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052295 CC Reg Min r . . . f ." CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MAY 22, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; City Engineer Dresel, Administrator Hurm, City Attorney Keane, Planning Director Nielsen, and Finance Director Rolek. B. Review Agenda Malam moved, McCarty seconded to approve the agenda for May 22, 1995 amended by moving Item l.D. Presentation by John Hammond, Mosquito Control to follow 4. Matters From the Floor. Motion passed 5/0. C. Appreciation to American Legion for Flag and Donation to the festival Mayor Bean acknowledged and thanked the American Legion for the donation of the American Flag which is currently flying above City Hall and their contribution to the Park Festival. 2. APPRO V AL OF MINUTES A. City Council Regular Minutes - May 8, 1995 Stover moved, Malam seconded to approve the May 8, 1995 City Council Regular Meeting Minutes amended by changing Kristine to Cristine on page 2, line 1, paragraph 7, under item 4; changing Jim Wilson Nursery to Wilson's Northwest Nursery on page 2, line 1, paragraph 14, under item 5.B.; and changing locus to locust on page 2, line 4, paragraph 14, under item 5.B. Motion passed 4. ayes I 1 abstain. (Councilmember Benson abstained.) (Corrections underlined.) 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for May 22, 1995. McCarty moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95-43, "A Resolution Approving Intoxicating Liquor License Sunday and Club." Applicant: American Legion Post #259. Location: 24450 Smithtown Road. . . . . . REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 2 RESOLUTION NO. 95-44, "A Resolution Approving Intoxicating Liquor License On-Sale Intoxicating Liquor and Special Sunday Sales." Applicant: Minnetonka Country Club. Location: 24575 Smithtown Road. C. Motion to Approve Updated Job Descriptions and Authorize the Hiring 0 f Part-time Clerical Assistants. B. D. RESOLUTION NO. 95-45. "A Resolution Approving a Single Temporary Gambling License." Applicant: Minnesota Medical Foundation. Location: Minnetonka Country Club, 24575 Smithtown Road. E. Motion to Approve a Sign Permit for Entrance Monument Signs for the Seasons P.U.D. Motion passed 5/0. 4. MATTERS FROM THE FLOOR Mr. Geoffrey Glueckstein, 6105 McKinley Circle presented a petition signed by all adult residents of McKinley Circle and McKinley Court regarding the sealcoating which was completed Fall of 1994. He expressed the neighborhood concern with the road quality and the safety hazard to adults and children using the roads for recreation. He stated the neighborhood requests that the City repave the road to a residential quality street at no additional cost to the residents. Hurm indicated the Public Works Department was familiar with the concern of the residents in the area. He reported that last Friday, a portion of the street on Vine Ridge Circle, east of Silverwood Park was re-sealcoated as a test section. This section of road will be evaluated in approximately one month and if successful, the entire street will be re-sealcoated in this manner. 4.1 PRESENTATION BY JOHN HAMMOND, MOSQUITO CONTROL Mr. Wayne Johnson, Mr. John Hammond and Ms. Laurie Hammond were in attendance to represent the Metropolitan Mosquito Control District. A brief educational video was shown. Ms. Hammond explained the dangers of LaCrosse Encephalitis and the tree hole mosquito in regards to children. She encouraged City Council to educate residents to help protect themselves with various clean-up measures. Mayor Bean recounted his personal experience with the disease and encouraged others to take preventative measures against the breeding of the mosquito. 5. MINNETONKA COMMUNITY SERVICES - Report by Representative Tad Shaw Mr. Tad Shaw reported all the programs and the accomplishments made by the Minnetonka Community Services over the past year. He also extended an invitation to the Mayor, Councilmembers and City Administrator to attend the MCES Annual Breakfast Meeting at Minnetonka Baptist Church on Thursday, May 25, 1995 at 7:30 a.m. Council thanked Mr. Shaw and Minnetonka Community Services for a job well done. Councilmember McCarty indicated the Minnetonka Community Services was an intricate part of her family's life, granting them many opportunities. 6. PLANNING - Report by Representative . . . REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 3 Commissioner Pisula reviewed the actions taken and recommendations made at the Commission's May 16, 1995 study session. A. Concept and Development Stage Plans for the Heritage P.U.D. Applicant: Abindgon Development Corporation. Location: South of Edgewood Road Approximately 700 feet East of Howards Point Road. Nielsen explained this project was suspended due to the development moratorium. He indicated the proposal is consistent with the zoning ordinances and the Comprehensive Plan. The density meets the requirements of the Comprehensive Plan of 1 unit per 40,000 square feet of land area with 23 lots including 2 existing homes. He reported the Planning Commission had requested the developer flatten a sharp curve in the west end of the street and this had been accomplished while maintaining the lots. The utilities include a pedestrian path to an island wetland area. The wetlands have a buffer strip of 35 feet and a 15 foot building setback. Nielsen reported the wetland regulations require a conservation easement over the wetland and this area will be fenced off. The developer will prepare a tree inventory to include eight inch or larger trees as part of the reforestation plan. Nielsen indicated the Planning Commission voted 5-0, with one abstention to recommend approval of the concept and development stage plan. Councilmember McCarty expressed her concern that the run-off be investigated thoroughly in regards to its impact on the wetland area. Nielsen indicated the run-off had not yet been calculated but there were NURP ponds proposed for the development. He reported the Engineer is preparing an overall report on the impact to the wetlands resulting from all the surrounding developments. The run-off issue will be addressed in detail at the fmal plat approval. McCarty moved, seconded by Malam to direct staff to prepare a findings of fact approving concept and development stage plans for the Heritage P. U . D . , Abindgon Development Corporation located South of Edgewood Road approximately 700 feet East of Howards Point Road. Motion passed 5/0. B. Concept Plan for the Shorewood Properties P.U.D. Applicant: Lundgren Bros., Inc. Location: 76.5 Acres North of Smithtown Road West of Minnewashta School. Nielsen explained the proposal is consistent with the Comprehensive Plan and the zoning ordinances. The proposal would subdivide 75.4 acres of land into 33 single-family residential lots with one existing lot. The Planning Commission voted 5-1 to recommend approval of the concept plan. The density is 1.1 unit per 40,000 square feet which is consistent with the Comprehensive Plan. The developer has created a looped road rather than a dead end or a cul-de-sac. There had been concern raised with development on the peninsula area that extends out into the wetland area. All members of the Commission did have the opportunity to walk the peninsula and do feel the site is buildable. The developer was requested to provide detail screening and a significant landscape plan to break up the homes on the peninsula. He has also moved the driveway away from the north edge of the wetland so it will meet the setback requirements. The tree removal will be kept to a minimum as custom grading is being done on the sites. The developer has asked the City to consider a different location for the proposed water tower. Nielsen indicated he had not had recent conversation with the School District in regards to this issue. A $10,000.00 per lot water connection and trunk fee will be assessed to 32 new lots and a $5,000.00 assessment to the existing home. Proposed ponding will meet the NURP standard and will be addressed funher in the preliminary plat. REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 4 . John Uban, Consultant Planner for Lundgren Bros., provided an aerial photo of the 75 acre parcel. He illustrated the four acre area which would be left as open space in the P.U.D. He then showed a diagram of the proposed development. He also provided photographs of the views as you look toward the north, east and west from the wetland Councilmember McCarty again expressed her concern with the run-off and drainage problems, indicating she had received many calls from concerned neighbors. Terry Forbord, Lundgren Bros., explained he felt the water tower may encroach the air space of the abutting lot. He also had safety concerns, with the tower that close, when maintenance work was being preformed. He hoped to find an optimum location to meet everyone's standards. Dresel explained he understood there was an agreement between the School District and the City that the water tower would be placed on their property directly behind the older school. Three years ago, the school desired to put an addition in that location. The City agreed, planning to place the water tower in a different location on the property. Dresel reported he had done some preliminary investigating as to the encroachment issue and did feel this location would not be aesthetically pleasing to future homeowners. Malam moved, Benson seconded to direct staff to prepare findings of fact approving the concept plan for the Shorewood Properties, Lundgren Bros., Inc. located at 76.5 acres north of Smithtown Road west of Minnewashta School. Motion passed 5/0. . Mayor Bean recessed the meeting at 9:25 p.m. and reconvened at 9:37 p.m. C. Discussion on Proposed Wetland Regulations - John Pastuck Nielsen explained Mr. Pastuck had asked to appear before the Planning Commission to discuss informally the wetland amendment study creating a setback from the wetlands in Shorewood. Mr. Pastuck owns a piece of property in Shorewood and last November appeared before the City Council to request a vacation of a wetland easement. That request was denied. He is concerned now with the proposed 50 foot wetland setback, 35 foot buffer and 15 foot building setback. This draft ordinance will be considered at the Planning Commission meeting on June 6, 1995 with a potential public hearing in late June or July. - - Mr. John Pastuck reported in 1987 he and a partner purchased three to four acres of land with the intent of building a twinhome and to later split off a single-family lot on the east end. Subsequently, his partner moved and subdivided the lot. In exchange for the subdivision, he gave the City a wetland easement. One and half years later, Mr. Pastuck attempted to split off the single-family lot. He was short property on the west end. He had the wetland professionally delineated and surveyed. He then came before the Council and requested a vacation of the easement which was denied. Mr. Pastuck then purchased an additional 500 feet from his neighbor to obtain the necessary square footage. The City then adopted a 25 foot setback policy and he was again short of the necessary square footage. He then purchased an additional 4500 square feet of property from the neighbor. He contacted the City and discovered the setback had now been increased to 30 feet. He then designed another house only to find the setback had been increased to 50 feet. He requested the Council let him go through with his project with a 30 foot setback rather than the 50 foot setback. . , . . . . REGULAR CITY COUNCIL MINUTES May 22, 1995 . PAGE 5 Councilmember Malam indicated it appeared the problem started with the initial subdivision and variance for the two lots. Mayor Bean indicated the Council was operating under the context of the Comprehensive Plan subject to ordinances being filled in to substantiate the Plan. Keane reiterated the standard has been adopted in the Comprehensive Plan for a wetland setback requirement of 50 feet. The Comprehensive Plan is a reasonable basis for denial of Mr. Pastuck's request. In regards to taking, the City is not physically invading the property, only enforcing a policy. The property is already being put to a reasonable use. 7. 1994 ANNUAL AUDIT REPORT . ABDO, ABDO AND EICK AND PRESENTATION OF AWARD CERTIFICATE OF ACHIEVEMENT IN FINANCIAL REPORTING Mr. Gary Groen, Auditor summarized the 1994 annual audit report for the City of Shorewood. He advised the City Council that it may be appropriate to discuss the Liquor Fund Operation in a future work session. He then presented Mayor Bean and Alan Rolek, Finance Director, with a plaque of Certificate of Achievement in Financial Reporting to the City of Shorewood for financial reporting for the fiscal year 1994. The Council and Staff congratulated Mr. Rolek for the good job done. 8. CONSIDERA TION OF A MOTION TO ADOPT ESTABLISHING A TASK FORCE TO REVIEW SNOWMOBILES WITHIN THE CITY A RESOLUTION THE USE OF Hurm reported he had prepared a draft resolution to establish a task force to review the use of snowmobiles in the City. There was Council discussion and consensus to include four residents rather than three, the possibility of delineating part of the right-of-way to be used by snowmobiles and a clause included that the Council would be required to take some type of action within 60 days of receipt of the results from the Task Force. 9. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 701 REGULATING THE KEEPING OF DOGS Hurm suggested this be considered a 1 st reading of the ordinance to allow discussion of the proposed ordinance. There was Council consensus to remove the second sentence of Subd. 3 Exceptions. This was the 1st reading of an Ordinance amending Chapter 701 regulating the keeping of dogs to be reconsidered at the June 12, 1995 Council meeting. 10. ACTION REGARDING STRUCTURE AT 25565 SMITHTOWN ROAD A. Consideration of an Order Finding Hazardous Conditions Keane indicated this was the procedure necessary for the governing body to establish that a hazardous condition existed based on inspection done by the City Staff. Notice can then be provided to the property owner to remediate property immediately. If the property owner does not comply, the City can then serve notice to the property owner and schedule a court hearing in front of a judge to ask for either repair, permanent securing or raising of the building. If the property owner does not respond in a timely manner, the City can then secure the property. Keane indicated in anticipation of serving notice to the property owner, he had contacted US West Communications . . . REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 6 to obtain whatever information was legally possible. He indicated he would also contact NSP Power Company to see if there was any way possible to disconnect the electricity. Benson moved, seconded by McCarty to approve an order for removal or repair in the matter of hazardous building located at 25565 Smith town Road. Motion passed 5/0. B . Consideration of a Order to Secure a Hazardous Building. Stover moved, seconded by Malam to approve an order to secure the vacant hazardous building located at 25565 Smithtown Road amending to be completed within five (5) days rather than ten (10) of the date of service. Motion passed 5/0. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION PROCLAIMING MAY AS OLDER AMERICANS MONTH Mayor Bean read the following resolution into record: Whereas, older Americans are significant members of our society, investing their wisdom and experience to help enrich and better the lives of younger generations; and Whereas, the Southshore Senior Center has acted as a catalyst for mobilizing the creativity, energy, vitality and commitment of older residents of Shorewood; and Whereas, through the wide array of services, programs and activities, seniors empower older adults to contribute to their own health and well-being and the health and well-being of their fellow citizens of all ages; and Whereas, on Friday, May 19, the Southshore Senior Center celebrated Older Americans Month. Now, Therefore, be it resolved by the City Council of the City of Shorewood that May 1995 be proclaimed as Older Americans Month and calls upon all citizens to recognize the special contributions of the Southshore Senior Center participants, and the special efforts of its staff and volunteers who work every day to enhance the well-being of the older persons in our City. Adopted by the City Council of the City of Shorewood this 22nd day of May 1995. Stover moved, seconded by Benson to adopt Resolution No. 95-46, "A resolution proclaiming May of 1995 as Older Americans Month". Motion passed 5/0. 12. LMCD - Report by Representative Bob Rascop Mr. Bob Rascop gave a detailed report of the current activities of the LMCD. He indicated they will be purchasing new or remodeling the old milfoil harvester. He reported there were 900 boats on the lake for the recent Crappie Contest. He indicated Bob Pillsbury will Chair the upcoming lake clean-up project. He reported on the different types of defenses against milfoiL He also commented on a new snail which has infested bodies of water as close as Detroit Lakes and the St. Croix and Mississippi Rivers and the measures being used to avoid infestation in Lake Minnetonka. 13. ADMINISTRATOR AND STAFF REPORTS A. Discuss John Grable Deck Permit Nielsen reported Mr. Grable has decided to build a smaller deck and shift it back to reduce the encroachment on the open area. He indicated this was a reasonable solution. B. Administrator's Report on Funding Options for the Senior Community Center . . . . . r REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 7 Hurm discussed the options available for funding of the Senior Community Center. There was Council consensus to request the HCHRA to acquire another bond counsel opinion regarding the legality of issuing debt and levying taxes to retire the debt in only two cities within the HCHRA area of operation. Hurm also reported his attendance at a meeting on Friday with the City Manager of Minnetonka and Jim Jones conceming recreational facilities. He also reported an invitation to the Sewage District Meeting on June 2nd. He reported he had attended this event previously and urged any interested Councilmembers to attend. C. Attorney's Report on Rental Housing Status Keane reported City Staff has secured license compliance for 133 of the total 137 rental units within the City of Shorewood. He advised the next level of enforcement is to issue a compliance order. D. Attorney's Report on Ron Johnson Litigation Keane reported he received an order from the Court of Appeals which affirms the decision of the district court that attomey fees arising from the appeal will not be allowed to Mr. Johnson by statue. There was Council consensus and direction to prepare the appropriate papers to serve notification of taxation of costs and disbursements in this matter. 14. MAYOR AND COUNCILMEMBER REPORTS A. Report by Mayor on Proposed Lease Agreement Meeting with Senior Community Center Representatives. Mayor Bean reported there is a lot of work needed yet to come to a closure on the cooperative agreement. He reported there will be another meeting tomorrow, Tuesday, May 23rd at 4:00 p.m. Mayor Bean recessed the meeting at 11:34 p.m. and reconvened at 11:37 p.m. B . Consideration of Summer Meeting Schedule There was Council discussion regarding changing the summer meeting schedule. Council consensus was reached to not change the schedule and Councilmember Benson withdrew his request. Councilmember McCarty thanked Tim Keane, Doug Malam, Brad Nielsen, Bill Keiler, Jim Wilson, Nick Ruehl, Sandy Trettel, Roxanne Martin, Mary Bensman, Ken Dallman, Leonard George, the American Legion and Tonka Men's Club and everyone involved for their help with the recent Shorewood Festival. 15. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS McCarty moved, Benson seconded to adjourn the City Council meeting at 11: 40 p.m., subject to approval of claims. Motion passed 5/0. .. " .....". REGULAR CITY COUNCIL MINUTES May 22, 1995 - PAGE 8 . RESPECTFULLY SUBMITTED, . . Lorri L. Kopishcke Recording Secretary TimeSaver Off Site Secretarial ATTEST: (\ ! \ l~~(~ JAME1 C. HURM, CITY ADMINISTRATOR "\ , i ( ... :-:">....) <G,t~N61-)..(~(~l,- ROBERT B. BEAN, MAYOR