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081495 CC Reg Min - . . . ... ..' . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, AUGUST 14, 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 7:34 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty and Stover; Administrator Hurm, City Engineer DeLaForest, City Attorney Keane, and Planning Director Nielsen. Absent: None. B. Review Agenda McCarty moved, Stover seconded to approve the agenda for August 14, 1995. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - July 24, 1995 McCarty moved, Benson seconded to approve the City Council Regular Meeting Minutes of July 24, 1995 amended on Page 4, Paragraph 11 change "Strawberry Court" to "Strawberry Lane" and Page 7, Paragraph 4 change "ayor" to "Mayor". Motion passed 5/0. B. City Council Special Meeting Minutes - July 25, 1995 Benson moved, Malam seconded to approve the City Council Special Meeting Minutes of July 25, 1995 as presented. Motion passed 5/0. City Council Special Meeting Minutes - July 31, 1995 Malam moved, McCarty seconded to approve the City Council Special Meeting Minutes of July 31, 1995 as presented. Motion passed 4/0. Stover abstained as she was not present at the July 31, 1995 meeting. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for August 14, 1995. Stover moved, McCarty seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95-66. "A Resolution Granting a Setback Variance." Applicant: Rick and Maureen Spencer. Location: 4350 Dellwood Lane. . . . , . REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 2 B. RESOLUTION NO. 95 -67. "A Resolution Setting a Public Hearing on Proposed Assessment of Delinquent Sewer, Water and Stormwater Utility Charges, City Clean-up Charges and Property Clean-up Charges for September 11, 1995 at 7:45 p.m." C. Motion to Approve Renewal of Assessing Contract. D. Motion to Approve An Additional Horse with Permit. Applicant: Patricia Jenson. Location: 6020 Galpin Lake Road. E. Motion to Establish October 28, 1995 as Fall Clean-up. F. Motion to Approving Hiring Rebecca Tarvin, 16422 Devon Drive for the Part- Time Clerical Assistant Position. G. Motion to Extend the Deadline to Correct a Zoning Violation. Applicant: Dave Herzog Representing Allan McKinney. Location: 4925 Rustic Way. H. RESOLUTION NO. 95-68. "A Resolution Receiving a Feasibility Report and Ordering Preparations of Plans and Specifications for Smith town Woods. " 1. RESOLUTION NO. 95-69, "A Resolution Accepting the Shady Island Dry Hydrant Project, City Project 94-1, 94-2, 94-3, and Authorizing Final Payment. " 1. Motion Authorizing the Purchase of Valves not to Exceed the Amount 0 f $16,000 for Watermain Project. Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None. 5 . PARKS - Report by Representative Commissioner Martin reviewed the discussions and actions taken by the Commission at its August 8 meeting (detailed in minutes of that meeting). 6. PLANNING - Report by Representative Commissioner Turgeon reviewed the actions taken and recommendations made by the Commission at its August 1 meeting (detailed in the minutes of that meeting). A. Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet. Applicant: John Erickson. Location: 23785 Yellowstone Trail. Nielsen reported Mr. Erickson has proposed to replace the old garage on his property with a new garage. A C.U.P is required since the area of the new garage when added to an existing outbuilding on the site, exceeds 1,200 square feet. The proposal meets all the criteria required for granting accessory space over 1,200 feet. Nielsen indicated the Planning Commission and staff are recommending approval of the C.U.P. . . . REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 3 Stover moved, Benson seconded to direct staff to prepare findings of fact regarding a conditional use permit for accessory space in excess of 1,200 square feet for John Erickson, 23785 Yellowstone Trail. Motion passed 5/0. B . A Resolution Approving a Simple Subdivision/Combination. Applicant: Ron Miller. Location: 26705 Edgewood Road. Nielsen reported Mr. Miller owns a large lot which is part of the Boulder Ridge Estates subdivision. The Corps of Engineers and DNR have granted Mr. Miller approval to construct a driveway across Wetland Conservation Act Wetlands. Since that time, Mr. Miller has negotiated with Mr. Bottinger to exchange an equal amount of land which will allow Mr. Miller access to share an existing driveway with the adjoining property owner. This is logical as it will avoid a large building expense for Mr. Miller and provide less impact to the existing wetlands. Nielsen indicated staff is recommending approval of the subdivision and combination conditioned that Mr. Miller provide the City with a drainage and utility easement over the portion of his lot shown as Parcel C and that he enter into a use and maintenance agreement for the driveway to be shared by the property owner to the west. McCarty moved, Stover seconded to approve RESOLUTION NO. 95-70. "A resolution approving subdivision and combination of real property for Ron Miller. " In response to Mayor Bean, Nielsen indicated this would not affect the original approval granted by the Corps of Engineers and DNR. He indicated the area designated for the driveway may be used for other purposes by Tony Eiden Homes, and if not, the original approval will still stand. Motion passed 5/0. C. A Resolution Approving a Simple Subdivision/Combination. Applicant: William Bukovec. Location: 5335 Eureka Road/25520 Orchard Circle. Nielsen reported Mr. Bukovec proposes to purchase a 20 foot strip of land adjacent to his property which was platted as a "flag lot" to provide access to Eureka Road prior to the construction of Orchard Circle. Both lots exceed the size requirements of the R-IC zoning district where they are located. Nielsen indicated staff is recommending approval of the simple subdivision/combination. Stover moved, Benson seconded to approve RESOLUTION NO. 95-71. "A resolution approving subdivision and combination of real property ,for William and Tamara Bukovec." Motion passed 5/0. D. Development Stage Approval for Smithtown Properties P.U.D. (a.k.a. LedinIWartmanlMinnewashta P.U.D.) Applicant: Lundgren Bros. Construction. Location: 76.5 acres north of Smithtown Road, west of Minnewashta Elementary School. Nielsen reported this was the second stage of the P.U.D. approval for this project. He reported all the issues which had been raised at the concept stage approval had been resolved. Nielsen indicated the only issue the developer continues to object to is the water charges. Nielsen stated the fees calculated in the staff report should be based on 31 lots rather than 32 lots. He indicated the City continues to work with the School District regarding the proposed location of the water tower. Nielsen indicated the Planning Commission and staff are recommending approval of the development stage plans and the preliminary plat subject to ten stated conditions. REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 4 . In response to Mayor Bean, Nielsen indicated the development agreement which will be included with the final plat and plans, will reflect the water charges. The resolution will also contain specific language addressing the water charges. Councilmember Stover expressed concern that the ten stated conditions were all agreed to by the developer and the City. Nielsen indicated most of the conditions were technical issues that would be resolved prior to the final plat and plans. He indicated the developer has complied with the City's requests. Councilmember Stover asked if the development agreement would be stalled if a decision regarding placement of the water tower was reached that was outside of the developer's prerogative. Nielsen stated the only concern was that if the large water main was to go through the project, its construction would have to be coordinated with the phasing of the project. He indicated the developer is aware of this and has agreed to coordinate with the construction. Councilmember Stover asked if there had been progress with the School Board as to the location of the water tower. Mayor Bean indicated a letter had been sent to the School Board indicating where the City felt the water tower would best be located. Hurm stated staff would be meeting with the School Board this week or next, to come to agreement on a location and the issue then resolved at the School Board meeting. . Mr. Terry Forbord, Lundgren Bros., indicated he had not received a copy of the aforementioned letter and asked he be provided with such. Malam moved, McCarty seconded to direct staff to prepare findings of fact regarding development stage approval for Smithtown Properties P.U.D. (a.k.a. LedinlWartmanlMinnewashta P.U.D. for Lundgren Bros. Construction, located 76.5 acres north of Smithtown Road, west of Minnewashta Elementary School, subject to staff recommendations and with the understanding that the development agreement will contain provisions requiring the payment of water related assessments and charges. Motion passed 5/0. E. Zoning Violation Appeal. Applicant: Michael Fannon. Location: 5715 Christmas Lake Road. Nielsen reported Mr. Fannon had purchased the property at 5715 Christmas Lake Road and demolished a number of buildings close to Christmas Lake in preparation to build a new home. In the desire to maintain the property until the house is built, Mr. Fannon has built an accessory building to store his lawn equipment. The zoning ordinance states there cannot be an accessory building on the property unless there is also a home on the property. Mr. Fannon intends to build a house on the lot next spring and is asking for an extension of the deadline to remove the shed until such time as he builds his house. Nielsen indicated it would not be appropriate to grant a variance in this case as it would 'establish an undesirable precedence. He reported in light of the removal of the non-conforming buildings by the owner, which has brought the lot into conformity, staff is recommending an extension be granted. This extension would be subject to a condition that the shed be removed no later than May 1, 1996, unless Mr. Fannon has obtained a building permit for construction of a new house by then. . Michael Fannon, 5715 Christmas Lake Road, indicated he had read the City bulletin last spring and called the City to confirm before he removed the pre-existing buildings and built his shed. He indicated he had built a 10 by 12 shed which sits on timbers, to allow him to store the equipment necessary to maintain the seven acres of grass. He stated he was confused as to why he would have to have a variance at all and why there would be a May 1st deadline. Mr. Fannon stated he pays taxes and maintains the property and does not feel he should have to request a variance. . . . . . REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 5 Mayor Bean indicated the ordinance is appropriate and is rational as the City does not want properties that do not have a home to have other structures located on them. He asked Mr. Fannon what he felt would be a reasonable deadline for removal of the shed. Mr. Fannon stated he intends to build a home on the property next spring but it is a complicated property and there may be problems when it comes down to the planning. He reported the shed is painted and maintained. He again indicated he stores lawn equipment in the shed which allows him to maintain the seven acres of grass. He stated he is also trying to maintain the fence but has had problems with vandals. Councilmember Benson indicated he felt the May 1 deadline may be a little tight. Councilmember McCarty complimented Mr. Fannon on his maintenance of the property. It was suggested the extension be granted for one year, with up to an additional year extension upon written request, conditioned upon continual maintenance of the property. Benson moved, Stover seconded to grant Michael Fannon, 5715 Christmas Lake Road, an extension of deadline to comply with the zoning ordinance regarding accessory buildings until May 1, 1996 with up to an additional one year extension by written request to the Planning Department subject to the continued maintenance of the property. Motion passed 5/0. City Attorney Keane excused himself from the meeting at 8:27 p.m. F. Resolution Approving a Simple Subdivision/Combination. Applicant: St. John's Church and Don Huntington. Location: 680 Mill Street (Excelsior) and 21990 Bracketts Road. Nielsen reported St. John's Church is conveying a portion of the property between Bracketts Road and the Huntington property to Mr. Huntington. He stated this will bring the Huntington property more into conformance in terms of square footage and also provide frontage to a public street. Nielsen indicated the Planning Commission and staff are recommending approval of the simple subdivision/combination subject to four conditions. Benson moved, Malam seconded to approve RESOLUTION NO. 95-72. itA resolution approving subdivision and combination of real property for the Church of St. John the Baptist and Don Huntington, 21990 Bracketts Road and 680 Mill Street. It Motion passed 5/0. 7. CONSIDERATION OF A PETITION TO REPLACE STOP SIGN, AT MAPLE LEAF DRIVE. Hurm explained in 1991 the issue was raised regarding traffic control, speed and safety of cars driving through this neighborhood on Shorewood Oaks Drive. He explained there was a series of meetings, a number of reports, a speed study was requested and several options were considered. Initially staff did not recommend a stop sign but City Council installed stop signs at the intersection of Burlwood Court and Shorewood Oaks Drive and the intersection of Maple Leaf Circle and Shorewood Oaks Drive. Hurm stated during the interim a number of new homes have been built on Oak Leaf Trail. Staff has now recommended the stop signs on Shorewood Oaks Drive be moved west to Oak Leaf Trail. This was recommended due to the increased number of homes on Oak Leaf Trail, the short distance between stop signs and the Chief of Police and City Engineers opinion that the change will bring the stop signs closer to meeting the traffic control warrants. Hurm reported there is now a petition before the City Council to replace the stop signs to their original location. He indicated the City had not fulfIlled their responsibility to notify the residents in the area of the change. He reported Catherine Dales, 26085 Oak Leaf Trail, had called the City today to ask that her name be removed from the petition. . . . . . REGULAR CITY COUNCIL MINUTES August 14, 1995 . PAGE 6 Councilmember McCarty noted she had talked with residents on Oak Leaf Trail and two of the six who had signed the petition had asked to have their names removed, Catherine Dale and Gela Kantro, 26205 Oak Leaf Trail. She indicated she should have notified more of the neighborhood of the change. She stated she had been asked by residents to address this issue and had taken into account the safety of the entire neighborhood. She questioned if the suggestion for curve signs on Shorewood Oaks Drive and Oak Leaf Trail, with recommended reduced speeds, was a valid option. Councilmember Stover reported in 1991 there was discussion regarding the curve and reduced speed signs but they were discouraged because the suggested speed was not enforceable but only recommended. It was also suggested the signs may only detract the driver's vision. She indicated in 1991 there was a lot of discussion and much written information provided that is not included in the Council meeting minutes. She stated the Council was strongly encouraged by the professional staff involved, to choose only two spots for the stop signs to be placed. Guadalupe Pfaff, 6075 Maple Leaf Circle, stated that three weeks ago, stop signs were moved in the Shorewood Oaks neighborhood without any notification to the residents. She asked who had made the recommendation to remove stop signs after three years. She stated the number of children in the neighborhood has grown from 78 to 130. She believed the neighborhood needed more safety measures rather than less. "' Councilmember McCarty stated she had been asked by residents to investigate if the stop signs were in the most appropriate location. Hurm explained that the Police Chief states in his memo that the new location of the stop signs comes much closer to meeting the uniform traffic control warrants. Ms. Pfaff stated it appeared the Police Chief was against the stop signs originally. She stated Shorewood Oaks Drive is used as a cut through and there are many small children in the area. She asked if the speed limit could be reduced. She stated the neighborhood needs more safety measures installed rather than removed. Hurm explained stop signs are not recommended as speed control devices. He stated the best speed control device was to have a police officer in the area more often. Ms. Pfaff disagreed. She stated with the stop signs moved, traffic is flying by her home at high speeds. Councilmember Malam indicated when the speed study was performed in 1991, the recorded average speed was 30 miles per hour. Ms. Pfaff asked why the City took away what stop signs the neighborhood had. She indicated with the new developments in the area there was much more traffic. She indicated 50% of the residents in the neighborhood signed the petition. Councilmember McCarty stated the stop signs had not been taken away but rather had only been moved down two houses. She stated it was equitable to have two stop signs on Shorewood Oaks Drive and two stop signs on Oak Leaf Trail. Ms. Pfaff again indicated there had been increased speeding since the stop signs were moved. She indicated it was not good government the way the stop signs were removed and she felt there was no actual basis for their removal. She stated that first and foremost the speed limit in the area needs to be reduced. . . . REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 7 Mayor Bean stated the Council is very concerned with the safety of the children in the streets of Shorewood but Minnesota Statute states that 30 miles per hour is the lowest enforceable speed limit. Councilmember Stover noted the City cannot lower the speed limit without State authority. If the City did, the speed limit would not be enforceable. She explained the State determines the speed limit based upon the construction of the street, the side vision, etc. Mayor Bean stated the speed limit on this street was not the issue before the Council tonight. The issue was would moving the signs bring a balance in traffic control. Ms. Pfaff asked if the City had completed a study that showed the new location of the stop signs would be more effective than the previous location and why an additional stop sign could not be added. Mayor Bean stated the decision was based on the feelings and experience of the South Lake Police Department and a significant volume of information from MNDOT. He indicated there should not be two stop signs in such close proximity of one another. Mayor Bean explained the City had to work within constraints of the State Legislature. He urged Ms. Pfaff to contact her State Legislators and urge them to give the authority to set speed limits to the local government. Councilmember McCarty suggested the stop signs be left where they presently are and the issue tabled for three months. Councilmember Stover agreed, indicating during that period of time, a police officer could be requested to be in the area more often and record data to be compared with data acquired when the stop signs were in their previous location. A decision would then be made if the stop signs would stay where they are currently located or moved back to their previous location. Mayor Bean suggested a traffic counter also be placed at each of the intersections. Mayor Bean suggested the State could also be asked to come and evaluate the speed study again. Blair Bury, 6040 Maple Leaf Circle, suggested this study be performed but then the stop sign be replaced to its previous location and another study be performed. He felt this would show if the stop sign actually did split the traffic. Councilmember Stover indicated the City already had data from the previous location of the stop signs. . Mr. John Swanson, 6050 Maple Leaf Circle, confirmed that the Council had received his letter. He added residents in favor of moving the stop signs should be in attendance at the meeting. Mayor Bean recessed the meeting at 9:36 p.m. and reconvened at 9:38 p.m. Mr. Swanson indicated he did not want to see the neighbors at odds with each other. He stated Oak Leaf Trail was a winding road and there was not as much likelihood of speeding on that road. He asked that the stop sign be replaced to its previous location and the study performed at that time. Bean moved, Benson seconded to table the issue of replacing the stop sign at Maple Leaf Drive until November 13, 1995. Motion passed 5/0. McCarty moved, Benson seconded to request the State of Minnesota perform a speed evaluation throughout the Shorewood Oaks neighborhood, specifically Shorewood Oaks Drive and Oak Leaf Trail. Motion passed 5/0. . . . REGULAR CITY COUNCIL MINUTES August 14, 1995 . PAGE 8 The Council directed staff to request the South Lake Police Department to establish a monitor in the Shorewood Oaks neighborhood with a mechanical traffic counter. Mr. Kurt Pfaff, 6075 Maple Leaf Circle, expressed his concern that the study be based on objective data rather than subjective data. He suggested if the monitors were visible, it may affect the results. Mayor Bean recessed the meeting at 9:52 p.m. and reconvened at 10:00 p.m. 8. PRESENTATION BY THE CHRISTMAS LAKE HOMEOWNERS ASSOCIATION ON JOINT WATER QUALITY STUDY Debra Borkon, 5590 Shore Road, and John Joseph, 6290 Ridge Road, were in attendance to discuss the need for a high water quality study on Christmas Lake. Mr. Joseph explained the purpose of the study would be to collect historical data, prioritize future projects, and obtain funding for projects through State or Federal sources. He explained this would be a cooperative effort between the City of Chanhassen, the City of Shorewood and the Christmas Lake Homeowners' Association. He stated the project would begin in 1996 and he was asking the City to contribute $1,700 to the project. There was Council consensus that this was a worthwhile project. Benson moved, McCarty seconded to place $1,700 in the 1996 City budget for a Joint Water Quality Study on Christmas Lake. Motion passed 5/0. 9. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE ESTABLISHING A POLICY ALLOWING FOR PREPAYMENT OF A PORTION OF THE WATERMAIN ASSESSMENT. Rolek explained, per Council direction, a draft ordinance has been prepared to allow partial prepayments of the watermain assessment. He explained the three conditions for prepayment were that the prepayment must be made to the City Finance Director; partial prepayments could be made no more than once per year; and partial prepayments can be no less than 20% of the original assessment. Malam moved, McCarty seconded to adopt ordinance No. 304, an ordinance relating to special assessments permitting partial prepayments, amending Section 1(c) to "10%" rather than "20%" and "specific to water assessments" be added to the title of the ~rdinance. Motion passed 5/0. 10. CONSIDERATION OF A MOTION TO APPROVE THE 1996 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT REVISED BUDGET Stover moved, Benson seconded to approve the revised 1996 budget request for the South Lake Minnetonka Public Safety Department. Motion passed 5/0. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING APPOINTMENTS TO THE SNOWMOBILE TASK FORCE There was Council discussion of the five persons who volunteered to serve on the Snowmobile Task Force. . . . ~ REGULAR CITY COUNCIL MINUTES August 14, 1995 - PAGE 9 Stover moved, Malam seconded to appoint Ingrid Schaff, Dana George, Troy Stotter, and John Arnst to the Snowmobile Task Force. Motion passed 5/0. 12. CONSIDERATION OF A MOTION TO APPROVE THE COOPERATIVE AGREEMENTS FOR THE SENIOR COMMUNITY CENTER Benson moved, Malam seconded to approve the cooperative agreement and authorization for execution and lease agreement for the Senior Community Center. Motion passed 5/0. 13. LMCD - REPORT BY REPRESENTATIVE BOB RASCOP There was no report as Mr. Rascop was not present at the meeting. 14. ADMINISTRATOR AND STAFF REPORTS Hurm outlined the upcoming work session schedule. There was Council consensus to postpone the work session scheduled for this evening to the August 28 work session due to the late hour. Ed DeLaForest, OSM Companies, reported City Engineer Dresel was no longer with their firm. DeLaForest indicated he had served as alternate for the City of Shorewood for the past four years and would like to continue on as the City of Shorewood's Engineer. He stated if this was acceptable, his goal was to continue the level of service the City expects from his firm and get to know each Councilmember, and serve them better than they have been served in the past. 14. MAYOR AND CITY COUNCIL REPORTS Councilmember Benson thanked the Public Works Department and commended them on the great job done cleaning the dam area of Christmas Lake. Mayor Bean informed of a Highway 7 Corridor Coalition Study Meeting to be held August 23 at 6:30 p.m. Mayor Bean noted a letter received from Mr. and Mrs. Karl Schuele, Mr. and Mrs. Vem Faaberg and Mr. and Mrs. Ernest Marciniak commending the City of Shorewood Planning Commission and Planning Department, specifically Brad Nielsen, for their diligent efforts to preserve trees in the City. 15. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS McCarty moved, Benson seconded to adjourn the City Council meeting at 11: 10 p.m., subject to approval of claims. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopischke, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ;2 ~ ,.'I-1:>':z, .. o--r:~'"-1 'Jl.~t~-' ROBERT B. BEAN, MAYOR JA