100995 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, OCTOBER 9, 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 7:33 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover;
Administrator Hurm, City Engineer Brown, City Attorney Keane, Planning
Director Nielsen, and OSM Engineer DeLaForest.
B.
Review Agenda
McCarty moved, Malam seconded to approve the agenda for October 9, 1995 as
amended by removing Item 3C. from the consent agenda to discussion item
following Item 6A. Motion passed 5/0.
2.
APPROVAL OF MINUTES
A. City Council Regular Minutes - September 25, 1995
McCarty moved, Stover seconded to approve the September 25, 1995 City
Council Regular Meeting Minutes as amended on Page 8, Paragraph 1, Line 6
remove "but", on Page 9, Paragraph 5, Line 3 replace "$1,920.00" with
"$1,920,000.00", on Page 10, Paragraph 3, Line 1 replace "Grant" with "Grant
Lorenz", on Page 11, Paragraph 4, Line 2 replace "that" with "than", on Page 11,
Paragraph 6, Line 2 replace "proposed park" with "proposed ballfields", and on
Page 13, Paragraph 12, Line 1 replace "Lake" with "Point". There was also
consensus to remove "Direct Staff to Prepare Findings of Fact Regarding" from
all titles. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for October 9, 1995.
Stover moved, Benson seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
A. RESOLUTION NO. 95-94. "A Resolution Approving a Setback Variance /
Variance to Structurally Alter a Nonconforming Structure." Applicant:
John Hunner. Location: 20625 Radisson Road.
B.
RESOLUTION NO. 95-95. "A Resolution Approving a Conditional Use
Permit for Space in Excess of 1,200 Square Feet." Applicant: John and
Julie Simondet. Location: 5390 Shady Hills Road.
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REGULAR CITY COUNCIL MINUTES
October 9, 1995 - PAGE 2
D. RESOLUTION NO. 95-96. "A Resolution Approving a Conditional Use
Permit and Setback Variance." Applicant: Mark Haymaker. Location:
4300 Enchanted Drive.
E. RESOLUTION NO. 95-97. "A Resolution Authorizing Execution of a Non-
Disclosure Agreement in Hennepin County."
F. Motion to Accept Adequacy of Petition for City Improvement." Applicant:
Loren and MaryLee Pahl. Location: 25880 Smithtown Road.
G. Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive
the Monetary Limits.
H. Motion to Set a Public Hearing for November 13, 1995 at 7:45 p.m. to
consider the Vacation of a Drainage and Utility Easement. Applicant:
Allan Larson. Location: 4320 Dellwood Lane.
I. Motion to Approve a Sign Permit. Applicant: We Care Hair. Location:
19905 Highway 7 (Waterford Center).
J. RESOLUTION NO. 95-99, "A Resolution Approving a Final Plat -
Smithtown Meadows." Applicant: Abingdon Development Corporation.
Location: Smithtown Road, East of Eureka Way.
K.
RESOLUTION NO. 95-100, "A Resolution Proclaiming Saturday, October
28, 1995 as Rake-A-Thon Day."
L. . RESOLUTION NO. 95-101. "A Resolution Approving a Final Plat - Birch
Bluff Lake View Addition." Applicant: Brian Fredrickson. Location:
26115 Birch Bluff Road.
M. Motion to Approve and Authorize Execution of a Deferred Loan Repayment
Agreement - John and Robert Levering, 25170 Yellowstone Trail.
Motion passed 5/0.
4. MATTERS FROM THE FLOOR-None.
5 . PARKS - Report by Representative
Commissioner Dzurak reviewed the discussions and actions taken by the Commission at its
September 26, 1995 Park Commission meeting. (Details are provided in the minutes of that
meeting. )
There was discussion in regard to the property formerly known as the Silverwood Turf Trail. It
was noted there was a property owner encroaching this City-owned land with a fence. There was
also one property owner who is encroaching the City-owned land with landscaping. There was
Council consensus to direct staff to inform the landowner encroaching City property with the fence
to remove the fence from public property and to notify the resident who is encroaching City
property with landscaping, that it is allowable but the land will remain City property. It was
suggested these notices be sent on an annual basis.
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REGULAR CITY COUNCIL MINUTES
October 9, 1995 - PAGE 3
6. PLANNING - Report by Representative
Co~ss~on~r Pisula reviewed th~ discussi~ns and re,conn.nendati~ns made at the Planning
ComnusslOn s October 3, 1995 meetmg. (DetaIls are provIded m the mmutes of that meeting.)
A. Consideration of Request by Tony Eiden Company to Allow Issuance of Certificate of
Occupancies at Heritage Development.
Nielsen reported the Tony Eiden Company is asking the City to waive the requirement in the
Heritage Development Agreement which states no houses can be occupied until the first lift of
asphalt is in place on the new street. Nielsen stated staff review has raised a number of issues
associated with this. He indicated the class 5 provides a stable driving surface when it is dry or
frozen but when spring arrives with the thaw, rain and potential construction traffic the street has
the potential for a quagmire. Nielsen stated he did not have a report from the Fire Marshal in
regard to emergency access. Nielsen noted there will be a maintenance problem in terms of snow
plowing. Even if the developer performs the maintenance, the City will still' get calls with
complaints. Nielsen indicated staff is recommending denial of the request as this policy was placed
in the development agreement for a good reason. r
Chuck Dillerud, representing the Tony Eiden Company, stated this was only a contingency plan as
the intent was to finish the street before winter. He explained he did not feel there would be a
problem with the road in the spring as the City of Shorewood requires 18 inches of sand and rolled
clay underneath the class 5. He reported of his meeting with the Fire Marshal who expressed
concerns with fire while the homes were under construction. An agreement has been reached to
build a temporary service road into the boulevard parallel to Noble Road to allow emergency
access. Turn arounds will also be provided. He indicated if Certificates of Occupancies were
allowed the developer would maintain the streets fully. If an agreement were drawn by the City
Attorney, the residents could be given the agreement up front so they would be aware of the
situation. He noted the project had been pushed back for a long period due to the development
moratorium.
Mayor Bean noted this may actually accelerate the construction process by five to six months
which could possibly shorten the building period by a whole season. He stated he was in
agreement with the request if the City Attorney can address the liability issue and Tony Eiden
Company agrees to maintain the streets.
Benson moved, Malam seconded to direct staff to create an agreement and grant a
waiver of the provision in the Heritage Development Agreement which requires
that the first lift of asphalt be in place on the new street before any Certificates 0 f
Occupancies can be issued for seven lots including Lot 3.
Councilmember Benson commented he felt some of this hardship had been created by the
development moratorium.
Councilmember Stover stated she was not comfortable with the waiver because the City does not
arbitrarily come up with policies and procedures in regard to developments. She asked if the
differential factor in this waiver was the temporary street. Mr. Dillerud stated the temporary road
had no bearing on the waiver. He indicated the differential factors in this instance were the roads
will be heavier than seen in the City of Shorewood in the past, the developer and builder were the
same, these are presold homes and this is a once in a 30 year occurrence where the City had to
make a major policy decision regarding the water issue, which held up the project.
Councilmember Stover stated she felt the moratorium had nothing to do with the provision in the
Heritage Development Agreement.
Motion passed 4/1 (Stover voted nay).
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REGULAR CITY COUNCIL MINUTES
October 9, 1995 - PAGE 4
3C. Consideration of a Resolution Approving a Conditional Use Permit and Variance to Allow
Accessory Space in Excess of 1,200 Square Feet/Variance to Temporarily Allow Two
Single-Family Dwellings on One Lot. Applicant: Gerald Grewe. Location: 4550/4560
Enchanted Point.
Nielsen reported at the last City Council meeting staff was directed to prepare a resolution for this
approval. One of the conditions of approval was that the house be completed within one year of
the issuance of the building permit. Mr. Grewe is asking for additional time. The architect is
estimating the house will be completed within 18 months due to the size and the amount of custom
work involved. Nielsen indicated staff is recommending on Page 3 of the resolution, Item C be
revised to state "the exterior and site work of the new home must be completed within one year and
the house be completed in entirety within 18 months".
Mayor Bean questioned how this would affect the timing of the demolition of the existing house.
Nielsen confirmed the demolition of the existing house would also be extended to 18 months.
Benson moved, Stover seconded to approve Resolution No. 95-102, "A resolution
granting a variance to temporarily allow two homes on one lot, a conditional use
permit for accessory space in excess of 1,200 square feet, and a variance for the
amount of accessory space to Gerald Grewe, 4550/4560 Enchanted Road subject
to an amendment on Page 3 item c. that the applicant must complete the new home
exterior and "close it in" within one year and an additional six months to finish
the interior and removal of the existing house be extended also. Motion passed
5/0.
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6B . Consideration of a Tree Preserv.ation and Reforestation Policy
Nielsen explained this was a result of the Comprehensive Plan update completed last year to deal
with tree preservation and reforestation. He stated the policy was primarily geared toward new
development and new homes and did not extend to existing homes of record requesting to build a
deck, garage, etc. This policy requires new developments to show the City where existing trees
are located and prepare a plan to retain as many of the trees as possible and replace trees removed at
a certain ratio. Trees 8-12 foot tall are replaced with two 2-112 foot trees. Trees larger than 12 feet
are required to be replaced by three 2-1/2 foot trees. There is a cap on this which states no more
than eight trees per acre will be required to be replaced. Nielsen reported this policy has been
applied to the Heritage and Lundgren developments and some variances with good results. He
reported the Planning Commission is recommending approval on a 4/2 vote. The Commissioners
voting against the policy were pleased with the policy but would like it to also extend to existing
lots and any building permit. It was recommended that an informational handout be included with
building permits to educate residents in regard to tree preservation measures. The Planning
Commission will be discussing this issue further. Staff felt the intent of the policy was to address
primarily new development and not get down to the individual tree but protect the wooded
character of the area. Nielsen suggested the policy be adopted by resolution and later an ordinance
will be provided to adopt the policy by reference. This will allow flexibility in updating the policy
as needed.
Councilmember McCarty noted she would like to see existing lots addressed in some way. She
agreed however, it would not be appropriate to tamper with property owner's rights.
. Councilmember Stover stated she favored this approach as far as it had gone. She expressed an
overwhelming concern that the City Council not make decisions regarding a person's own home or
trees on their own lot. She stated she felt most people who chose to move to Shorewood like trees
and if they wanted to cut trees down it should be their choice.
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REGULAR CITY COUNCIL MINUTES
October 9, 1995 - PAGE 5
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Councilmember Malam stated he would like to see this policy relate to new development, new
principal structures and any sort of building permit.
Councilmember Stover stated the intent of the policy is to maintain the general character of the
neighborhood. When a person adds a deck on to their house and chooses the deck over one tree,
that is their choice. She stated she felt the informational handout was something which could be
done to save trees without being dictatorial.
McCarty moved, Benson seconded to approve the 4th draft of the Tree
Preservation and Replacement Policy. Motion passed 5/0.
7. Consideration of 1996 Animal Control Contract with the City 0 f
Chanhassen
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City Administrator Hurm stated this was presented to the City Council annually for approval. He
reported there is a 3.5% increase from the 1995 contract.
Stover moved, Benson seconded to approve the 1996 Animal Control Contract
with the City of Chanhassen. Motion passed 5/0.
8. Consideration of a Motion to Adopt a Resolution Requesting the
Minnetonka School Board to Approve a Site for a Water Tower on the
Minnewashta School Property
Mayor Bean reported he had received a call from Kathy Casmer, Chair of the School Board, and
Dr. Daniel Jet!, Superintendent, regarding the site for the water tower. He indicated there had been
some confusion by them as to what actions had actually been taken by the City Council in regard to
this decision. Mayor Bean stated he had reached an agreement with Dr. Jet! for this item to be
placed on the agenda of the School Board meeting and the Council would present their potential
position, based on the decision tonight, as preferring Site 3, with Site 7 as acceptable, and allow
the School Board to choose the sites.
Stover moved, Malam seconded to adopt Resolution No. 95-103, "A resolution
requesting the Minnetonka School Board to approve a site for a water tower on
the Minnewashta School property" and to send this resolution to the School Board
and let them decide the location.
Councilmember Stover stated s~e hoped the School Board would see that Site 3 has some merit as
it is less obtrusive and less expensive. Councilmember Malam noted the general area of Site 3 was
the initially agreed upon location and has always been the City's preferred location for the water
tower site.
V oting on the motion. Motion passed 5/0.
Mayor Bean recessed the meeting at 9:30 p.m. and reconvened the meeting at 9:37 p.m.
9. ADMINISTRA TOR AND STAFF REPORTS
A. Administrator's Report on Traffic Complaints.
Hurm indicated two more traffic complaints had been received, one from Amy Macgowan and one
from Kim Richards, regarding the Near Mountain Boulevard area and the Chaska Road art:?a. He
stated there seems to be consistent complaints in these two areas. Hurm reported staff will review
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REGULAR CITY COUNCIL MINUTES
October 9, 1995 . PAGE 6
with the Public Works Department and report back to the City Council with alternatives within 30
days.
Hurm reported he received a letter from the State of Minnesota Board of Government Innovation
and Cooperation in regard to a meeting sponsored by State Senators and Representatives which
will be held on Wednesday, October 18 from 6:30 to 9:30 p.m. at the Hopkins City Hall.
Brown reported the watermain project is proceeding. He reported there has been a problem with
the soil which has hampered construction. He stated he will be presenting a change order at the
next City Council meeting and will provide a full report at that time.
Mayor Bean expressed concern that two utility lines had been severed by the contractor. Brown
reported two gas service lines had been severed but that Minnegasco had responded by providing a
location crew to guide the contractor anytime he is near service lines. DeLaForest stated he felt the
work thus far is going well. The contractor has been quite responsive and cooperative.
10. MAYOR AND CITY COUNCIL REPORTS
Councilmember McCarty reported there is a desperate need for blood type A or 0 positive or
negative. She urged anyone interested to contact the Memorial Blood Center for more information.
Mayor Bean reported City Administrator Hurm had received a letter from Mary Hill Smith,
Metropolitan Council District #3 indicating they have recommended to the full Council that the
property tax revenues from the regular route funds be transferred to Metro Mobility to pay 50% of
the cost to operate complimentary transportation for Osseo, Shorewood, Tonka Bay, and White
Bear Township. The remaining 50% will be absorbed in the Metro Mobility Program.
1. ADJOURNMENT TO WORK SESSION FORMAT SUBJECT TO
APPROVAL OF CLAIMS
McCarty moved, Benson seconded to adjourn the City Council meeting to Work
Session format at 9:56 p.m., subject to approval of claims. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Lorri L. Kopischke
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
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ROBERT B.BEAN, MAYOR
ES C. HURM, CITY ADMINISTRATOR