Loading...
061096 CC Reg Min . . . , . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JUNE 10, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:30 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator HUl1Il; City Attorney Keane and Planning Director Brad Nielsen, and Engineer Larry Brown. Review Agenda B. McCarty moved, Stover seconded to approve the agenda for June 10, 1996. Motion passed 5/0. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes - May 28, 1996 Benson moved, McCarty seconded to approve the City Council Regular Meeting l\1Iinutes of May 28, 1996, as amended on Page 2, Item A, change "McCarty" to "McCary"; Page 8, No. 13, change "for attending the annual meeting" to "for making reservations to attend the annual meeting"; Page 7, when referring to patrol activity, "patrol" should be used, when referring to a staff member or the department, "police" should be used; Page 7, Paragraph 10, change "Mayor Benson" to "Councilmember Benson." Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for June 10, 1996. McCarty moved, Shaw seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 96-48, "A Resolution Accepting City Hall/Badger Park Parking Lot Improvements and Authorizing Final Payment." B . RESOLUTION NO. 96-49, "A Resolution Approving a Grant Application to the Metropolitan Sewer District to Study Inflow and Infiltration." C. Approval of an Extension for a Deadline to Comply with a Notice to Remove for Carrie Halvorson, 4495 Enchanted Lane. D. RESOLUTION NO. 96-50, "A Resolution Appointing Donald Kronberg to the Parks Foundation." E. Approval of an Annual Request for Donation for Fourth of July Celebration. REGULAR CITY COUNCIL MINUTES JUNE 10, 1996 - PAGE 2 . F. RESOLUTION NO. 96-51, "A Resolution Approving a Setback Variance for Ron Born, 4865 Ferncroft Drive." Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None. 5. PARKS City Administrator Hurm reported the May 29, 1996 meeting was canceled due to the lack of a quorum. A park tour was completed by members present and the Council will be receiving a report at a future date. 6. PLANNING - Report by Representative Commissioner Turgeon reviewed the actions taken by the Planning Commission at the June 4, 1996 meeting (detailed in the minutes of that meeting). A . A Motion to Adopt a Resolution Approving a Revised Setback Variance Applicant: Location: Richard Hoyt 5710 Ridge Road . Planning Director Nielsen briefly reviewed the matter. Councilmember Shaw referred to the active and passive use of lake shore property and his belief this particular area does not have an active lake shore use and this would be a specific detriment. On that basis, the homeowner should have some consideration in regard to facilities close to the shore. Other factors involved would be the height of the home and the angle of the cliff. Councilmember McCarty restated her belief there is no undue hardship exhibited in this matter and that the property was very useable. Councilmember Benson stated his approval of the resolution and commented on the strict interpretation of the ordinance. Councilmember Stover stated her understanding the hardship would involve something like too much wetland, too narrow or too steep, something the homeowner did not cause. She felt the regulations needed to be applied consistently, and although no two cases are ever the same, she stated her belief this particular request meets the state guidelines for granting a variance. Mayor Bean did not feel a hardship was present. He stated the test would be whether the applicant has a reasonable access to the dock, and it was his opinion they did. Mayor Bean also commented that the property is not unique to the neighborhood and the surrounding properties would have to be taken into consideration as well. Councilmember Stover added that one of the Shoreland Ordinance goals is to reduce the percentage of hardcover as a system of saving the lake. If this variance were to be passed, it would reduce the hardcover. Mayor Bean felt there was a strong feeling by the Council that this particular section of Christmas Lake is a unique situation and suggested the Council may want to review the ordinance with respect to what is allowed on the east shore of Christmas Lake. Benson moved, Shaw seconded adopting "A Resolution Approving a Revised Setback Variance for Richard Hoyt, 5710 Ridge Road." Motion failed 3/2. McCarty and Bean were the dissenting votes. . REGULAR CITY COUNCIL MINUTES JUNE 10, 1996 - PAGE 3 . City Attorney Keane recommended in light of the failed motion, staff be directed to prepare a Finding of Denial to be brought before the Council at the next meeting. City Administrator Hurm suggested the Findings of Fact could be included in the minutes. Councilmember Shaw stated he would not be eager to vote for a resolution which would convey the exact opposite of what he has voted for. Mayor Bean felt the minutes from the previous meeting reflected the views of the Council. B . A Motion to Direct Staff to Prepare Findings of Fact Regarding Preliminary Plat Approval - Larson Estates Applicant: Location: Carl Zinn, representing Stephen and Lucinda Larson 20435 Radisson Road Planning Director Nielsen reviewed the matter as well as the actions of the Planning Commission. With regard to the issue surrounding Lot 11 and whether or not the two new lots to be created would have the benefit of the use of Lot 11, City Attorney Keane confirmed the rights would continue with the land and would not be eliminated because the parcel is further subdivided. Mr. Zinn appeared with Tom Owens, the attorney who was involved in the lawsuit regarding Lot 11. Councilmember Shaw stated his familiarity with the property and acknowledged that a good job had been done in subdividing the lot and consideration had been given to the neighbors and the area. Benson moved, Stover seconded to direct staff to prepare findings of fact re: "A Resolution Granting Preliminary Plat Approval - Larson Estates." Motion passed . 4/0. Councilmember Shaw abstained due to the fact he is an adjoining property owner. C . A Motion to Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Accessory Space over 1,200 Square Feet. Applicant: Location: Kevin Johns 26890 Edgewood Road Planning Director Nielsen reviewed the matter as well as the actions of the Planning Commission. Mr. Johns was present. Mayor Bean inquired whether the proposed pool area had been taken into consideration in the hardcover calculation. Nielsen verified it was included. Stover moved, McCarty seconded to direct staff to prepare Findings of Fact regarding a Conditional Use Permit for Accessory Space over 1,200 square feet for Kevin Johns, 26890 Edgewood Road. Motion passed 5/0. Mayor Bean inquired about the notations of the Planning Commission with regard to past violations. Nielsen explained the zoning violation was with regard to the homeowner allowing four unrelated adults to reside in the home. The homeowner complied with the zoning violation notice within the required amount of time. In addition, some structural work had been done to the home which separated the lower level, creating somewhat of a separate apartment unit and that is being corrected as a part of the remodeling which is currently being completed. D . A Motion to Approve a Site Plan - Day Care Facility . Applicant: Location: New Horizon Child Care, Inc. 19625 State Highway 7 Planning Director Nielsen reviewed the matter as well as the actions of the Planning Commission. . . . REGULAR CITY COUNCIL MINUTES JUNE 10, 1996 . PAGE 4 Yanis Blumentals, the architect of the facility, appeared along with Ms. Kremel, Executive Vice President of New Horizon Child Care, Inc. Councilmember Shaw inquired with respect to the play yard in the back of the child care center if there would be an ordinance which would apply to that area. Nielsen stated the only requirement would be to have grass where other surface is not present. Shaw inquired about the facilities in the play yard being safety tested and Nielsen added there are state licensing requirements with regard to this. Mayor Bean inquired if there would be any concern regarding the four foot fence with the close proximity to Highway 7 and the pond area. Ms. Kremel stated they are comfortable with the selection of a four foot fence. Councilmember Stover noted the original Concept Plan had presumed a day care center for this area for which there is a definite need. Stover moved, Shaw seconded approving a Site Plan . Day Care Facility for New Horizon Child Care, Inc., 19625 Highway 7. Motion passed 5/0. 7. CONSIDERA TION OF AN APPEAL TO A ZONING VIOLATION NOTICE Appellant: Location: Vernon Faaberg 4340 Enchanted Drive Planning Director Nielsen reviewed the matter. Mr. Faaberg stated there was adequate precedent of approval from the City of Shorewood regarding special situations where Shoreland requirements do not lend themselves to the uses being sought. Mr. Faaberg stated he was appealing the violation notice to enable his neighbors to maintain this access to the lake. He did acknowledge the ordinance does require a Conditional Use Permit and he would request that be granted. Councilmember Stover stated her understanding of this was not a request for a C.U.P., but an appeal of a zoning violation. She noted the dock was put in two years after the ordinance was passed and was, therefore, illegal at the time it was put in. Mayor Bean stated there was not much choice other than to deny the appeal and suggest Mr. Faaberg to return with a variance request. Councilmembers McCarty and Benson agreed. Benson moved, Stover seconded denying the appeal of a zoning ordinance violation for Vernon Faaberg, 4340 Enchanted Drive and requiring removal of the violation within 15 days. Attorney Jim Grathwol, appeared on behalf of P. Stan and Susan Johnson, the parties involved. The Johnsons had sold their property but since the violation was issued, the Purchase Agreement was canceled. Mr. Grathwol provided pictures and encouraged the Council to allow a public hearing. He further commented the homeowners involved were unaware they were in violation of the ordinance. Mr. Grathwol noted the Johnsons have had the dock since 1958. Mayor Bean explained the proper process would be to request a variance. Mr. Grathwol stated his clients are not in violation of any ordinance at this time, however, this issue is causing a delay in their ability to market their property as a piece of property with lake access. . . . REGULAR CITY COUNCIL MINUTES JUNE 10, 1996 - PAGE 5 Mayor Bean stated that he appreciates that concern and pointed out the Johnsons do not have a right to a dock according to the ordinance. Mr. Grathwol stated the Johnsons would then request a variance. Mayor Bean pointed out at the present time the issue before the Council is a zoning ordinance violation and not a variance request. He further stated the property owners would need to consult with the Planning Department for the procedure in requesting a variance. Mr. Faaberg stated he did not feel the dock should be removed until the issue is resolved. Councilmember Stover stated the matter being resolved is a zoning violation. Variance requests would need to be brought before the Planning Commission. The property owner asked if the deck would have to be removed. Councilmember Benson inquired the type of dock in place. The property owner stated it was an Insert-a-Dock. Benson stated it would come out easily since it is not a permanent dock. Vote on Motion: Motion passed 5/0. Mayor Bean stated the procedure would be to pursue a variance request with the Planning Commission. 8. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BID FOR PROJECT 95-14, EUREKA ROAD WATERMAIN IMPROVEMENTS AND PROJECT 95-15, SMITHTOWN ROAD (SOUTHERN LINK) W ATERMAIN IMPROVEMENTS City Engineer Brown reviewed the matter. Mayor Bean asked if the street would be patched, repaired and returned to its original profIle. Brown confirmed it would and added it is anticipated a seal coat would be applied in the fall of the year. Benson moved, McCarty seconded adopting RESOLUTION NO. 96-52, "A Resolution Approving Plans and Specifications and Authorize Advertisement for Bid for Project 95-14, Eureka Road Watermain Improvements and Project 95-15, Smithtown Road (southern link) Watermain Improvements." Motion passed 4/1. Stover was the dissenting vote. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICA TIONS AND AUTHORIZE ADVERTISEMENT FOR BID FOR PROJECT 95-16, SMITHTOWN ROAD WATERMAIN IMPROVEMENTS City Engineer Brown reviewed the matter. Benson moved, McCarty seconded adopting RESOLUTION NO. 96-53, "A Resolution Approving Plans and Specifications and Authorize Advertisement for Bid for Project 95-16, Smithtown Road Watermain Improvements." Motion passed 4/1. Stover was the dissenting vote. 10. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BID FOR PROJECT 95-17, STRAWBERRY LANE IMPROVEMENTS City Engineer Brown reviewed the matter. Benson moved, McCarty seconded adopting RESOLUTION NO. 96-54, "A Resolution Approving Plans and Specifications and Authorize Advertisement for REGULAR CITY COUNCIL MINUTES JUNE 10, 1996 - PAGE 6 . Bid for Project 95-17, Strawberry Lane Improvements." Motion passed 4/l. Stover was the dissenting vote. Mayor Bean inquired if Mr. Hidding had been assured the construction site will be restored to its current condition. Brown stated the utmost care would be taken in protecting the trees and damaged trees will be replaced as soon as possible. The City will continue to negotiate with the homeowner. 11. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE ESTABLISHING PARKING RESTRICTIONS AT CHRISTMAS LAKE ACCESS City Attorney Keane explained an ordinance which he prepared with regard to the request and complaints which were brought before the Council by the Christmas Lake Homeowners Association. Attorney Keane reviewed Subdivision 2 which is an addition to the ordinance. Police Chief Young was consulted with regard to enforcement and he stated there may be some issues, however, enforcement could be assisted if a complaining party would be willing to serve as a witness in the prosecution of the offense. City Administrator Hurm stated there had been a suggestion of making the traffIc one-way to the left on the lake side, however, it was felt that change would need to be approved by the Department of Natural Resources. In addition, the City would be responsible for signage. Councilmember Benson stated he was in favor of the ordinance because there is a safety issue . which arises when there are more cars in the parking lot than can be accommodated. Councilmember McCarty noted a similar situation which is apparent in Freeman Park. She further stated the key would be enforcement. Mayor Bean inquired as to the penalty. Councilmember Benson suggested a sign indicating "tow at owner's expense" would be a deterrent. Attorney Keane explained that City parking regulations do not provide for towing of tagged vehicles other than in snow emergency. Councilmember Stover asked if all of the parks have designated parking. Councilmember McCarty stated there is not enough parking at Freeman Park and there is a blatant disregard for the no parking areas. In addition, parking spaces need to be designated to prevent vehicles being parked at angles and in restricted areas. Brown informed the Council not less than nine additional signs were being added to the Christmas Lake access and South Lake Police stated they would increase patrolling in the area. Councilmember Shaw stated clarifIcation should be made to address the issue of boat launching. He expressed concern the DNR or some other authority would say this is a boat launching area which has been made illegal. Mayor Bean suggested specifying the area as a boat launching area and not a parking area. Attorney Keane stated he will respond to this request. He asked if the Council would like to see towing addressed as an additional enforcement mechanism. Councilmember Benson stated he felt it should be included and Councilmember Stover suggested the ordinance be worded to allow the police officer to make the decision. Keane clarifIed that towing from public property without notice is limited to safety issues such as blocking a ftre hydrant or parking in a fIre lane or bus stop, otherwise a four hour notice would be required pursuant to state law. . REGULAR CITY COUNCIL MINUTES JUNE 10, 1996 - PAGE 7 12. LMCD REPORT BY REPRESENTATIVE BOB RASCOP . Mr. Rascop reviewed the budget for the LMCD stating there is a 4 percent increase in salaries, however other budgeted items are similar to what was budgeted in the previous year. Mr. Rascop highlighted the changes which were made to the budget. He stated one of the goals would be to reduce the reserve fund to six months of operating expense. Mr. Rascop stated that due to a rent increase effective November 1st, the LMCD is looking for new office space. Mayor Bean inquired how the 4 percent salary increases were rationalized. Mr. Rascop stated 4 percent was included in the budget, however there was not a commitment at this point to utilize those funds. Mayor Bean commented that other groups such as administrative and public works groups in the South Lake area had been approving budgets in the neighborhood of less than 2.5 to 3 percent and noted the LMCD was requesting 25 percent more than those groups. Mr. Rascop assured the Council he will take that input back to the LMCD. Mayor Bean asked if the office lease and storage was reflective of a new lease. Mr. Rascop stated it was based on the original lease. Mayor Bean noted an increase of $5,000. Mr. Rascop stated that is reflective of the proposed increase on November 1st. Mayor Bean asked if the budgeting had been based on staying in the Norwest Building and Mr. Rascop confirmed it had. Mayor Bean stated detail should be provided as to how the salary dollars will be spent. Mr. Rascop commented on the dock situation with regard to the zoning violation of Vernon Faaberg, 4340 Enchanted Drive. He stated the LMCD does not currently forbid docks on outlots. At the present time, the LMCD has many docks on outlots around the lake. He further explained that in this particular situation, one 24 foot dock would be allowed which is large enough for two boats. Councilmember Stover noted the LMCD is referred to in the ordinance. . Mayor Bean recessed the meeting at 9:30 p.m. and reconvened the meeting at 9:35 p.m. 13. ADMINISTRATOR & STAFF REPORTS City Engineer Brown stated bids had been taken on the Southshore Senior Community Center. The bids ranged from $697,000 to $902,628. A total of eight bids were received. The architects on the project have met with the bidder. Due to a disparity of approximately 29.5 percent between the bids, the contractor was informed there would be no change orders on the project. Brown stated the contractor was confident with his bid. City Administrator Hurm reviewed a memo with the Council and stated before the contract is awarded, the City would need to meet with representatives of the Friends. He reviewed the Expense and Revenue Report which was made available to the Council. Hurm further stated City staff is still meeting with the Minnehaha Creek Watershed District regarding a wet versus dry pond. Mayor Bean expressed concern in letting the bid until Deephaven's contribution is received. There is an issue of the interest that Deephaven benefits fro~ ret~ning the funds. Mayor Bean stated the executed contract was not contingent on the bids comIng m. . Councilmember McCarty asked why there was such a large discrepancy indicated under canopy alternate No.3. Brown stated the only conclusion he arrived at was the fact that the contractor was from outside the Twin Cities area and is using labor outside of the Twin Cities area. McCarty also inquired if Brown was familiar with this contractor. Brown stated he was not and references are being checked to ensure that everything is proper. Brown stated a due diligence background will be completed when the matter comes back to let the bid. . . . .. .. ... REGULAR CITY COUNCIL MINUTES JUNE 10, 1996 - PAGE 8 14. MA YOR & CITY COUNCIL REPORTS Councilmember Stover inquired about the restoration to Howard's Point Road. Brown confIrmed the road will be restored to the same condition or better than it was before the project. He added due to the amount of disturbance which has occurred on that roadway, the City should consider overlaying the roadway. Planning Director Nielsen stated Lundgren Brothers have asked to begin construction on Smithtown Road next spring. They had been given an extension to August of this year to submit their fmal plat, however, the P.D.D. ordinance allows them only one six month extension. Consideration was given to having Lundgren Brothers submit their fmal plan materials, including final plat, and then include a provision in the Development Agreement which requires fmal plat to be recorded by June of 1997. This would allow the contractor additional time to pay the park dedication and sewer fees and submit a Letter of Credit. Nielsen stated this appeared to be a reasonable solution to the problem. 15. ADJOURNMENT Shaw moved, McCarty seconded to adjourn the City Council meeting at 9:59 p.m. subject to payment of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: 1:.'/1' ...;e':;' :):. , ~ .U,--,\ I Jh~.(~.{U_. ROBERT B. BEAN, MAYOR /1 .' I!~(,,~ JAME-I2. HURM, CITY ADMINISTRATOR Ii U