042495 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 24, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:39 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Bean called the meeting to order at 7:39 p.m.
A. Roll Call
Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover;
Administrator Hurm, City Attorney Keane, and Planning Director Nielsen.
B. Review Agenda
Present:
Malam moved, McCarty seconded to approve the agenda for April 24, 1995
amended by adding 5.1. Discussion of Public Meeting Starting Times and moving
3.C. from the Consent Agenda to the Regular Agenda as a discussion item.
Motion passed 5/0.
2. APPROVAL OF MINUTES
A.
City Council Regular Minutes - April 10, 1995
McCarty moved, Stover seconded to approve the April 10, 1995 City Council
Regular Meeting Minutes amended by changing Knoll Road to Noble Road on
page 2, line 1, paragraph 8, under item 4. Motion passed 5/0. (Correction
underlined. )
B. City Council Work Session Minutes - April 12, 1995
Benson moved, Malam seconded to approve the April 12, 1995 City Council
Work Session Minutes as presented. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for April 24, 1995.
Stover moved, Benson seconded to amend consent agenda by removing Item D.
"Motion to Adopt a Resolution Making Appointments to the Watermain
Assessment Advisory Group". Motion passed 5/0.
Benson moved, Stover seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
A.
RESOLUTION NO. 95-32, "A Resolution Granting Preliminary Plat
Approval for Birchbluff Lakeview Addition and a Setback Variance."
Applicant: Brian Fredrickson. Location: 26115 Birch Bluff Road.
REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 2
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B.
RESOLUTION NO. 95-33, "A Resolution Denying ConcKtional Use
Permit/P.U.D. for shared driveway accesses and hard/over ratios"
Applicant: Corky Elsen. Location: 5290 and 5300 Howards Point Road.
C. Motion to Approve A Sign Permit for City of Shorewood/Silverwood Park.
MOVED TO REGULAR AGENDA.
Motion passed 5/0.
3. C. Motion to Approve a Sign Permit for City of Shorewood / Silverwood Park.
In response to Councilmember Malam, Hurm indicated the City will be installing the sign.
Malam moved, McCarty seconded to Approve a Sign Permit for City 0 f
Shorewood I SiIverwood Park. Motion passed 5/0.
4. MA TTERS FROM THE FLOOR - None
5. PLANNING - Report by Representative
Commissioner Pisula reviewed the actions taken and recommendations made at the Commission's
April 18, 1995 meeting.
A. PUBLIC HEARING - Consideration of Vacation of Part of Summit A venue
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Nielsen reviewed the request received from Theodore Rix, 23040 Summit A venue, to vacate a
portion of the street right-of-way in front of his property. This would include 15 feet in front of
two lots. Nielsen explained a similar vacation was approved in 1990 on the opposite side of the
street. He explained the original plat provided for an 80 foot right-of-way to accommodate a
meandering street due to the severe topography of the area. Subsequently, the street was placed
down the center of the right-of-way and the additional right-of-way is not needed. Nielsen
indicated staff recommends Mr. Rix's request be granted subject to a condition that the City retain a
lO-foot drainage and utility easement in place of the right-of-way.
Mayor Bean opened and closed the public hearing at 7:50 p.m. No one appeared to address the
Council.
Stover moved, Benson seconded to approve a request by Theodore Rix, 23040
Summit A venue, to vacate a portion of the street right-of-way in front of his
property subject to the condition that the City will retain a 10 foot drainage and
utility easement in place of the right-of-way. Motion passed 5/0.
B. Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance/Appeal.
Applicant: John Grable. Location: 4720 Bayswater Road.
Benson moved, seconded by Malam to postpone a motion to direct staff to prepare
a findings of fact regarding a setback variance appeal for John Grable, 4720
Bayswater Road until the City Council meeting of May 22, 1995. Motion passed
5/0.
C.
Motion to Direct Staff to Prepare a Findings of Fact Regarding a Preliminary Plat and
Variance to Allow a Lot with no Frontage on a Public Street - Zachary Woods. Applicant:
Brent Sinn. Location: 6035 Galpin Lake Road.
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REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 3
Nielsen explained the Planning Commission had reviewed a different version of this plat prior to
the development moratorium. He indicated this preliminary plat subdivides the property into four
lots rather than the previous five lots. The variance is necessary as one lot, Outlot A, will no
longer have frontage on a public street. Nielsen stated the applicant has come to an agreement with
the Galpin Lane Association to derive access to Lot 1 and Outlot A from Galpin Lane subject to
certain conditions. He indicated there will be some wetland alteration. The applicant proposes to
fill approximately 1570 square feet on the north and south ends of the wetland which he will
mitigate by a 2: 1 wetland replacement. Nielsen stated the proposed wetland alteration and
mitigation must still be approved by the Minnehaha Creek Watershed District. He indicated the
applicant has agreed to all conditions set forth in the staff report. The staff has requested an
inventory of the trees on Lots 1-3 to make a determination of how the trees will be protected. He
reported city water is not currently available to the Zachary Woods project. Staff is recommending
a $5,000.00 per lot trunk charge should be required, with an additional $5,000.00 connection fee
when the City makes the water available. Park Dedication fees will also be required prior to final
plat approval.
Mr. Brent Sinn, applicant, expressed his concern with the water assessment. In response to
Councilmember Malam, Mr. Sinn indicated he has a request for a permit with the Minnehaha Creek
Watershed District and should have a response within one week.
Malam moved, McCarty seconded to direct staff to prepare findings of fact
regarding a preliminary plat and variance for Brent Sinn, Zachary Woods located
at 6035 Galpin Lake Road, to allow a lot with no frontage on a public street
conditioned on and subject to staff recommendations, final water assessment
policies as determined, and all driveways on Galpin Lake Road have provided
turn-around access. Motion passed 5/0.
D. Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance and
Variance to Expand a Non-Conforming Structure. Applicant: Jack Kimball. Location:
4445 Highland Circle.
Nielsen explained the applicant is requesting a setback variance to construct a new attached garage
at 4445 Highland Circle. The existing garage would be converted into a main level bedroom. The
new two-car garage would be added to the front of the existing home and would require a 20- foot
front yard variance. He indicated the request satisfies the criteria for granting variances. Nielsen
indicated the staff recommends approval of granting the variance.
Stover moved, McCarty seconded to direct staff to prepare findings of fact
regarding a setback variance and a variance to expand a non-conforming structure
for Jack Kimball, 4445 Highland Circle. Motion passed 5/0.
E. Motion to Adopt a Resolution Denying an Application for Comprehensive Plan
Amendment. Applicant: Lundgren Bros., Inc. Location: 76.5 Acres North of Smithtown
Road West of Minnewashta School.
McCarty moved, Benson seconded to adopt RESOLUTION NO. 95-34, itA
Resolution Denying a Request by Lundgren Bros., Inc. for an Amendment to the
Shorewood Comprehensive Plan." Motion passed 5/0.
F.
Motion to Adopt a Resolution Approving a Preliminary Plat - Manitou Woods. Applicant:
Abingdon Development Corporation. Location: 5580 Manitou Road.
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REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 4
Nielsen noted this project had been suspended due to the development moratorium. He explained
the applicant is proposing to build two twinhomes at 5580 County Road 19. He stated staff
recommends approval of the preliminary plat.
Chuck Dillerud, representing Abingdon Development Corporation, indicated he concurred with the
recommendations of the Planning Commission regarding the project. He stated his only concern
was the water assessment.
Malam moved, McCarty seconded to adopt RESOLUTION NO. 95-35, "A
Resolution Adopting the Preliminary Plat for Abingdon Development Corporation,
Manitou Woods located at 5580 Manitou Road, conditioned on and subject to staff
recommendations and final water assessment policies as determined." Motion
passed 5/0.
G. Motion to Adopt a Resolution Approving a Preliminary Plat - Smithtown Meadows.
Applicant: Abingdon Development Corporation. Location: 25655 Smithtown Road.
Nielsen noted Abingdon's seven lot plat was suspended by the development moratorium. He
indicated Council had previously approved a plat which divided off two of the lots as the "Jaeger
Addition". This plat includes the remaining five lots. He stated the right-of-way issue with
Hennepin County had been resolved. The proposed street name has been changed to Smithtown
Way. He reported the developer has provided evidence that an old Bell Telephone easement on the
east end of the property has been abandoned. He indicated very few trees exist on the site and the
developer has agreed to replant trees along the railroad right-of-way to replace trees which are
removed. When the final plat is submitted, the developer will be required to submit a landscape
plan showing which trees will be preserved and which will be replaced. Each lot will be required
to pay a $10,000.00 trunk/availability water fee.
Benson moved, Malam seconded to adopt RESOLUTION 95-36, "A Resolution
Adopting the Preliminary Plat for Abingdon Development Corporation, Smithtown
Meadows located at 25655 Smithtown Road, conditioned on and subject to staff
recommendations and final water assessment policies as determined." Motion
passed 5/0.
H. Motion to Adopt a Resolution Approving a Preliminary Plat - Smithtown Woods.
Applicant: Clint Carlson and Brian Ohland. Location 25895 and 25865 Smithtown Road.
Nielsen reported this request had been suspended by the development moratorium. He indicated
the applicants are requesting to plat their properties into six single family lots. The plat is consistent
with zoning ordinances and the Comprehensive Plan update. The new lots will be charged a
trunk/availability water fee of $10,000.00 and the existing lots will be charged $5,000.00. The
developer has been asked to do a tree inventory to determine which trees need to be preserved,
moved or replaced. The plat is subject to review by the Minnehaha Creek Watershed District and
may require small pondage. The staff recommends approval of the preliminary plat.
Clint Carlson, 25865 Smithtown Road indicated he is pleased that water will be available at the site
but indicated concern that the timing would be right to avoid the need to install wells at the site.
Malam moved, Benson seconded to adopt RESOLUTION 95-37, "A Resolution
Granting Preliminary Plat Approval for Smithtown Woods" , Clint Carlson and
Brian Ohland, 25895 and 25865 Smithtown Road, conditioned on and subject to
staff recommendations and final water assessment policies as determined. Motion
passed 5/0.
REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 5
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1.
Motion to Approve a Modification of a Conditional Use Permit for Steve Simon, 26710
Edgewood Road.
Nielsen indicated a conditional use permit had been granted to Mr. Simon in February, 1995 for
property at 26710 Edgewood Road, to allow him to exceed 1200 square feet of accessory space on
his property. Since then, a number of changes have been completed on the property. A poolhouse
was approved to be located at the southeast corner of the proposed swimming pool. Mr. Simon is
now proposing to move the poolhouse approximately 15 feet to the east. A new conditional use
permit is not required as the change does not adversely affect any adjoining property. The revision
is, however, subject to City Council approval. There is an issue regarding an old agreement
between past owners of the property regarding hedges and fences being constructed, but it
indicates nothing in regard to buildings.
Stover moved, McCarty seconded to approve modification of a conditional use
permit for Steve Simon, 26710 Edgewood Road. Motion passed 5/0.
Mayor Bean recessed the meeting at 8:55 p.m. and reconvened at 9:04 p.m.
5.1 DISCUSSION OF PUBLIC MEETING STARTING TIMES
There was Council discussion and Council consensus was reached to change the starting times of
public meetings of City Council to 7:30 p.m.
McCarty moved, Stover seconded to start City Council Regular and Study Session
meetings at 7:30 p.m., beginning with the May 8, 1995 meeting. Motion passed
5/0.
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6.
CONSIDERA TION OF ADOPTION OF A RESOLUTION
COMMENDATION FOR LIEUTENANT JOHN HODGDEN
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Mayor Bean read the following resolution into record:
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Whereas, on February 1, 1971, John Hodgden was hired by the City of Shorewood Police
Department; and whereas, several of the many milestones of John Hodgden's police career are
listed herein: January 21, 1972 - Completed BCA Basic Police Science Course, January 1, 1973 -
Became an original member of the South Lake Minnetonka Public Safety Department, March 8,
1974 - Completed FBI and BCA Criminal Investigation Course, February 1, 1975 - Appointed a
Detective by Chief Dale Remus, April 14, 1974 -Recognized by the Minnesota Chiefs Association
with an "Honorable Mention" in the 1975 Police Officer of the Year competition for his actions in
apprehending a bank robber on June 25, 1975, October 11, 1976 - Promoted to Sergeant by Chief
Donald Davis, November 12, 1976 - Completed FBI and BCA Intermediate Command Course,
June 23, 1978 -Completed FBI and BCA Police Management Course, July 18, 1985 - Promoted to
Lieutenant by Chief Richard Young, April 28, 1995 - Whereas he is retiring. Now, therefore be it
resolved that the Shorewood City Council, on its behalf, and on behalf of the residents of the City
of Shorewood, do hereby publicly commend Lieutenant John Hodgden for 24 years of exemplary
police service to the City of Shorewood and the entire South Lake Minnetonka area. Be if further
resolved that an original executed copy of this resolution become part of the permanent record of
the City of Shorewood, and that an original executed resolution be presented to John Hodgden on
behalf of the City Council and the City of Shorewood, Adopted by the City Council of the City of
Shorewood this 24th day of April, 1995.
Stover moved, Benson seconded to adopt RESOLUTION 95-38, "A Resolution of
Commendation for Lieutenant John Hodgden". Motion passed 5/0.
REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 6
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7.
CONSIDERATION OF ADOPTION OF A RESOLUTION REVISING
PROJECTED USE OF FUNDS FOR 1995 CDBG PROGRAM FUNDS
Hurm indicated initially these funds were to be distributed as follows: Southshore Senior Center
Operation $10,986.00, Housing Plan and Implementation of Affordable Housing Strategies
$2,000.00, Sojourn Van $2,000.00, and Rehab of Private Property $2,417.00. Due to changes,
the funds now must be distributed as follows: Southshore Senior Center Operation $3,598.00,
Housing Plan and Implementation of Affordable Housing Strategies $5,000.00, and Rehab of
Private Property $9,398.00.
Councilmembers expressed their dissatisfaction with this situation.
Stover moved, seconded by McCarty to adopt RESOLUTION 95-39, "A
Resolution revising projected use of funds for 1995 (year XXI) of the Urban
Hennepin County Community Development Block Grant Program". Motion
passed 5/0.
8. ADMINISTRATOR AND STAFF REPORTS
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A. Attorney's Report on Proposed Agreements for Southshore Senior Community
Center Project - 2nd Draft
Keane reviewed with the Council the modifications made to the legal documents prepared in draft
form on behalf of the Shorewood Community Center. Council discussed, asked questions, and
made suggestions to the "Cooperative Agreement for the Southshore Senior Community Center"
and the Lease agreement between the Cities and the Friends of the Southshore Senior Community
Center. Keane indicated he would be submitting these documents to Friends of the Southshore
Senior Community Center for comment this week and the ideas will then be circulated to the other
four cities involved at the end of the week.
B. Status Report on 1995 Issues / Objectives
Hurm reviewed with the Council the report of April, 1995 regarding issue/budget objectives. He
indicated this report will be done quarterly to monitor which issues have been addressed and which
objectives have been accomplished.
C. Report on SLMPDS 1994 Financial Report
Hurm reviewed the South Lake Minnetonka Public Safety Department financial report with the
Council. He indicated this was a favorable report.
13. MAYOR AND COUNCILMEMBER REPORTS
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Councilmember Malam reported his attendance at a workshop in regards to helping youth in terms
of increasing their assets. He indicated this was a good program and was interested in getting the
City of Shorewood involved.
In response to Mayor Bean, Nielsen indicated he was on the steering committee for the Highway 7
Corridor Study. The corridor study is for the segment of Highway 7 that starts at Highway 41 and
extends to Hutchinson. He stated this may generate some changes to the Comprehensive Plan.
MNDOT has indicated it is not likely that a four-lane divided highway will extend west from
Highway 41. It is more likely that a "Super 2" highway will be installed.
Mayor Bean outlined the proposal of strategies for affordable housing report. Mayor Bean also
reported the officer for the "Cops Fast Grant Project" will be starting on May 2, 1995.
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REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 7
14. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Benson moved, McCarty seconded to adjourn the City Council meeting at 10: 12
p.m., subject to approval of claims. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Lorn L. Kopishcke
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
1~:!iL~ '-1d i~>CLt L.-
ROBERT B. BEAN, MAYOR