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120496 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING WEDNESDA Y, DECEMBER 4, 1996 MINUTES 1. CONVENE CITY COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Mayor Bean called the meeting to order at 7:33 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; Finance Director A1 Rolek, Planning Director Brad Nielsen and Engineer Larry Brown. B. Review Agenda Mayor Bean noted that Item 2C will be removed from the agenda. Item 7 has been changed to Consideration of a Motion to Authorize the Mayor and City Administrator to Enter into a Right of Entry Agreement in favor of MN/DOT for City Owned Property Located at the SW Quadrant of Christmas Lake Road and TH 7. Shaw moved, Benson seconded to approve the agenda as amended for December 4, 1996. Motion passed 5/0. 2. CONSENT AGENDA Mayor Bean read the Consent Agenda for December 4, 1996. McCarty moved, Shaw seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion to Approve Revised Job Descriptions B. A Motion Adopting RESOLUTION NO. 96-109, "A Resolution Refunding Sewer, Water and Park Fees - John Paulson." Motion passed 5/0. 3. MATTERS FROM THE FLOOR Duncan Storlie, 5375 Eureka Road, provided a letter from Greg Larson, Director of the Eureka Neighborhood Association, relative to the Watten Ponds P.D.D. and read the letter into the record. Agenda Item No. 7 was the next item considered. 4. PLANNING Planning Commissioner Turgeon reported on the matters considered and actions taken at the December 3, 1996 meeting of the Planning Commission (as detailed in the minutes of that meeting) . REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 4, 1996 - PAGE 2 . A. A Motion to Adopt a Resolution Approving the Final Plat - Watten Ponds Applicant: Location: Abingdon Development Corp. 5370 and 5340 Eureka Road Charles Dillerud was present and pointed out the Development Agreement contains a clause relative to the issuance of occupancy permits and stated there should be a reference excepting the fmallift of asphalt. Mr. Dillerud noted his agreement to the remainder of the recommendations. With respect to Mr. Greg Larson's letter referencing Minnesota Statute 462.357 Subd. 2, Mr. Keane explained that due to some revisions in the statute, consistency between the Comprehensive Plan and zoning is the law in the seven county area. Mayor Bean stated it was noted in the Comprehensive Planning process that there was an intention that inconsistencies which exist in the City should be eliminated over time. . Mayor Bean noted entrance improvements are defined in Article 3 of the Covenants and asked what lighting is anticipated at the entrance. Mr. Dillerud stated the plan at the present time is to use the two stone structures which exist, move them south and reinstall them at the new street entrance. He said there had been consideration given to putting carriage lamps on the structures, but not the lighting of any signage. Mayor Bean asked if lighting should be limited at this time. Mr. Dillerud suggested a provision could be added to the Development Agreement that lighting plans of any type would be brought before the Council for approval. Nielsen pointed out the project is not large enough to qualify for a monument type subdivision sign. Mr. Dillerud also noted street lighting has not been proposed. Mayor Bean referenced Section 11 of the Resolution which was approved in October which states a provision will be made in the final plans to maximize the amount of natural vegetation on each home site. He commented he would like to see some definition which describes how much landscape and sod is put in as opposed to leaving the natural vegetation in place. Mayor Bean stated he would like to ensure the area looks as natural as it is now. Mr. Dillerud felt the efforts made to maximize the area which would not be disturbed by prohibiting accessory structures and tennis courts, in some cases increasing the rear buffer, and instituting conservation easements would address this issue. Mayor Bean asked to what degree esthetics and the existing vegetation could be maintained as opposed to clear cutting all of the undergrowth and replacing it with sod yards. Mayor Bean suggested the amount of yard be limited to 15 feet on the side yards and 25 feet on the front and back yards. Mr. Dillerud felt 25 feet was reasonable for the rear yard. Councilmember Benson was in agreement with Mayor Bean, however, he felt each lot would need to be treated on an individual basis and that defining an exact number of square feet would be too restrictive. Mayor Bean stated his intention to be whatever is naturally growing, be left naturally growing. Mr. Dillerud pointed out the developer is limited to a 15-foot radius around the building pad which can be disturbed. Councilmember Stover commented that nothing will grow in the tree canopy area other than natural vegetation. . . . . " REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 4, 1996 - PAGE 3 Mayor Bean suggested adding a provision to the Development Agreement that sodding be to the degree of the grading disturbance and no further. Mr. Dillerud was in agreement with this, but noted he cannot control what future home owners will do. Councilmember Stover felt the homes would be purchased the way the developer leaves them in the natural vegetative state and the tendency would hopefully be to leave them in that state. Mayor Bean requested that Paragraph 12 be added to the Development Agreement which provides that permanent improvement will be limited to the graded area as referenced in the resolution. Mayor Bean noted the legal documents are the Resolution which includes the Development Agreement, the Declaration of Covenants, and the Conservation Easement Agreement. The Development Agreement would be modified to the extent of Nielsen's December 4th memorandum and the two issues raise by Mayor Bean. The covenants would also be amended relative to Nielsen's memorandum which refers back to items added to the Development Agreement. Stover moved, McCarty seconded adopting RESOLUTION NO. 96-110, "A Resolution Approving the Final Plat - Watten Ponds for Abingdon Development Corp., 5370 and 5340 Eureka Road" subject to execution of the final revised agreements including the items set forth in Nielsen's memorandum of December 4, including Paragraph 12 which would limit the developer in terms of restoration in the area only to the extent of the grading and as defined in the original Resolution, adding a paragraph to the Conditions of Approval that a final lighting plan would be subject to City approval and subject to entering into the Conservation Easement Agreement. Motion passed 5/0. Mr. Storlie asked if the covenants would become a part of the deeds and follow into the future. Mayor Bean confirmed this was true. Mr. Storlie requested a copy of the covenants. Mr. Watten addressed the Council and expressed his appreciation to the Council. He stated the wooded areas are not a static situation and are growing rapidly. B . A Motion to Approve Extension of Deadline to File Final Plat - McCary Addition Applicant: Location: Carl Zinn on Behalf of Tom and Mary McCary 6010 Ridge Road Nielsen stated Mr. Zion is requesting a 90-day extension because of concern relative to the requirement of a trunk water charge for a property which does not have water available to it. Mr. Zinn would like to bring this matter before the Council in January. Nielsen explained extensions have been previously granted on the filing of a final plat. Should the extension be approved, the developer would be subject to the fees in place at that time the final plat is filed. In addition, prior to the release of the plat, the title commitment would have to be updated. Councilmember Stover asked how long an approval would be valid in an instance where the applicant continues to ask for extensions. Attorney Keane explained the applicant's rights vest for two years and requirements could be imposed relative to filing and other execution formalities, however, the City may not change the regulations or rules for two years after final plat approval. . . . REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 4, 1996 - PAGE 4 Benson moved, McCarty seconded approving a 90-day extension of the deadline to file final plat - McCary Addition for Carl Zinn on behalf of Tom and Mary McCary, 6010 Ridge Road, subject to the filing of an updated title opinion and fees paid based on what is in effect at the time the plat is filed. Motion passed 5/0. 5. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION AND AUTHORIZING APPROVAL TO PREPARE FEASIBILITY REPORT FOR BLEGEN PROPERTY Mayor Bean asked the cost of the feasibility study. Engineer Brown estimated approximately $1,500 to $2,000 which would be paid by the developer. Mayor Bean clarified there are no other homeowners affected by this extension. Mayor Bean inquired if this would impact or preclude an interconnection of the southeast with the Amesbury well which would be an extension of the watermain down Manor to St. Albans. Brown stated as part of the feasibility study moving forward, the City will review the recommendation with the 20-year implementation plan relative to what the size was and possibly the City would pay for the oversizing for the portion along Manor Road since it would occur as a part of the City extension. Councilmember Stover asked if the formula were applied which provides that newly created lots would be assessed $10,000 and the existing lots $5,000, and the developer funds the water, would he also pay the assessments and the City fund the water. Nielsen explained the developer is requesting the assessments and trunk charges be assessed along with the actual physical improvements. Stover moved, Benson seconded adopting RESOLUTION NO. 96-111, "A Resolution Accepting a Petition and Authorizing Approval to Prepare a Feasibility Report for Blegen Property." Motion passed 5/0. 6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING APPROVAL TO UPDATE GLEN ROAD FEASIBILITY REPORT Brown explained an equation will be developed to determine how many credits the City will receive from this wetland which could mitigate the amount of ponding to be done on Strawberry Lane. Mayor Bean questioned what the impact will ultimately be on the homeowners on Glen Road and the surrounding area. Brown stated it would be staffs recommendation that any dollars received from the Watershed District would be applied toward reducing the amount taxed to that district. Nielsen pointed out the goal of the Watershed District is to create larger, more effective drainage systems which allow for the treatment of more water as opposed to the small NERP ponds. Councilmember Stover stated the problems created by broader than one community could best be solved by broader than one community and she stated she was hopeful the Watershed District would consider the aspect of a cooperative system. Mayor Bean commented that Tonka Bay generates water into this system and inquired as to flooding problems in Tonka Bay. Nielsen noted a fair amount of water does come into Shorewood from the shopping center area, however, Shorewood's water also flows back into Tonka Bay as well. . . . REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 4, 1996 - PAGE 5 Mayor Bean felt clear and distinct choices would need to be made relative to the stormwater system. He inquired if this report would be incorporated in the citywide plan which is scheduled for 1997. Brown stated much of the same analysis would be involved, however, this report would be incorporated into the stormwater management plan. Stover moved, McCarty seconded adopting RESOLUTION NO. 96-112, "A Resolution Authorizing Approval to Update Glen Road Feasibility Report not to exceed $5,000." Motion passed 5/0. 7. CONSIDERA TION OF A MOTION TO AUTHORIZE THE MAYOR AND CITY ADMINISTRATOR TO ENTER INTO A RIGHT OF ENTRY AGREEMENT IN FAVOR OF MN/DOT FOR CITY OWNED PROPERTY LOCATED AT THE SW QUADRANT OF CHRISTMAS LAKE ROAD AND TH 7. Engineer Brown explained that authorization of the Right of Entry Agreement for MN/DOT to continue with their planned construction will not affect the right-of-way acquisition. Councilmember Shaw inquired if any information had been received from the highway department relative to reducing the temporary easement which would reduce the number of trees on the south side of Highway 7. Brown explained since the City has not viewed the [mal plans, MN/DOT has not been asked to reduce the temporary easement. Councilmember Shaw felt MN/DOT should be able to work within their own easements rather than disturbing the trees in the area. In addition, he inquired what type of disturbance would occur in this area. Mayor Bean felt there would be a fair amount of disturbance to the area in light of the work being undertaken by MN/DOT. In addition, he felt tree preservation could become a point of discussion. Councilmember Stover noted MN/DOT has land to the north which could be used, however they choose not to utilize this. She pointed out that in past discussions assurances had been made that the trees in the subject area would not be disturbed. Councilmember McCarty suggested the Council consider not entering into a right of entry agreement until such time as these issues are resolved. Administrator Hurm suggested inviting a representative of MN/DOT to the December 16, 1996 Council meeting to address the matters in question. Stover moved, Shaw seconded tabling the motion to authorize the Mayor and City Administrator to enter into a Right of Entry Agreement for in favor of MN/DOT for City owned property located at the SW Quadrant of Christmas Lake Road and TH 7 until the December 16, 1997, Regular City Council Meeting. Motion passed 5/0. Mayor Bean adjourned the regular City Council meeting to the Special Meeting of the City Council, Truth in Taxation Public Hearing at 7:55 p.m. Mayor Bean reconvened the regular City Council meeting at 9:01 p.m. Agenda Item 4A was the next matter considered. . . . , . REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 4, 1996 - PAGE 6 8. CONSIDERA TION OF A MOTION TO ADOPT AN ORDINANCE AMENDING SECTION 202 - PARK COMMISSION Hurm pointed out that the amendment removes the language that "the failure of any member to attend three consecutive meetings shall be a basis of the Council to remove that member from the Commission," and which had been replaced by a provision of removal for cause. This amendment makes this ordinance consistent with the ordinance relative to the Planning Commission. Benson moved, Stover seconded adopting an ordinance amending Section 202 - Park Commission. Motion passed 5/0. 9. ADMINISTRATOR & STAFF REPORTS Engineer's Report on Minnewashta School Ballfield Revisions Brown explained the school district has revised their plans and the Watershed District has approved their permit. The district is very anxious to proceed and will construct the NERP pond this winter. The proposal has been reduced to two baseball fields and an abbreviated soccer field. Mayor Bean inquired if the northern rim of the basin would be altered in any way. Brown noted the adjacent residents had expressed concern relative to the wooded area and that area will not be disturbed. 10. MAYOR & CITY COUNCIL REPORTS - None 11. ADJOURNMENT Shaw moved, Stover seconded to adjourn the meeting to an Executive Session at 10:55 p.m. subject to the payment of claims. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: JA -~ ROBERT B. BEAN, MAYOR tM1r1 ADMINISTRATOR