Loading...
061295 CC Reg Min '~ . . . . ~ ,CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JUNE 12, 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 7:36 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, and Stover; City Engineer Dresel, Administrator Hurm, City Attorney Keane, and Planning Director Nielsen. Councilmember McCarty. Absent: B. Review Agenda Stover moved, Malam seconded to approve the agenda for June 12, 1995 amended by moving Item 3.A. from the Consent Agenda to the Regular Agenda as a discussion item. Motion passed 4/0. C. Introduction of New Police Officer Chief Richard Young introduced the new Shorewood Police Officer Brian Flaherty. Councilmembers welcomed Officer Flaherty. The 2. APPROVAL OF MINUTES A. City Council Regular Minutes - May 22, 1995 Stover moved, Benson seconded to approve the May 22, 1995 City Council Regular Meeting Minutes amended by changing regarding to approvin~ on page 3, Line 2, paragraph 6 under item 7.A. and on page 4, Line 2, paragraph 5 under item 7.B. and removing Motion to Direct Staff to Prepare Findin~s of Fact Re~ardine on page 3, line 1, paragraph 2 under item 7.A. and on page 3, line 1, paragraph 7 under item 7.B. Motion passed 4/0. (Corrections underlined.) B. City Council Work Session - May 24, 1995 Stover moved, Benson seconded to approve the May 24, 1995 City Council Work Session minutes as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for June 12, 1995. Benson moved, Malam seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. Joint Powers Agreement with the City of Chanhassen to Provide Sewer and Water Service. Applicant: Dr. James and Karen Meyer. Location: Lot 1, Blk. 1, Cunningham Addition. MOVED TO REGULAR AGENDA. '-1' , . . . REGULAR CITY COUNCIL MINUTES June 12, 1995 - PAGE 2 B. RESOLUTION NO. 95-47. "A Resolution Requesting Minnesota Department of Transportation Participation in Drainage Improvements for T.H. 7 in the Seasons' Development. C. RESOLUTION NO. 95-48, "A Resolution Authorizing Entry Into Joint Powers Agreement in the Form of a Declaration of Trust Establishing an Entity Known as "Minnesota Municipal Money Market Fund" and Authorizing Participation in Certain Investment Programs in Connection Herewith. " Motion passed 4/0. 3.A. Joint Powers Agreement with the City of Chanhassen to Provide Sewer and Water Service. Applicant Dr. James and Karen Meyer. Location Lot 1, Blk. I, Cunningham Addition. Mayor Bean asked if there was Shorewood water available to this residence. Nielsen indicated there currently was no water available. He reported it would be expensive to provide water to this segment of the road due to the fact that Ridge Road was narrow and a private road. Councilmember Stover stated this was a method to provide for the resident to have water until Shorewood city water was available. Hurm stated the Council would be authorizing two agreements, one between the City of Shorewood and the owner of the property and one between the City of Shorewood, the City of Chanhassen and the owner of the property. Malam moved, Stover seconded to approve the Joint Powers Agreement with the City of Chanhassen and the Water Connection Agreement between the City of Shorewood and the owner to provide sewer and water service to Dr. James and Karen Meyer, Lot 1, Blk. 1, Cunningham Addition. Motion passed 4/0. 4.A. MATTERS FROM THE FLOOR Kathy Schaus, 6020 Whitney Circle presented a petition from the neighborhood regarding the sealcoating done last fall on Whitney Circle, Chestnut Terrace, Chestnut Court, McKinley Place, and Elbert Point. She indicated the neighbors were concerned with the present road quality. She stated the residents are requesting the street be repaved or re-sealcoated to return it to residential quality with no additional cost to the homeowners. Neighbors suggested doing the road again and using smaller stones or using a roller to smooth the road after the procedure, as this is a low traveled road. Mayor Bean indicated the Council had received a petition from another neighborhood group at the last Council meeting. He reported the City is currently performing an experiment at McKinley Circle to determine a solution to the problem. Dresel reported it was too early to determine the results. Councilmember Benson requested a report on the problem from Public Works Director and City Engineer be included on the next agenda. 5. DISCUSSION WITH KAREN BOWEN, HENNEPIN REGARDING EQUESTRIAN USE OF REGIONAL TRAIL. PARKS, Karen Bowen, Director of Operations, Hennepin Parks, was in attendance to discuss the issue of horses being allowed on the Shorewood portion of the regional trail. She cited the reasons horses REGULAR CITY COUNCIL MINUTES June 12, 1995 - PAGE 3 . w~re not allow~d on the trail~ as being safety, maintaining the surface of the trail, and consistency wIth other sections of the traIl. She stated Hennepin Parks provides 50 miles of trails for people to ride horse. Councilmember Stover referred to a request for exception to allow a handicap child to use the trail for horse riding. The horse was a method of transportation and recreation for the child. Ms. Bowen indicated the Board would consider this specific case if supplied with more information from the family. She indicated the family should contact her directly and she would present the information to the Board. Mayor Bean stated the Council would like this exception to be accommodated subject to control of the level and supervision of activity and constructive maintenance of the trail. Commissioner Wilson reported the Park Commission had unanimously recommended that recreational use of horses not be allowed on the trail following their November 22, 1994 meeting. The Council at that time did not accept the Commission's recommendation because they were concerned this was the handicapped child's only form of recreation and transportation and they felt it was not a major issue as not many horses use the trail. The City did appeal to Hennepin Parks and they again denied the use of horses on the trail. Duane Foster, 5595 Eureka Road, voiced his objection to the ban of horses on the trail. He stated the trail was not soft but so hard you could not penetrate it. He appreciated the availability of trails where horses were allowed but stated not everyone could afford a truck and trailer to transport the horse to these areas. He invited the Councilmembers to come to the path and see how the users of the path interact with the horses and see what marks the horses leave in the surface. . Richard Jensen, 19455 Vine Ridge Road, stated the trail was the only place available to ride a horse in the City. He felt the horses were not dangerous if they were kept under control. He felt Hennepin Parks should allow usage of the trail in multi-varied ways. 6 . PARKS - Report by Representative Wilson Commissioner Wilson reviewed the actions taken and recommendations made at the Commission's May 23, 1995 meeting. 7. PLANNING - Report by Representative Commissioner Turgeon reviewed the actions taken and recommendations made at the Planning Commission's June 6, 1995 meeting. A. Concept and Development Stage Plans for the Heritage P.D.D. Applicant: Abindgon Development Corporation. Location: South of Edgewood Road Approximately 700 feet East of Howards Point Road. Nielsen reported the developer had made the changes suggested by staff. He indicated the second sentence in section BA. of the resolution should be stricken. He explained section B.9. of the resolution suggested the applicant submit a revised preliminary plat that shows the cul-de-sac on the west side of the street shifted to accommodate a 50-foot rear yard setback on Lot 2 and showing Lots 10 and 11, Block 2 as a single lot. Section B.lO. of the resolution states the P.D.D. shall be connected to the municipal water system and B .11. indicates the applicant shall submit a tree inventory and reforestation plan as part of the Final Plan for the P.D.D. Nielsen indicated staff is recommending approval of the concept and development stage plans for the Heritage P.D.D. . REGULAR CITY COUNCIL MINUTES June 12, 1995 . PAGE 4 . Benson moved, Malam seconded to adopt Resolution No. 95.49, "A resolution approving concept and development stage plans amended by removing the second line of section B.4. and in section B.1l. replacing "fort" with "for", for the Heritage P.U.D., Abindgon Development Corporation located South of Edgewood Road approximately 700 feet East of Howards Point Road." Motion passed 4/0. B. Concept Plan for the Shorewood Properties P.D.D. Applicant: Lundgren Bros., Inc. Location: 76.5 Acres North of Smithtown Road West of Minnewashta School. Nielsen reported he had discussed 3 items with the developer's consultant today. The first was section l.b. of the resolution regarding the amount of required rear setback. The developer indicated he would prefer a 30 foot setback. Nielsen indicated staff recommends a 40 foot rear setback and believes there is adequate depth on both lots for this. The second item was section 1. d. of the resolution, the large setbacks to the wetland adjoining the lots on the west. Nielsen indicated the 50 foot setback does appear to create a problem with the lots adjoining the Wetland Conservation Act wetlands. He indicated staff recommends the enhanced wetland setback be maintained along the City designated wetlands only and the standard wetland setback be maintained along the Wetland Conservation Act wetlands. The third item was section l.j. of the resolution which called for an increased side yard setback of 50 feet for the two homes on the peninsula. The developer would prefer a 30 foot setback to maintain flexibility in placement of the homes. Terry Forbord, Lundgren Bros. Construction, stated he understood the benefit of the P.D.D. was flexibility. He was concerned the additional requirements would further restrict flexibility of the home sites. He asked that the requirements for the first two items remain as allowed under City Code. He felt the 50 foot side yard setback was extreme and indicated he would compromise to a 30 foot side yard setback for the homes. . John Uban, developer's consultant, indicated the developer wants to retain as much back yard as possible. He indicated the landscape between the two homes on the peninsula was critical to buffer up the two buildings. He stated the developer was in agreement with everything discussed except he would like a 35 foot buffer rather than 50 foot for the three lots on the upper edge and no restrictions on placement of the buildings on the peninsula. Nielsen indicated there had been much concern by the Planning Commission with regards to the separation of the homes on the peninsula. He indicated a specific amount of side yard setback had not been discussed but was obtained from the illustrative site plan. He indicated the enhanced setback from the wetland was not a new issue. The only new issue was the rear yard setback creating a problem for two lots. He stated Staff had recommended the flexibility of the houses being built closer to the street and applying the increased buffer to the wetland. He reported most of the lots on the west side can accommodate the setback easily. Benson moved, Stover seconded to refer the Shorewood Properties P. U . D. concept plan back to the Planning Commission for determination of these issues. Nielsen suggested as this was only the concept stage approval it may be appropriate to approve the resolution and leave item l.b. to be determined and I.d. to be determined at the development stage. Staff can then layout the specific setbacks and determine what is feasible. Benson and Stover concurred to withdraw the motion on the floor. . Benson moved, Stover seconded to adopt Resolution No. 95.50, "A resolution approving the concept plan for the Shorewood Properties, Lundgren Bros., Inc. located on 76.5 acres north of Smithtown Road west of Minnewashta School . . . REGULAR CITY COUNCIL MINUTES June 12, 1995 . PAGE 5 changing item 1.j. to 30 feet and item 1.b. and l.d to be determined at the development stage. Motion passed 4/0. Mayor Bean recessed the meeting at 9:30 p.m. and reconvened at 9:40 p.m. C. Lot Line Rearrangement and Setback Variance. Applicant: Wallace King. Location 25620 Birch Bluff Road. Nielsen reported Mr. King was asking the City to approve a subdivision and combination of his and his son's lot. He is proposing to expand his existing home. His non-conforming lot is 66 feet wide and 15,162 square feet of area. If the lot lines are moved, both lots will conform to R-1C zoning requirements. Nielsen stated Mr. King's lot abuts the Eureka fire lane and the existing home is five feet from the fire lane. The proposed addition will be 10 feet from the fire lane. There is precedence for this variance as a similar variance was granted for the fire lane on the west side of Lake William. Nielsen reported the City performed a detailed study of fire lanes and classified them for recreational use rather than vehicular access. He reported the Planning Commission recommended approval and Staff was also recommending approval of the request. Stover moved, Malam seconded to direct staff to prepare findings of fact approving a simple subdivision/combination and setback variance for Wallace King, 25620 Birch Bluff Road, subject to staff recommendations. Nielsen indicated Mr. King was requesting to obtain a building permit prior to Council approval of the formal resolution. Nielsen suggested. if approval was unanimous at the Council level, the building permit be issued prior to the formal resolution. Motion passed 4/0. Stover moved, Malam seconded to authorize the Planning Department to issue a building permit to Wallace King, 25620 Birch Bluff Road prior to formal resolution approval. Motion passed 4/0. D. Setback Variance. Applicant: Rick and Maureen Spencer. Location: 4350 Dellwood Lane Nielsen reported the Spencers' lot has a unique configuration which creates a very limited buildable area. The original owner fit the house into the prescribed setbacks. Nielsen indicated the Spencers wish to add a screen porch and a deck which encroaches on the rear yard setback. Staff is suggesting to switch the setbacks to increase the buildable area. The Planning Commission agreed to treat the lot this way and recommended granting the variance with this interpretation of the lot. Malam moved, Stover seconded to direct staff to prepare findings of fact approving a setback variance for Rick and Maureen Spencer, 4350 Dellwood Lane, subject to staff recommendations. Motion passed 4/0. Malam moved, Benson seconded to authorize the Planning Department to issue a building permit to Rick and Maureen Spencer, 4350 Dellwood Lane prior to formal resolution approval. Motion passed 4/0. E. Setback Variance/Variance to Expand a Non-Conforming Structure. Applicant: Manuel Silva. Location: 5815 Ridge Road Nielsen reported Mr. Silva is proposing the addition of an attached garage and room above the garage to the existing home at 5815 Ridge Road. He indicated the lot is large but the practical buildable area is limited due to the steep topography. There is currently a small detached garage on . . . REGULAR CITY COUNCIL MINUTES June 12, 1995 - PAGE 6 the lot which will be removed. Nielsen stated trying to force the required setback would result in an unacceptable steep grade driveway or severe site alterations. Nielsen indicated staff is recommending approval of the variance. He stated the applicant is requesting approval of the building permit prior to formal approval of the resolution. Stover moved, Benson seconded to direct staff to prepare a findings of fact regarding a setback variance/variance to expand a non-conforming structure for Manuel Silva, 5815 Ridge Road. Mayor Bean indicated he was not sure building on a marginal lot constitutes a variance. Nielsen indicated it was necessary to recognize this was an existing lot of record. Motion passed 4/0. Malam moved, Stover seconded to authorize the Planning Department to issue a building permit to Manuel Silva, 5815 Ridge Road prior to formal resolution approval. Motion passed 4/0. F. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet. Applicant: Greg Karas. Location: 5600 Star Lane Nielsen reported this is a revision of a conditional use permit which was granted in June of 1994. In the final building plan, the owner decided to increase the area and attach the garage to the existing home. The request still conforms to the criteria of a conditional use permit. Malam moved, Benson seconded to adopt RESOLUTION 95-51, "A resolution granting a conditional use permit for additional accessory space to Greg Karas, 5600 Star Lane, subject to staff recommendations. Motion passed 4/0. G. Conditional Use Permit to Allow Pill in Excess of 100 Cubic Yards. Applicant: Roxanne Martin. Location: 5750 Christmas Lake Road. Nielsen reported the Martins would like to build a landscape berm that would exceed 100 cubic yards of fill which necessitates the conditional use permit. The City Engineer has reviewed the proposal and is recommending approval subject to his approval on site. Staff has requested the addition of a silt fence on the lake and street side. Applicant has requested the deadline be extended. Staff is recommending extension to October 1, 1995. Stover moved, Benson seconded to adopt RESOLUTION 95-52, "A resolution granting a conditional use permit to place fill in excess of 100 cubic yards for Steve and Roxanne Martin, 5750 Christmas Lake Road. Motion passed 4/0. H. Resolution Approving a Simple Subdivision/Combination. Applicant: St. John's Church and Don Huntington. Location: 680 Mill Street (Excelsior) and 21990 Brackett's Road Nielsen reported St. John's Church owns a vacant parcel of land west of the Huntington property and is proposing to convey a small parcel to Mr. Huntington that extends in front of his property. This will bring the Huntington lot into conformance and also provide Huntington access to a City street. The church property will remain a buildable lot. Staff recommends approval subject to four conditions. Benson moved, Stover seconded to prepare a resolution approving a simple subdivision/combination for St. John's Church, 680 Mill Street and Don Huntington, 21990 Brackett's Road. Motion passed 4/0. ;I ,REGULAR CITY COUNCIL MINUTES June 12, 1995 - PAGE 7 . 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ESTABLISHING A TASK FORCE TO REVIEW THE USE OF SNOWMOBILES WITHIN THE CITY Hurm reported he had prepared a redraft including the suggestions by the Council at the previous meeting. Councilmember Stover requested that Council receive both a majority and minority report from the Task Force. Benson moved, Malam seconded to adopt RESOLUTION NO. 95-53, "A resolution establishing a snowmobile task force amended by adding (Council will receive both a majority and minority report from the Task Force)." Motion passed 4/0. 9. CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 701 REGULATING THE KEEPING OF DOGS Malam moved, Stover seconded to adopt ORDINANCE NO. 299, "An ordinance amending Chapter 701 of the Shorewood City Code regulating dogs within the City and Section 1302 related to kennel license fees. Motion passed 4/0. . 10. CONSIDERATION OF ADOPTION OF A WATERMAIN SPECIAL ASSESSMENT ORDINANCE 11. CONSIDERATION OF AN ORDINANCE AMENDING THE FEE SCHEDULE Dresel outlined the proposed assessment policy for the provision of municipal water and the fee schedule. Councilmember Stover indicated item c under "Conditions of Hardship" appeared to be confusing. There was Council consensus to strike item c under "Conditions of Hardship" in the Ordinance. Terry Forbord, Lundgren Bros., indicated he was opposed to both the watermain special assessment ordinance and the ordinance amending the fee schedule. He felt there is an inequity in the assessment formula which requires a $10,000 charge to a proposed home in comparison to a $5,000 charge to an existing home. Mayor Bean explained the City was attempting to recognize the existing. residents' taxes paid and commitments made to the City, in some cases over many years. The Council felt this was equitable for new developments and home buyers to contribute through the purchase of their homes. Benson moved, Malam seconded to adopt ORDINANCE NO. 300, "An ordinance amending Chapter 903 of the Shorewood City Code adopting an assessment policy for the provision of municipal water. Motion passed 3 ayes / 1 nay. (Councilmember Stover voted nay.) Malam moved, Benson seconded to adopt ORDINANCE NO. 301, "An ordinance amending Municipal Code Section 1301.02 - setting fees. Motion passed 3 ayes / 1 nay. (Councilmember Stover voted nay.) . , .. ~ .. . . . .REGULAR CITY COUNCIL MINUTES June 12, 1995 - PAGE 8 12. TAX INCREMENT FINANCING (TIF) PROPOSAL Authorize up to $1,250 for the City's Share of an Analysis by Springsted, Inc. on a TIP Proposal by "Tony Eiden Co." Stover moved, Malam seconded to authorize up to $1,250 for the City's share of an analysis by Springsted, Inc. on a TIF proposal by "Tony Eiden Co., allocating Mr. Eiden's funds first and matching in an amount up to $1,250.00. Motion passed 4/0. A. B. Authorize an Expenditure of up to $5,000 for Assistance with a Partial Housing Inventory required to define a TIP District. Benson moved, Malam seconded to authorize an expenditure of up to $5,000 for assistance with a partial housing inventory required to define a TIF district. Motion passed 4/0. 13. CONSIDERATION OF A MOTION APPROVING THE PRELIMINARY COST PARTICIPATION ESTIMATES FOR THE CONSTRUCTION OF THE CHRISTMAS LAKE ROAD 1 HIGHWAY 7 INTERSECTION PROJECT Dresel reported the Minnesota Department of Transportation is gearing up its plan to upgrade the Christmas Lake Road / T.H. 7 intersection. The City of Shorewood would be responsible for 5% of the funding for the signals which would amount to approximately $8,500. The Minnesota Department of Transportation would also like to establish a lead agency who would be responsible for minor maintenance of the signals. He reported the Minnesota Department of Transportation is planning pedestrian crossings on the east and north legs of the intersection only. Councilmember Benson expressed his concern that the project be coordinated with the other intersections on T .H. 7. There was Council consensus to obtain an update status of the meetings between the Minnesota Department of Transportation and the City of Excelsior. Benson moved, Stover seconded to approve the preliminary cost participation estimates for the construction of the Christmas Lake Road 1 Highway 7 intersection project. Motion passed 4/0. 14. LMCD - Report by Representative Bob Rascop Bob Rascop was not present at the meeting. 15. ADMINISTRATOR AND STAFF REPORTS Keane reported he had sent a letter to the judge who has jurisdiction in regards to the Ron Johnson litigation matter and asked him to immediately appoint a panel of Commissioners and be heard. 16. MAYOR AND COUNCILMEMBER REPORTS A. Discussion on Designation of Official Newspaper. Councilmember Stover reported she had received a call from a Shorewood resident indicating as soon as he began subscribing to the Sun Sailor Newspaper, he received the Minnetonka Sun Sailor . . ~ . Ill' " REGULAR CITY COUNCIL MINUTES June 12, 1995 - PAGE 9 rather than the ExcelsiorlShorewood Sailor. She indicated she was informed there had been a route change but has been unable to reach anyone at the paper. Rick McGerald, Distribution Manager of the Sun Sailor Newspaper, explained that of the 1,300 Deephaven homes, 900 had always received the Minnetonka Sun Sailor Newspaper and 400 had received the ExcelsiorlShorewood version. The route for these 400 homes has recently been changed to the Minnetonka version and some of this route overflowed into the Shorewood City border. He stated this would be corrected so all Shorewood residents will receive the ExcelsiorlShorewood edition. He indicated in the future, they will be including a Southshore City News Section in the Minnetonka west newspaper which will include city-related news of Excelsior, Shorewood and Tonka Bay. Mayor Bean recessed the meeting at 11 :40 p.m. and reconvened at 11 :42 p.m. B. Report on Meeting with South Lake Cities on Senior Community Center. Mayor Bean reported on a recent presentation he had made to the City of Deephaven and the City of Greenwood in regards to the Senior Community Center. He indicated there were still many issues to work out. There was Council consensus to schedule a Work Session following the Council meeting scheduled June 26, 1995 to discuss the issues. 17. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, Malam seconded to adjourn the City Council meeting at 11: 46 p.m., subject to approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopishcke Recording Secretary TimeSaver Off Site Secretarial ATTEST: '\ r::::{Lc~jl~.CCtt-- ROBERT B. BEAN, MAYOR o AM \ii4 C. 111 UWI~ JA S C. HURM, CITY ADMINISTRATOR