUTION NO.+5-~' +;-1 , Lewis moved. Gagne seconded, to adopt RESOLUTION NO. "A Resolution Supporting Suburban Hennepin Parks Legislation. II Motion carried - 5/0 on a roll call vote. . MATTERS FROM THE FLOOR. "i I . . . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MAY 13. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 Bob Rascop, LMCD representative, told the Council that Greenwood is suing the DNR to prevent dredging of the lake for Shorewood resident's docks on St. Alban's Bay. The docks are unusable at the current lake level. He said he will vote against the dredging because it means destroying wetlands. He said the LMCD does not approve of the dredging. Rascop had no other information for the Council. Michael Buechlin returned and asked the Council if there was any other way to amend the City Ordinance on R.O.W., such as a C.U.P. Nielsen said a C.U.P. does not extend to the R.O.W. Brancel said any amendment would set a precedent and open up many problems. Daugherty asked if a temporary permit could be issued, it will be expensive for Mr. Buechlin to remove the sprinkler system. Buechlin said this will encourage slight of hand installation of these systems because there is no provision for below grade sprinkler systems. Lewis said Buechlin is being singled out. Nielsen said many people have asked for the systems and changed their plans to accommodate the Ordinance. STAFF REPORTS: A. ATTORNEY'S REPORT 1. Regarding Resolution No. 42-91 Approving Preliminary Plat - of Johnson's First Addition Froberg stated that a problem could arise by requlrlng that Trivesco be the Architectural Review Committee for approving plans for Johnson's First Addition. He stated that although the City can require approval by the City, it can not delegate the authority to approve Johnson's plans to another developer, such as Trivesco. He said Nielsen's original memo stated that Johnson's Declaration of restrictions and covenants should be "similar", not the "same"as Waterford's, which specify Trivesco as the Archtectural Review Committee. Stover asked how the City can accomplish what the Planning Commission intended. Nielsen said the issue is the makeup of the Architectural Review Committee. Lewis moved. Gagne seconded. to table the matter and get recommendations from the Waterford neighbors about the makeup of the Architectural Review Committee for the next City Council meeting. Motion carried- 5/0. B. ENGINEER'S REPORT No report. C. PLANNING DIRECTOR'S REPORT 8 . , .. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MAY 13, 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 . Nielsen reported that the Spring Cleanup curbside pickup would be the first weekend in June. He said the soil borings have been done at the new Public Works site. A schedule will be set up for completion of the salt shed. D. ADMINISTRATOR'S REPORT No report. COUNCIL REPORTS. A. MAYOR BRANCEL No report. B. COUNCILMEMBER GAGNE No report. C. COUNCILMEMBER STOVER No report. D. COUNCILMEMBER LEWIS . No report. E. COUNCILMEMBER DAUGHERTY No report. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Daugherty moved. Gagne seconded. to adjourn the meeting at 10:40 P.M. Motion carried - 5/0. GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 Checks issued since April 18, 1991 Check No. 6631-6699 LIQUOR $ 43,922.44 TOTAL CHECKS ISSUED . Checks for Council approval GENERAL $ 56,1148.28 $100,070.72 Checks No. 6700-6760 TOTAL CHECKS FOR APPROVAL 9 , , ~ . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. MAY 13. 1991 CHECK REGISTER FOR APRIL 23. 1991 PAYROLL Checks no. 205069/205101 LIQUOR $3.123.94 CHECK REGISTER FOR MAY 7. 1991 PAYROLL Checks No. 205102/205143 LIQUOR $3.034.49 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary 10 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 $ 68,711.29 TOTAL CHECK APPROVAL LIST $168.782.01 GENERAL $10,805.02 TOTAL CHECKS ISSUED $13,928.96 GENERAL $13.190.70 TOTAL CHECKS ISSUED $16.225.19