042594 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 25, 1994
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
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MINUTES
1. CONVENE CITY COUNCIL MEETING
The meeting was called to order by Mayor Brancel at 7:30 p.m.
A.
Pledge of Allegiance
B.
Roll Call
Present:
Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover;
Administrator Hurm, Public Wodes Director Zdrazil, and Planning Director
Nielsen.
C.
Review Agenda
Daugherty moved, Stover seconded to approve the agenda for April 25, 1994, with removal
of Agenda Item 6. Motion passed 5/0.
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2.
APPROVAL OF MINUTES
City Council Regular Meeting - April 11, 1994
Lewis moved, Benson seconded to approve the Regular Council Meeting minutes of April
11, 1994. Motion passed 4/1. Daugherty abstained.
3. PARK - Report by representative
A Motion to Accept the Bids for the SilverwoodjFreeman Park Improvement Project and
Award the Contract
Bruce Chamberlain, Park Planner, Hoisington Koegler Group Inc., stated 5 bids for the
Base Bid and Add Alternate #1 were submitted to the City for Silverwood Park
improvements and Freeman Park trail. The low bid was submitted by Expert Asphalt with
a Base Bid of $54,913.30 and $1,000 for Add Alternate #1 and compares favorably with the
landscape architect's estimate of $59,626 for the Base Bid and $1,300 for Add Alternate #1.
Chamberlain recommended acceptance of the low bid and that the contract be awarded to
Expert Asphalt.
Lewis inquired whether the contract includes landscaping. Hurm explained that landscaping
. work is a separate contract, will be done by volunteers and the City allocated $11,000 for
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April 25, 1994 - PAGE 2
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purchase of trees, shrubs, etc. and includes restoration and seeding. This work will be done
simultaneously with installation of playground equipment. A number of volunteers have
signed up to assist and the Tree Trust group will also assist with the landscaping work.
Stover inquired whether the Public Works Department will participate. Chamberlain
explained that a bollard designed to limit vehicle access will be constructed and installed by
the Public Works Department.
Daugherty moved, Benson seconded to accept the bids and award the contract for
Silverwood Park Improvements and Freeman Park Trail, Project #PK-4-94, to Expert
Asphalt, for a Base Bid amount of $54,913.30 and $1,000.00 for Add Alternate #1. Motion
passed 5/0.
4. PLANNING - Report by representative
Commissioner Pisula reported on the Planning Commission's April 19, 1994 Work Session.
A A Motion to Adopt a Resolution Approving a C.U.P. - Fill in Excess of 100 Cubic
Yards. Applicant: Worth Construction. Location: 6100 Cathcart Drive.
Lewis moved, Stover seconded to adopt RESOLUTION NO. 94-39, "A Resolution Granting
a Conditional Use Permit to Place Fill in Excess of 100 Cubic Yards for Bill Worth." (6100
. Cathcart Drive). Motion passed 5/0.
B. Pre application for Comprehensive Plan Amendment.
Applicant: Lundgren Bros. Inc. Location: 26620/26750/27000 Smithtown Road.
Nielsen prefaced the developer's presentation by explaining that this is an informational
discussion as the first stage in the process of amending the Comprehensive Plan to
accommodate the proposed planned unit development.
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Mr. Terry Forbord, vice president, Lundgren Bros. Inc., introduced Mark Anderson, project
manager, and John Uban, principal project planner. Mr. Forbord stated that although little
developable property remains in the City, Lundgren Brothers has assembled several parcels
west of the Minnewashta School that, with good planning and construction of quality homes,
can benefit the City at a residential low density rate of 1.3 units per acre. There are
compelling reasons to allow a slightly higher density of residential development from 0-1
units per acre to 1-2 units per acre, which requires an amendment to the Comprehensive
Plan. Forbord indicated the developer is willing to cooperate with the City relative to
whatever type of water system is adopted that is economically feasible and assessed fairly.
Using an aerial photograph, a general area map, and a general layout showing the wetlands,
Mr. Uban described the properties, their location, the surrounding areas, and the respective
density designations. He outlined the reasons, rationale and the benefits to the City for
slightly increasing the density for development of the assembled parcels. The details are
contained in Mr. Uban's April 21, 1994 letter to the City Council regarding reguiding of
Minnewashta School Property. Additional documentation regarding the Pre application for
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April 25, 1994 - PAGE 3
. a Proposed Comprehensive Plan Amendment is contained in Brad Nielsen's March 29, 1994
memorandum to the Planning Commission and City Council and in a document dated
March 1, 1994 submitted by Lundgren Bros. Construction, Inc.: "Proposed Land Use Guide
Plan Amendment for Ledin/Wartman/Minnewashta School Property of Shorewood,
Minnesota, prepared for Shorewood's Planning Commission" dated March 1, 1994.
In general, the position of Lundgren Brothers is that a development consisting of the
assembly of the three properties is more desirable than individual development of each
parcel. Forbord explained that the parcel includes surplus school property and two pieces
privately owned which when combined can be developed in an orderly manner instead of
individual subdivisions. He stated that the cost of land in Shorewood coupled with increased
development costs due to environmental considerations and assessments for the proposed
water facilities, render these parcels economically undevelopable without increasing the
density to allow for 36 units. Therefore, without increasing the density, Lundgren Brothers
cannot develop this site.
The Councilmembers discussed the proposal and the Lundgren Brothers representatives
responded to their questions and comments.
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Stover agreed that development of the property as a planned unit development with a
looped street would be appropriate. However, she disagreed with the need for increased
density because the type and size of single family homes contemplated require large lots.
Stover noted that increased density could possibly be acceptable for affordable housing, but
agreed it may be difficult to develop such housing. Forbord responded that because of the
high cost of land and infrastructure improvements, new affordable housing does not exist
in Shorewood or in the Metropolitan area. However, he pointed out that this problem is
a social issue that cannot be addressed relative to this proposal. Further, he explained that
Lundgren expects to construct homes in the mid-price range, similar to the Shorewood Oaks
development, for which a market exists.
Uban stated similarities exist with the adjacent Brentridge development which has a 1.7
density/acre; Lundgren is requesting a 1.3 or 1.4 density, 60% of the site is open space, and
the site has unique characteristics.
Brancel stated she would be agreeable to the proposal given the similarity with Brentridge
which also abuts the wetland area. She inquired whether it would be permissible to vary
the density on the property. Nielsen stated that considerable flexibility is available within
a P.U.D. in terms oflot sizes.
Daugherty agreed with Stover's concerns, particularly with regard to maintaining a lower
density for residential development as land for development in Shorewood dwindles. He
indicated a willingness to consider a slight increase in density but as close as possible to the
density designation of the property.
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April 25, 1994 - PAGE 4
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Lewis agreed that unless the City becomes involved, affordable housing may not be feasible
in Shorewood. He stated he liked the concept of the development, it is well-thought out,
but the zoning/density issue obstructs it. He stated he was not opposed to the development
but was not convinced about the density. He suggested that the matter be referred to the
Planning Commission for consideration of the merits of re-zoning the property in
conjunction with the Commission's current overall review of zoning issues.
Benson agreed with Lewis' remarks. He questioned the need for higher density and agreed
the matter should be considered by the Planning Commission. Stover stated she understood
the economic elements of the development and that occasionally the Council may take other
factors into consideration when contemplating density changes, but that economic gain for
a developer would not justify an increase in density. She agreed that the proposal should
be referred to the Planning Commission for its further review.
Lewis stated that this development when viewed in the context of others in Shorewood is
not much different and that if this proposal does not gain approval because of the density
issue, the three properties are likely to be developed piece-meal in a less complete fashion.
He indicated the Planning Commission should consider the density issues relative to the
City's remaining developable property. Nielsen stated that this development has been
designated as a P.U.D. in the Land Use Plan and noted that generally the standards for
P.U.D.s are negotiated during the development process.
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C. Consider Zoning Ordinance Amendment Regarding Parking Requirements for City
Parks.
Nielsen reviewed the proposed ordinance amendment which would relax the design
standards for parking lots in City parks. Flexibility would allow surfacing, curbing and
striping work to be delayed or possibly waived primarily because of the high cost of paving
large areas. For example, he explained that the City Hall/Badger Field parking is a year-
round, heavy traffic joint use area, whereas Freeman Park, a limited seasonal use area, has
extensive parking areas that would be expensive to pave. Following the Planning
Commission's review and a public hearing, approval of the amendment is recommended.
Lewis stated that a considerable amount of money is spent for park development and to
make a rule that the parking area may not be developed up to the standards for other City
development concerns him. He indicated that provision for this aspect of park development
including necessary funds should be incorporated into the park plans and suggested that
specific language be made a part of the ordinance to assure that such improvements are
completed in a timely manner. Lewis supported functional parking in the parks and stated
it is part of the park and even though use of the parks may be seasonal, use is during the
time when dust becomes a problem.
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Stover agreed with the desirability of timely completion of surfacing, curbing and striping
and inquired about costs of the various work. Nielsen explained that the ordinance as
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April 25, 1994 - PAGE 5
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amended does not preclude the City from completing such items, but allows flexibility to
delay such work until funds are available. He indicated that when the Council approves a
park plan or reviews the capital improvements program, the cost for such work may be
incorporated at that time. He reviewed the benefits of curbing, striping and surfacing in
park areas and commented on the costs of such work.
Daugherty stated that changing the standards for City parks is important to allow for
additional flexibility because it is necessary to be direct about making developed parks
available in the City. While parking in parks may be nice, Daugherty indicated that the
seasonal use of parks suggests that such work be completed after the park is fully developed
and when funds are available. He supported the amended ordinance providing for
additional flexibility.
Park Commissioner McCarty stated that funds are not available for the completion of
paving, curbing and striping. The Park and Planning Commissions are concerned about the
deviation from City standards, however, parks are currently being developed to the extent
possible given available funds.
Benson and Brancel agreed that the City's capital improvements program should address
the needed funds to provide for surfacing, curbing and striping in the parks. However, it
was noted that accelerated use of the parks with summer sports activities suggests that some
. provision for dust control be considered.
Stover moved, Daugherty seconded to adopt ORDINANCE NO. ,"An Ordinance
Amending Chapter 1201 of the Shorewood City Code Relating to Zoning Regulations."
Motion failed 3/2. Lewis and Brancel voted nay.
Following discussion, the Council agreed to refer the proposed ordinance amendment to the
Park Commission to develop specific language to provide that completion of the surfacing,
curbing and striping of parking areas in the City's parks be incorporated into the City's
capital improvements program.
D. A Motion to Adopt an Ordinance Amendment Regarding Chapter 1201 - Park
Dedication Fees.
Stover moved, Lewis seconded to adopt ORDINANCE NO. 290, "An Ordinance Amending
Chapter 1201 of the Shorewood City Code Relating to Zoning Regulations."
Motion passed 5/0.
E. Site Plan Review - Proposed Park & Ride Lot at Vine Hill Road Intersection.
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Nielsen explained that the Comprehensive Plan identifies park and ride lots as a way of
enhancing mass transit service in the community. He noted that the Council recently
approved a part of the City Hall parking lot to be used for a park and ride location.
Together with the MTC, MNDOT proposes to overlay the former Burger King parking lot
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April 25, 1994 - PAGE 6
for use as a park and ride location which was acquired by MNDOT in connection with the
Vine Hill road/Highway 7 intersection reconstruction project. Nielsen stated the design
plans have been reviewed and the proposed lot is consistent with zoning standards. Staff
recommends approval subject to conditions relating to curbing, lighting, maintenance, and
landscaping.
Stover inquired what the City's costs will be and requested clarification on the
encroachment. Nielsen stated there will be no costs to the City; all costs including
maintenance will be borne by the MTC and MNDOT. He explained that the minor
encroachment involves an existing building that encroaches on the property and it is likely
that customers and employees of the Video Update will make use of the parking lot.
Nielsen indicated that MNDOT appears to be unconcerned about the encroachment and
is likely to make some adjustments to the property line. A shelter and public pay phone
may be added in the future after evaluation of the use of the park and ride.
Lewis moved, Benson seconded to approve the park and ride lot as proposed by MTC and
MNDOT, subject to the conditions recommended by the staff. Motion passed 5/0.
5. A MOTION TO APPROVE A REQUEST TO CHANGE ANTENNAS ON THE
WATER TOWER - CELLULAR ONE
Ted Olson, property manager of Cellular One, introduced Max Thompson, system
development manager. Mr. Olson stated that in February 1990 a conditional use permit was
granted to install antennas and equipment at the base of the southeast area water tower.
The permit anticipated occasional changes to the antennas to keep current with technology.
Cellular One requests approval to replace the existing antennas. The structural aspects of
the change have been reviewed and accepted by the City Engineer. Using visuals, Olson
described the changes to be made.
Daugherty inquired what benefits the typical Cellular One user may expect from the change.
Digital technology will provide more features with improved clarity and fewer system busies.
Mr. Thompson described the problems with servicing a "black hole" area located near Hwys.
101 and 7.
Lewis moved, Stover seconded to approve the request of Cellular One to replace existing
antennas located on the City's southeast area water tower. Motion passed 5/0.
6. REOUEST OF RESIDENT TO CORRECT TRAFFIC ENCROACHMENT ON
PRIVATE PROPERTY - REMOVED FROM AGENDA
7. REVIEW OF STAFF REPORT AND RECOMMENDATION REGARDING THE
REPLACEMENT AND HIRING OF A LIGHT EOUIPMENT OPERATOR
A.
A Motion Regarding Staffs Recommendation on Filling the Light Equipment
Operator Position
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April 25, 1994 - PAGE 7
Hurm brought the Council's attention to the Public Works Department, Light Equipment
Operator Needs Analysis prepared as requested by the Council. He stated the analysis
concludes that the Light Equipment Operator position should be filled, therefore, he
recommended filling the vacant position.
Public Works Director Zdrazil responded to Lewis' questions about the analysis. Lewis
inquired whether current staff possess the necessary skills to fill the vacant Light Equipment
Operator position. Hurm stated that none currently exists to provide the needed mechanical
skills.
Daugherty moved, Stover seconded to authorize the hiring of a Light Equipment Operator
for the Public Works Department. Motion passed 5/0.
B. A Motion Regarding the Filling of the Light Equipment Operator Position
Daugherty moved, Stover seconded to approve hiring Candidate #1 contingent upon
successful completion of the remaining requirements and should any problems arise with
those elements, Candidate #2 be approved for hire contingent upon successful completion
of the remaining requirements. Motion passed 5/0.
8. MATTERS FROM THE FLOOR - None.
9.
DISCUSSION ON POLICY ISSUES - None.
10. ADMINISTRATOR AND STAFF REPORTS - None.
11. MAYOR AND CITY COUNCIL REPORTS
Request for Reconsideration of Donation of $1,000 to 1994 Fourth of July Celebration as
Budgeted
Benson moved, Brancel seconded to reconsider the Excelsior Chamber of Commerce request
for a $1000 donation to the 1994 Fourth of July celebration (denied due to failure of motion
at 04-11-94 Council meeting). Motion passed 4/1. Stover voted nay.
Brancel explained that the Chamber has inquired why the Council denied the financial
support requested for the annual celebration. She reiterated her support for the donation
because it is a small price to pay since three-quarters of the City's residents attend this
event. Stover reiterated her position that tax funds should not be donated by the Council
and stated that in the past, she has made personal contributions to support the event. Lewis
stated this particular function is beneficial to Shorewood residents and supports the
donation. Benson stated that although he has been concerned with past occurrences, he
would support this donation.
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April 25, 1994 - PAGE 8
Benson moved, Brancel seconded to approve a $1000 donation to the Excelsior Chamber
of Commerce for the 1994 Fourth of July celebration as budgeted. Motion passed 4/1.
Stover voted nay.
12. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF
CLAIMS
Lewis moved, Benson seconded to adjourn the City Council meeting to a Work Session
format subject to approval of claims at 9:05 p.m. Motion passed 5/0.
RESPECTFULLY SUBMITIED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
ATIEST:
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ES C. HURM, CITY ADMINISTRATOR
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'BARBARA J CEL, MAYOR