051192 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, MAY 11, 1992
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
MINUTES
1. CALL TO ORDER
The meeting was called to order by Mayor Brancel at 7:02 p.m.
A PLEDGE OF AllEGIANCE
B. ROll CALL
Present:
Mayor Brancel, Councilmembers Daugherty, Gagne, Lewis, and Stover. City
Administrator Hurm, City Attorney Keane, City Engineer Dresel and City
Planner Nielsen.
Mayor Brancel acknowledged attendance of Arlene H. Bergfalk, the new Recording
Secretary.
C. REVIEW AGENDA
Planner Nielsen noted a correction to the agenda: 15.C.2. should be corrected to read:
Proposed Sewer Plan - City of Orono.
Gagne moved, Stover seconded to approve the Agenda as corrected.
The Motion passed 5/0.
2. APPROVAL OF MINUTES
Minutes of the City Council Work Session/Meeting of April 27, 1992 will be available for
approval at the Council's next meeting.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for May 11, 1992.
Stover moved, Gagne seconded to approve the Consent Agenda and to adopt the
Resolutions and Motions contained therein:
A. To Adopt RESOLUTION NO. 40-92 "A Resolution Approving Non-
Intoxicating Malt Liquor License - Vine Hill Market".
B.
To Adopt RESOLUTION NO. 41-92 "A Resolution Approving Intoxicating
Liquor License - American Legion Post #259".
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MAY 11,1992 - PAGE 2
3.
CONSENT AGENDA - CONTINUED
C. To Adopt RESOLUTION NO. 42-92 "A Resolution Approving Intoxicating
Liquor License - Minnetonka Country Club".
D. To Adopt RESOLUTION NO. 43-92 "A Resolution Filling a Vacancy on the
Planning Commission."
E. To Adopt RESOLUTION NO. 44-92 "A Resolution Regarding Council
Salaries."
F. To Accept "A Letter of Agreement between the City of Tonka Bay and
Shorewood for Provision of Sewer and Water Service to the Shorewood Public
Works Facility."
G. To Adopt RESOLUTION NO. 45-92 "A Resolution Approving a Single
Temporary Gambling License - Variety Club Association."
H. To Approve "A Commercial Certificate of Occupancy."
Applicant: Duane Markus (Technology 80)
Location: 24000 State Highway 7
I.
To Adopt RESOLUTION NO. 46-92 "A Resolution Approving a Partial
Street Vacation (Garden Road) and a Simple Subdivision Combination."
Applicant: Tom Doherty
Location: 20375 Manor Road
Motion passed 5/0.
4. PUBliC HEARING - A PROPOSED RESOLUTION APPROVING VACATION
OF DRAINAGE AND UTILITY EASEMENTS - A PROPOSED RESOLUTION
APPROVING SUBDMSION /COMBINATION
Applicant:
Location:
David Hrdlicka
5280 St. Albans Bay Road
Planner Nielsen noted that this agenda item contains two proposed resolutions. He reviewed
the details of the proposed Resolutions. He explained that in order to avoid applying for a
setback variance to accommodate an addition to his nonconforming residence at 5280 St.
Albans Bay Road, David Hrdlicka proposes to purchase additional property to the rear of
his property. In addition to a simple subdivision/combination, the proposal requires vacation
of existing drainage and utility easements in exchange for a new one along the adjusted
property line. Staff and the Planning Commission recommend approval of these proposed
resolutions and commend the applicant for a positive approach to resolution of the setback
problem.
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MAY 11,1992 - PAGE 3
Mayor Brancel opened the public hearing at 7: 15 p.m. and invited comments from the public
in attendance at the meeting.
The applicant, Mr. Hrdlicka, briefly commented on his proposal and indicated he will
provide the up-to-date title opinions for the properties involved as requested. There were
no further public comments. The public hearing was closed.
Stover moved, Gagne seconded approval of RESOLUTION NO. 47-92 "A Resolution
Approving Vacation of Drainage and Utility Easements" and RESOLUTION NO.48-92, "A
Resolution Approving Subdivision/Combination".
Motion passed 5/0.
5. PARK COMMISSION - No report at this meeting.
6. PLANNING COMMISSION
Stover briefly commented on the public hearing held regarding the subdivision proposal of
Dave Hrdlicka coming before the council tonight.
7. A PROPOSED RESOLUTION ESTABUSHING A STREET SPECIAL
ASSESSMENTS TASK FORCE
. Stover moved, Mayor Braneel seconded to approve RESOLUTION NO. 49-92 "A
Resolution Establishing a Street Special Assessments Task Force" with the amendment to
delete the reference to "24 foot" contained in line 13 of the Resolution.
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During discussion, the Council considered whether a task force was necessary in that,
ultimately the Council must make its decisions on based on input already received from
citizens as well as from the Planning Commission. This will be discussed at the May 18th
work session.
Upon voice vote, the motion FAILED 3/2. Stover and Brancel voted aye.
8.
CONSIDERATION OF A REZONING FROM R-1C TO L-R/V ARIANCES FOR
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PARKING & WT AREA
Applicant:
Location:
Upper Lake Minnetonka Yacht Club (Skip Jewett)
4580 Enchanted Point
Mr. Nielsen reviewed the Applicant's request to change its zoning from R-IC to Lakeshore
Recreational District. He noted that even with such a rezoning, a number of variances would
be required and the Planning Commission recommends denial.
Nielsen outlined the five areas of the plan which would require variances to the zoning
requirements: 1) lot area, 2) number of boat slips, 3) access street, 4) parking setback from
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MAY 11, 1992 - PAGE 4
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the lake, and 5) parking setback from the street. He indicated that the most significant
deficiency of the site is the access road serving the property. This access road is grossly
substandard relative to code requirements. A solution to this deficiency appears extremely
difficult without major reduction to the usable area of the site and prohibitive costs
associated with upgrading of the road.
Other concerns of the general site plans include parking, landscaping and drainage.
Among concerns expressed by the citizens of the neighborhood are the deficient access road
and the potential for cooking facilities in the proposed clubhouse.
In addition, it has been alleged that the knoll just south of the building may actually be an
Indian burial mound. This issue has been referred to the State Historical Society for
investigation.
Mr. Robert Hegstom, 27820 Island View Road, addressed the Council on behalf of the
Yacht Club. He pointed out that these are all issues of concern for the yacht club, and for
the entire neighborhood. However, the Applicant's wish to build' a structure and develop and
utilize their property. They are willing to work cooperatively with the City and the
neighborhood for compromises. Mr. Hegstrom asked the Council for its serious and
expeditious consideration of the request for rezoning so they may proceed with their
building construction.
. During discussion, the Council members expressed their concerns with the seriousness of the
variances and of the matter of the possibility that an Indian burial ground exists. The
Council recognized the Applicant's desire to improve its property. However, they generally
agreed that at the present time the impact of the significant variances required outweighed
any possible neighborhood and community benefits that may result if the rezoning was
approved.
Gagne moved, Stover seconded to direct staff to prepare a resolution of findings of fact
denying the Request of Rezoning from R-1C to L-R/Variances for Parking and Lot Area.
Motion for denial passed 5/0.
9. CONSIDERATION OF A C.U.P. FOR GAS PUMPS/VARIANCES FOR
NUMBER OF PARKING SPACES AND PARKING SETBACKS
Applicant:
Location:
Skipperette (James Pyle)
19215 State Highway 7
Mr. Nielsen reviewed the Applicant's request for a conditional use permit for gas pumps and
a variance to parking requirements. He noted that the Planning Commission recommends
denial of the request, however, if the Council thinks the plan has merit, he suggested that
. the application could be tabled pending a review of detailed grading and drainage plans.
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Mr. James Pyle, 19215 State Highway 7, presented his reasons for the request noting that
the addition of gas service to the facility is in response to citizen and neighborhood requests
for such service.
Following discussion, Lewis moved and Daugherty seconded that the Council TABLE action
for 45 days on the application of a C.D.P. for gas pumps/variances for number of parking
spaces and parking setbacks to allow for review of the grading and drainage plan and
determination of the Vinebill Road grading.
Motion passed 3/2. (Gagne and Stover)
10. CONSIDERATION OF THE FINAL PIAN - GIDEON COVE P.D.D.
Applicant:
Location:
Boyer Construction (Bob Boyer)
Lawtonka Drive
Mr. Nielsen reviewed the final plans submitted by Boyer Construction for the Gideon Cove
P.D.D. He noted that approvals are necessary for the 1) final plat, 2) development
agreement, 3) protective covenants, and 4) building plans for the twinhomes. He indicated
that the Planning Commission's review of the protective covenants resulted in a number of
suggestions. A final draft of the complete plan is to be presented for approval in two weeks
after which the plat may be recorded and building permits issued.
. The Council members expressed particular concern about restrictions in Appendix A: (1)
No boats over 20 feet in length and (2) No shelters or canopies over docks and
dock easements.
City Attorney Keane was requested to research the matter of dock easements and present
his findings to the Council. Mr. Bob Boyer provided input and answered questions.
Stover moved, Gagne seconded to approve the Final Plan as submitted including the
suggestions in the Planner's memorandum of May 7, 1992, with the exception of items (1)
and (2) under 3.1., and contingent on the City Attorney's report that the easement to the
docks is legal and excluding the matter of water connection reimbursement.
Motion passed 5/0.
Stover moved, Gagne seconded that the matter of water related to this Proposal be referred
for the Council's consideration at its May 18 meeting. Motion passed 5/0.
11. CONSIDERATION OF A C.D.P. FOR FILL IN EXCESS OF 100 CUBIC YARDS
Applicant:
Location:
Joseph Peters
20455 Manor Road
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Mr. Nielsen reviewed the request for a C.D.P. to allow the Applicant to bring in
approximately 500-600 cubic yards of fill to create a driveway to construct a residence at
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20455 Manor Road. He noted that the Planning Commission recommends approval subject
to the recommendations of the City Engineer and Planning Director that the driveway be
lowered and the grade changed. In addition, Applicant is required to obtain easements from
adjoining owners.
Mr. Peters agreed with and accepted the staffs recommendations for implementation.
Stover moved, Gagne seconded to direct staff to prepare a findings of fact approving a
C.U.P.or Fill in Excess of 100 Cubic Yards for Mr. Joseph Peters, 20455 Manor Road, as
modified to include the Planning Commission's recommendations.
Motion passed 5/0.
12. APPEAL "NOTICE OF REMOVAL"
Applicant:
Location:
Wilda Goggans
29690 West 62nd Street
Mr. Nielsen reviewed the current status of violations of Chapter 501 of the City Code
(Offensive and Unhealthy Substances) cited against this property. He recommended that the
Council grant no more than one additional week for compliance with the Notice of
Removal.
. Mr. Jesse Goggans described his actions to date in attempting to comply with the Notice.
Gagne moved, Lewis seconded, to grant one additional week for compliance with the Notice
to Remove.
Motion passed 4/1. Stover voted nay.
COUNCIL BREAK AT 9:08 p.m.- 9:12 p.m.
13. AN ORDINANCE FIXING THE SALARIES OF THE MAYOR AND MEMBERS
OF THE COUNCIL OF THE CITY OF SHOREWOOD (ORDINANCE NO.256)
Mayor Brancel noted that although the Council agreed two years ago to a $50 per month
increase for the Mayor and the City Councilmembers, an Ordinance was never passed and
published. The Ordinance sets the salary of the Mayor at $250 per month and the salary
of each Council member at $200 per month effective January 1, 1993.
Gagne moved, Daugherty seconded to approve ORDINANCE NO. 256 ''Fixing the Salaries
of the Mayor and Members of the Council of the City of Shorewood" as presented.
Motion passed 4/1. Stover voted nay.
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REGULAR CITY COUNCIL MINUTES
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14. MATTERS FROM THE FWOR
Robert Rudman, 5915 Galvin Lake Road, addressed the Council regarding the lack of
development of senior housing in the community.
Mayor Brancel thanked Mr. Rudman for expressing his concerns on this issue.
15. STAFF REPORTS
A Attorney's Report
Mr. Keane had no report at this meeting.
B. Engineer's Report
Mr. Dresel updated the Council on the current status of the 1992 Construction Project
Schedule.
C. Planner's Report
Mr. Nielsen reviewed Metropolitan Water Supply issues and noted that his review of the
proposed sewer plan of the City of Orono indicates there are no issues that concern or
affect the City of Shorewood.
D. Adminis.trator's Report
Mr. Hurm reported that approval of a $5,000 grant for the City of Shorewood under the
SBA Natural Resources Development Program for Community Tree Planting is expected
shortly. He also noted the meeting schedule of the Board of Review.
16. COUNCIL REPORTS
A Mayor Brancel
Mayor Brancel reported on the negotiations for the SLMPSD Contract. She asked for the
Council's input on whether the Shorewood contract length should be five years or ten years.
Councilmembers presented mixed reactions.
Mayor Brancel reviewed the request of the Excelsior Chamber of Commerce for continued
financial support for the 1992 Fourth of July celebration for the South Lake Community.
Stover suggested that when the Council develops the 1993 budget it also review the list of
contributions such as this one made by the City of Shorewood with a view to the
appropriateness of each contribution.
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REGUIAR CITY COUNCIL MINUTES
MAY 11, 1992 - PAGE 8
Daugherty moved, Gagne seconded approval of a contribution of $1,000 as budgeted to the
Exeelsior Chamber of Commeree in connection with the 1992 Fourth of July eelebration.
Motion passed 3/2. Lewis and Stover voted nay.
B. Council Reports
Stover requested staff to provide a summary of existing agreements regarding water
easements for the Council's May 18 meeting.
Gagne, Daugherty and Lewis had no reports.
17. ADJOURNMENT SUBJECT TO APPROVAL OF ClAIMS
Gagne moved, Daugherty seconded to adjourn the City Council Meeting at 9:58 p.rn.,
subject to approval of claims.
Motion passed 5/0.
RESPECTFULLY SUBMfl"I'ED,
Arlene H. Bergfalk
Northern Counties Secretarial Services
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C. HURM, CITY ADMINISTRATOR
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BARBARA J. B MAYOR
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REGUlAR CITY COUNCIL MINUTES
MAY 11,1992 - PAGE 8
Daugherty moved, Gagne seconded approval of a contribution of $1,000 as budgeted to the
Excelsior Chamber of Commerce in connection with the 1992 Fourth of July celebration.
Motion passed 3/2. Lewis and Stover voted nay.
B. Council Reports
Stover requested staff to provide a summary of existing agreements regarding water
assessments for the Council's May 18 meeting.
Gagne, Daugherty and Lewis had no reports.
17. ADJOURNMENT SUBJEcr TO APPROVAL OF ClAIMS
Gagne moved, Daugherty seconded to adjourn the City Council Meeting at 9:58 p.m.,
subject to approval of claims.
Motion passed 5/0.
RESPECTFULLY SUBMn"IED,
Arlene H. Bergfalk
Northern Counties Secretarial Services
ATTEST:
BARBARAJ. BRANCEL, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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