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052692 CC Reg Min ,. .. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING TUESDAY, MAY 26, 1992 7:30 P.M. COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 . MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:50 p.m. PlEDGE OF AlLEGIANCE A ROIL CALL Present: Mayor Brancel and Councilmembers Daugherty, Gagne, Lewis and Stover. Also present were Administrator Hurm, Attorney Keane, Finance Director Rolek, Planner Nielsen and Ronald Bray representing Engineer Dresel. Absent: None. B. REVIEW AGENDA Mr. Hurm noted the removal of Item 2.A. and a correction to item 2.C. Board of Review . meeting minutes should be dated May .u, 1992. Gagne moved, Daugherty seconded to approve the current Agenda as corrected Motion passed 5/0. 2. APPROVAL OF MINUTES Stover noted a correction to the Council's May 11, 1992 meeting minutes: On page 8, B., line 2, change the word "easements" to "assessments." Gagne moved, Stover seconded to approve the City Council Minutes of May 11, 1992, as corrected, and of the Board of Review meeting Minutes of May 13, 1992. Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda. Lewis moved, Daugherty seconded to approve the Consent Agenda and to adopt the Resolutions and Motions contained therein: . A To Approve a Contract for Recording Secretary 3 . . . . REGULAR CITY COUNCIL MINUTES MAY 26,1992 - PAGE 4 B. To Approve a Temporary Sign Permit Applicant: Shorewood Finamart Location: 24365 Smith town Road C. To Adopt RESOLUTION NO. 49-22, "Accepting Findings of Fact - Approving a C.U.P. - Joseph Peters-20455 Manor Road." E. To Adopt a RESOLUTION NO. 50-92~ "Approving Plans and Specifications and Ordering Advertisements for Bids for Uft Station Modifications to Uft Station No.7 and 11 and Appurtenant Works." Motion passed 4/1. Stover voted nay. 4. PARK - Report on May 19 meeting A Update on Park Plans Mr. Hurm reported that the Park Commission met on May 12 and 19, 1992. It continues to review the park capital improvement plans in preparation for the park referendum. Mr. Hurm presented optional plans being considered for Cathcart Park which is, located in the City of Chanhassen. The Commission recommends that the Park not be split and that it remain at its present location. The Commission is considering plans for reconfiguration of the recreation facilities. A parking lot within the Park is also being considered. Gagne moved, Stover seconded to approve not splitting the Park by W. 62nd street. Motion passed 5/0. 5. PI.ANNING - Report on May 19 meeting. Stover reported on the Planning Commission's meeting of May 19, 1992. The Commission continues to review the Transportation Policies of the Comprehensive Plan and the Community Facilities policies. She noted that a public hearing will be conducted at the Minnewashta School at 7 p.m., Tuesday, June 2, 1992 on the Waterford III proposal. 6. RESOLUTION ADOPTING FINDINGS OF FACT DENYING A REZONING FROM R-IC TO lrR AND VARIANCES - UPPER LAKE MINNETONKA YACHT CLUB ~ \l This resolution was directed by the Council's action at its May 18: meeting to deny a rezoning request from the Upper Lake Minnetonka Yacht Club (ULMYC). Mr. Robert Hegstrom, 27820 Island View Road, representing the ULMYC, requested that the Council table its action for 60 days on the findings of fact to deny the rezoning request. 4 . . . y REGULAR CITY COUNCIL MINUTES MAY 26,1992 - PAGE 5 He stated this would allow ULMYC to adequately review the findings of fact and pursue alternatives to the findings. He noted ULMYC has retained expert assistance in addressing the variances. Lewis indicated he did not oppose allowing ULMYC additional review time even though the outcome might be the same. Gagne and Stover noted that the quality of the road is a significant reason not to approve the rezoning and the upgrading of the road is not feasible at the present time. Mr. Hegstrom stated that by reducing the number of available slips, the ULMYC can also reduce the traffic on the road. Lewis moved, Gagne seconded to approve tabling action on a Resolution Adopting Findings of Fact Denying a Rezoning from R1C-lrR and Variances - Upper Lake Minnetonka Yacht Oub, until the July 13, 1992 Council meeting. Motion passed 5/0. 7. A RESOLUTION APPROVING FINAL PlAT AND DEVEWPMENT AGREEMENT - GIDEON COVE Mr. Nielsen noted some mutually agreed upon modifications to the Development Agreement. The Council posed no objections to the described changes. Mr. Keane confirmed that the proposed use of docks and their relationship to the homeowners in the development are consistent with the guidelines of the LMCD. Mr. Hurm assured the Council that if the final copy of the Protective Covenants is not consistent with the modifications reported at this meeting, the matters will be referred back to the Council for it's further consideration. Gagne moved, Daugherty seconded to.approve RESOLUTION NO. 51-22, "Approving Final Plat and Development Agreement - Gideon Cove." Motion passed 5/0. 8. AN ORDINANCE REZONING FROM R-1C to P.U.D.- GIDEON COVE Stover moved, Gagne seconded to approve ORDINANCE NO. 257. "Amending Section 1201.09 of the Shorewood City Code." Motion passed 5/0. 5 . . . ~ '\' REGUlAR CITY COUNCIL MINUTES MAY 26,1992 - PAGE 6 9. FEASffiillTY STUDY FOR IMPROVEMENTS OF LIlAC IANE, CITY OF CHANHASSEN Mr. Hurm referred to the Feasibility Study and noted that no assessment will be made by Chanhassen to the City or to the residents of Shorewood for this proposed improvement of lilac Lane. He recommended that the Engineer work with the affected residents and the City of Chanhassen. Shorewood will have to approve plans. Mr. Marc Simcox, 21600 Lilac Lane, cited, what he believes to be, inaccuracies in the Feasibility Study. He pointed out that questions arise from a number of issues that are not addressed in the study such as wetlands, trees, construction traffic and drainage problems. He also noted that the majority of the construction work will occur in the City of Shorewood. He suggested that City representatives attend the June 8 public hearing scheduled by Chanhassen. Mayor Brancel thanked Mr. Simcox for his comments. Mr. Hurm stated that the Engineer will attend the June 8 public hearing on behalf of the City. 10. A RESOLUTION AWARDING THE CONTRACf FOR GRADING - SILVERWOOD PARK Mr. Max Daubenberger, a representative from Van Doren Hazards Stallings, reported that the low bidder, Doboszenski & Sons, Inc., Loretto, MN, met the requirements of the specifications for the contract. He recommended awarding the bid to Doboszenski & Sons, Inc. Lewis indicated that surrounding residents are concerned about the removal of trees associated with this project. Mr. Daubenberger stated that trees scheduled for removal must be marked prior to removal. Mr. Hurm indicated the Park Commission will review the trees marked for removal with a view to saving as many trees as possible within the parameters of the grading project. Daugherty expressed concern with the plans, if any, and the funds available for completion of all aspects of the park. He felt strongly that these plans be in place and sufficient funds be allocated for final improvements and completion of all aspects of the park immediately following the grading. Stover noted that the Council only authorized funds for the excavation and grading to take place this year. She also pointed out that the timing of the Council's budget process would not easily allow designation of additional funds to Silverwood Park at this time. 6 . . . REGUlAR CITY COUNCIL MINUTES MAY 26, 1992 - PAGE 7 Lewis said the overriding factor is the budget and that a favorable result on the planned Park referendum would greatly help the situation. In addition, he said the Park Commission has developed priorities for Park improvements. Daugherty moved, Brancel seconded to approve Resolution No. 52-92 "Accepting Bid and Awarding Contract for Grading Silverwood Park" amended to direct the Oty to use the next funds allocated toward Park improvement to the completion of Silverwood Park prior to spending any funds on any other Park. Motion failed 1/4. Brancel, Gagne, Lewis and Stover voted nay. Lewis moved, Gagne seconded to approve that when making future capital improvement plans, the Oty give the highest priority to completion of Silverwood Park. Motion withdrawn by Lewis; seconded withdrawn by Gagne. Gagne moved, Stover seconded to approve RESOLUTION NO. 52-9Z, "Accepting Bid and Awarding Contract for Grading Silverwood Park." Motion passed 4/1. Daugherty voted nay. 11. CONSIDER AN APPEAL TO A NOTICE TO REMOVE Appellant: Location: James Keefer 20925 Forest Drive Lewis moved, Daugherty seconded to approve a 30-day extension to James Keefer to comply with an April 27, 1992 "Notice to Remove." Motion passed 5/0. 12. CONSIDER AN APPEAL TO A NOTICE TO REMOVE Appellant: Location: Phobe Harrington 23870 Elder Turn Lewis moved, Daugherty seconded to approve a 30-day extension to Phobe Harrington to comply with a May 7, 1992 "Notice to Remove." Motion passed 5/0. 7 " . . . . .... REGULAR CITY COUNcn. MINUTES MAY 26,1992 - PAGE 8 13. A RESOLUTION APPROVING A SUPPLEMENTAL AGREEMENT WITH MNDOT - OlD MARKET ROAD Mr. Bray briefly reviewed a supplemental agreement for $362,169.82 with the Minnesota Department of Transportation for improvements at Old Market Road. Mr. Hurm noted that execution of this agreement will transfer maintenance of the frontage road to the Oty from the State. Stover moved, Lewis seconded to approve RESOLUTION NO. 53-9Z, "Accepting Agreement No. 68779 Between the State of Minnesota Department of Transportation and the Oty of Shorewood." Motion passed 5/0. 14. A RESOLUTION ESTABLISHING A STREET RECONSTRUCI10N FINANCING TASK FORCE Mr. Hurm briefly reviewed the revised Resolution as directed by the Council at its last meeting. The revisions include a more specific title for the Task Force and a clearer description of its objectives. He asked for the Council's suggestions for naming residents to serve on the Task Force. Stover moved, Lewis seconded to approve RESOLUTION NO. 54-92. "Establishing a Street Reconstruction Financing Task Force." Motion passed 5/0. 15. MATTERS FROM THE FLOOR Mayor Brancel called for matters from the floor. Mr. Robert Rascop, Enchanted Island, questioned why they were given more time. He also asked for a copy of the Findings of Fact. He also questioned the recent cutting down of trees on streets near his residence. Staff will investigate the tree-cutting. 16. STAFF REPORTS A Attorney's Report - No Report 8 " . .~ . . . . REGULAR CITY COUNCll.. MINUTES MAY 26, 1992 - PAGE 9 B. Engineer's Report 1. 1992 Construction Project Schedule - No Report No report. C. Planner's Report Mr. Nielsen noted the Waterford III Public Hearing will be June 2, 1992 at Minnewashta School and reported that the Traffic Study will be available at the June 2 meeting. D. Administrator's Report - No Report 17. COUNCll.. REPORTS The Mayor nor the Councilmembers had reports. Mr. Rolek reminded the Councilmembers to submit the paperwork to him regarding the revocation privilege under P.E.R.A. 18. ADJOURNMENT SUBJECf TO APPROVAL OF ClAIMS Gagne moved, Stover seconded to adjourn the City Council meeting at 9:45 pm. subject to approval of claims. Motion passed 5/0. RESPECfFULL Y SUBMfl'l'ED, Arlene H. Bergfalk Northern Counties Secretarial Services ATTEST: ffiJ,tftcUd!! J BARBARA J. BRANCEL, MAYOR 9