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062794 CC Reg Min t.,., . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JUNE 27, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Daugherty at 7:05 p.m. A. Pledge of Allegiance B. Roll Call Present: Acting Mayor Daugherty; Councilmembers Benson, Lewis and Stover; Administrator Hurm, City Attorney Keane, Planning Director Nielsen, and Finance Director Rolek. Absent: Mayor Brancel. c. Review Agenda Stover moved, Benson seconded to approve the agenda for June 27, 1994, amended by adding Item 3.D. A Motion to Award Bid for Joint Sealcoating Project to the Consent Agenda, and adding Item 4.E. Park Commission Report, to the Regular Agenda. Motion passed 4/0. 2. APPROVAL OF MINUTES City Council Regular Meeting and Executive Session Minutes - June 13, 1994 Lewis moved, Stover seconded to approve the Regular City Council Meeting and Executive Session Minutes of June 13, 1994. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Daugherty read the Consent Agenda for June 27, 1994. Benson moved, Stover seconded to approve the Consent Agenda and to adopt the Resolution and Motions therein: A. Motion to Approve Renewal of Assessing Contract. Southwest Assessing, September 1, 1994 through August 31, 1995. . . . . . REGULAR CITY COUNCIL MINUTES June 27,1994 - PAGE 2 B. RESOLUTION NO. 94-51, "A Resolution Permitting a Shorewood Property Owner to Connect to the Excelsior Municipal Water System. Applicant: James Robin. Location: 23405 Academy Avenue. C. Motion to Approve Block Parties. Mallard Lane, July 4, 1-8 p.m. and Brentridge Drive, July 17,3 p.m. D. Motion to Award Contract to Aztech Corporation, St. Cloud, MN, in the amount of $38,060.57 for Shorewood's Share of Joint Seal Coating Project. Motion passed 4/0. 4. PLANNING - Report by representative Commissioner Pisula reported the Commission's June 21 meeting was rescheduled to Tuesday, June 28. A. Motion to Adopt a Resolution Approving a Final Plat - Waterford 7th Addition. Applicant: JMS Equities. Nielsen explained that this final plat splits the remammg outlot for the Waterford commercial portion into three sites as previously approved. Site plans are subject to review by the Planning Commission and Council. Stover moved, Benson seconded to adopt RESOLUTION NO. 94-52, "A Resolution Approving the Final Plat of Waterford 7th Addition." Motion passed 4/0. B. Motion Directing Staff to Prepare a Findings of Fact for the Concept Stage Plan - Heritage P.D.D. Applicant: Abingdon Development Corp. Location: South of Edgewood Road approximately 700' East of Howard's Point Road. Nielsen referred the Council to the June 1 staff report, the June 7 Planning Commission minutes, correspondence from residents, and a June 23, 1994 letter from Charles E. Dillerud, Director of Land Development, Abingdon Development Corporation/Tony Eiden Company. Nielsen noted the application will be reviewed by the Park Commission at its June 28 meeting with respect to the Planning Commission's recommendation that the wetland island be dedicated to the City in lieu of Park fees. Acting Mayor Daugherty acknowledged receipt of letters dated June 8, 1994 from Ross W. Putnam and June 24, 1994 from Kurt & Julie Scheurer both stating opposition to approval of this application. Mr. Dillerud directed the Council's attention to his June 23 letter regarding the Heritage PUD Concept Plan and the residents' letters referenced above. Dillerud complimented the Planning Commission and its Chair for the organized and fairly conducted June 7 Public . . . . . REGULAR CITY COUNCIL MINUTES June 27,1994 - PAGE 3 Hearing on the application. He commented on the conditions attached to the Planning Commission's approval recommendation, explained how the Corporation intends to comply with each condition, and outlined the impact of certain conditions on the project and on the City. Dillerud discussed the 35,000 square foot minimum lot size condition recommended by the Commission. He indicated it would reduce the project lot count by 4 homes resulting in a negative impact to both the developer and the City. He appealed to the Council to exclude that condition from its action based on the negative impact on the project and the community of the restriction and because the density and lot size in the proposal are consistent with the City's Comprehensive Plan and the PUD section of the City's Zoning Ordinance. He pointed out, further, that the lot size minimum imposed by the Commission (in the case of this application) is an unstated policy with substantial implications to the applicant and suggested that such limitation be stated in the Ordinance in order that developers have all the information when designing projects. Dillerud stated this project is not intended to address the issue of affordable housing given the high cost of land and the characteristics of the property. He reiterated, however, that the proposal is consistent with the development of the property as specified by the City's Comprehensive Plan. Councilmembers discussed the proposal. Lewis requested clarification regarding lot size flexibility provided by P.U.D. provisions. Nielsen explained that for a residential project, Shorewood's regulations provide that a net density is calculated by subtracting the wetlands and roadway area, and P.U.D. regulations allow flexibility in the zoning standards while maintaining the requirements and character of adjacent districts and area. Nielsen indicated the proposed density of the project as calculated by the developer would be .78 units per acre. Stover pointed out that while the configuration of the property may not allow a specified minimum lot size, concept plan approval may provide for plats averaging 1/40,000 square feet of area as required by the zoning ordinance. Nielsen reiterated that while the concept plan does not specifically layout the lots, the Planning Commission expressed concern that a number of the lots appear to be small (in the 20,000 sq.ft.range) relative to others in the area. Nielsen provided comparative data from other recently approved developments and pointed out the Ordinance provides for a density range of 0 to 1.0 units per acre. Mr. Jeff Stebbins, 26980 Edgewood Road, stated larger lots on Edgewood Road outnumber smaller lots, explained his interpretation of the developer's use of the 2 large existing lots and the island in calculating the lot-size averaging in the proposal. He indicated the residents are concerned that this results in a significant number of smaller-sized lots in the project. Stover noted that in previous Council action, a minimum lot size has not been specified at the concept stage. Lewis supported the Planning Commission's recommendations, but suggested that the 35,000 sq.ft. lot size minimum be deferred for resolution as the application progresses through the approval process. . . . REGULAR CITY COUNCIL MINUTES June 27, 1994 - PAGE 4 Lewis moved, Benson seconded to direct the staff to prepare a findings of fact for the concept stage plan - Heritage P.U.D., as recommended by the Planning staff modified to include the Park Commission's recommendations. Motion passed 4/0. C. Motion to Adopt a Resolution Approving a Preliminary Plat - Johnson Hollow. Applicant: Daniel Johnson. Location: 27920 & 27944 Smith town Road. Nielsen briefly reviewed the request to acquire a parcel containing a tennis court and recommended approval of the preliminary plat. Stover moved, Lewis seconded to adopt RESOLUTION NO. 94-53, "A Resolution Granting Preliminary Plat Approval for Johnson Hollow." Motion passed 4/0. D. Motion to Adopt a Resolution Approving a Preliminary Plat-R. Bowman Second Addition. Applicant: J. McNulty representing R.Bowman. Location: 20025 Manor Rd. Nielsen briefly reviewed the application which requests a change to a development agreement to allow development of an additional lot and continues to provide for future development of a City street and installation of utilities. He explained that a Joint Resolution with Deephaven allows the 2 cities to work together on the project. Staff recommends approval of the preliminary plat application. Stover moved, Lewis seconded to adopt RESOLUTION NO. 94-54, "A Resolution Granting Preliminary Plat Approval for R. Bowman Second Addition." Motion passed 4/0. E. Park Commission Report - None. (Meeting June 28, 1994.) 5. CONSIDERATION OF APPROVAL OF A GRANT APPLICATION TO PROVIDE SANITARY SITE DISPOSAL FOR WATERCRAFT AT HOWARD'S POINT MARINA Mr. Jerry Brecke, speaking on behalf of the Howard's Point Marina, noted that installation of a boat sewage pump-out station will have less than 1 % impact on revenue, is beneficial for the lake, and fulfills requirements of governmental agencies. Stover moved, Benson seconded to approve installation of a boat sewage pump-out station on the Howard's Point Marina at 5400 Howard's Point Road. Motion passed 4/0. 6. CONSIDERATION OF REQUEST TO WAIVE PENALTY FEE Rolek reviewed a resident's request to waive a utility penalty fee and recommended denial of the request based on previous action by the Council on similar requests. He indicated the Postal Service has been made aware of several incidents of the apparent loss of mail. While the Councilmembers sympathized with the resident's dilemma, they reiterated its . . . REGULAR CITY COUNCIL MINUTES June 27, 1994 - PAGE 5 policy position that mail service is not under the City's jurisdiction therefore nonreceipt of utility payments is beyond its control and agreed to deny the request consistent with previous actions. Lewis moved, Benson seconded to deny the request to waive a penalty fee for Howard J. Strauss, 4967 Devonshire Circle, Shorewood. Motion passed 4/0. 7. REPORT FROM LIQUOR COMMITTEE Acting Mayor Daugherty, representing the Liquor Committee, read the City's statement dated June 27, 1994 announcing the closure of the Municipal Store for one day, suspending sales on Monday, July 4, 1994, and outlining actions taken with respect to a recent liquor sale to a minor and steps taken to assure that under age persons cannot purchase liquor at the City's liquor store. 8. REPORT ON LEVY ADJUSTMENT FOR 1994 LMCD BUDGET AND OTHER LMCD MATTERS - LMCD Representative Rascop Mr. Robert Rascop reported that the LMCD board adjusted its 1994 budget affecting the City's levy amount resulting in a $7,875 refund to Shorewood. A formal presentation of the 1995 budget will be made in July. Rascop reviewed issues currently before the LMCD board including a proposed dock and land lighting ordinance, a request by Wayzata to build a dock along the lake, and dock licensing involving property in Shorewood. He requested the City to communicate its position regarding these issues to the LMCD. Rascop reported the dissolution of the Lake Access Task Porce following completion and distribution of its report and reviewed the current milfoil harvesting program. 9. MATTERS FROM THE FLOOR - None. 10. DISCUSSION ON POLICY ISSUES - None. 11. ADMINISTRATOR AND STAFF REPORTS A. Report on Status of Sump Pump Inspection Program Hurm directed the Council's attention to the June 16, 1994 Pinal Report on MWCC Matching Grant for the Shorewood Infiltration/lnflow Control Grant and letters sent to selected residents regarding the City's sump pump inspection program. Hurm noted that under provisions of the matching grant, submission of the report to the MWCC includes a request for the remainder of the City's grant funds (total $10,000). B. Report on City of Victoria's Grant Application to Control Eurasian Watermilfoil from Lake Virginia The Council interposed no objection to the City's support of a grant application from the I ' .. . . . REGULAR CITY COUNCIL MINUTES June 27, 1994 . PAGE 6 City of Victoria for management of Eurasion watermilfoil in Lake Virginia and authorized the Administrator to communicate that support to the Minnesota Department of Natural Resources. Rolek briefly reported on the City's Spring clean-up program noting that the per household cost remains at $7.00. Keane reported that a qualified expert has been identified to assist the City with technical details related to the City's dispute with the MWCC and requested the Council's authorization to continue negotiations with the individual. The Council concurred with Keane's recommendation, directed that negotiations proceed for a Phase I agreement with Richard L. Voigt, Jr., and requested that particulars be provided for the Council's consideration. 12. MAYOR AND CITY COUNCIL REPORTS At the request of Daugherty, Keane reviewed the current status of the City's negotiations with its insurer to obtain reimbursement for damages related to a sewage backup in a resident's home. Lewis moved, Stover seconded to authorize the City Attorney to commence litigation to obtain reimbursement for the damages caused by a sewage backup paid to a resident by the City. Motion passed 4/0. Lewis reported that he attended a recent Mayors' meeting on behalf of Mayor Brancel. 11. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Acting Mayor Daugherty stated the Council will meet in a Work Session with the Planning Commission at the conclusion of this meeting. Stover moved, Lewis seconded to adjourn the City Council meeting subject to approval of claims at 9:12 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ~l~ ROB DAUGhERTY;ACTING MAYOR W\QAC~ J ES C. HURM, CITY ADMINISTRATOR I V