041095 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 10, 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 7:02 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
Stover moved, Benson seconded to approve the agenda for April 10, 1995
amended by adding 2.A. Mayor's Statement and moving 3.A. from the Consent
Agenda to the Regular Agenda as a discussion item. Motion passed 5/0.
2.
APPROVAL OF MINUTES
City Council Regular and Work Session Minutes - March 27, 1995
Benson moved, McCarty seconded to approve the March 27, 1995 City Council
Regular Meeting and Work Session Minutes amended by changing conforming to
nonconformin~ on page 4, line 6, paragraph 2, under item F. and on page 7
deleting McCarty from the list of those present at the Executive Session (changes
made refer to Council minutes). Motion passed 5/0. (Correction underlined.)
A. Mayor's Statement
Mayor Bean acknowledged the departure of Arlene Bergfalk after three years of service to the City
Council and Planning Commission as Recording Secretary.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for April 10, 1995.
Malam moved, McCarty seconded to approve the Motion on the Consent Agenda
and to adopt the Resolutions therein:
A. Motion to Adopt a Resolution Approving Setback Variance and Variance to
Expand a Nonconforming Structure. Richard Kowalsky. MOVED TO
REGULAR AGENDA.
B. RESOLUTION NO. 95-24, "A Resolution Granting a Conditional Use
Permit for the South Shore Senior Community Center." Applicant: City of
Shorewood. Location: 5745 Country Club Road.
REGULAR CITY COUNCIL MINUTES
April 10, 1995 - PAGE 2
C.
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Motion to Approve Agreement with Lake Restoration, Inc., Hamel, MN,
for 1995 Inspection of Eurasian Water Milfoil-Christmas Lake.
D. RESOLUTION NO. 95-25, "A Resolution Rescinding Resolution No. 94-
94 and Approving a Revised Final Plat of Robert S.C. Peterson 2nd
Addition. "
E. RESOLUTION NO. 95-26, "A Resolution Making Appointments to the
Shorewood Park Foundation Board of Directors." Jennifer McCarty added
4/95.
Motion passed 5/0.
3.A. Motion to Adopt a Resolution approving a Setback Variance and a Variance to Expand a
Nonconforming Structure. Applicant: Richard Kowalsky. Location: 5740 Christmas
Lake Point.
Nielsen explained this matter was moved from the Consent Agenda because the applicant requested
changes to the Resolution be made as follows: delete Deborah wherever it appears in the
Resolution, and in paragraph 3. under CONCLUSIONS, change the completion date of approved
work to June 15, 1996.
The Councilmembers accepted the changes requested by the applicant.
Stover moved, McCarty seconded to adopt RESOLUTION NO. 95-27, "A
Resolution Granting a Setback Variance and Variance to Expand a Nonconforming
Structure to Richard Kowalsky." Motion passed 5/0.
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4. MATTERS FROM THE FLOOR
Mr. Peter Rowland, a new Shorewood resident building a home on Noble Road, questioned the
rationale for selection of the Minnewashta location for the proposed water tower. He
acknowledged the property may be inexpensive and preferred from an engineering standpoint, but
expressed concern that a tower would disturb and diminish the pristine nature of the wetland area.
Rowland inquired whether a decision has been made as to the style of tower to be built, whether a
tower more aesthetically pleasing would be considered, and whether the color blue has been
chosen over a less distracting color such as taupe. Mrs. Rowland pointed out that construction of
homes in that location would provide a more advantageous tax base for the City and a commercial
area would be a better site for a water tower.
Dresel explained it is important to note that construction of a water tower is currently in the
feasibility study stage. He briefly explained the technological merits of the Minnewashta location
and suggested that other locations may be considered. Dresel indicated that style/color of a tower
has not yet been addressed, but the Council will seek and consider public input.
5 . PARKS - Report by Representative
Commissioner Dzurak referred to the minutes of the Park Commission's March 28, 1995 meeting
and invited questions. The Councilmembers had no questions.
6. PLANNING- Report by Representative
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Commissioner Turgeon reviewed the actions taken and recommendations made at the
Commission's April 4, 1995 meeting.
REGULAR CITY COUNCIL MINUTES
April 10, 1995 - PAGE 2
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C.
Motion to Approve Agreement with Lake Restoration, Inc., Hamel, MN,
for 1995 Inspection of Eurasian Water Milfoil-Christmas Lake.
D. RESOLUTION NO. 95-25, "A Resolution Rescinding Resolution No. 94-
94 and Approving a Revised Final Plat of Robert S.C. Peterson 2nd
Addition. "
E. RESOLUTION NO. 95-26, "A Resolution Making Appointments to the
Shorewood Park Foundation Board of Directors." Jennifer McCarty added
4/95.
Motion passed 5/0.
3.A. Motion to Adopt a Resolution approving a Setback Variance and a Variance to Expand a
Nonconforming Structure. Applicant: Richard Kowalsky. Location: 5740 Christmas
Lake Point.
Nielsen explained this matter was moved from the Consent Agenda because the applicant requested
changes to the Resolution be made as follows: delete Deborah wherever it appears in the
Resolution, and in paragraph 3. under CONCLUSIONS, change the completion date of approved
work to June 15, 1996.
The Councilmembers accepted the changes requested by the applicant.
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Stover moved, McCarty seconded to adopt RESOLUTION NO. 95-27, "A
Resolution Granting a Setback Variance and Variance to Expand a Nonconforming
Structure to Richard Kowalsky." Motion passed 5/0.
4. MATTERS FROM THE FLOOR
Mr. Peter Rowland, a new Shorewood resident building a home on Knoll Road, questioned the
rationale for selection of the Minnewashta location for the proposed water tower. He
acknowledged the property may be inexpensive and preferred from an engineering standpoint, but
expressed concern that a tower would disturb and diminish the pristine nature of the wetland area.
Rowland inquired whether a decision has been made as to the style of tower to be built, whether a
tower more aesthetically pleasing would be considered, and whether the color blue has been
chosen over a less distracting color such as taupe. Mrs. Rowland pointed out that construction of
homes in that location would provide a more advantageous tax base for the City and a commercial
area would be a better site for a water tower.
Dresel explained it is important to note that construction of a water tower is currently in the
feasibility study stage. He briefly explained the technological merits of the Minnewashta location
and suggested that other locations may be considered. Dresel indicated that style/color of a tower
has not yet been addressed, but the Council will seek and consider public input.
5. PARKS - Report by Representative
Commissioner Dzurak referred to the minutes of the Park Commission's March 28, 1995 meeting
and invited questions. The Councilmembers had no questions.
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6. PLANNING - Report by Representative
Commissioner Turgeon reviewed the actions taken and recommendations made at the
Commission's April 4, 1995 meeting.
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REGULAR CITY COUNCIL MINUTES
April 10, 1995 - PAGE 3
A. Motion to Direct Staff to Prepare Findings of Fact Regarding a Preliminary Plat-Birchbluff
Lakeview Addition-and Setback Variance. Applicanr Brian Fredrickson. Location: 26115
Birch Bluff Road. \
Nielsen reviewed the applicant's request to divide his prope~ into 2 lots (detailed in Nielsen's 03-
04-95 memorandum). The request for a front yard setback variance is due in part to the applicant's
12.5' right-of-way dedication for future widening of Third Street. Nielsen stated the City
Engineer's study of drainage issues concluded that it is unlikely that a new dwelling would impact
the rate of run-off to downstream properties and that an existing culvert will handle surface run-off
(detailed in Engineer's 03-17-95 letter). A grading plan has been submitted, however, Nielsen
explained that because of the flatness of the property, it may have little effect on drainage. The
Planning Commission recommends approval of the application subject to the staff conditions and
engineer's report.
Bean inquired why the public perception of a major drainage problem and the engineer's
conclusions differ. Dresel explained that the elevation of the surrounding low area is very close to
the high water mark of Lake Minnetonka, therefore, wetland water levels may depend more on the
level of the Lake than on surface runoff and drainage to and from the wetlands.
The Councilmembers discussed the drainage concerns in the area and considered remedies. The
staff responded to questions. Following discussion, the Council requested that the Engineer and
Public Works examine the affected culverts and outlets and take required corrective actions to
improve drainage in the area.
Benson moved, Stover seconded to direct the staff to prepare findings of fact
regarding a preliminary plat-Birchbluff Lakeview Addition-and setback variance,
subject to recommendations of the staff and Engineer, and subject to further study
and resolution of the area drainage problems (within 30 days-prior to
consideration of the final plat), for Brian Fredrickson, 26115 Birch Bluff Road.
Motion passed 5/0.
B. Motion to Direct Staff to Prepare a Findings of Fact Regarding a C.U.P./P.U.D. for
Shared Driveway Accesses and Hardcover Ratios. Applicant: Corky Elsen. Location:
5290 & 5300 Howards Point Road.
Nielsen reviewed the background to the applicant's application for a C.U.P./P.U.D. Mr. Elsen
completed construction of a home at 5290 Howards Point Road based on an approved site plan
which conformed to the R-1NS zoning requirements. During final inspection, it was found that
additional patios were added and the driveway had been enlarged to loop back to Howards Point
Road. Two zoning violations resulted: 1) too many driveways for the amount of street frontage;
and 2) excess hardcover area-approximately 35% rather than 25%. Before occupancy was
permitted, an escrow deposit was required to ensure the violations are corrected. (Details in
Nielsen's 03-01-95 staff report.)
The staff discouraged various alternatives including re-drawing of lot lines that required a non-
qualifying variance. Rather than remove the excess driveway and hard cover, the owner
subsequently proposed to limit the number of driveways and hard surface area on the vacant lot he
owns south of the subject property through use of a limited planned unit development. A
protective covenant would limit the southerly lot to 1 driveway and 7468 sq.ft. of hard cover area.
Nielsen stated the Planning Commission unanimously recommends denial of this proposed transfer
of development rights because, while technically acceptable, the Commission considered the
proposal inappropriate use of the P.U.D. tool.
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REGULAR CITY COUNCIL MINUTES
April 10, 1995 - PAGE 4
Thereafter, Nielsen discussed alternatives with an attorney representing Mr. Elsen and a proposed
re-drawing of lot lines that requires a variance has been submitted for the Council's consideration.
Mr. Greenstein, attorney representing the applicant, stated the applicant is unable to attend because
of medical reasons. Greenstein described the proposed plan to plat a new lot line to add 4400 sq.ft
to parcel A. The line would be parallel to other lot lines on the property and to othersjrt" the area.
He explained that a scenic easement of the resulting triangle-shaped piece would aciequately satisfy
the hardcover requirement and street frontage for Lot A to qualify for two driv~~ays.
The Councilmembers discussed the proposal and unanimously rejected MJ.:',(tJreenstein's proposal
and Mr. Corky Elsen's request for a conditional use permit. Reasqns for denial are: 1) the
Planning Commission's diligent recommendation, 2) Mr. Elsen's escrdw agreement to correct the
violations, 3) improper use of the P.D.D. concept, 4) City regulations must not be compromised,
and 4) the violations resulted from the applicant's actions to disregard parameters of the originally
approved site plan that conformed to the City's zoning requirements.
Benson moved, McCarty seconded to deny the proposal to re-draw lot lines at
5290 & 5300 Howards Point Road, to deny the application of Mr. Corky Elsen
for a C.U.P.lP.U.D., and to enforce the applicant's agreement to correct the
violations at 5290 Howards Point Road. On a roll call vote the motion passed 5/0.
C. Motion to Approve a Summary of Ordinance 298-Flood Plain Regulations.
Nielsen explained it is customary to publish a Summary of an ordinance prior to its adoption and
recommended approval of the Summary prepared by the staff for Ordinance #298-Flood. Plain
Regulations implementing previously approved amendments.
Stover moved, Malam seconded to approve for publication a Summary 0 f
Ordinance #298-Flood Plain Regulations. Motion passed 5/0.
D. Consideration of a Motion to Adopt a Resolution Authorizing Expansion of the Engineer's
Report for Watermain Extension from Smithtown Road to Eureka Road and North along
Manitou Road.
Dresel explained the Planning Commission's recommendation that analysis of two other water
system improvements be added to the current Boulder Bridge and Badger Field systems feasibility
study (Dresel's 04-06-95 letter). Additions include: a trunk main extension along Smithtown Road
from Cathcart Drive to Eureka Road and a trunk main extension along County Road 19 between
Smithtown Road and Glen Road. These improvements are related to proposed developments in
those areas. Estimated cost of adding these sections to the feasibility report is $5,000. Nielsen
and Dresel responded to Councilmembers' questions during Council discussion.
Malam moved, McCarty seconded to adopt RESOLUTION NO. 95-28, "A
Resolution Ordering Preparation of Report on Water System Improvements."
Motion passed 5/0.
E. Motion Regarding an Appeal to a Notice to Remove. Appellant: Daniel Luke. Location:
25040 Smithtown Road.
Nielsen noted this extension request did not receive timely consideration at the March 27 Council
meeting because it was misplaced (Nielsen's 04-06-95 memorandum and attachments). Assuming
the appellant would have been given 30 days to comply with the notice, the property would have to
be brought into compliance by April 27. Nielsen stated a recent inspection of the site revealed that
good progress has been made toward compliance, therefore it is recommended that Mr. Luke be
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REGULAR CITY COUNCIL MINUTES
April 10, 1995 - PAGE 5
given until April 27, 1995 to correct all violations.
Stover moved, Benson seconded to grant Daniel Luke an extension to April 27,
1995 to comply with a Notice to Remove to correct zoning violations at 25040
Smithtown Road. Motion passed 5/0.
F. Motion Regarding an Appeal to a Notice to Remove. Appellant: Keelo Ohland. Location:
25070 Smithtown Road.
Nielsen noted this extension request did not receive timely consideration at the March 27 Council
meeting because it was misplaced. Be reviewed the appellant's request for additional time to
comply with a March 3 Notice to Remove (Nielsen's 04-06-95 memorandum and attachments).
Recent inspection of this property reveals good progress toward compliance, therefore, Nielsen
recommended that Mr. Keelo Ohland be given until April 27, 1995 to correct all violations, except
removal of the large logs on the property should be completed by May 8, 1995, when road
restrictions are lifted.
Stover moved, McCarty seconded to grant Keelo Ohland, 25070 Smithtown Road,
an extension to April 27, 1995 to comply with a Notice to Remove to correct
zoning violations, except that the time for removal of the large logs is extended to
May 8, 1995. Motion passed 5/0.
7.
CONSIDERATION OF ADOPTION OF A RESOLUTION
PARAMETERS FOR A WATER SYSTEM ASSESSMENT
PROJECT
SETTING
POLICY
Mayor Bean explained that the Resolution before the Council reflects a revision of one previously
considered. The significant change appears in the Committee Make-up section that makes the City
Council a Committee of the Whole to work in conjunction with a citizen Advisory Group made up
of 1 person appointed from each of the 4 areas of the City as defined for the Comprehensive Plan
neighborhood meetings, if possible. The City Administrator, Finance Director, and City Engineer
shall be non-voting members and provide staff support. Mayor Bean reviewed the objectives of
the 3-phased municipal water system expansion and the role of the advisory group in establishing
watermain assessment policies.
Benson moved, McCarty seconded to adopt RESOLUTION NO. 95-29, "A
Resolution Setting Parameters for a Water System Assessment Policy Project.
Motion passed 5/0.
8.
CONSIDERATION OF ADOPTION OF A RESOLUTION
APPOINTMENTS TO THE W A TERMAIN ASSESSMENT
GROUP
MAKING
ADVISORY
Mayor Bean stated that through the efforts of Councilmember Stover, 3 individuals have agreed to
serve on the Watermain Assessment Advisory Group: Dave Peterka of 5540 Covington Road, Jan
Haugen of 4780 Lakeway Terrace, and John Bridge of 25810 Birch Bluff Road. The Council
agreed to amend the resolution to provide for the future appointment of a 4th representative and to
delete the word-special.
McCarty moved, Malam seconded to adopt RESOLUTION NO. 95-30, "A
Resolution Making Appointments to the Watermain Assessment Advisory Group,"
with the corrections stated. Motion passed 5/0.
REGULAR CITY COUNCIL MINUTES
April 10, 1995 - PAGE 6
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9.
REPORT ON FUNDING FOR SOUTHSHORE SENIOR CENTER
OPERATIONS THROUGH COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM (CDBG) AND CONSIDERATION OF A RELATED
PROPOSED RESOLUTION
Hurm explained that because of changes mandated by the Federal government to the Hennepin
County CDBG program, it is necessary to decrease the funding previously allocated by the City to
the Southshore Senior Center operation and to the Sojourn organization. A revised Resolution
reflecting new amounts will be considered by the Council at its next meeting. Hurm directed the
Council's attention to a resolution initiated by Senior Community Services that encourages
elimination of the cap on CDBG funds that can be allocated to social services.
The Council discussed the local ramifications of the program change and possible sources of funds
to make up the shortfall in support of the affected programs.
Stover moved, McCarty seconded to adopt RESOLUTION NO. 95-31, "A
Resolution Requesting Increased Local Flexibility in the Use of CDBG Funds."
Motion passed 5/0.
10. DISCUSSION OF POLICY ISSUES - None.
11. LMCD - Report by Representative Bob Rascop
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Mr. Rascop reviewed the current re-organization of LMCD management. He reviewed current
issues before the LMCD and the status of its programs. McCarty suggested that the LMCD report
be placed at the beginning of the Council's agenda.
Mayor Bean recessed the meeting at 8:52 p.m. and reconvened at 9:05 p.m.
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12. ADMINISTRATOR AND STAFF REPORTS
A. Attorney's Report on Proposed Agreements for Southshore Senior Community
Center Project
Keane reviewed with the Council legal documents prepared in draft form on behalf of the
Shorewood Senior Community Center (Keane's 04-07-95 memorandum and attachments).
Council discussed, asked questions, and made suggestions to the "Cooperative Agreement among
the Cities," and Lease between the Cities and the Friends of the Southshore Senior Community
Center." Additional comments from the Council should be received by Hurm or Keane by April
14 for inclusion in the final documents. The Agreement and Lease will be reviewed with the
Friends of the Center and the participating cities in the near future.
B. Engineer's Report on Local Drainage Maintenance Projects
Dresel referred to his 04-06-95 letter and attachment listing pending and completed minor drainage
maintenance projects. He requested Council review of the current criteria, approved by past
Councils, for projects funded by the Stormwater Utility. During discussion, Dresel and Hurm
responded to questions from the Councilmembers. The Council accepted the existing criteria as
outlined.
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C. Engineer's Report on Minnetonka Drive Storm Sewer Feasibility Study
Dresel referred to his 04-05-95 letter regarding investigation of a storm sewer drainage problem
along Minnetonka Drive. The Council agreed with the Engineer's recommendation that the
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REGULAR CITY COUNCIL MINUTES
April 10, 1995 - PAGE 7
feasibility study be suspended and that in view of the extent of the problem and associated cost to
alleviate it, a street/water/storm sewer project for the area be budgeted in the capital improvement
program as funds permit. Dresel indicated a follow-up report will be made on the status of a old
concrete pipe purported to exist when it is located.
D. Engineer's Report on 1995 Manhole Sealing Project
Dresel referred to his 03-27-95 memorandum to Mr. Zdrazil. This project is related to
inflow/infiltration issue with the MCWS. Additional information on this budgeted project will be
available in the future. Dresel responded to questions.
E. Report on Position Taken Regarding Senate File #1570
Hurm referred to a 04-04-95 memorandum sent to legislative representatives from himself and
Finance Director Rolek outlining the City's opposition to Senate File #1570. This Bill would
among other things impose a tax levy freeze for tax year 1996 and would severely impact
municipalities and citizens in the State. The Council concurred with the position described in the
memorandum.
F. Report on COPS FAST Officer
Hurm referred to Chief Young's 03-30-95 memorandum and attached resolution setting forth the
understanding of all the cities relating to acceptance of the Justice Department's COP FAST grant
to be used to hire an officer for Shorewood. These materials are provided for the Council's
information. The Resolution will be acted upon by the SLMPSD Coordinating Committee at its
April 19 meeting.
Hurm reported on the Association of Metropolitan Municipalities Urban Summit at which mutual
concerns were discussed. Councilmembers are invited to attend a second session scheduled for
April 13.
13. MAYOR AND COUNCILMEMBER REPORTS
Mayor Bean commented on the upcoming retirement on Lt. John Hodgdon.
14. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Benson moved, McCarty seconded to adjourn the City Council meeting at 10:32
p.m., subject to approval of claims. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
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ROBERT B. BEAN, MAYOR