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090991 CC Reg Min \. . ,. If' . C1TY OF SHOREWOOD ~EGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 9. 1991 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 . M I NUT E S 1. CALL TO ORDER Mayor Brancel called the meeting to order at 7:00 P.M. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel, Councilmembers Gagne, Stover, Daugherty and Lewis, City Administrator Hurm, City Attorney Sellergren, City Engineer De La Forest, City Finance Director Rolek and City Planner Nielsen. C. REVIEW AGENDA Daugherty moved, Gagne seconded to approve the agenda with the following addition: Planner Nielsen said he will be reporting on the vacancies on the Planning Commission. . Motion carried - 5/0 2. 2. APPROVAL OF MINUTES A. City Council Meeting Minutes - August 26, 1991 Gagne moved, Stover seconded to approve the Regular City Council Minutes of August 26, 1991 with the following correction: 1. Stover added a correction on page 5 - Robert Dircks setback variance, 2nd paragraph - last word, deck should be changed to variance. Motion carried - 5/0 3. CONSENT AGENDA Stover moved, Gagne seconded to approve the following Consent Agenda: Mayor Brancel introduced Ed De La Forest of OSM, substituting for Joel Dresel and David C. Sellergren, the new City Attorney and then read the Consent Agenda. . A. Motion Approving a Request for Temporary "No Parking" Restrictions :1. .' ... . ~. REGULAR CITY COUNC I L MINUTES SEPTEMBER 9, 1991 - PAGE 2 . . . B. Motion Approving the Lake Minnetonka Cable Communication Commission 1992 Budget Proposal Adopt RESOLUTION NO. 91-91 "A Resolution Setting Public Hearing on Proposed Assessments for Water Treatment PLant for the Southeast Area". Adopt RESOLUTION NO. 92-91 "A Resolution Granting a Setback Variance to Robert and Roberta Dircks - 5351 Shady Hills Circle". Adopt RESOLUTION NO. 93-91 "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Ivan Kruger - 5135 St. Albans Bay Road". Adopt RESOLUTION NO. 94-91 "A Resolution Accepting Freeman Park Improvements Project No. 90PK-1." C. D. E. F. Motion carried - 5/0 RESOLUTION NO. 95-91 RESOLUTION NO. 96-91 4. 7:30 P.M. PUBLIC HEARING - RESOLUTION CERTIFYING ASSESSMENT OF DELINQUENT WATER, SEWER AND CLEAN-UP CHARGES AND WATER HOOK-UP FEES Brancel opened the Public Hearing at 7:30 P.M. and asked if the audience had any comments. There were no comments and the Public Hearing was closed at 7:31 P.M. Finance Director Rolek indicated that the clean-up charge is new this year and the water hook-up charge is an assessment requested by a resident. Lewis moved, Daugherty seconded to adopt RESOLUTION NO. 95-91 llA Resolution Approving Special Assessments for Municipal Water Service Connection Charge." Motion carried - 5/0 Gagne moved, Stover seconded to adopt RESOLUTION NO. 96-91 " A Resolution Directing Delinquent Sewer and Water Utility Charges and City Clean-Up Charges be Placed on the 1992 Property Tax Rolls". Motion carried - 5/0 5. GIDEON'S COVE P.U.D. - CONCEPT STAGE APPROVAL - DIRECT FINDINGS OF FACT Applicant: Location: Boyer Building Corp. Lawtonka Drive Nielsen informed the Council that Boyer Building had submitted their concept plan to the Planning Commission three times. A Public Hearing was held in July and there was neighborhood objection. The Planning Commission denied the Boyer plan that included 14 units. :~ " . . . : A REGULAR CITY COUNCIL MINUTES SEPTEMBER 9. 1991 - PAGE 3 Nielsen said Boyer has addressed a number of the concerns aired during the Public Hearing, including the density. Nielsen said he should mention that two members of the Planning Commission were concerned that sufficient notice was not sent to the neighbors. They felt the neighbors should have been notified of the change in the use of the peninsula. The two Commissioners thought a special hearing should be held to inform the neighbors of the change. Gagne said there are two distinct discussions. One discussion involving the approval of the P.U.D. and another regarding the dockage. He said there has been a history of problems with the docks on this peninsula and he wants the issue discussed independently from the P.U.D. approval. Councilmember Stover said the two docks in question have been grand fathered and have room for three boats each. If the City approves the Boyer plan, six people will have use of these docks. She said, at the current time, the docks are legally tied to the first two lots in the Lawtonka Development. She thinks there will be a great deal more density if there is a change in this dockage. Boyer said he would like to consider the dock issue at the same time as the P.U.D. Nielsen said the Council can table the issue if they want to hold a Public Hearing on the dock issue. Boyer asked why a public hearing is necessary. Gagne said people have been turned down for docks at this location because the docks were not located on contiguous property. He said it is a very volatile issue. Stover agreed with Gagne and said she would turn down the plan as presented. Nielsen said the Council can hold a public hearing on the dock issue, provided they give two weeks notice. This can be done at the Oct 1st Planning Commission meeting. He also advised the Council that they can approve the P.U.D. separately. Boyer asked the Council to approve the P.U.D. without the dock. The Council agreed to approve the P.U.D. separately and to hold the Public Hearing at a City Council meeting. Councilmember Lewis asked how many residents attended the Public Hearing at the Planning Commission meeting. Stover said there have been a number of meetings. At the last meeting the developer did not consult with the neighbors concerning the change in the plan for dockage on the peninsula. Lewis asked if the Planning Commission approved the dock plan as presented this evening. Stover said yes. Boyer explained the concept stage process which Boyer Building presented to the Planning Commission. He said the original concept plan was denied because the density was too high at 3.8 units per acre, the driveways were too short - . . ~ . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1991 - PAGE 4 . and there was concern about the use of the peninsula. He said traffic was a concern but it was thought that could be managed. The second plan incorporated 3.3 units per acre and the driveways were lengthened. The area neighbors objected to this plan because of the visual impact and the traffic problem. At that time the plan called for the peninsula to be owned by two of the units. The current plan has 12 units and brings the density to 2.8 units per acre. The buildings are spread out with 30 ft. between the homes. Boyer said this should decrease the traffic. The peninsula will be owned by an association and maintained by them. There will be room for 6 boats on the peninsula. This will not increase the current dockage. Boyer said the original plat was to have 6 single family homes. He said the sale of this type of home is very sluggish at this time. Boyer Building will build twinhomes or villa types homes to appeal to 55 and older buyer. He also informed the Council that the surrounding area is zoned R-2. . Stover said the area was originally zoned R-1A and was then rezoned R-1C for the Boyers to build single family homes. She said the neighbors have slowly seen an increase in the density of the area. She said it should be noted in the plans that the walking path is really a Railroad Right of Way owned by Hennepin County. Stover said the project has been marketed to the elderly, 55 or older. However, the builder has no control of the age of the purchaser. Boyer said they are not marketing this project as an elderly project even though 55 and older can be considered elderly. He said they cannot discriminate but their marketing approach will be toward the 55 and older market. He said covenants can be written so that the homes will not be attractive to young families. Stover said Boyer is making too many assumptions about the elderly, that they have no children, less traffic, etc. She also said the housing will not be affordable according to the Elderly Housing Task Force. Stover said if each house made eight trips a day and there are twelve houses, the traffic will increase greatly on Timber Lane which is a substandard road. . Lewis asked if the density calculation included the R.O.W. Nielsen said the previous plan included outlot C which bordered Timber Lane. However, the current plan does not count R.O.W. area but does include the peninsula in the density calculation. Lewis asked if the plan fit in the Comprehensive Plan. Nielsen said it did. He asked if the setback from the road is adequate. Boyer said the houses are 30 ft. Lewis asked about water hookup. Nielsen said City water is on the south side of HwY. 19. 4 ~ . ' REGULAR CITY COUNC I L MI NUTES SEPTEMBER 9, 1991 - PAGE 5 . Boyer said they will run water to the project. Gagne said he is liaison to the Senior Housing Task Force and this project is a type of housing they considered. He asked the price of these townhomes. Boyer said the mid $200,000 range, it could be higher. Stover said each townhome will have one bedroom and an unfinished lower level. If the lower level is finished, the homes will be higher priced. Lewis asked Boyer's plan for lot 6. Boyer said the lot is owned by Mr. Shafer. Mr. Shafer said he has no plans to sell the lot. Nielsen said the lot should be rezoned to R-2A, if Gideon's Cove is approved. Gagne moved, Lewis seconded to accept the Concept Stage Plan and approve the preparation of Findings of Fact. excluding the plan for the docks on the peninsula. subject to the recommendations of the Planner in his June 27. 1991 report. Motion carried - 4/1 (Stover) . DAN PUZAK - 23830 SMITHTOWN ROAD said the neighbors attended the first Public Hearing on this plan. They did not attend the last Planning Commission meeting because they thought all the problems had been discussed. He said they would have come if they had known there was a change in the usage of the peninsula docks. He said the neighbors have seen the lot size decrease from 40,000 sq. ft. to 20,000 sq. ft. He said the plan is unpopular and he would like the Council to deny the P.U.D. until all the issues are resolved. Brancel said the Council has approved a Concept Stage Plan, not a final plat and the dock issue will have a separate Public Hearing. Puzak said it will be difficult to change the density once it has been approved. He objects to the inclusion of the peninsula in the density calculation. STEVE HASKINS - 5455 TIMBER LANE said he represents five neighbors. He said they were at the Public Hearing and objected to the density of the project. He has no objection to single family housing. He said Timber Lane cannot handle the increased traffic with this project. JOHN BLUMENTRITT - BOYER BUILDING said he lives on Timber Lane and has not experienced a traffic problem and does not think that additional traffic from the Gideon's Cove project will create a traffic problem. He said Mr. Puzak does not want this project to proceed, however, this area is in District No.7 and is approved for multiple housing. . Stover said the peninsula should not be part of the square footage if no dockage is approved. I.... .:J ~ ~ ~ .. REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1991 - PAGE 6 Blumentritt said the peninsula is legally tied to lots one and two of the Gideon's Cove project. Brancel asked who will get the docks at the present time. Nielsen said the first two units will get the docks. City Attorney Sellergren said the City Code requires submittal of a preliminary plat and this should show who retains the docks. He said the docks can stay in the project and can be distributed any way the City chooses. Stover asked if the peninsula can be used in other ways, such as a park. Nielsen said the docks are grandfathered but the use of the peninsula would be limited by the P.U.D. approval. Brancel directed the staff to notify residents of a Public Hearing on the docks on the peninsula in the proposed Gideon's Cove development. The hearing will be held September 30, 1991 at 7:00 P.M. RESOLUTION NO. 97-91 6. RESOLUTION APPROVING PRELIMINARY PLAT - NEITGE ADDITION Applicant: Location: Jim and Barb Neitge 25985 Smithtown Rd. Stover moved, Gagne seconded to adopt RESOLUTION NO. 97-91 "A Resolution Granting Preliminary Plat Approval for the Neitge Addition. II Motion carried - 5/0 ORDINANCE NO. 243 7. ZONING ORDINANCE AMENDMENT - ELDERLY HOUSING Nielsen said the Planning Commission approved the Amendment as written. He said the City Attorney added additional language to the amendment as follows: (2) Occupancy of each dwelling unit shall be limited to no more than two (2) adults, sixty-two (62) years of age or older. Occupancy of dwellings which qualify as "housing for older persons" under the Federal Fair Housing Act shall be limited to two (2) adults, fifty-five (55) years of age or older. The occupancy limitations shall be memorialized in restrictive covenants approved by the City and filed with the Hennepin County Recorder. There will also be statutory reference when the Federal Fair Housing Act is mentioned. Gagne said this amendment allows Elderly Housing throughout the City, by C.U.P. Councilmember Daugherty asked Nielsen to clarify the difference between the 55 and 62 year restrictions. 6 .... REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1991 - PAGE 7 . Nielsen said. if certain services are provided. housing can be restricted to ages 55 and older otherwise the age limit is 62 years. Stover moved, Gagne seconded to adopt ORDINANCE NO. 243 "An Ordinance Amending 1201 of the Shorewood City Code Relating to Zoning Regulations. II Motion carried - 5/0 8. REPORT AND RESOLUTION ON BIDS FOR PINE BEND WATERMAIN EXTENSION CITY PROJECT 91-11 Ed De La Forest of OSM explained to the Council the difference between the feasibility study and the final bid on the Pine Bend Watermain project. The final bid was $36.000 higher than the Feasibility Study and the cost to the City to reconstruct the street will be $75,000. De La Forest said the assessment per parcel will increase by $1000. He said Joel Dresel did discuss the difference in the cost with the neighbors. . BILL KEELER - 27420 PINE BEND said he talked to neighbors and the same number of people are still interested in the project. He said he talked to Dresel and Dresel did not think the cost of this project would decrease in the spring. JERRY BRECKE - 27450 PINE BEND said he also Brecke said he is in favor of the project. Zdrazil, Superintendent of Public Works and the new road will be superior to the old. represents Mark Graham. He talked to Don Zdrazil confirmed that PHIL BORTSCHELLER - 27410 PINE BEND said he does not need the City water hook-up but he does approve of the project. He said Dresel told him the construction can start in two weeks. He asked De La Forest if there will be enough time to complete the project before winter. De La Forest said it can be done. Bortscheller asked the Council if there has been a change in the City water hook-up assessment policy. He asked if a resident has to hook-up to the water within a certain time. Brancel and City Administrator Hurm said there has been no change in policy, a resident is not required to hook-up and there is no time I imi t . Gagne asked the total number of residents to be assessed. De La Forest said 11 residents will be assessed. Gagne asked Rolek if there is $8000 in the water fund. Rolek said there is money in the water fund. However, the $67,600 will come from the General Fund. . Lewis asked if the "soft costs" in the project will increase with the final bid price. "7 . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1991 - PAGE 8 De La Forest said the design costs are a percentage of the total construction cost. However. the are some reimbursable costs written into the contract. Daugherty asked why the street costs have increased. Rolek said the costs of reconstruction of the street has increased. Hurm said there is money in the General Fund for repair of streets. Daugherty said he wanted to be sure money will not be taken from other projects. Gagne moved. Daugherty seconded to adopt RESOLUTION NO. 98-91 IIA Resolution Accepting Bid and Awarding Contract for Pine Bend Watermain Extension City Project 91-11. I. Motion carried - 5/0. BREAK - 9:00 - 9:05 9. RESOLUTION SETTING SALE FOR $950,000 G.O. IMPROVEMENT BONDS. SERIES 1991A. ROBERT PLAISTED - SPRINGSTED, INC. informed the Council that his company will be receiving bids on the sale of $950,000 GO. Improve ment bonds at 7:00 P.M. on October 15, 1991. He said there are two parts to the bond issue. 1. $635,835 will fund three City projects. A. The S.E. Area Water Treatment project. B. The Church Road project. C. The Pine Bend project. 2. The remainder of the issue will refinance an earlier bond issue. The City will payoff $400,000 and refinance $265,000. Plaisted said the interest rate on this issue should be about 6.18%. Plaisted said the underwriter's project is $11.00 per bond. However. this can be adjusted on October 15th when the final bid is received. Gagne moved, Stover seconded to adopt RESOLUTION NO. 99-91 IIA Resolution Providing for the Issuance and Sale of $950,000 General Obligation Improvement Bonds, Series 1991A.1I Motion carried - 5/0 on a roll call vote. 10. ADDENDUM TO RECYCLING CONTRACT WITH KNUTSON SERVICES INC. REGARDING MAGAZINE AND CATALOG COLLECTION AND EXTENDING CONTRACT ONE YEAR f.:1 _I . . . , REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1991 - PAGE 9 Hurm said Knutson Services Inc. will collect magazines and catalogs from residents. However, they want a one year extension of their contract. Lewis moved, Stover seconded to approve an extension of the recycling contract with Knutson Services Inc. for one year. Motion carried - 5/0 Gagne said he would like to see the City mail a calendar of holiday recycling pick-ups to each resident. 11. COMMISSION REPORTS: A. Planning Commission 1. Planning Commission Vacancies. Stover said one Planning Commission member, Dave Pitney has moved and one member, Dick Spellman will be moving. This leaves two vacancies on the Planning Commission. These positions should be filled from the S. E. Area and from the islands. She said the City will advertise in the newspaper. Nielsen said an inquiry has been made from the islands. 2. Recommendation on Establishment Senior Housing Committee - Refer to Planning Commission Minutes under separate cover. Stover said the Planning Commission has recommended the Council approve the implementation of a Senior Housing Committee to follow up on the Senior Housing Study. Gagne said it is a good idea to have this committee. Hurm is the staff should draft an Ordinance before the City asks for participants in the committee. Brancel asked the staff to prepare an Ordinance establishing a Senior Housing Task Force. B. Park Commission Steve Dzurak presented the Park Commission report. He said the Park Commission revised the snowmobile Ordinance at it's August 27th meeting and will forward recommendations in Sept. to the Council. They will be asking the snowmobile club to help enforce the Ordinance. He said the Commission has established a schedule of user fees for the parks. They are also preparing for the meeting with area businesses to discuss the Park Capital Improvement Plan. 9 , . . . . ~ REGULAR CITY COUNCIL MINUTES SEPTEMBER 9. 1991 - PAGE 10 Hurm said a video of Shorewood parks is available. 12. MATTERS FROM THE FLOOR. There were no matters from the floor. 13. STAFF REPORTS: A. ATTORNEY'S REPORT Sellergren said he had no report. He said the City staff has been very cooperative and he will receive a tour of the City on Thursday. B. ENGINEER'S REPORT 1. Grading Contract Public Works facility Hurm said the grading contract has been awarded and the pre-construction conference is scheduled for Wednesday. C. PLANNING DIRECTOR'S REPORT The Planner had no report. D. ADMINISTRATOR'S REPORT 1 . Yardwaste Collection Hurm said the City can receive $2800 to collect yardwaste this fall. He said most City haulers were not interested in collecting and some already collect for their clients. R & W Roll-Off will provide roll-off containers at a drop off site. Hurm said this will only be done on one or two Saturdays. The Council discussed whether they wanted to provide another drop-off site for waste. Daugherty and Gagne said this can get out of control. Stover and Lewis said the collection should be done until the $2800 is depleted. 2. Resident Letter Requesting Signage in the Covingtonl Vine Ridge Area Hurm suggested this be taken up at the next Council meeting. 3. Other He said Tuesday, September 24, 1991 there will be discussion with area businesses of the Park Capital Improvement Plan. 1() . . .' REGULAR CITY COUNCIL MINUTES SEPTEMBER 9. 1991 - PAGE 11 14. COUNCIL REPORTS. A. MAYOR BRANCEL 1. Report on Prosecuting Attorney Selection Committee Brancel said the South Lake Mayors and City Administrators are on the Prosecuting Attorney Selection Committee. 2. Draft Contract - City Attorney David C. Sellergren Daugherty moved. Lewis seconded to authorize the execution of an agreement with Larkin. Hoffman, Daly & Lindgren. Ltd. for legal services. Motion carried - 5/0 B. COUNCILMEMBER GAGNE Gagne said the walking path is completed to Victoria. He asked that the Council Chamber light be fixed. C. COUNCILMEMBER STOVER Stover said she received a letter from the Deephaven Mayor concerning the division of costs by the Excelsior Fire Department. Lewis said the letter may merit looking into. Brancel said the Council can discuss it at the next meeting. D. COUNCILMEMBER LEWIS 1. Update on meeting of Old Market Road Task Force Lewis said the Task Force had a meeting but no consensus was reached. He will notify the Council when there is a recommendation. E. COUNCILMEMBER DAUGHERTY Daugherty said he welcomes letters or telephone calls from residents. 15. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS Gagne moved, Stover seconded to adjourn the meeting at 9:47 P.M. Motion carried - 5/0 . GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 11 k (' " , " REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1991 - PAGE 12 . Checks issued since August 26, 1991 Check No. 7424/7463 LIQUOR $ 35,372.12 TOTAL CHECKS ISSUED Checks for Council approval Checks No. 7464-7504 CHECK REGISTER FOR AUGUST 27, 1991 PAYROLL Checks no. 205411/205445 LIQUOR . $3,259.22 100:, RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary CI C. HURM . 1 r;> ..- GENERAL $ 62,880.85 $ 98,252.97 TOTAL CHECKS FOR APPROVAL $ 45,373.87 TOTAL CHECK APPROVAL LIST $143,626.84 GENERAL $15,670.98 TOTAL CHECKS ISSUED $18,930.20