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032795 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, MARCH 27, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:04 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, City Engineer Dresel, City Attorney Keane, and Planning Director Nielsen. B. Review Agenda Benson moved, Malam seconded to approve the agenda for March 27, 1995. Motion passed 5/0. 2. APPROVAL OF MINUTES City Council Regular and Work Session Minutes - March 13, 1995 Benson moved, McCarty seconded to approve the City Council Regular Meeting and Work Session Minutes of March 13, 1995. Motion passed 4/0. Stover abstained. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for March 27, 1995. McCarty moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the- Resolutions therein: A. RESOLUTION NO. 95-20, "A Resolution Approving a License for a Tree Trimmer." Woodsman Tree Service, Wayzata, MN. B. Motion to Approve Purchase of Walk Behind Mower from Wayzata Lawn Mower Co. for $2,360.00, Flail Mower from Long Lake Tractor & Equipment for $9,264.00, and Toro Groundsmaster from M. T.1. Distributing for $14,264.00; and to Authorize Sale of the old Groundsmaster Unit to Minnetrista Lions Club for $3,500.00 plus Sales Tax. C. Motion to Approve the Permanent Appointment of Kathleen Hebert, Senior Accountant. D. RESOLUTION NO. 95 - 21, "A Resolution Granting a Conditional Use Permit to Build on a Substandard Lot to John Hannigan." 4370 Enchanted Point. Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None. 5. PLANNING - Report by Representative . . . REGULAR CITY COUNCIL MINUTES March 27, 1995 - PAGE 2 Commissioner Turgeon reviewed the actions taken and recommendations made at the Commission's March 21, 1995 meeting. A joint session with the Park Commission at the meeting resulted in agreement that the original site for the senior community center is preferred over the alternative site (details in the minutes). As part of the action plan to implement the updated Comprehensive Plan, it is suggested that a task force be established (composed of Park and Planning Commissioners, Councilmembers, snowmobile association members, and residents) to determine whether sound data is available to evaluate residents' concerns about after-hours snowmobile operations and excessive speed and to establish procedures to eliminate the problems. A. Motion to Direct Staff to Prepare Findings of Fact for a Setback Variance. Applicant: John Grable. Location: 4720 Bayswater Road. Nielsen stated this request was tabled pending research of alleged zoning violations in the Amesbury West P. D.D. He explained that preliminary review by the staff does not support the allegations, however, a fmal report has not been completed. Therefore, it is requested the matter be continued to the April 24 Council meeting. Mr. John Grable noted the original request was made on January 9. He stated that much of the research had been done and documentation supported the fact that additions like his request already exist in the development. He inquired whether he would have the opportunity to appear before the Planning Commission again. Nielsen acknowledged that the applicant provided examples with his application. However, some . of the information is incomplete and incorrect and a review of all the property fIles has not been completed. The applicant will be invited to the Commission's April 18 meeting and the staff report will be sent to him. Malam moved, McCarty seconded to continue to April 24, 1995 consideration 0 f the setback variance request of John Grable, 4720 Bayswater Road. Motion passed 5/0. B. Motion Approving the Site Plan for the First State Bank of Excelsior. Applicant: TSP/EOS Architects and First State Bank of Excelsior. Location: 19765 State Hwy.7. Nielsen stated the plans submitted by TSP/EOS Architects, representing the First State Bank of Excelsior, for a new bank facility to be located at 19765 State Highway 7 in the Waterford commercial development, are in compliance with zoning requirements and the Waterford P.D.D. Development Agreement. A landscape plan that meets or exceeds that requested has been submitted. A sign plan that meets ordinance and the P.D.D. requirements has been submitted. Approval of the site plan and a sign permit is recommended. The staff report is detailed in Nielsen's 02-28-95 memorandum and attachments. The sign permit request is detailed in the Project Architect's 02-28-95 letter. Mr. Nick Reuhl, representing TSP/EOS, introduced Mr. Dave Peterka, Executive Vice President of the Bank. Mr. Reuhl, using visual drawings, described the site plan, the building and its location, parking, drive-through design, landscape, and signage plans. During discussion, Reuhl and Nielsen responded to Councilmembers' questions. Stover moved, McCarty seconded to approve the site plan and a sign permit for the First State Bank of Excelsior, 19765 State Highway 7. Motion passed 5/0. C. Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance and a Variance to Expand a Nonconforming Structure. Applicant: Richard Kowalsky. Location: 5740 Christmas Lake Point. . . . REGULAR CITY COUNCIL MINUTES March 27, 1995 - PAGE 3 Nielsen stated the applicant owns an existing home at 5740 Christmas Lake Point that is substandard in terms of setbacks. The property is narrow and the configuration is such that the Christmas lakeshore setback results in little buildable area. Kowalsky intends to add to the home and to build a 2-car detached garage. The addition consists of levels to accommodate bedroom space on the southern most portion of the east side of the house. The garage, built into the steep slope extending along the east side of the property, will be as far away from the lake as possible. Revisions to the original proposal now maintain an average setback of 30.5 feet. Because of the height of the uppermost bedroom level, significant grading and landscaping is required to fully screen the lowest level of the southern end of the house so only 3 levels of the home can be seen from the lake. The Planning Commission recommends approval of the revised plan with the condition that a landscape and grading plan be completed to limit the view of the lowest level of the south end of the house from the lake. Mr. Kowalsky, the applicant, and Michaela Mahady, the architect, used a model of the property to describe the proposed plans for the garage, additions, and landscaping. Kowalsky described each level noting that the total height does not exceed that allowed by the ordinance. He accepted the landscape and grading recommendations of the staff. During discussion, the Councilmembers recognized the constraints of the property, commended the creative design, and reiterated its commitment to preservation of natural aesthetic views from the lake. McCarty moved, Stover seconded to direct the staff to prepare findings of fact regarding a setback variance and a variance to expand a nonconforming structure requested by Richard Kowalsky, 5740 Christmas Lake Point, with the proviso that an acceptable landscape and grading plan be submitted. Motion passed 5/0. D. Motion to Direct Staff to Prepare Findings of Fact Regarding a C.D.P. for a Senior Community Center. Applicant: City of Shorewood. Location: 5745 Country Club Rd. Nielsen referred to the 03-05-95 staff report which reviews the plans submitted by TSP/EOS Architects for construction of a 7400 square foot, single-story senior community center on northeast corner of the City Hal1/Badger Park site. Since that date, the Planning and Park Commissions met jointly as previously reported to discuss alternative locations on the site. Nielsen reviewed the staff report which concludes that the plans meet or exceed the side yard setback, landscaping, and parking requirements. With respect to the alternative site, a request for funds to conduct additional soil testing in that location is before the Council. The consensus of the Park and Planning Commissions is that the northeast corner remains the preferred location despite concern regarding overflow parking for rental activities when the need for parking may exceed that required by the ordinance. Convenience and distance between the center's parking and the City Hall lot was a specific concern. The Commissions conceded that while the alternative location may be a superior site for the center, the additional related costs precluded further consideration and expenditure of that location. The Commissions unanimously recommend approval of the conditional use permit to construct the senior community center in the northeast comer of the City Hall/Badger Field site. During Council discussion, Mr. Rick Wessling, representing TSP/EOS, described and answered questions with respect to the driveway/street to the center. The driveway will be 24 feet wide and adequate access, turnaround, and clearance for emergency equipment is provided. Stover moved, McCarty seconded to direct the staff to prepare a findings of fact regarding a C. U.P. for construction of a Senior Community Center in the northeast corner at 5745 Country Club Road. Motion passed 5/0. . . . REGULAR CITY COUNCIL MINUTES March 27, 1995 - PAGE 4 Benson moved, Malam seconded to deny the request for funds to conduct additional soil testing on the City Hall/Badger Park property since the senior community center will be located on the original site. Motion passed 5/0. Benson expressed appreciation to the Park and Planning Commissions for their time and insightful consideration of this project. . Mr. ReuW clarified that the alternate site suggestion originated with TSP/EOS during its conceptual design work of the project. The basis for the recommendation was to provide information during the decision-making process as to the best long-term location for the center on the entire property. The Council expressed appreciation for the efforts of the architectural firm. E. Motion to Direct Staff to Prepare a Findings of Fact Regarding a C.U.P.lP.U.D. for Shared Driveway Accesses and Hardcover Ratios. Applicant: Corky Elsen. Location: 5290 & 5300 Howards Point Road. Mayor Bean stated a letter received from an attorney representing the applicant, Corky Elsen, requests that consideration of the applicant's request be postponed. Stover moved, Benson seconded to table to April 10, 1995, action on a motion to direct staff to prepare a findings of fact for a C.U.PJP.U.D. for shared driveway accesses and hardcover ratios requested by Corky Elsen, 5290 & 5300 Howards Point Road. Motion passed 5/0. F. Motion to Adopt an Amendment to Zoning Code Regulating Swimming Pool Fence Enclosures. Nielsen reviewed the background to this issue that began with a resident's concern regarding the City's current requirement for swimming pool fences. A number of nonconforming properties that existed prior to adoption of the ordinance were grandfathered. These properties were informed of the nonconformance. In the interest of protection of children, the resident requested an ordinance amendment to eliminate the grandfather rights to provide that all swimming pool fences be brought into conformity. Following extensive discussion over the past several months, including a public hearing, the Planning Commission recommends (with 1 opposing vote) adoption of a reasonable compromise amendment that requires that all swimming pools with nonconforming fences existing prior to July 1, 1985 be brought into conformance upon change of ownership of the property on which the pool is located. Notice of this requirement would be recorded on all parcels of land on which nonconforming fences are located to inform new owners of the requirement. This amendment would speed up the process of bringing the properties into conformance yet allow the current owner continued use of the existing property. During Council discussion, Nielsen and Planning Commissioner Turgeon responded to questions. Factors considered included: public comments, pool fencing as it relates to lake setbacks, perimeter fencing, gates and locks, enforcement and inspection, public safety, and parental and pool owners' responsibility and awareness. Mayor Bean stated questions regarding enforcement and of what constitutes appropriate swimming pool enclosure concern him. Malam favored requiring that nonconforming pool fencing be brought into compliance immediately. McCarty moved, Stover seconded to adopt ORDINANCE NO. , "An Ordinance Amending Chapter 1201 of the Shorewood City Code Relating to Zoning Regulations." Motion failed 312. Bean, Benson, and Malam voted nay. . . . REGULAR CITY COUNCIL MINUTES March 27, 1995 - PAGE 5 G. Consideration of a Resolution Adopting Comprehensive Plan Amendments on an Interim Basis. Nielsen stated the Planning Commission recommends Council adoption of the 1995 Comprehensive Plan Update, subject to revision, on an interim basis pending approval by the Metropolitan Council. He noted additional work is required before submission to the Metropolitan Council including Introductory Section, graphics, and land use and transportation projections. The Update is complete, however, with respect to dealing with local issues. There will be opportunity for final review of the document before submission to the Metropolitan Council and the adjoining communities in June 1995. During discussion, the Council recognized the valuable work of the Commissions and the input from residents during the neighborhood meetings and public hearing. Stover noted that housing is not covered in the document. She expressed particular concern that the lack of affordable housing in the City could jeopardize the current level of funding through property tax distribution to the City. Nielsen commented on the matter and explained that a housing plan is to be prepared and submitted separately to the Metropolitan Council. Benson moved, Malam seconded to adopt RESOLUTION NO. 95-22, "A Resolution Adopting the 1995 Comprehensive Plan Update for the City 0 f Shorewood," on an interim basis. Motion passed 5/0. H. Motion to Adopt an Amendment to the Flood Plain Regulations-Chapter 1101 of the City Code. Nielsen explained that the City amended its Flood Plain Regulations in October 1993 to comply with state and federal law changes. Adoption of the amendment was subject to review and approval by the Department of Natural Resources. Since then, the DNR cited areas for modification to comply with its requirements and to maintain the City's eligibility for the federal flood insurance program. Nielsen reviewed the revisions which are primarily technical in nature (Nielsen's 03-17-95 memorandum). The Planning Commission recommends adoption of the proposed ordinance. During discussion, Nielsen responded to Councilmembers' questions. Stover moved, McCarty seconded to adopt ORDINANCE NO. 298, "An Ordinance Amending Chapter 1101 of the City Code, Flood Plain Regulations." Motion passed 5/0. Mayor Bean recessed the meeting at 9 p.m. and reconvened at 9:05 p.m. 6. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING A TASK FORCE TO RESEARCH WATERMAIN ASSESSMENTS Mayor Bean summarized the background to the proposed resolution that would establish a water system assessment advisory committee as it relates to the 3-phased expansion of the municipal water system as included in the Comprehensive Plan. Voting members of the Committee would be 3 Shorewood residents; nonvoting members would be representatives of the Council and Planning Commission, the city administrator, finance director, and city engineer. The Committee's purpose would be to review and make recommendations to the Council on policy questions regarding water system special assessment and financing. Stover objected to creation. of the Committee because the ultimate responsibility for policy development and approval is that of the Council. She pointed out that input from interested residents could still be requested, staff time would be better utilized, and Councilmembers would be totally involved in discussion, deliberation, and decision-making. She noted that historically, the Council has failed to act upon recommendations of such committees. Bean, Benson, Malam, . . . REGULAR CITY COUNCIL MINUTES March 27, 1995 - PAGE 6 and McCarty stated the committee concept is not intended to preclude in any way the Council's duties and responsibilities, but recognizes the value of input from residents. The Council considered whether the committee concept should be revised or whether work session dates be set for Council to begin the work on policy questions related to financing the expansion of the water system. Following discussion, the Councilmembers agreed to appoint one resident from each quarter of the City to participate in Council work sessions related to water policy. Subsequently, the Council set study/work sessions dates to discuss water-related policies on April 12, April 26, May 10, and May 24, 1995. 7. CONSIDERATION OF A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR WEST END WATER IMPROVEMENTS Mayor Bean reviewed the 3 improvements proposed to be made to the Boulder Bridge Water System. The Engineer will study the proposed improvements and report to the Council as to whether each proposed improvement is feasible, whether it should be made as proposed in connection with some other improvement, and the estimated cost of the recommended improvement. Dresel stated the study will provide assistance in developing the water assessment policy. Hurm noted that while the petition received in connection with the Heritage development improvement was deemed invalid, a proper petition is forthcoming. During discussion, the staff responded to questions regarding the improvements. The cost of the study is estimated at $8,000. Stover moved, Benson seconded to adopt RESOLUTION NO. 95-23, "A Resolution Ordering Preparation of Report on Water System Improvements." Motion passed 5/0. 8. DISCUSSION OF POLICY ISSUES Closure to Sump Pump Program Hurm directed the Council's attention to a proposed letter to be sent to 11 individuals whose properties remain uninspected for compliance under the City's sump pump program. It is recommended that to bring closure to the program, the owners be notified that a satisfactory inspection must be completed by May 1, 1995 or all surcharge fees and penalties will be applied to the property and will not be waived in the future. Following discussion, the Council concurred with the recommendation as outlined by Hurm and agreed that the letter be sent to owners of property not in compliance with the sump pump program. 9. LMCD - Report by Representative Bob Rascop. None. 10. ADMINISTRATOR AND STAFF REPORTS Hurm directed the Council's attention to a City information flyer to be distributed to residents and requested early submission of changes and suggestions. 11. MAYOR AND COUNCILMEMBER REPORTS Stover noted that upon her recent return to the City, residents reported on the successful neighborhood meetings conducted on the updated Comprehensive Plan. 12. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS . . . . , .. REGULAR CITY COUNCIL MINUTES March 27, 1995 - PAGE 7 Benson moved, Malam seconded to adjourn the City Council meeting at 9:50 p. m. to a work session format, subject to approval of claims. Motion passed 5/0. During its Work Session, the Council and staff discussed water policy issues. No formal action was taken. Following the Work Session, the Council met in Executive Session. Recorder Bergfalk left at this time. Present: Mayor Bean; Councilmembers Benson, Malam, and Stover; and Administrator Hurm. Absent: Councilmember McCarty The City Council discussed Police related personnel matters. No action was taken at this time. Mayor Bean adjourned the Executive Session at 11 :20 p.m. RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: " } l\ ,'"" 1,,/ 1/. .'\ no ')1' <f-,,~YJuv\.A-"f)i .:J,--.l:-t\.ct _. ROBERT B. BEAN, MAYOR /1 -l ~^Oi C~v1 JA" ES C: URM, CITY ADMINISTRATOR !J