102494 CC Reg Min
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CIlY OF SHOREWOOD
REGULAR CIlY COUNCIL MEETING
MONDAY, OCTOBER 24, 1994
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CIlY COUNCIL MEETING
Mayor Brancel called the meeting to order at 7:02 p.m.
A. Roll Call
Present:
Mayor Brancel; Councilmembers Benson, Lewis, and Stover; Administrator
Hurm, City Engineer Dresel, City Attorney Keane, Planning Director Nielsen,
and Financial Director Rolek.
Absent:
Councilmember Daugherty.
B. Review Agenda
Lewis moved, Stover seconded to approve the agenda for October 24,1994. Motion passed
4/0.
2.
APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes - October 10, 1994
Lewis moved, Benson seconded to approve the October 10, 1994 Council meeting minutes.
Motion passed 3/0. Stover abstained.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for October 24, 1994.
Stover moved, Benson seconded to approve the motions on the Consent Agenda and to
adopt the Resolution therein:
A. A Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the
Monetary Limits.
B. RESOLUTION NO. 94-88, "A Resolution Adopting a City Insurance Agent." Ken
Jarcho Agency.
C.
A Motion to Approve an Extension for Compliance with Zoning Regulations. 60
days to 12-23-94. Appellant: Franklin J. Svoboda. Location: 25580 Nelsine Drive.
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October 24, 1994 - PAGE 2
D.
A Motion to Approve a Quote for a Contract to Repair the Woodhaven Well from
E.H. Renner & Sons, Inc., Elk River, MN, in an amount not to exceed $19,756.
Motion passed 4/0.
4. PLANNING - Report by Representative
A. Consideration of a Sign Request for City Liquor Store
Nielsen explained the sign will be placed within an allowed band below the roof line of the
store. The proposal is consistent with the overall signage plan previously approved for the
shopping center.
Stover moved, Benson seconded to approve the proposed wall sign for the City Liquor Store
at the Waterford Shopping Center. Motion passed 4/0.
B. Motion to Adopt a Resolution Approving a Simple Subdivision (2 lots). Applicant:
Ellis Pike/Steven Pike. Location: 5810 Club Lane/24845 Smithtown Road.
Nielsen emphasized that the resolution includes a statement that the 2 lots do not contain
enough land area to be re-subdivided under the current zoning ordinance. He recommended
approval of the resolution subject to review and approval by the City Attorney. The
applicants were not present at this meeting.
Lewis moved, Benson seconded to adopt RESOLUTION NO. 94-89, "A Resolution
Approving Subdivision and Combination of Real Property," subject to review and approval
by the City Attorney. Motion passed 4/0.
C. Motion to Set a Public Hearing for the Vacation of a Portion of a Conservation
Easement. Applicant: John Pastuck. Location: 20345-47 Excelsior Blvd.
Nielsen stated a staff report evaluating the applicant's request will be prepared prior to the
public hearing and recommended that a public hearing be conducted on November 29, 1994.
Benson moved, Lewis seconded to set a public hearing on November 29, 1994 on the
application of John Pas tuck, 20345-47 Excelsior Boulevard, for vacation of a portion of a
conservation easement. Motion passed 4/0.
D. Motion to Direct Staff to Prepare Findings of Fact for a Right-of-Way Permit to
Construct a Retaining Wall. Applicant: Richard Siakel. Location: 25680 Birch
Bluff Road.
Nielsen explained the applicant will submit additional detailed information to address the
staffs concerns regarding his proposal to construct a retaining wall in the boulevard portion
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REGULAR CITY COUNCIL MINUTES
October 24, 1994 - PAGE 3
of the street in front of his home. Therefore, Nielsen recommended that consideration of
the application be tabled until evaluation of the supplementary information is completed.
Lewis moved, Stover seconded to table consideration of Richard Siakel's application for a
right-of-way permit to construct a retaining wall at 25680 Birch Bluff Road. Motion passed
4/0.
E. Motion to Direct Staff to Prepare Findings of Fact Regarding Setback Variances.
Applicant: Howard Lerohl. Location: 25585 Birch Bluff Road.
Lewis moved, Stover seconded to direct the staff to prepare findings of fact regarding
setback variances, subject to the staff recommendations, for Howard Lerohl, 25585 Birch
Bluff Road. Motion passed 4/0.
F. Motion to Approve a Simple Subdivision/Lot Combination. Applicant: Wm. Pat
Cunningham. Location: 6180 Ridge Road.
Nielsen recommended approval of the applicant's request subject to staff recommendations
including evaluation of additional information received from Mr. Cunningham.
Stover moved, Benson seconded to approve the application of Wm. Pat Cunningham, 6180
Ridge Road, for a simple subdivision/lot combination, subject to the staff recommendations.
Motion passed 4/0.
G. Report on Comprehensive Plan Update
Commissioner Pisula reported that at its October 18 study session, the Commission agreed
on revisions to the Natural Resources Chapter, began review of the Community Facilities
Chapter, tabled action on the swimming pool fencing ordinance, and considered a format
for the January 1995 public meetings on the updated Comprehensive Plan. Future meeting
dates of the Commission are November 1, 15, and 22.
5. MOTION TO ACCEPT THE RECYCLING PROPOSALS AND AWARD THE
CONTRACT
Hurm stated that bids from 5 recycling service providers were considered by the Lake
Minnetonka Recycling Group. The Group recommends that the member Cities award the
contract to E-Z Recycling Inc., St. Paul, MN. Hurm noted that the 3-year contract provides
for a reduction in the monthly per household rate from $1.90 to $1.85.
Stover inquired whether problems experienced with E-Z have been resolved. Hurm
explained that problems regarding required separation of recyclables by residents and missed
collections have been corrected. Updated information on the recycling program will be
distributed by the recycling service and the Cities.
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REGULAR CITY COUNCIL MINUTES
October 24, 1994 - PAGE 4
Lewis moved, Stover seconded to accept the recycling proposal and award the contract to
E-Z Recycling, Inc., St. Paul, MN, for a 3-year period beginning January 1, 1995. Motion
passed 4/0.
6. CONSIDERATION OF APPROVAL OF A LEASE FOR THE TONKA BAY LIQUOR
STORE
Hurm explained that Tonka Bay contacted Shorewood with a proposal that Shorewood lease
and operate its liquor store. He directed the Council's attention to a draft Lease Agreement
prepared in conjunction with the Liquor Committee. The Committee recommends approval
of such an agreement. Brancel stated the manager of the Tonka Bay store is retiring.
Stover pointed out that such an agreement would be beneficial to both cities through
increased income and advantages of large quantity inventory purchases. Keane indicated the
3-year lease will include an escape provision and a cooperative operating agreement.
Following discussion, the Councilmembers interposed no objection to the City's lease and
operation of the Tonka Bay liquor store. It was noted that the City of Tonka Bay must
approve the agreement.
Benson moved, Stover seconded to direct the Liquor Committee to enter into an agreement
to lease the Tonka Bay, MN liquor store and to prepare a joint operating agreement for the
Council's consideration and approval. Motion passed 4/0.
7.
MATTERS FROM THE FLOOR - None.
8. DISCUSSION OF POLICY ISSUES - None.
9. ADMINISTRATOR AND STAFF REPORTS
A. Report on Responses Received on Letter to Neighboring Cities Regarding a
Southshore Senior Community Center
Mr. Robert Gagne, Chair of the Task Force, reported that approvals for financial support
for construction of a Southshore Senior Community Center have been received from
Greenwood, Excelsior, and Tonka Bay. Deephaven is conducting a resident survey regarding
its participation and results will be available mid-November 1994. Mr. Gagne directed the
Council's attention to informational materials distributed on architectural consultation for
the building. He requested the Council to authorize the Task Force to create a foundation
to handle funds as donated/received for the proposed Center.
Mayor Brancel supported creation of a foundation and recommended that Shorewood
authorize the Task Force to proceed with the legal work required. She suggested that to
provide and maintain continuity during the planning stages for the senior/community
building, the existence and membership of the Senior Task Force be extended to December
31, 1995. The Councilmembers acknowledged the collective value of the background work
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REGULAR CITY COUNCIL MINUTES
October 24, 1994 - PAGE 5
. conducted by the members and agreed that the Task Force should continue as an operating
group.
Brancel moved, Stover seconded to direct the staff to prepare a resolution to extend the
existence of the Senior Center Task Force to December 31, 1995 and to authorize the Task
Force to establish a foundation to administer its resources. Motion passed 4/0.
B. Report on Osha's Request
Dresel reviewed the background to the Osha sewer extension project detailed in his letter
dated October 20, 1994. He acknowledged that lack of follow-up on completion details
resulted in the improper addition of delinquent utility charges to the Osha's property tax bill.
Mrs. Margaret Osha explained that the charge is for trees to be planted on the property of
a neighbor that was affected by the sewer connection work. Dresel stated he has been
unable to contact the neighbor (Buonomo) to determine their desires regarding the
restoration work.
Following discussion, the Councilmembers agreed to make an adjustment in the Osha's
assessment for the project. Dresel stated available funds can be used to plant trees on the
Buonomo's property once a determination is made as to their restoration needs.
. Benson moved, Stover seconded to approve an adjustment of $174.00 to the account of
Margaret and John Osha, 25840 Highway Seven. Motion passed 4/0.
10. MAYOR AND COUNCILMEMBER REPORTS
Lewis inquired about an apparent controversy involving the Silverwood Trail as it relates to
the Waterford Shopping Center. Hurm indicated the Park Commission will consider the
matter at its October 25 meeting to which interested residents have been invited.
11. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Benson moved, Stover seconded to adjourn the Council meeting at 7:45 p.m., subject to the
approval of claims. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Arlene H. Bergfalk, Recording Secretary
TimeSaver Off Site Secretarial
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ARB .BRANCEL,MAYOR
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