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042792 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 27, 1992 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 9:00 PM MINUTES 1. CALL TO ORDER The meeting was called to order by Mayor Brancel at 9:00 PM. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel and Councilmembers Daugherty, Lewis, Gagne and stover. Also present were City Administrator Hurm, City Attorney Keane, City Engineer Dresel, Planning Director Nielsen, Finance Director Rolek, and Auditor Gruen. Absent: None C. REVIEW AGENDA Mayor Brancel reviewed the agenda for the current City Council Meeting of Monday, April 27, 1992. Gagne moved, Stover seconded, to approve the current Agenda. Motion passed 5/0. D. PRESENTATION TO PLANNING COMMISSIONER JAMES SCHULTZ Mayor Brancel presented James Schultz with a plaque for seven years of dedicated service. 2 . APPROVAL OF MINUTES Mayor Brancel reviewed the minutes of the City Council Meeting of Monday, April 13, 1992. Gagne moved, Daugherty seconded, to approve the minutes of Monday, April 13, 1992, as written. Motion carried - 5/0. 3. CONSENT AGENDA RESOLUTION NO. 36-92 Mayor Brancel read the Consent Agenda for April 27, 1992. Stover moved, Gagne seconded, to withdraw item number 3A from the Consent Agenda for discussion purposes. Motion carried - 5/0. Gagne moved, Daugherty seconded, to approve the Consent Agenda with the exception of item number 3A, and to adopt the Resolutions therein: B. To adopt RESOLUTION NO. 36-92, "A Resolution Approving C.U.P. for Accessory Space in Excess of 1200 Square Feet - William Bernstein". -1- CITY OF SHOREWOOD COUNCIL MINUTES MONDAY, APRIL 27, 1992 - Page two C. . D. A motion to Approve a Revised Sign Plan - Floors Plus (Rick Johnson) - 5660 County Road 19. A motion to Approve a Revised sign Plan - Vine Hill Office Building - Glenn ~anson - 19285 State Highway 7. Motion carried - 5/0. RESOLUTION NO. 37-92 3A. A RESOLUTION APPROVING A PRELIMINARY PLAT - BOULDER RIDGE ESTATES stover asked why, in item #3., it reads "That if issues raised regarding sanitary sewer service and storm sewer service can not be resolved to the satisfaction of the City Engineer, some modification of the plan may be required" instead of "will be required"? Keane said he will change it to "shall be required". Stover moved, Lewis seconded, to adopt RESOLUTION NO. 37-02, "A Resolution Approving a preliminary Plat - Boulder Ridge Estates. Motion carried - 5/0. 4. COMMISSIONS PLANNING COMMISSION . . 1. Upper Lake Minnetonka Yacht Club - Stover said a Public Hearing was held to consider rezoning the property from R1C to L-R, and a number of variances. The Planning Commission recommended denial because the variances are too great. Also, a neighbor, Mr. Thiebault, said there is an Indian mound on-site. The Planning commission made a motion to find out if it is an Indian mound. 2. Vine Hill Market - Stover reported that a Public Hearing was held to consider putting in gas pumps. The Planning commission unanimously recommended denial due to the fact that there is a slope problem and space problems. 3. Gideon's Cove P.U.D. - The Planning commission reviewed the covenants and made some suggestions for changes. PARK COMMISSION RESOLUTION NO. 38-92 1. Consideration of width and Design of covington Road and its Effect on silverwood Park Design Hurm said at the Work Session it was reported that the width and design of Covington Road and the Silverwood Park plans do not negatively affect each other. Lewis moved, Gagne seconded, to approve RESOLUTION NO. 38-92, "A Resolution Approving Plans and specifications and ordering Advertisement for Bids for Grading and Excavation at Silverwood Park". Motion carried - 5/0. 2. -2- CITY OF SHOREWOOD COUNCIL XlNUTES MONDAY, APRIL 27, 1992 - paqe three . 3. Request of Tonka Xen's Club to Construct Duqouts at Freeman Field #3 - Hurm said he met with the Tonka Men's Club and the Little League about placing the dugouts on Freeman Field #3. He said the footings meet National Little League codes. It will be made of decorative block and have a concrete span roof. Gagne asked Dresel if he has any concerns. Dresel said he had been concerned about the roof but the problem has been solved. Gaqne moved,' Stover seconded, to accept the duqouts and to express their qratitude to the Tonka Men's Club. Motion carried - 5/0. 5. A RESOLUTION AMENDING THE CAPITAL RESOLUTION NO. 39-92 IMPROVEMENT BUDGET APPROPRIATING FONDS FOR GRADING AND EXCAVATION AT SILVERWOOD PARK Gagne moved, Lewis seconded, to approve RESOLUTION NO. 39-92, "A Resolution Amendinq the capital Improvement Budqet Appropriatinq Funds for Gradinq and Excavation at silverwood Park". Motion carried - 5-0. 6. REPORT ON WATERFORD PHASE III. ESCROW AND TRAFFIC STUDY NEEDS . Planner Nielsen said at the last Council meeting Ryan Construction presented a proposal for a revised plan for the Waterford Phase III Development. They want to build a Byerly's store with additional commercial uses built in conjunction with Byerly', and want to expand their entire commericial area of Phase III, either reducing or eliminating entirely the residential portion of the development. He said based on staff and Planning Commission recommendations, in order to review such an application basic questions have to be answered - such as the affect on traffic patterns and volumes in the S.E. Area. He said another is the affect on the T.I.F. . Nielsen said that the review of this proposal would greatly exceed the standard review fees for a Comprehensive Plan Amendment and a Planning Unit Development revision. He reviewed costs required to get through the development stage of the P.U.D. The costs range from $17,000 - 25,000. The Council had requested a cost estimate for an escrow. They also asked that a "Request for Qualifications" be sent out for a Traffic Engineer. Nielsen said an initial escrow of $12,000, plus normal zoning fees would be appropriate at this time, however, depending on the results of the T.I.F. review and the traffic study, additional escrow could be required at a later date. He said "Requests for Qualifications" were sent to Benshoof Associates, Inc.; Short Elliot Hendrickson; and Barton Aschman Associates, Inc. Responses have been received from all three. -3- . CITY OF SBOREWOOD COUNCIL XlNUTES MONDAY, APRIL 27, 1992 - paqe four Nielsen said they met with the developer today. Ryan Construction wants to proceed with a formal application. Time is important to them. They want to get going as soon as possible. Nielsen asked the Council how large an area they wish to notify for the public hearing. He said the legal notification is 500 feet from the subject site but last time the Council extended the area. Nielsen said a neighbor had also requested involving neighborhoods before the public hearing takes place. Daugherty asked what the notification wording would be. He said he thought the traffic study would have an impact on opinion. stover said she thought a lot of information was needed before the public hearing. She also thought there should be newspaper notification for city residents not being informed by mail in case they are interested in the issue and wish to attend the hearing. Nielsen suggested the developer meet with neighbors after the traffic study is done and before the public hearing for input to allow revisions in his plan. He pointed out there is a time limitation as the proposal is set to go before the Planning Commission in June. Council agreed and encouraged the developer to hold neighborhood meetings. They asked him to make a presentation at the hearing. . stover moved, Gaqne seconded, to appoint Barton Aschman Associates, Inc. to do the traffic study. Motion carried - 4 ayes - 1 nay (Lewis - he felt Benshoof had more experience in the area because they have worked on townline road). Nielsen asked the Council if they wish to review the contract before it was sent to the consultant. The Council would like to review it. Lewis moved, Dauqherty seconded, to accept Planner's recommendation for an initial escrow of $12,000. Motion carried - 5/0. 7. ANNUAL AUDIT REPORT - ABDO. ABDO & EICK Finance Director Rolek introduced Gary Groen of Abdo, Abdo & Eick. Groen said two main areas have abeen added to the report, as well as additional information. He said the two new areas are an introductory section and a statistical section showing 10 years of historical information as it relates to different revenue revenue sources, trends in revenues and expenditures. . Groen said this year the City will be submitting the audit report to the Government Finance Officers Association, on a volunteer basis. They will review it for coherence, ease of readibility, and required elements. They will then return it to the City with their comments. . . . -4- CITY OF SBORBWOOD COUNCIL MlNUTBS MONDAY, APRIL 27, 1992 - paqe five Groen reviewed the audit report with the Council. He pointed out that the City lost $66,967 thru HACA cuts. He said the Recycling Program now has its own fund which is required by Hennepin county's Recycling Grant Program. He also called attention to the fact that the Off-sale Liquor operations and the Water Fund gross profits have improved over the last two years. Groen commended the Finance Department and staff for many hours spent on the report. Council agreed. stover moved, Gaqne seconded, to approve and accept the Audit Report done By Aabdo, Abdo & Bick for 1991. Motion carried - 5/0. Daugherty asked if information could be provided g1v1ng a comparative analysis on Shorewood, based on it's size, versus some of the other cities on ratios of bond indebtedness, etc.. Groen said the tables compare with the cities of Minneapolis, Mound and Minnetonka so the information should be easy to obtain. 8. UPDATB RBPORT ON APPEAL "NOTICE TO REMOVE" - APPEL~ ALLEN MCKINNEY - 4925 RUSTIC WAY Nielsen reviewed what has been done on the McKinney property at 4925 Rustic Way. He said staff has reinspected the property on the Tuesday following the meeting (photos were taken), on Wednesday, and again today at 4: 45 PM. He said all correspondence was copied to McKinney's attorney. Nielsen said on Wednesday only the sawhorses had been removed. Today the following had been removed: sawhorses large blue tank Blue Chevrolet front end clip beer keg Old weight bench Some old barrels Much of piping and construction materials Bicycle frames - not parts Approximately 90% of the tires Small engine Nielsen said the rest is still in violation. McKinney's attorney, Tracy Eichhorn-Hicks, was present to respond. He asked to discuss things individually: Miscellaneous auto parts - he believes these are gone. Scrap sheet metal - McKinney did not recall seeing any (Nielsen showed the Attorney the pictures and pointed out the scrap sheet metal) -5- .' .. . CITY OP SBORBWOOD COUNCIL XlNUTES MONDAY, APRIL 27, 1992 - paqe six Batteries - Gagne asked if they had been removed. Nielsen said they are still on the list. McKinney's attorney said McKinney had indicated that they were gone. Appliances, pile of aluminum cans, inoperable lawn mower, and old furnace - McKinney's attorney said McKinney stated these are on City property and he did not put them there. McKinney's attorney said according to McKinney's statement there are 4 things left: Red Chev Truck - no license Red truck/trailer - no license 5 x 5 X 5' tank Large logs and fallen trees McKinney said there are no fallen trees, his father sold fire wood from that location for over 35 years so it is grandfathered in. . Nielsen said no wood is cut into fireplace lengths. You can not sell wood in a residential area, it is a nonconforming use. He also pointed out that he does not have a home occupation permit. He said when the wood was inspected some of it was so rotten it disintegrated when it was stepped on. McKinney's attorney said McKinney said the 5' x 5' x5' tank is actually a 6' x 6' X 6' storage shed. The Council questioned whether McKinney lives there. Nielsen said the police do not think he does. His attorney said he has another residence up north, but he does not know where he actually resides. stover mentioned his renter, stating it is a single family zoning district. Gagne moved, stover seconded, that MCKinney has received enough notices, the City crew is instructed to clean up both the MCKinney property and the right-of-way. The cost for the MCKinney property to be certified to the property taxes. The 5'x5'x5' tank will be stored by the city for 30 days, The truck and trailer will be towed and impounded. McKinney will be informed of location. Motion carried - 5/0. Keane said he and Nielsen have worked closely together to make sure everything is done legally. The ci ty will determine the right-of-way line. 9. MATTERS PROM THE PLOOR None 10, STAPP REPORTS . None -6- . '! " .'-~ ~ CITY OP SHOREWOOD COUNCIL MINUTES MONDAY, APRIL 27, 1992 - Page seven 11. STAPP REPORTS ~ None 12. ADJOURNMENT SUBJECT TO APPROVAL OP CLAIMS Lewis moved, Gagne seconded, to adjourn the City Council meeting at 10:36 PM. Motion carried unanimously. RESPECTPULLY SUBMITTED - PROM TELEVISION TAPE Susan A. Niccum Recording secretary . J ~.0...... J:_ .1 ,/ WA B: ARA J. . L, MAYOR ATTEST: . -7-