032293 CC Reg MinCITY OF SHOREWOOD
REGULAR CTI'Y COUNCIL MEETING
MONDAY, MARCH 22,199-Y'
MINUTES
1. CALL TO ORDER
The meeting was called to order by Mayor Brancel at 7:00 p.m.
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover;
Administrator Hurm, Engineer Dresel, Attorney Keane and Planning Director
Nielsen.
C. REVIEW AGENDA
Stover moved, Lewis seconded to approve the Agenda for March 22, 1993.
Motion passed 5/0.
2. APPROVAL OF NfP4UTES
A. City Council Canvass Meeting Minutes - March 10, 1993
Stover moved, Lewis seconded to approve the City Council Canvass Meeting Minutes of
March 10, 1993.
Motion passed 4/0. Brancel abstained.
B. City Council Work Session Minutes - March 10, 1993
Lewis moved, Stover seconded to approved the City Council Work Session Minutes of
March 10, 1993.
Motion passed 4/0. Brancel abstained.
C. Regular City Council Meeting - March 10, 1993
Lewis moved, Daugherty seconded to approved the Regular City Council Meeting Minutes
of March 10, 1993, amended with the deletion of Lines 1 and 2, Page 6.
Motion passed 4/0. Brancel abstained.
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
o2-A --)
.
REGULAR CITY COUNCIL MINUTES
MARCH 22, 1993 - PAGE 2
0 3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for March 22, 1993.
Stover moved, Benson seconded to approve the Consent Agenda and to adopt the
Resolution and Motions contained therein:
A. RESOLUTION NO. 31-93 "A Resolution Declaring the Observance of Arbor
Day to be April 30, 1993, and Arbor Month to be May 1993:'
B. Motion to Approve Continued Agreement for City Hall Cleaning Service.
C. Motion to Approve Agreement with Lake Restoration, Inc. for 1993
Inspection of Eurasian Water Milfoil - Christmas Lake.
D. Motion to Approve an Agreement with Northern States Power Company
(NSP) for Street Lighting.
E. Motion to Authorize 1993 Spring Clean Up Program.
is Motion passed 5/0.
4. 7:30 PM - PUBLIC HEARING - YEAR XIX (1993) URBAN HENNEPIN
COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(CDBG)
Mayor Brancel opened the Public Hearing at 7:55 p.m.
Lucy McDonald, member of the Advisory Council of the Southshore Senior Center, read
a statement dated March 22, 1993, distributed to the Council, requesting $8,011 from the
City's Community Development Block Grant Program to support the Senior Center for the
1993 -94 fiscal year.
Ann Martinez, a member of the Board of Directors of Sojourn, a community based adult
day program, requested a $1,000 contribution from the City toward a matching Federal grant
for the purchase of a van for use by the organization.
There being no further public comments Mayor Brancel closed the Public Hearing at 8:05
p.m.
Larry Blackstad, senior community development planner, Hennepin County, reported that
because of changes in the method of calculations for eligibility, cities which have
experienced substantial growth in the number of low income and elderly households have
seen increases in grant allocations while the moderate to affluent communities have received
2
a
REGULAR CTTY COUNCIL MINUTES
MARCH 22, 1993 - PAGE 3
to reduced grants. He responded to Councilmembers' questions.
Mayor Brancel suggested that funds remaining, which would have previously gone to the
housing rehabilitation loan program, be set aside for Senior Center planning.
The Council discussed allocation of the Community Development Block Grant Program
funds relative to the requests before them.
Brancel moved, Stover seconded to adopt RESOLUTION NO. 32 -93 "Year XIX (1993)
Urban Hennepin County Community Development Block Grant Program" allocating funds
as follows: $8,011 - Southshore Senior Center Operation; $1,000 - Sojourn; $6,689 -
Southshore Senior Center designated for planning of the Senior Center building project
subject to the Council's approval of a budget prepared for that purpose by the Senior Center
Task Force.
Motion passed 5/0.
5. PARK COMMISSION - Report on Park Commission Meetings
Steve Dzurak, Park Commission Chair, commented on the failure of the Park Referendum
and thanked the Council for allowing the Commission to hold the referendum. He reported
the Commission will review the park improvement back -up plan outlined in the Capital
Improvement Plan; approved the proposed Badger Park /City Hall Parking Plan; and will
discuss the Silverwood Park construction management contract at it's April meeting.
6. PLANNING COMMISSION
A. Report on Planning Commission Meetings
Lewis reported that the Commission reviewed the E.A.W. prepared for the Gideon's Wood
project and unanimously agreed that an E.I.S. is not required.
B. A Motion to Direct Staff to Prepare a Resolution with Findings of Fact -
Setback Variance
Applicant: Dave Nelson /Pete Knaeble
Location: 21740 Lilac Lane
Nielsen stated he has been informed by telephone that the Applicant does not wish to
pursue this variance request. However, Nielsen recommended the Council consider the
request and direct the staff to prepare a Findings of Fact Resolution since a formal
withdrawal request has not been received from the Applicant.
Stover moved, Lewis seconded to direct the staff to prepare a Findings of Fact Resolution
to deny the request of David Nelson and Pete Knaeble for a 15' setback variance at 21740
3
- REGULAR CITY COUNCIL MINUTES
MARCH 22, 1993 - PAGE 4
Lilac Lane.
Motion passed 5/0.
C. A Motion to Direct Staff to Prepare a Resolution with Findings of Fact for
a C.U.P. to Build on a Substandard Lakeshore Lot
Applicant:Patrick Pechacek
Location: 5025 Shady Island Road
Nielsen stated that since the Planning Commission's meeting, he received additional
correspondence from the Applicant requesting consideration on the bituminous paved area
on the lake side of the lot and expressing concern about not having a dock during the time
the home is razed and an occupancy certificate is issued for the new home. He stated that
while this may be technically accurate, if a building permit is in force, the Applicant is not
likely to be cited for using the dock while the home is being constructed. Nielsen stated
both the staff and the Planning Commission recommend removal of the blacktop near the
lakeshore and reported that the Planning Commission recommended that the requirement
related to the driveways be considered as a separate issue.
Patrick Pechacek referred to his letter dated March 15, 1993 outlining his position relative
to removal of the blacktop and requested the Council to consider the value of the aesthetic
and water control aspects of the path.
Stover requested clarification of the staff's recommendation relative to elimination of the
blacktopped area near the lakeshore. Dresel stated that while the Applicant desires to use
the blacktop for water and erosion control, a conforming solution, such as the use of riprap,
is preferred. Nielsen suggested that the path along the property line be allowed to remain,
but the black- topped patio area close to the lake made of blacktop be removed and
landscaped. In addition, Nielsen stated that correction to the drainage at that point is
required because that area is a final filter for anything coming through.
Pechacek stated that subsequent to the Planning Commission meeting, he learned that he
could update the existing home without bringing the entire property up to Code. However,
he preferred building a new home since it would be more desirable in terms of overall goals
of the City. He noted that the current drainage system is working and that considerable
additional expense is involved in changing the system. Pechacek stated that while he agreed
to removal of the boat house and the blacktopped patio area near the lake, he requests that
the path be allowed to remain to provide for continuity and keep the drainage problem
solved.
Nielsen explained that if 50% or more of the value of an original structure is maintained,
only the modified building is subject to Code enforcement.
• Lewis stated that nonconformance is not encouraged and pointed out that nonconformities
4
REGULAR CITY COUNCIL MINUTES
MARCH 22, 1993 - PAGE 5
are rectified when the opportunities arise. Stover noted a correlation between
nonconforming docks that have been allowed to remain and the nonconforming drainage
system.
The Council discussed the issue involving the path on the property.
Stover moved, Daugherty seconded to direct the staff to prepare a findings of fact resolution
to approve the C.U.P. subject to staff recommendations 2, 3, 4, 5 and 7, and
recommendation 6. amended to read: If the common driveway is eliminated, the resulting
driveway must be 5' from the property line.
Motion failed 3/2. Lewis and Benson voted nay.
Lewis moved, Benson seconded to direct the staff to prepare a findings of fact resolution
to approve the C.U.P. subject to staff recommendations 1 through 7 with recommendation
6 amended to read: If the common driveway is eliminated, the resulting driveway must be
5' from the property line.
Motion failed 3/2. Daugherty and Stover voted nay. (4/5 vote required)
Stover moved, Lewis seconded to direct the staff to prepare a Findings of Fact Resolution
to approve a C.U.P. for Patrick Pechacek to build on a substandard lakeshore lot at 5025
Shady Island Road, subject to staff recommendations 2, 3, 4, 5, and 7, contained in its
February 25, 1993 memorandum, with recommendation 1. amended to read: The
bituminous strip on the lot not to exceed 4' in width enhanced with landscaping may be used
for drainage purposes.; and recommendation 6. amended to read: If the common driveway
is eliminated, the resulting driveway must be 5' from the property line.
Motion passed 4/1. Benson voted nay. (4/5 vote required)
D. A Motion to Direct Staff to Prepare a Resolution for a
Subdivision /Combination
Applicant: Carolyn McClure
Location: 22785 Murray Street
Nielsen reported that the Planning Commission recommends approval of the Applicant's
request subject to the conditions contained in the staff report dated February 24, 1993. The
Applicant will provide a title opinion and legal description for the easements.
Lewis moved, Daugherty seconded to direct the staff to prepare a Resolution approving a
simple subdivision and combination request for Carolyn McClure at 22785 Murray Street
subject to the staff recommendations detailed in its February 24, 1993 memorandum.
Motion passed 510.
5
r
REGULAR CITY COUNCIL MINUTES
MARCH 22, 1993 - PAGE 6
E. Review Comments on Gideon's Woods E.A.W. /Determine Needs for
Additional Environmental Review
Nielsen reviewed the background to the E.A.W. completed for the Gideon's Wood project.
He explained that the purpose of an E.A.W. is to review the environmental aspects of the
project to determine if further environmental review in the form of an Environment Impact
Statement was required. The project required completion of an E.A.W. because it involved
moving a house listed on the National Historic Register. Comments have been received
from a number of residents and agencies regarding the E.A.W.
Nielsen reported that the Planning Commission reviewed the E.A.W. and agreed that based
on the guidelines there was not a potential for significant environmental impact and
therefore an E.I.S. is not warranted.
Mayor Brancel called for public comment at 8:25 p.m.
Maxine Dickson, President of the Minnetonka Historical Society, opposed the determination
because: 1) the National Historic Register status; 2) significant work of Peter Gideon; 3)
lack of following through and completing procedures by the Planning Department; 4) lack
of request to and approval of the Minnesota Indian Rights Council; 5) appropriate attention
was not given to the reports of the various agencies.
Doug Malam, Planning Commissioner, stated that the Commissioners dealt with the specific
question of whether an E.I.S. was required. He noted that because the home is listed on
the National Historic Register completion of an E.A.W. was mandated. He indicated the
Council must now decide whether an E.I.S. is necessary based on the comments received
from agencies and individuals. Based on comments from the PCA and DNR, and lack of
comment from the Historic Register, the Commissioners determined that an E.I.S. is not
warranted. Malam stated that this is not the appropriate time to consider other factors
relative to the P.U.D.
Scott MacGinnis, St. Louis Park, president of the Excelsior Lake Minnetonka Historical
Society, and President of Donovan Research, stated he was not here to stop the
development, but to present information to the Council so it may make an informed
decision relative to the heritage. He stated that the E.A.W. did not comply with Minnesota
rules in that it was not complete and accurate and therefore he requested that the E.A.W.
be re -done or an E.I.S. be performed. MacGinnis cited a Minnesota Statute describing
"environment ". He stated the Commission failed to acknowledge any historical aspects in
relation to this property and for that reason the E.A.W. is incomplete.
Fred Katter, Katter Development, developer of the property, presented and reviewed their
research of records and their conclusion that the Peter Gideon home was not built on this
• site but was built 1/4 mile north of this location and through error the subject home was
listed on the Historic Register. Katter contended the home, built in 1910, is that of Charles
6
REGULAR CITY COUNCIL MINUTES
MARCH 22, 1993 - PAGE 7
White. Katter discussed the issue of Indian burial mounds on the property. He stated that
Katter Development will retain the services of an approved expert to determine the location
of the mounds along with completion of an archeological survey to determine any
historically significant resources. The developer will adhere to the statutes related to the
Private Cemeteries Act, work with the Historical Society to arrive at an appropriate solution
to the historical value of the site and honor it's commitment to preserve the memory of
Peter Gideon.
Laura Turgeon, 24670 Amlee Road, stated that historical issues are environmental issues.
She stated that the Historical Society has not accepted Katter's assertion that the Gideon
home is that of Charles White and indicated that the issue involves that which was accepted
in 1974 for inclusion on the Historic Register and that whatever other evidence is submitted
at this time has no bearing on the current issue. She stated that a compromise would be
to save the house and the two acres as listed on the Historic Register in 1974.
George Harrison, 24710 Amlee Road, addressed a number of specific questions of the
E.A.W. and contended that the responses were inaccurate and /or incomplete.
The meeting recessed at 9:00 p.m. and reconvened at 9:10 p.m.
There being no further public comment, Mayor Brancel closed the meeting to public input
• at 9:10 p.m.
Nielsen stated that the Historical Society is the ultimate judge of the accuracy of the
historical data. He stated that the E.A.W. was completed based on the fact that the house
on the property is the home of Peter Gideon. He indicated the question is whether moving
the house on the site will have a potential significant environmental impact.
Lewis stated that in it's reply to the E.A.W., the Historical Society did not indicate that an
E.I.S. is required, and therefore the City should not require one.
Daugherty requested clarification of the issues. Keane stated that because the home on the
property carried the historic designation on the National Register, it required completion
of an E. A.W. As the responsible governmental unit, the City must determine, based on the
information identified in the E.A.W. and the comments received and the responses to those
comments and additional information forthcoming regarding the Indian Mound survey,
whether the has potential for significant environmental impact and therefore would
require preparation of the next level of review which is the Environmental Impact
Statement.
Lewis stated that consideration of this P.U.D. is at the concept stage and further study and
determinations of other issues related to this application will be conducted as the approval
process continues. He reiterated that based on the information received from the E.A.W.
and from the comments and responses to the E.A.W., an E.I.S. is not warranted and that
none of the agencies requested such a statement.
7
• REGULAR CITY COUNCIL MINUTES
MARCH 22, 1993 - PAGE 8
Stover requested clarification regarding the Indian mound issue. Keane stated the developer
is obligated to complete that investigation.
Lewis commended the staff for its diligent completion of the E.A.W.
Lewis moved, Stover seconded to adopt RESOLUTION NO. 33 -93 "A Resolution Setting
Forth Findings and Negative Declaration in the Matter of Gideon's Woods Environmental
Assessment Worksheet."
Motion passed 5/0.
7. CONSIDER RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR
REGARDING SIGNAGE
Hurm presented a list of recommended placement of signs for the Council's consideration
and a resolution prepared for the Council's consideration designating stop sign locations in
the City.
Stover moved, Brancel seconded to adopt RESOLUTION NO. 34 -93 "A Resolution
Designating Stop Sign Locations."
• Motion passed 5/0.
Daugherty moved, Stover seconded to approve the sign recommendation list prepared by
the Public Works Director dated March 15, 1993.
Motion passed 510.
8. IDENTIFY AND DISCUSS ISSUES IN RELATION TO RENTAL HOUSING
CODE
Nielsen reviewed the background to the Rental Housing Code adopted by the City in 1990.
He pointed out that before the Code was published making it legally effective, the Council
heard from rental property owners who objected to not having input into the Code. The
Code was put on hold and a committee reviewed and commented on the provisions of the
Code. No action has been taken on the Code therefore the Code remains on the books yet
is not enforced. Nielsen noted that the Attorney has provided codification changes and
requested that the Council consider the comments of the committee for possible inclusion
in the Code, and that the process be completed for to make the Code enforceable.
During discussion, the Council provided policy guidance for inclusion of the rental property
owners suggestions and comments in the Code. Staff will prepare a final draft of the
updated Code including the Attorney's changes and the Council's recommendations for
40 consideration at the next Council meeting.
M
REGULAR CITY COUNCIL MINUTES
MARCH 22, 1993 - PAGE 9
0 9. MATTERS FROM THE FLOOR - None.
10. STAFF REPORTS
A. City Attorney - None.
B. City Engineer - None.
C. City Planner - None.
D. Finance Director
1. Preliminary 1992 Financial Report
Hurm explained Finance Director Al Rolek is absent this evening due to the birth date of
his daughter Katherine Elizabeth Rolek on Sunday, March 21 at 2:35 pm, who weighed 7
pounds 5 ounces and measured 19 1/2 inches.
Hurm briefly commented on the preliminary 1992 financial report.
E. City Administrator
1. Review Resident Survey Format
• Hurm requested the Council's comments on the contents and format of the Resident Survey.
Councilmembers provided guidance for changes to the proposed Survey.
11. COUNCIL REPORTS
A. Mayor Brancel
Brancel reported that the Police Reserve recently honored a woman who has been with the
department for 20 years as Reserve Officer of the Year. The Council agreed that
Administrator Hurm represent the City at the Community Service Award event on April 20.
B. Councilmembers - None.
4IAR0DJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF
Stover moved, Benson seconded to adjourn the City Council Meeting to Executive Session
at 10:05 p.m., subject to the approval of claims.
Motion passed 5/0.
The Work Session scheduled to discuss a proposed Policy on Special Assessments for Street
Reconstruction Projects was re- scheduled to a future meeting.
9
REGULAR CITY COUNCIL MINUTES
MARCH 22, 1993 - PAGE 10
ATTEST
C. HURK CITY ADMINISTRATOR
0
0
The Council convened in Executive Session to discussion pending litigation at 10:10 p.m.
The Executive Session adjourned at 10:35 p.m.
RESPECTFULLY SUBMITTED
Arlene H. Bergfalk
Recording Secretary
Timesavers Off Site Secretarial
10