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011193 CC Reg Min . - . . . ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 11, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES ADMINISlER OATH OF OFFICE Representative Tom Workman administered the Oath of Office to Mayor Barbara J. Brancel and to Councilmembers Bruce Benson and Kristi Stover. Representative Workman made brief comments following the ceremony. 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:12 p.m. A PlEDGE OF ALLEGIANCE B. ROLLCALL Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen and Finance Director Rolek. C. REVIEW AGENDA Lewis requested that Consent Agenda items H. and I. be removed from the Consent Agenda and placed on the regular agenda. Daugherty moved, Stover seconded to approve the amended agenda for January 11, 1993, with the removal of items H. and I. from the Consent Agenda and placed on the regular agenda. Motion passed 5/0. D. Shorewood Citizen Award - Tom Akins, 22570 Murray Street - by Police Chief Richard Young Police Chief Richard Young read and presented the Shorewood Citizen Award to Tom Akins, 22570 Murray Street. Mayor Brancel presented Mr. Akins with a Certificate of Recognition from the City of Shorewood. Mr. Akins made brief comments following the ceremony. 1 . . . . . . " , . REGULAR CITY COUNCIL MINUTES JANUARY 11, 1993 - PAGE 2 2. APPROVAL OF MINUTES A. Regular City Council Meeting - December 14, 1992 Stover moved, Daugherty seconded to approve the City Council Minutes of December 14, 1992. Motion passed 5/0. B. Executive Session - December 14, 1992 Stover moved, Daugherty seconded to approve the Executive Session Minutes of December 14, 1992. Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for January 11, 1993. Lewis moved, Daugherty seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A RESOLUTION NO. 1-93 "A Resolution Establishing Council Policies and Making Appointments within the City of Shorewood for the Year 1993." B. ORDINANCE NO. 264 "Relating to the Makeup of the Park Commission." C. RESOLUTION NO. 2-93 "A Resolution Making Appointments to the Park and Planning Commissions." D. RESOLUTION NO. 3-93 "A Resolution for Records with Archival Value for Transfer to the State Archives of the Minnesota Historical Society." E. RESOLUTION NO. 4-93 "A Resolution Approving Final Pay Request and Accepting Project Construction - Old Market Road." F. RESOLUTION NO. 5-93 "A Resolution Approving Change Order No.1 - Final Pay Request and Accepting Project Construction - Uft Stations 7 & 11." G. RESOLUTION NO. 6-93 "A Resolution Approving a Simple Subdivision Reifenberger /Morford." 2 . . . · REGULAR CITY COUNCIL MINUTES JANUARY 11, 1993 - PAGE 3 J. RESOLUTION NO. 7-93 "A Resolution with Findings of Fact Approving Construction of a Church in a Residential District and Deposit of Fill in Excess of 100 Cubic Yards." Motion passed 510. H. RESOLUTION NO. 8-93 "A Resolution with Findings of Fact Denying a Rezoning from R-1C/S (Single-Family Residential/Shoreland) to. L-RIS (Lakeshore- Recreational/Shoreland) - Upper Lake Minnetonka Yacht Dub." Lewis stated: My reason for removing these items from the Consent Agenda is I have indicated my desire to vote against these resolutions. I think this issue will continue to arise and there's an opportunity for the residents of the neighborhood to be a part of the improvement of that property. I think it's important that the owners of that property are given the opportunity to try to make improvements to their property. We have a situation that they are not going to go away. It will continue to exist as a nonconforming use. It may be advantageous for us as a Council to deny their request, but I think that the request will come back. I think there are some issues that we are most certainly going to have to address, principally the sewer charges. We will not allow them to build restroom facilities at that location yet we charge them $8700 for sewer access. Those types of issues will not go away. Currently, the Club members drive to the lot and park in a haphazard fashion on the lot and they will continue to do so. Those are some of the types of issues that will have to be addressed in the future. I think it's time the Council and the residents try to work with the Club and residents to try to develop some enhancements to the property. Stover moved, Daugherty seconded to adopt RESOLUTION NO. 8-93 "A Resolution with Findings of Fact Denying a Rezoning from R-1C/S (Single-Family Residential/Shoreland) to L-RIS (Lakeshore-Recreational/Shoreland) - Upper Lake Minnetonka Yacht Dub." Motion passed 3/2. Benson and Lewis voted nay. I. RESOLUTION NO. 9-93 "A Resolution Denying Variances for Upper Lake Minnetonka Yacht Club." Stover moved, Daugherty seconded to adopt RESOLUTION NO. 9-93 "A Resolution Denying Variances for Upper Lake Minnetonka Yacht Club." Motion passed 3/2. Benson and Lewis voted nay. 4. PARK A. Report on Park Commission Meeting of January 5, 1993 Steve Dzurak, Park Commissioner, reported the results of two surveys conducted to determine public support for a referendum to raise funds for park and trail improvements. 3 · REGUlAR CITY COUNCIL MINUTES JANUARY 11, 1993 - PAGE 4 . A survey conducted in December 1991 showed 56% support and the survey conducted in December 1992 showed 59% support for the park referendum. The Commission believes there is sufficient public support to go ahead with the referendum. Dzurak stated the funds will be used to provide improvements for family type activities such as playgrounds, tennis courts and picnic facilities in the parks. The Park Commission recommends approval of the resolutions before the Council to accommodate the referendum. B. A Resolution Authorizing Special Election for Consideration of a Bond Referendum Issue Bond $900,000 for Park Improvements Lewis stated that the necessity to put this through a special election is clear. Lewis moved, Daugherty seconded to adopt RESOLUTION NO. 10-93 "A Resolution Determining the Necessity for the Issuance of General Obligation Bonds and Calling a Special Election Thereon." Motion passed 5/0. C. A Resolution Authorizing the Consolidation of the Four Precincts within the City of Shorewood - Park Referendum . Brancel noted that this Resolution designates City Hall as the polling location for this special referendum. Lewis moved, Stover seconded to approve RESOLUTION NO. 11-93 "A Resolution Designating a Single Polling Place for the March 9, 1993 Special Election." Motion passed 5/0. 5. PlANNING A. Report on Planning Commission Meeting of January 5, 1993 . Doug Malam, Planning Commissioner, reported on actions taken by the Commission. He stated the Commission unanimously recommended approval of the C.U.P. for Robert Balgard for Deposit of Fill in Excess of 100 cubic yards. Malam noted that a Public Hearing was conducted in connection with amending an ordinance related to elderly housing. After extensive discussion, the Commission voted (5/1) to recommend approval of an Ordinance Amendment that will change the sewer and park dedication fee structure for elderly housing. Malam reported that Commissioner Rosenberger dissented from the majority and expressed the view that the proposal does not go far enough to encourage and support the construction of elderly: housing and felt that a methodically developed well- defined plan for elderly housing is in the best interests of Shorewood. The Commissioners also discussed regulations regarding yard lighting, burning permits and commercial maintenance. 4 . . . · REGULAR CITY COUNCIL MINUTES JANUARY 11, 1993 - PAGE 5 B. A Brief Presentation on Senior Housing - John Arkell . John Arkell, representing Cottage Lifestyles, a senior housing developer, presented information regarding the type of developments constructed by his company. The' company is interested in exploring the possibility of constructing rental cottage-style homes for people 55 and over in Shorewood. The company's financing is conducted through a Tax Increment Financing program. Mr. Arkell responded to questions from the Councilmembers. C. Consideration of a C.U.P. for Deposit of Fill in Excess of 100 cu.yds. Applicant: Location: Robert Balgard 26100 Smithtown Road In response to Brancel's question regarding the impact of this request on the Grant Lorenz drainage area, Dresel stated that the limited amount of fill going in and it's location on the east side does not impact the Grant Lorenz flood plain. Stover moved, Benson seconded to direct the staff,to prepare a resolution with findings of fact approving a C.U.P. for deposit of fill in excess of 100 cubic yards for Robert Balgard, 26100 Smithtown Road. Motion passed 510. 6. REOUEST TO REMOVE PENALTY - MARY ANN ROEDEL 28115 BOULDER BRIDGE DRIVE Rolek reviewed the requests of Roedel and Smith for removal of penalties attached to their respective utility bills. Both residents stated they did not receive the third quarter statement through the mail and therefore the penalty should be abated. Stover moved, Lewis seconded to approve the abatement of the penalty attached to the utility bill of Mary Ann Roedel, 28115 Boulder Bridge Drive. Motion passed 510. 7. REOUEST TO REMOVE PENALTY - ALICE A SMITH. 4915 REGENTS WALK Stover moved, Lewis seconded to approve the abatement of the penalty attached to the utility bill of Alice A Smith, 4915 Regents Walk. Motion passed 510. 8. CONSIDER A MOTION TO APPROVE AND ACCEPT THE WWEST QUOTE FOR THE SERVICE BAY EXHAUST SYSTEM INSTALlATION - PUBliC 5 , , REGULAR CITY COUNCIL MINUTES JANUARY 11,1993 - PAGE 6 . WORKS FACIUTY Hurm stated that the Council previously approved and amount up to $6,600 to correct a service bay exhaust problem in the Public Works facility. He reported that of the three bids received, the firm of Rouse Mechanical entered the lowest responsible bid and he recommended its approval. Dresel clarified that although the other two bids were lower, one did not include instanation costs and the other firm could not guarantee that its configuration would work with existing equipment. Hurm noted that work has not begun but that parts have been ordered. Stover moved, Lewis seconded to accept the $6,600 bid of Rouse Mechanical, which includes a complete system with an independent blower with controls located in the service bay, to correct the service bay exhaust problem in the Public Works facility. Motion passed 5/0. 9. CONSIDER A MOTION TO APPROVE ENVIRONMENTAL ASSESSMENT WORKSHEET (E.A W.) FOR PUBliCATION - GIDEON'S WOODS P.U.D. . Nielsen stated that the Gideon's Woods P.U.D. project requires an Environmental Assessment Worksheet (E.A.W.). He reviewed page 4 of the document and noted that although the document refers to environmental issues, the E.A.W. required for this project is related to its historical nature. Nielsen reviewed the dates for various steps in the process fonowing the Council's approval of the document for publication and distribution as outlined in his memorandum dated January 8, 1993. The document is available at City Hall for review. The public comment period begins February 1 and ends March 1. On March 22, 1993, the Council will adopt a findings of fact as to whether further environmental review is necessary and must distribute its decision by March 29, 1993. Lewis noted that the staff did an excellent job in completing the E.A.W. Stover moved, Benson seconded to approve the Environmental Assessment Worksheet for publication for public comment - Gideon's Woods P.U.D. Motion passed 5/0. 10. CONSIDERATION OF A PROPOSED AMENDMENT TO THE RECYCliNG CONTRACT WITH KNUTSON SERVICES INC. Hurm reviewed the adjustments in the Knutson Services, Inc. recycling contract which would increase monthly costs in 1993 and 1994 and eliminate the revenue sharing retroactive to July 1992. Fees paid for curbside recycling conection, under the amended contract, will increase $.10 in 1993 and another $.10 in 1994. . Lewis suggested and the Council agreed to direct the staff to re-negotiate the retroactive 6 ". . . I REGULAR CITY COUNCIL MINUTES JANUARY 11, 1993 - PAGE 7 . revenue sharing issue with Knutson Services, Inc. and re-submit the amended contract to the Council for its consideration. 11. CONSIDER ADOPTION OF AN ORDINANCE FOR TRANSIENT MERCHANT LICENSE Hurm stated that this is the second draft of an ordinance for transient merchant licensing and incorporates two changes: first, it defines and regulates garage sales and second, it refers transient merchants at permanent locations to the zoning code which has separate regulations. The ordinance is also cross-referenced to a Park ordinance. The ordinance basically prohibits transient merchants from selling products unless a conditional use permit is obtained and prohibits sales in residential areas. Stover expressed concern about the purpose of the ordinance particularly in relation to solicitations by charitable organizations and suggested the addition of a section covering exclusions. Daugherty stated that the ordinance would create a formal procedure for licensing of door to door sales and would adequately cover issues that he previously expressed concerns about. . Keane noted that the issue of regulating door-to-door sales relates to non-permanent businesses that solicit throughout the community and over-laps into solicitation for donations and contributions. These regulations fit into the context of regulating non-permanent businesses and should not be construed as over-regulation. He noted that established organizations are accustomed to requesting appropriate licensing/permits in the communities they canvass. It is customary to have a list of organizations authorized to canvass a community after appropriate investigation. Daugherty moved, Lewis seconded to adopt ORDINANCE NO.265 "An Ordinance Relating to the Regulation of Transient Merchants, Solicitors, Peddlers, Canvassers and Garage Sales. " Motion passed 4/1. Stover voted nay. Hurm stated that a proposal setting the annual license fee and an ordinance amendment related to parks and recreation areas will be presented for the Council's consideration at its next meeting, following which the Ordinances will be published. 12. CONSIDER A RESOLUTION TO AMEND WATERFORD PHASE ill- DEVELOPMENT AGREEMENT . Keane reviewed the request of the developers of Waterford III for approval of a proposed amendment to the Development Agreement dated May 30, 1991. The amendment would amend only the "schedule of work" section to permit commencement of construction of the residential portion of the project in the spring of 1993 and the commencement of construction of the commercial portion would commence by the spring of 1995. This issue 7 REGUlAR CITY COUNCIL MINUTES JANUARY 11, 1993 - PAGE 8 . arose in the context of a proposed final P.U.D. submitted to the Planning Commission, when it was noted that the plan submitted was in conflict with the P.U.D, in that the dates for commencement of construction in the original Agreement have elapsed. Keane noted that although the Agreement between the City and the developer remains valid, if the extension is not granted, the Council may chose to direct that the P.U.D. be repealed on the basis that it has expired and the designation of the land use descriptions would then revert to the original zoning. He noted that a consequence of repealing the P.U.D. would involve liability for the financial investment of the property owner. . Lewis expressed concern about the 1995 date for development of the commercial portion, stated his preference for more rapid commercial development, and stated that more information on the commercial aspect be provided before an extension is granted. He noted that the developer has attempted to sell the property for development without much success. He expressed the need for some determination to be made on the property in order to move forward on its development. Lewis indicated that in retrospect it was obvious that the owners of the property did not themselves intend to develop the property, but intended to sell it for development purposes and the improvements to the adjacent infrastructure have added to the value of the property. Lewis further stated that both the property owner and the City are concerned with the difficulty of selling the property at the present time. He stated that a clear indication should be given to the developer as to what commercial development the City will permit in the location. Brancel stated that the developer's schedule has been affected by its proposals for development which were beyond that originally approved, and that the developer has not been cited for default of its contract. Nielsen indicated that the Council would have site plan approval authority in connection with the commercial development, but the. residential portion has been given final approvaL Daugherty disagreed with granting the extension and stated that while he does not wish to delay construction of a legitimate residential development, additional information regarding the residential and commercial portions as a package should be provided by the developer to the extent possible for further analysis. Stover accepted continuation of the agreement, but indicated a discussion of the length of the extension was appropriate, but should ultimately result in approval of the extension of the work schedule. Lewis stated that although he does not approve of the existing P.U.D., that there was no longer any opportunity for changes in the development plans for the property and that expeditious development of the property is appropriate. . The meeting recessed at 9:05 p.rn. and reconvened at 9: 13 p.rn. 8 " , . J REGULAR CITY COUNCIL MINUTES JANUARY 11, 1993 - PAGE 9 . Jeremy Steiner, attorney representing the developer, stated that the Waterford site is not appropriate for senior housing. He reminded the Council of the City's TIF agreement in place with the developer and of the developer's investment in the site. He reviewed the existing approved commercial development for the site. In regard to the deadlines, Steiner stated that while deadlines are meaningless, the request for an extension reflects the realities of current economic and financial conditions. He pointed out that the developer has a strong financial interest in developing the commercial portion expeditiously. A final plat for the residential portion will be presented to the Council at its January 25 meeting. He pointed out that the Council has an obligation to cooperate with the developer to modify the deadlines. Randy Travalia, representing Trivesco, the developer, reiterated that its intent is to develop the Waterford III property precisely as outlined in the development agreement approved by the Council, noted that the agreement is in full force, and park fees have been paid promptly. Stover moved, Benson seconded to approve a resolution approving adoption of an amendment to the Planned Unit Development agreement for Waterford Phase ill to extend the "schedule of work" deadlines. Motion failed 2/3. Brancel, Daugherty and Lewis voted nay. . Daugherty moved, Lewis seconded to table, for two weeks, the amendment to the Planned Unit Development agreement for Waterford Phase ill and requested additional information from the developer as to the proposed development dates for the commercial portion of Waterford ill. Motion passed 4/1. Stover voted nay. The Council clarified that it has no objection to reviewing a final plat submitted by the developer at the Council's January 25 meeting in that its intent is not to change the existing approved P.D.D. for Waterford III. 13. CONSIDER CORRESPONDENCE TO METROPOliTAN WASTE CONTROL COMMISSION (MWCC) . Keane reviewed a draft communication from the Finance Director setting forth the position of the Council regarding its payment to the MWCC. He noted that this letter is part of establishing the City's position regarding the increase in sanitary sewer fees assessed by the MWCC. He reviewed the formula developed upon which the January 1993 installment payment is based. He requested the Council's review of the tenor of the letter and the formula used for payment purposes. He noted that, to date, the MWCC has not responded to the City's request for a downward adjustment in its assessment rate. Keane stated the City is prepared to respond to an attempt by the MWCC to collect its fees through a special levy on the City. He noted that the newly appointed Chair of the Metropolitan Council is 9 . ; 1'.1; .J REGUlAR CITY COUNCIL MINUTES JANUARY 11,1993 - PAGE 10 . scheduled to meet with Mayor Brancel on January 21 with a view to arbitrating resolution of this problem. During discussion, the Council members made suggestions for changes in the content of the letter. Keane and Rolek responded to the Council members questions. Daugherty moved, Stover seconded to direct the Finance Director to send correspondence as drafted, with the corrections and additions suggested by the Council, to the MWCC with the January 1993 payment. Motion passed 5/0. 14. MATTERS FROM THE FLOOR - None. 15. STAFF REPORTS A. Attorney's Report - None. B. Engineer's Report 1. Review of Lake Linden Road Grading Plan . Dresel stated the preliminary Lake Linden Road grading plan determining right-of-way requirements has been completed for public input and discussion purposes. The design has been forwarded to MnDot for its preliminary comments regarding the design and suitability for MSA funding. In response to Lewis' comment regarding residents' input, Dresel noted that the plans will be presented at a neighborhood informational meeting. C. Planner's Report - None. Financial Director's Report - None. E. Administrator's Report 1. Traffic Safety/Study - Excelsior Boulevard - Deferred. 2. Consider Council Comp Plan & CIP Committees Hurm reviewed his proposal, for Council's discussion, to designate Council members as liaison to work with the Planning Commission liaison in the various elements of the comprehensive plan review and have each Council member work with the staff on an element of the Capital Improvement Program. This plan would keep the Council closely involved with the processes, yet minimize the number of meetings which all Council members must attend. . 10 ~ ~ . . . t... .... I/O ~ REGUIAR CITY COUNCIL MINUTES JANUARY 11, 1993 - PAGE 11 Following discussion, the Council agreed that while the proposal has merit relative to an overall plan to streamline the process, it will re-consider the proposal when it may be deemed necessary for implementation. Daugherty agreed to attend the next scheduled Lake Access Committee meeting. 16. COUNCIL REPORTS A. Mayor Brancel B. Councilmembers Lewis thanked and commended the staff for its prompt action in correcting a hazardous icy condition in a local park. 17. ADJOURNMENT SUBJECf TO APPROVAL OF ClAIMS Daugherty moved, Stover seconded to adjourn the meeting at 10:28 p.rn., subject to the approval of claims, and to reschedule the Executive Session to a future date. Motion passed 5/0. The scheduled executive session was postponed to the next Council meeting. RESPECTFUILY SUBMl'lTED, Arlene H. Bergfalk Recording Secretary TimeSavers Secretarial Services AITEST: J c. HURM, CITY ADMINISTRATOR 11 J