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080894 CC Reg Min . . . I CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDA Y, AUGUST 8, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1 . CONVENE CITY COUNCIL MEETING Mayor Brancel called the meeting to order at 7:00 p.m. A . Pledge of Allegiance B . Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis, and Stover; City Engineer Dresel, City Attorney Keane, Deputy City Clerk Naab, and Planning Director Nielson. C. Review Agenda Daugherty moved, Stover seconded to approve the agenda for August 8, 1994, amended by the addition of item 4.B. Park Report, and an Executive Session following adjournment of the Regular Meeting. Motion passed 5/0. 2. APPROV AL OF MINUTES A. City Council Regular Meeting Minutes - July 11, 1994 Stover moved, Daugherty seconded to approve the July 11, 1994 City Council regular meeting minutes. Motion passed 3/0. Brancel and Lewis abstained. B. City Council Regular Meeting Minutes - July 25, 1994 Stover moved, Benson seconded to approve the July 25, 1994 City Council regular meeting minutes, with a correction to page 2, sentence 2, paragraph 3 under agenda item 4.B., change the word "various" to "Variance." Motion passed 3/0. Daugherty and Lewis abstained. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for August 8, 1994. Lewis moved, Stover seconded to approve the Consent Agenda and to adopt the Resolutions and Motion therein: A. RESOLUTION NO. 94-63 "A Resolution Making an Appointment to Suburban Alliance (Formerly West Hennepin Human Services Planning Board)" Dale Woodbeck for remainder of calendar year 1994. B. RESOLUTION NO. 94-64 "A Resolution Granting a Conditional Use Permit and a Driveway Setback Variance for the Vine Hill Market." Applicant: James Pyle Location: 19215 State Highway 7. . REGULAR CITY COUNCIL MINUTES August 8, 1994 - Page 2 C . Motion to Approve a Sign Permit for Brynmawr Place. D. RESOLUTION NO. 94-65, "A Resolution Appointing 1994 Primary Election Judges." Motion passed 510. 4. PUBLIC HEARING - 7:15 - A MOTION TO ADOPT A RESOLUTION REGARDING VACATION OF A DRAINAGE AND UTILITY EASEMENT Applicant: The Landschute Group. Location; 6055/6065 Ridge Road. Mayor Brancel announced the application. Brancel opened and closed the public hearing at 7: 18 pm there being no comments from the public. Stover inquired whether verification of the lot combination has been received. Nielsen stated that Hennepin County has made verbal confIrmation and a verifIcation letter is forthcoming. Stover moved, Lewis seconded to adopt RES 0 L UTI 0 N NO. 94-66. "A Resolution V acating Certain Drainage and Utility Easements, " subject to the applicant providing evidence that the two lots have been legally combined. Motion passed 5/0. . 4.B. PARK COMMISSION - Report by representative Park Commission Chair McCarty reported the Commission's discussion regarding possible solutions for speeding problems at Freeman Park following completion of asp halting there. Dresel indicated that a recommendation for establishing a speed limit is being developed. McCarty reviewed the Commission's recommendations regarding its Capital Improvement Program and 1995 operating budget and preliminary plans for a Shorewood Parks Spring Festival. 5. PLANNING - Report by Representative - None. Consideration of Recommendation to Declare a Development Moratorium and Set Public Hearing Date Nelsen described the Planning Commission's recommendation to the Council that it declare a development moratorium, outlined the Commission's justifIcation for its position, reviewed the status of applications before the Commission, and recommended a course of Council action to implement an interim development moratorium ordinance. Daugherty suggested that the Council meet in a joint session to discuss and clarify with the Commission its rationale for recommending a development moratorium. He stated that discussion would encompass Comprehensive Plan issues including density as well as consideration of an expeditious approach to progressive development of the remaining properties in Shorewood. Daugherty moved, Stover seconded to table to August 22, 1994 consideration of the Planning Commission's recommendation to declare a development moratorium. Motion passed 5/0. . REGULAR CITY COUNCIL MINUTES . August 8, 1994 - Page 3 . . The Councilmembers agreed to schedule a Joint Meeting with the Planning Commission on Monday, August 15, 1994 for the purpose of discussing a development moratorium. Mr. Krass, representing the Abingdon Corporation, expressed concern about delays in Planning Commission action and requested that the Council give the Commission direction for action with respect to applications tabled due to the recommended moratorium. The consensus of the Council was that the Commission should continue to administer its own agendas. B. A Motion to Adopt a Resolution Approving a Fence Setback Variance. Applicant: Judy Christensen-Walden. Location: 5755 Merry Lane. Benson suggested that a sunset provision to provide for removal of the fence be added to the resolution given the fact that justifIcation for the variance is based on safety for young children. He proposed that a 5-year limit would be appropriate and that if necessary the applicant may at that time apply for an extension. Benson expressed overall concern about the placement of fences in close proximity to the lake, pointed out that this variance sets a precedent for allowing fences within a 50' setback, and reiterated his preference that a time limitation condition be attached to the variance. It was explained that variance approval remains with the property not the property owner. Ms. Walden-Christensen stated that while her children are now ages 2 and 3-112 years, her child- bearing years may be an additional 5-10 years. Lewis stated the entire house is located in the 75' setback area therefore given such encroachment, the variance is justifIed in order that the owner can make reasonable use of the property. Stover agreed that the issue is whether the variance is justifIed and stated that it would be diffIcult to determine a reasonable length of time for the variance due to unknown circumstances. Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 94-67." A Resolution Granting a Setback Variance to Judy Christensen-Walden. Motion passed 4/1. Benson voted nay. C. A Motion to Adopt a Resolution Approving Concept Stage Plans for Heritage P.D.D.- Applicant: Abingdon Development Corporation. Location: South of Edgewood Road approximately 700 feet east of Howard's Point Road. Nielsen explained that this application is affected by the proposed moratorium. He suggested that the Council may wish to refer the matter back to the Planning Commission for review of the Council's revision to the Commission's original recommendation for this P.D.D. Stover moved, Benson seconded to refer back to the Planning Commission the concept stage plans for Heritage P.D.D. for its review of the proposed Council resolution. Motion passed 5/0. D. A Motion to Adopt a Resolution Approving an Amendment to the C.D.P. fqr Minnewashta Elementary School. Applicant: Minnetonka School District. Location: 26350 Smithtown Road. . . . REGULAR CITY COUNCIL MINUTES August 8, 1994 - Page 4 Nielsen explain~~ that in the re~e~t assembly of land parce~s for the Minnewashta Elementary School, the conditIOnal use penrut ltsted all of the property whIch the school district controls on the legal description for the C.U.P., including the western-most 10 acres which the district had intended to sell. While the C.U.P. provisions do not impact the westerly 10 acres, the title company for the prospective buyer of that parcel, requests the City to adopt a resolution stating that the C.U.P. does not include the westerly portion of the property. Daugherty moved, Stover seconded to adopt RESOLUTION NO. 94-68, 'A Resolution Amending Shorewood Resolution No. 78-94 Granting a Conditional Use Permit and Setback Variances for the Minnewashta Elementary School." Motion passed 5/0. 6. ~ CONSIDERA TION OF THE PROPOSED SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT 1995 OPERATING BUDGET Daugherty moved, Stover seconded to table consideration of the 1995 South Lake Minnetonka Public Safety Department 1995 Operating Budget. Motion passed 5/0. 7. CONSIDERATION OF A STREET LIGHT REOUEST Applicant: Amesbury West Homeowners' Association. Location: South end of Bayswater Road. Nielsen stated that correspondence regarding the installation of a street light petitioned by the Amesbury West Homeowners Association support the action. He reported that persons within a 500' radius of the location were notified. Lewis moved, Daugherty seconded to approve installation of a street light at the end of the cul-de-sac on Bayswater Road. Motion passed 5/0. 8. A MOTION TO ADOPT A RESOLUTION APPROVING PRELIMINARY PLANS FOR CHRISTMAS LAKE ROAD INTERSECTION Dresel referred to Mr. Tom O'Keefe's letter dated July 21, 1994 responding to concerns raised by the Council at its July 11 meeting. Mr. O'Keefe, representing the Minnesota Department of Transportation, reviewed the Department's responses. He stated that while 50 mph design specifications are considered sufficient for this project (where the posted speed limit is 45 mph), the proposed project achieves stopping sight distances greater than those required to meet 60 mph design specifications. Larger signal lamps hung over each lane will replace the existing system. Two current business buildings on the north side close to the right of way lines will not be removed. Surveys will be conducted to determine the exact property lines and options have been developed to deal with any encroachment on to MnDOT right-of-way. The project includes placement of pedestrian ramps, signals and crosswalks across all logs of the intersection, O'Keefe stressed that prompt City approval is desirable in order that the project may be included in the 1996 construction schedule. Daugherty expressed appreciation for MnDOT's re-consideration of its design plans for the intersection and stated his general acceptance of the proposed project as presented. . REGULAR CITY COUNCIL MINUTES August 8, 1994 - Page 5 Benson stated he could not support the proposed design and explained that his concerns include the right-of-way issue on the north side, Shorewood's inequitable concessions, and that the project provides only limited improvement while the opportunity exists to make a 100% correction to the intersection. Stover requested clarification of the options available for the right-of-way encroachment. O'Keefe stated that an agreement (not including condemnation) would be negotiated with the current property owner that would expire upon change of ownership. He stated that at the time of redevelopment of the site, legal setback distances will be required. Lewis acknowledged that negotiation for further compromises with the City of Greenwood on design changes appears to be futile based on past experience. Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 94-69. "For Layout Approval." (Preliminary Plans for Christmas Lake Road Intersection Project.) Motion passed 3/2. Benson and Stover voted nay. 9. MATTERS FROM THE FLOOR . Mr. Robert Gagne, Chair of the South Shore Community/Senior Center Committee, reviewed the status of the Committee's efforts during the past two years. Currently it is suggested that a survey of the 5-city residents be conducted to determine whether the residents want a community center. Gagne inquired whether the Community Block Grant. Funds previously assigned to Shore wood could be used to fmance the survey which is estimated to cost $10,000. The Councilmembers discussed the request and other matters related to the proposed construction of senior/community center. General frustration was expressed with the process and lack of cooperation with the joint powers cities which has precluded any definitive progress toward construction of a senior/community center. Lewis suggested that the question of such a center be put to the residents in a referendum-style vote. Keane stated he would research the legality of the suggestion. The Council reiterated its support and commitment to continued efforts toward construction of a senior/community center. 10. DISCUSSION ON POLICY ISSUES - None. 11. ADMINISTRATOR AND STAFF REPORT Dresel reported that the lower cost option for a drainage maintenance project in the Near Mountain area was presented to and rejected by the affected residents. The cost of the preferred option is $25,000 which the residents are not willing to finance. Dresel indicated that options remaining are the lower cost project or to do nothing; however, icing from water runoff creates safety problems. Following discussion, the consensus of the Council was that the Engineer should seek lower bids for the preferred option. If a lower cost cannot be negotiated, the Engineer is authorized to proceed with the maintenance design previously selected by the Council. . 12. MA YOR AND CITY COUNCIL REPORTS - None. 13. ADJOURN TO AN EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS "'" . . . REGULAR CITY COUNCIL MINUTES August 8, 1994 - Page 6 Keane noted the Council will consider pending litigation during the Executive Session. Benson moved, Stover seconded to adjourn the City Council meeting to an Executive Session at 8:30 p.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk, Recording Secretary TimeSaver Off Site Secretarial ATTEST -