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011094 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JANUARY 10, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING 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, and Lewis; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen, and Finance Director Rolek. Absent: Councilmember Stover. C. REVIEW AGENDA Lewis moved, Benson seconded to approve the amended agenda for January 10, 1994, with Consent Agenda Item D. corrected to read: A Motion to Approve a Request for Residential Water Service Connection to Minnetonka, and the addition of Item 1.A. Personnel Matters to the Executive Session. Motion passed 4/0. D. Presentation to Gordon Lindstrom and James Andrus, Former Park Commissioners Mayor Brancel read and presented plaques of appreciation on behalf of the City of Shorewood to James Andrus for 7 years of dedicated service as a Park Commissioner beginning in 1986 and to Gordon Lindstrom for 16 years of dedicated service as a Park Commissioner beginning in 1978. E. Presentation by Denise Kautzer, GFOA - Award Certificate of Achievement Denise Kautzer, representing the Government Finance Officers Association, awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Shorewood for its comprehensive annual financial report for the year 1992. The certificate is the highest form of recognition in governmental accounting and financial reporting and its attainment represents a significant accomplishment by the City and its management. Mayor Brancel responded on behalf of the City and commended the staff and Finance Director Rolek for their performance which resulted in this accomplishment. 1 . . . REGULAR CITY COUNCIL MINUTES JANUARY 10, 1994 - PAGE 2 2A. APPROVAL OF MINUTES A. Regular City Council Meeting - December 13, 1993 Lewis moved, Daugherty seconded to approve the City Council Minutes of December 13, 1993. Motion passed 4/0. B. Report on Executive Session of December 20, 1993 Mayor Brancel read the minutes of the December 20, 1993 Executive Session as follows: The meeting was called to order at 5:00 p.m. Present were Mayor Brancel; Councilmembers Daugherty, Lewis and Benson; Administrator Hurm and City Attorney Chris Dietzen. Absent: Councilmember Stover. Following discussion on the pending lawsuit on metropolitan sewage district charges, Daugherty moved to authorize $191,012.96 be taken from the City sewer fund to establish an escrow with the Hennepin County District Court, seconded by Lewis. Motion passed unanimously. There being no further business, Benson moved for adjournment, seconded by Lewis. Motion passed unanimously at 5:40 p.m. Daugherty moved, Benson seconded to approve the Executive Session minutes of December 20, 1993. Motion passed 4/0. 2B. A MOTION ADOPTING RESOLUTIONS MAKING APPOINTMENTS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 1994 A. A Resolution Making Appointments for 1994 Mayor Brancel read the resolution making appointments for 1994. Lewis moved, Daugherty seconded to adopt RESOLUTION NO. 94-01, "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 1994." Motion passed 4/0. B. A Resolution Making Appointments to Various Commissions to Begin in 1994 2 . . . REGULAR CITY COUNCIL MINUTES JANUARY 10, 1994 - PAGE 3 Mayor Brancel read portions of the resolution making new appointments, reappointments, and Chairs to various Commissions to begin in 1994. Daugherty moved, Benson seconded to adopt RESOLUTION NO. 94-02, "A Resolution Making Appointments." Motion passed 4/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for January 10, 1994. Benson moved, Daugherty seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A. RESOLUTION NO. 94-03 "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Ron Lind." B. RESOLUTION NO. 94-04 "A Resolution Granting a Conditional Use Permit for Additional Accessory Space and Fill in Excess of 100 Cubic Yards to Dean Spatz." C. RESOLUTION NO. 94-05 "A Resolution Correcting a Legal Description." David A. Nelson/Peter Knaeble. D. Motion to Approve a Request for Residential Water Service Connection to Minnetonka. Applicant: Edwin Jenkins/Carolyn Carver. Location: 5350 Vine Hill Road. E. RESOLUTION NO. 94-06 "A Resolution Approving Combination of Real Property. Applicant: McNulty Construction. Location: 4611-17 Bayswater Road. F. RESOLUTION NO. 94-07 "A Resolution Authorizing Submittal of the 1994 Hennepin County Grant Application for Municipal Source Separated Recyclables." G. RESOLUTION NO. 94-08 "A Resolution Relating to the Approval of Transfer of Property in the Matter of MWCC Lift Station No. 20." H. RESOLUTION NO. 94-09 "A Resolution Approving the Final Plat of Ridge Road Addition. " Motion passed 4/0. 4. PUBLIC HEARING 7:15 P.M. - CONSIDERATION OF A PRELIMINARY PLAT. LOT WIDTH VARIANCE AND STREET RECONSTRUCTION VARIANCE AND 3 . . . REGULAR CITY COUNCIL MINUTES JANUARY 10, 1994 - PAGE 4 DIRECT STAFF TO PREPARE FINDINGS OF FACT. Applicant: Whitley Mott. Location: 24850 Yellowstone Trail. Nielsen reviewed the proposal of Whitley and Linda Mott to purchase a portion of property located at 24850 Yellowstone Trail owned by Cory and Mary Kruckenberg. The Motts will purchase the northerly lot and the Kruckenbergs will retain the lot containing their home. The Motts originally applied for a lot width variance which would have created a flag lot. The property contains about 5.5 acres and is potentially subdividable into more than 2 lots. Rather than grant a lot width variance, the staff and Planning Commission addressed the future subdivision and suggested platting a dedicated city street with a cul-de-sac, but not require the applicant to pave the street or install the public utilities to the other lots. Final resolution of this application should stipulate that any further subdivision of this property requires the road to be constructed along with installation of the sanitary sewer system. The Planning Commission unanimously recommended approval of the Subdivision Ordinance variance subject to the stipulations set forth in Nielsen's December 7, 1993 memorandum. Consideration of this recommendation requires a public hearing. Mayor Brancel opened the public hearing at 7:23 p.m. Mr. Keith Monjak, 6140 Pleasant Avenue, expressed concern regarding access of emergency vehicles to the back lot when it is developed. Nielsen stated the access issue had to do with whether the lot had frontage on a public street and if there were more than one home, emergency access would be an issue. However, it is proposed that Mr. Mott obtain an incidental use of right-of-way permit on the dedicated public street to allow a driveway to Yellowstone Trail and when the lot is split further, a City street would have to be constructed which would provide emergency vehicle access. Nielsen explained which lots front the golf course. He reiterated that the City's interests are protected by attached conditions for further subdivision. Mayor Brancel closed the public hearing at 7:26 p.m. Lewis observed that the application has moved through the Planning Commission and Mr. Mott has cooperated diligently with the staff to foresee any problems that may occur in the future. Lewis moved, Daugherty seconded to direct the staff to prepare a findings of fact resolution approving the preliminary plat subject to the staff recommendations for Whitley Mott, 24850 Yellowstone Trail. Motion passed 4/0. 5. RECONSIDERATION OF STREET LIGHT INSTALLATION - BRENTRIDGE DRIVE 4 . . . REGULAR CITY COUNCIL MINUTES JANUARY 10, 1994 - PAGE 5 Nielsen reviewed the request petitioned by a number of Brentridge Drive residents for installation of street lights in their neighborhood. At its November 30 meeting, the Council authorized lights at 2 locations where Brentridge intersects with Howard's Point Road. Subsequently, a resident who did not sign the petition brought to the staffs attention a 1988 petition from Howard's Point Road residents who opposed additional street lights in their area. In view of this, Nielsen stated the order for lights has been delayed until affected residents were notified and their input received. He indicated that based on telephoned and written comments received, Howard's Point Road residents continue opposition to additional lighting. Nielsen noted, however, a common suggestion is for installation of an additional street light at the intersection of Smithtown Road and Howard's Point Road. Nielsen pointed out that notices were mailed to the residents last week resulting in a short time for residents to respond. In view of the short response time, Nielsen recommended the matter be tabled to January 24 to allow adequate time for interested parties to respond. Mayor Brancel opened a public forum at 7:30 p.m. Charles Christian, 5905 Howard's Point Road, stated his residence is located where the light is proposed and that his property is adjacent to black top on 3 sides due to the construction of the Brentridge Addition. He expressed strong opposition to any additional lighting which would adversely affect his locality. He explained the desire of the residents to retain the rural natural setting of their neighborhood. He stated lighting does not provide security or deter vandalism. He reiterated opposition to the additional lighting proposed, but agreed that a street light at Howard's Point Road and Smithtown Road would be appropriate to increase safety at the narrow and dark corner. Beverly Ginther, 5790 Brentridge Road, representing the current petitioners, explained the group was not aware of the existence of the 1988 petition. She empathized with the views expressed by the Howard's Point Road residents. Ginther outlined the reasons for the request for additional lighting: problems with vandalism and concern for the safety of middle-school age children walking to and waiting for school buses. A solution to change the location of the bus stop at the Howard's Point Road intersection is being pursued with the school district; however, Ginther stated that installation of a light at the Howard's Point Road/Smithtown Road intersection could be reasonable compromise. She acknowledged, however, that affected residents should be contacted for their input to that suggestion. An alternative suggestion proposed by Ms. Ginther was that the City assist in pursuing relocation of the school bus stop by contacting school district officials. Jerry Brekke, 27450 Pine Bend Road, stated many residents did not receive adequate notice of the meeting and suggested they be allowed an opportunity to voice their opinions at a future meeting. Mayor Brancel closed the public forum at 7:50 p.m. 5 . . . REGULAR CITY COUNCIL MINUTES JANUARY 10, 1994 - PAGE 6 The Councilmembers discussed the alternatives and concurred with the suggestion that the City contact school officials regarding the possibility of re-Iocating the bus stop for the middle-school age students in the subject area. In addition, it was agreed that affected residents be notified of proposed additional light installation so they may provide their input. Lewis moved, Daugherty seconded to table to January 24,1994, consideration of street light installation - Brentridge Drive. Motion passed 4/0. 6. A MOTION TO APPROVE FINAL PLAN AND FINAL PLAT - GIDEON'S WOODS P.U.D. Mayor Brancel inquired whether the developer had additional comments regarding his application for a final plan and plat for Gideon's Woods P.U.D. Mr. Fred Katter, representing Katter Development, had no comments. Nielsen reviewed 11 issues outlined in his memorandum dated January 8, 1994 and recommended they be incorporated into the development agreement and/or be included as modifications to the protective covenants. He referred to communications dated January 7 and 10, 1994 received from Ms. Laura Turgeon and stated most of the concerns raised are addressed in the standard development agreement. With regard to the concern the units could become rental properties, Nielsen stated that the City cannot legally stipulate that the units must be limited to owner occupied. Nielsen explained how each of Ms. Turgeon's concerns have been addressed. Nielsen recommended approval of the final plan and final plat subject to the staff recommendations detailed in his January 8, 1994 memorandum. Nielsen responded to Councilmembers' questions regarding the relocation, preservation and maintenance of the Gideon home, garages, landscaping, construction schedule, and location and use of a pathway on the property. Mr. Katter agreed to grant a pedestrian easement through his property. Lewis moved, Benson seconded to adopt RESOLUTION NO. 94-10, "A Resolution Approving the Final Plan and Final Plat of Gideon's Woods P.U.D., subject to the staff recommendations. Motion passed 4/0. 7. CONSIDER ADOPTION OF ORDINANCES A. Relating to the Uniform Fire Code 6 . . . REGULAR CITY COUNCIL MINUTES JANUARY 10, 1994 - PAGE 7 Hurm stated the proposed ordinance amends the City Code to adopt the Uniform Fire Code - rules and regulations of the Fire Marshal Division of the Minnesota Department of Public Safety - as the Fire Code for the City of Shorewood. Benson moved, Lewis seconded to adopt ORDINANCE NO. 283, "An Ordinance Amending Chapter 508 of the Shorewood City Code Adopting the Uniform Fire Code." Motion passed 4/0. B. Relating to the Open Burning Code The Council discussed the first reading of a proposed ordinance which will establish guidelines for burning within the City, require a permit issued by the Fire Department and provide for a fee to be charged for certain open burning permits. 8. CONSIDER AN AMENDMENT TO CHRISTMAS LAKE ROAD PARKING RESTRICTIONS Benson briefly reviewed the request of Mr. Bill Maddy, 5780 Christmas Lake Road, to remove the parking restriction in front of his residence and stated Mr. Maddy wishes to withdraw his request. Benson informed the Council and staff that Mr. Maddy and the other residents in the neighborhood prefer that a change to the parking restriction ordinance be developed to simplify citizens' use of short-term parking in neighborhoods. Benson moved, Daugherty seconded to table consideration of an amendment to the City Code with respect to on-street parking. Motion passed 4/0. 9. A MOTION TO ADOPT A RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT - BRYNMAWR SUBDIVISION FOR PEMTOM DEVELOPMENT Dresel stated a request has been received and processed from Mr. Herbst of Pemtom Corporation for a determination of the feasibility of providing public facilities for the development by the City. The report indicates the project is technically feasible. The majority of the costs would be assessed to the developer with the exception of the water main. Mr. Herbst is, however, considering options with respect to delivery of water to the development. Dresel pointed out that if water is extended to the development from the City's Boulder Bridge system, the system will reach its capacity. He indicated that increasing fire protection in that area for the "public good" and how it will be funded must be addressed. Discussions continue with the developer with regard to the issue. Dresel recommended the Council accept the feasibility report and set a public hearing on February 14, 1994 on the proposed improvements. 7 REGULAR CITY COUNCIL MINUTES JANUARY 10, 1994 - PAGE 8 . Lewis moved, Benson seconded to adopt RESOLUTION NO. 94-11, "A Resolution Receiving Report for the Public Improvements to the Brynmawr Single Family Housing Project." Motion passed 4/0. 10. PARK - No report. 11. PLANNING - Report by Representative Commissioner Pisula reported on the discussions and actions taken by the Planning Commission at its meeting on January 4, 1994, and noted the recommendations will come before the Council for its consideration at its January 24, 1994 meeting. Nielsen clarified the City's current position regarding roof pitch standards and other temporary structure requirements in response to Mayor Brancel's inquiry. 12. MATTERS FROM THE FLOOR - None. 13. DISCUSSION ON POLICY ISSUES . A. B. C. Report on 1993 Objectives Review of Mission Statement Identification of Issues to be Addressed in 1994 Hurm directed the Council's attention to the report reviewing the status- of objectives for the year 1993 and a list of issues identified by the staff to be addressed in 1994. He read the City's Mission and Value Statements. Hurm indicated the Council may contact him with any changes or additions to the subject documents. The Council will consider 1994 objectives at a future work session. D. Part-Time Traffic Enforcement Specialist Police Chief Richard Young referred to his memorandum dated December 10, 1993 outlining details regarding a proposal to hire a part time traffic enforcement specialist to work traffic complaint areas in Shorewood. The Council discussed the proposal and Young responded to questions. In general, the Council agreed the cost of the funding the position is acceptable in view of the benefits to be gained by the City with regard to traffic problems. Lewis moved, Daugherty seconded to authorize the staff to continue working with Police Chief Young in the hiring of a part-time traffic enforcement specialist to enforce laws in traffic complaint areas in the City of Shorewood. . Motion passed 4/0. 8 REGULAR CIlY COUNCIL MINUTES JANUARY 10,1994 - PAGE 9 . Young briefly reported on use of the computerized traffic monitoring device and noted that cold weather and snow removal limit its use to information gathering rather than enforcement. 14. ADMINISTRATOR AND STAFF REPORTS A. Proposed Plan to Update Information System Hurm reviewed the proposed plan to update the City's information system developed and recommended by the staff. The plan includes entering into an agreement with a technology consultant to assist the staff in evaluating its existing system and current and future data processing requirements. Action requested is to authorize an expenditure not to exceed $2,730 for the service described. The Council discussed the proposed plan and staff responded to questions. The Council concurred with and supported the basic intent of the staffs recommendation and the need for review of the City's data processing and information system. It was the consensus of the Council that staff conduct further evaluations of the needs segment of the proposal including surveying similar sized cities regarding existing software and consultants used, and that the staff re-introduce the proposal to the Council for its consideration at the next meeting. . The meeting recessed at 9:05 p.m. and reconvened at 9: 15 p.m. Hurm reported that Councilmember Stover requested the City's Rental Housing Code be placed on the January 24 meeting agenda for discussion. The Council requested the staff to prepare a synopsis of the current ordinance and a summary of comments received for consideration at the January 24 meeting. 15. MAYOR AND CIlY COUNCIL REPORTS A. Report on Lake Access Meeting with the LMCD - Daugherty Daugherty reported on discussions held by the LMCD task force and the DNR. Provision of additional access to Lake Minnetonka within the Shorewood area to promote and enhance the public's ability to use Lake Minnetonka yet maintain the interests of Shorewood residents will be evaluated and a proposal will be considered by the Planning Commission. . Daugherty commented on the interpretation of the recently enacted sump pump ordinance amendment with respect to the requirement of installation of hard piping wherever a sump exists. Nielsen explained the provisions of the amendment, reported on complaints received following inspections, and described possible action by the Council. Following discussion, the Council directed the staff to advise those residents with noncompliance notices to delay work required for compliance and that administration of the ordinance requiring hard piping be temporarily suspended until such time that the ordinance is reconsidered and amended. 9 . . . REGULAR CITY COUNCIL MINUTES JANUARY 10, 1994 . PAGE 10 B. Minnetonka School District - Tax Levy The Council briefly discussed the December 17, 1993 response received from the Superintendent of Schools relative to controlling tax levies. The Council generally agreed that a meeting with school officials and representatives of the local communities would be mutually beneficial. 16. ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS Mayor Brancel announced the Work Session will be rescheduled. Daugherty moved, Lewis seconded to adjourn the meeting at 9:35 p.m., to an Executive Session, subject to the approval of claims, and to reschedule the Work Session to a future date. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSavers Secretarial Services ATTEST: J c ~ tlN) S C. HURM, CITY ADMINISTRATOR 10