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052896 CC Reg Min . . . ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING TUESDA Y, MAY 28, 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 Hurm; City Attorney Coyle, Planning Director Brad Nielsen, Finance Director AI Rolek and Engineer Larry Brown. Review Agenda B. Stover moved, McCarty seconded to approve the agenda for May 28, 1996. Motion passed 5/0. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes - May 13, 1996 McCarty moved, Stover seconded to approve the City Council Regular Meeting Minutes of May 13, 1996, amended as follows: on Page 1, Item 2 "A" change "reach" to "read"; Page 3, Item 6, Line 3, change "Watten Ponds P.U.D." to "AmocolMcDonald's/Car Wash Facility P.U.D." Page 8, Paragraph 7, Line 1 change "decision" to "difficult position"; Line 2, change "are a majority of the Council" to "are made by a majority of the Council"; Page 4, Paragraph 7, Line 3, change "like zonings meeting at back yards" to "unlike zonings meet in back yards"; Page 6, Paragraph 4, change "communist" to "communistic"; Page 6, Paragraph 10, Line 1 change "for a municipal system" to "for enhancements to the municipal water system"; Page 6, Paragraph 11, change "capping wells" to "capping municipal wells"; Page 7, Paragraph 2, Line 4, change "that process" to "the assessment ordinance process"; Page 7, Paragraph 3, Line 4, change "appropriateness" to "validity"; Page 7, Paragraph 4, Line 2, change "their water is horrible" to "their private well water is horrible"; Page 7, Paragraph 4, Line 3, change "from private wells" to "their private wells"; Page 7, Paragraph 8, Line 3, change "residing on Vine Hill" to "residing near Vine Hill"; Page 7, Paragraph 9, Line 3, change "harsh conditions" to "harsh weather conditions"; Page 7, Paragraph 9, Line "ran out of water in five minutes" to "ran out of water for five minutes"; Page 8, Paragraph 3, Line 3, change "aid" to "to"; Page 9, Item 8, Paragraph 1, Line 7, change "keeps the Council from being responsive to the people" to "keeps the Council responsive to the people." Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for May 28, 1996. McCarty moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: REGULAR CITY COUNCIL MINUTES MAY 28, 1996 . PAGE 2 . "A Motion Approving the Extension of the Filing of the Final Plat . McCary Addition." B. "A Motion Approving a Block Party Request on Glen Road for June 27, 1996 from 6:00 to 10:00 p.m.", Applicants: Elaine & Kent Adams. A. C. "A Motion Approving the Appeal and Request for Extension 0 f Deadline to Comply with Notice to Remove." Dan Ohland, 25070 Smithtown Road. 4. MATTERS FROM THE FLOOR Dennis Jabs, 20915 Radisson Inn Road, appeared representing the residents of the Christmas Lake Homeowners' Association. Mr. Jabs requested the Council to consider an ordinance clarifying the regulation of one vehicle per parking stall at the Christmas Lake access. He noted there has been a significant increase in boat traffic on the lake which has added to the congestion. The Homeowners' Association would like to encourage stricter parking enforcement at the public access. Martin Zgraggen, 5210 Shady Lane stated he would like to petition the Council to consider a change in zoning of the property located at 5170 Vine Hill Road from C3 to C 1 or less. He related his opinion the current zoning does not match a single family/single dwelling residential neighborhood. 5. DISCUSSION WITH REPRESENTATIVE TOM WORKMAN ON LEGISLATIVE ISSUES . Representative Workman briefly reviewed the past legislative session. He requested the Council's input relative to taxes, education funding, as well as other issues. Mayor Bean spoke to education funding through real estate taxes. He commented alternatives have been discussed other than a real estate tax as a way to fund schools. Mayor Bean expressed his concern local communities would lose control over the amount of funds to be expended on their own schools. Representative Workman informed the Council this is the biggest issue at the CapitoL He commented in 1995 Senate DFL suggested a property tax freeze. Representative Workman expressed his opinion this would not be the way to correct a very serious problem and informed the Council he had voted against the property tax freeze. He stated his understanding that education funding through property tax could only be replaced through increased income taxes and sales taxes, including an expanded sales tax. 6. PUBLIC HEARING 7:45 P.M. . REGARDING ISSUANCE OF LEASE . PURCHASE OBLIGATION AGREEMENT Finance Director Al Rolek stated the purpose of the public hearing was to receive public input into a Lease Purchase Agreement the City has negotiated with Norwest Investment Services for the financing of the Southshore Senior Community Center. Rolek gave a brief description of the matter. . Mayor Bean opened the public hearing at 8:52 p.m. Hearing no public comment, Mayor Bean closed the public hearing at 8:52 p.m. . . . REGULAR CITY COUNCIL MINUTES MAY 28, 1996 . PAGE 3 Stover moved, Shaw seconded adopting RESOLUTION NO. 96.47, "A Resolution Approving the Issuance of a Lease/Purchase Obligation Agreement for the Southshore Senior Community Center." Motion passed 5/0. 7. PLANNING . Report by Representative Commissioner Pisula reported on the study session held on May 21, 1996 (detailed in the minutes of that meeting). The Commission addressed the increasing demand for telecommunication services and telecommunication antenna services anticipated for the Shorewood area over the upcoming years. A. A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Revised Setback Variance Applicant: Location: Richard Hoyt 5710 Ridge Road Planning Director Nielsen reviewed the matter. Jim Penberthy, attorney for Richard and Ingrid Hoyt, addressed the CounciL Mr. Penberthy reviewed three points consisting of undue hardship, the intent of the statute in regard to setbacks, and precedence. He stated with regard to precedence, the courts have indicated when a variance is granted, a future applicant cannot request a variance based upon that particular decision. Councilmember McCarty inquired if the house has an attached deck on the lake side as welL Mr. Penberthy confirmed it does. Nielsen stated the Shoreline District Ordinance would allow for a landing at the bottom of a stair structure which is limited to 4' x 8' or no more than 32 square feet. Mayor Bean commented there has been a longstanding practice of saying the citizens of Shorewood are entitled to a consistent approach when variances are granted and when they are not. He further commented there is an issue of fairness which indicates criteria for granting variances should be applied in some uniform and consistent basis. Mayor Bean felt that the request for the variance comes back to the issue of hardship and the uniqueness of the property related to the elevation of the house to the water. He further commented many of the houses on Ridge Road have a similar situation. The ordinance allows for stair structures or an electric elevator to allow for access to the lake. A landing point which allows a reasonable use of the lake shore means getting from the home to the dock for access to the water. Mayor Bean stated he was having difficulty with uniqueness of the property which suggests a variance is unique to this topography and denies the residents' reasonable use. Their access to the lake is much the same as other residents on Ridge Road. Councilmember McCarty expressed her agreement with Mayor Bean. She further stated she did not recognize an undue hardship because there is access to the water. The property is acceptable and useable. McCarty explained for a variance to be granted, every criteria would need to be met. Councilmember Stover stated her disagreement. She stated the hardship is the height of the elevation, the topography, and the property is not the normal average. Stover expressed her belief that consistency in the issuing of variances is based on following the intent of the ordinance and use must be consistent or comparable. She stated this variance is not out of character with the neighborhood. Stover further stated many variances have been granted over the years and the '. REGULAR CITY COUNCIL MINUTES MAY 28, 1996 - PAGE 4 . Council must be consistent in how the variance regulations are applied. She expressed her belief the topography of the property is the hardship. Mayor Bean explained the Shoreline District, throughout the city, does not allow a deck structure within 75 feet of the shore. Stover commented houses are also not allowed within 75 feet however there are houses within that distance. Mayor Bean pointed out these homes had bee~ grandfathered in. Stover further stated this would not be the fIrst time this area would have been invaded. Since the Shoreline Ordinance was written, people have been allowed to substantially change and improve unusable structures on property which is in 20 to 30 feet of the shoreline. Stover noted the general principle has been if the existing grandfathered conditions can be improved, the Council can approve the variance. She further commented she sees an active and passive use of the lake and when buying property, people expect to get both. Councilmember Benson stated this is an aesthetic issue and the residents are not asking for something unique to their area. Over 50 percent of the residents on that lake have structures such as -docks, boat houses and decks in violation of the 75 foot setback which were either grandfathered in or built after the Shoreline District date. He commented he views this situation differently now than he did in 1986 when the 75 foot setback was adopted. Benson expressed there is a problem with not being receptive and the Council needs to work with homeowners and reflect what is existing. He stated the homeowners in this situation have a reasonable request and he is in agreement with the staff recommendation. Mayor Bean commented the Shoreline District requires a 75 foot setback and if the Council believes that is too much, then that should be addressed. The Council is clearly within the timeframe of the ordinance and the defInition of reasonable use. . Councilmember Stover stated if everything was kept exactly the way the ordinance is written, a variance would never be granted anywhere for any reason. Mayor Bean disagreed stating the variance is applied where the rules came into effect after the fact. Stover stated the residents are making an improvement for what the intent of the Shoreline ordinance says. They may not be the only residents who will come in with a similar variance request. If enough variance requests come in and are granted, then the Council needs to look at changing the ordinance. Councilmember McCarty commented the resident must meet the criteria for granting a variance. Shaw agreed with Stover's reference to active and passive use of the lake. He commented there are many reasons to use the lake and shore. Shaw concurred with Stover that an undue hardship would result in denying the variance. Stover moved, Benson seconded to direct staff to prepare a Findings of Fact granting a revised setback variance for Richard Hoyt, 5710 Ridge Road. Motion passed 3/2. McCarty and Bean were the dissenting votes. Mayor Bean stated this matter will be considered on the June 10th agenda. Attorney Penberthy announced the Hoyts are at this time invoking the provisions of Statute 15.99. B. A Motion to Direct Staff to Prepare a Findings of Fact Regarding a Preliminary Plat and Conditional Use Permit for Amoco~lcDonald's Car Wash Facility P.U.D. . Applicant: D.Y.S. Properties, Represented by Larry Y oungstedt 5170 Vine Hill Road Location: . . . ,~ .. -REGULAR CITY COUNCIL MINUTES MAY 28, 1996 - PAGE 5 Planning Director Nielsen stated he had received correspondence prior to the meeting from Mr. John Kosmas, KK Design, requesting no action be taken at this meeting while the developers evaluate the recommendation of the Planning Commission. Nielsen gave a detailed review of this matter. Mr. John Kosmas, KK Design, requested that the matter be tabled for 45 days to address the recommendations of the Planning Commission. He understood that the process, at this time, would be for a concept approval rather than development approval. Councilmembers Benson, McCarty and Stover expressed their belief this project is too intense for the site. City Attorney Coyle explained the Council could allow the matter to be tabled or could take action to deny the plan. He further explained if the applicant would choose to withdraw the plan, he would not suffer a six month delay and could submit a new application at any time. Mr. Kosmas requested to withdraw the application. Councilmember Benson stated his inclination would be to make a motion to deny, and informed Mr. Kosmas extensive changes would need to be made to the present plan. Benson moved, McCarty second to accept withdrawal of the application regarding a preliminary plat and conditional use permit for Amoco/McDonald's car wash facility P.U.D. Motion passed 5/0. Mayor Bean recessed the meeting at 9:27 p.m. and reconvened at 9:37 p.m. C. A Motion to Approve a Building Moving Permit - Remove Detached Garage Applicant: Location: Mark Warren 5260 St. Alban's Bay Road Planning Director Nielsen reviewed the matter. Mr. Warren appeared and informed the Council he is in agreement with the conditions recommended by staff. Benson moved, Stover seconded approving a building moving permit to remove a detached garage for Mark Warren, 5260 St. Alban's Bay Road. Motion passed 5/0. D. A Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance Applicant: Location: Ron Born 4865 Ferncroft Drive Planning Director Nielsen reviewed the matter. Mr. Born appeared and informed the Council he is in agreement with the conditions recommended by staff. Stover moved, Shaw seconded to direct staff to prepare Findings of Fact granting a setback variance, subject to staff recommendations, for Ron Born, 4865 Ferncroft Drive. Motion passed 5/0. '. (REGULAR CITY COUNCIL MINUTES MAY 28, 1996 - PAGE 6 . E. A Motion to Adopt a Resolution Denying a Rezoning and C.U.P. for Watten Ponds P.U.D. Applicant: Location: Dahlstrom Abingdon L.L.P. 5340 and 5370 Eureka Road Planning Director Nielsen reviewed the matter. He stated the applicant has requested no action be taken on the 12-unit proposal and that he be allowed to return to the Planning Commission with a revised plat. This request would be heard at the July 2 Planning Commission meeting. Nielsen explained direction has been given by both the Planning Commission and City Council there would be a preference to zone P.D.D. rather than RI-C. As a result, a second public hearing will be required at the Council level. The applicant has also asked for an extension of the statutory guideline for review. Chuck Dillerud explained, since the last Council meeting, that an agreement was reached by the developers to accommodate a smaller plat. He expressed a concern with time and stated he would like to expedite scheduling of this project. Mr. Dillerud stated he could have materials available for the June 18th Planning Commission meeting. Mr. Dillerud expressed concern there would be a public hearing at the Council level and did not realize the original hearing would be reopened at the Planning Commission level. Nielsen stated he is not comfortable with that timeframe and felt the July 2 meeting would be a more reasonable date. . Councilmember Stover recommended a referral back to the Planning Commission based on a revised plat for a P.D.D. and ten units or less. Mayor Bean agreed and stated he would expect a much more detailed development plan than was previously presented with regard to tree preservation and street location. Stover moved, Shaw seconded to table the request for a resolution denying rezoning and C.U.P. for Watten Ponds P.U.D. and refer the matter back to the Planning Commission. Motion passed 5/0. 8. 1995 ANNUAL AUDIT REPORT - ABDO, ABDO AND EICK AND PRESENTATION OF AWARD CERTIFICATE OF ACHIEVEMENT IN FINANCIAL REPORTING A Motion to Accept the 1995 Annual Audit Report Gary Groen, Abdo, Abdo & Eick, reviewed the City's 1995 Financial Audit Report. Mayor Bean noted the recommendation for a segregation of duties and inquired what steps should be taken. Mr. Groen indicated there were no particular concerns and this issue is not unique to the City of Shorewood. He stated this would be an awareness issue for the Council and Administration. City Finance Director AI Rolek stated to the extent possible, every step would be taken to ensure proper segregation and one transaction would not be followed through from beginning to end with one person. Mayor Bean suggested the City may be at a point where it would be appropriate for the Liquor Committee to meet and evaluate what is occurring between the three stores. Mr. Groen presented a Certificate of Achievement for Excellence in Financial Reporting for the third year to Finance Director Al Rolek and the City of Shorewood. . REGULAR CITY COUNCIL MINUTES MAY 28, 1996 - PAGE 7 . McCarty moved, Shaw seconded accepting the 1995 Annual Audit Report. Motion passed 5/0. 9. DISCUSSION WITH CHIEF YOUNG REGARDING PATROLLING HOURS Chief Young addressed the Council with regard to the City of Excelsior's inquiry about the City of Shorewood absorbing several hundred hours of patrol. He also provided a statistical handout which he explained in detail. Chief Young explained there are two ways to reduce costs, the first being to reduce the number of patrol hours which would reduce the budget through the Joint Powers Agreement. Rather than unilaterally cutting the budget, which would affect all of the cities, Excelsior proposes a 550 hour patrol time reduction. The outcome this will have on crime cannot be determined. . Mayor Bean inquired if the presence of the police is taken away, would this result in higher incidents of crime. Chief Young stated that would be a logical assumption to make. Excelsior Council felt in view of their fmancial situation, they would take that risk and monitor it. If that would occur, they would re-evaluate their situation. Mayor Bean expressed a concern that a drop in service level in Excelsior would have a ripple effect on the adjacent communities. Chief Young stated his feeling Excelsior incidents would go up, however, the increased presence of police in the remaining area will help that area. Chief Young commented that past history would indicate Shorewood will have increased requests for service as it grows and the additional 230 hours would probably be picked up naturally over the next five years. In effect, Shorewood could get the benefit of the hours now and not pay for them entirely for five years. Councilmember Stover inquired if Chief Young would be able to inform Excelsior a year from now that in spite of the reduction in patrol, the police actual spent more hours in their community. Chief Young confirmed that information would be monitored and updated annually. This plan may result in higher costs to Excelsior. Administrator Hurm stated the City of Shorewood would need to determine if they are interested in absorbing the additional hours made available by Excelsior's reduction in patrol. Councilmember Stover pointed out Shorewood could potentially lose hours if the police ultimately has to spend more time in Excelsior. Mayor Bean suggested one option would be to pick up the cost for the patrol hours and allow the police to continue patrolling as they see fit. Councilmember Benson disagreed pointing out that Shorewood had picked up their own officer last year which was very expensive and stated he is not in agreement with picking up another one-quarter patrol. Councilmember Shaw stated the City of Shorewood is effectively making a guarantee. Whether Shorewood is required to pay that guarantee depends on the Initial Criminal Reports which would result. He stated the City has a solid police force which is well run and it would be worth considering a guarantee if need be. Councilmember Benson suggested the issue be revisited and stated he is not prepared to make a recommendation at this time. This matter will be reconsidered on July 8th. . 10. CONSIDERA TION OF A MOTION TO APPROVE VICTORIA WATER AGREEMENT . . . REGULAR CITY COUNCIL MINUTES MAY 28, 1996 . PAGE 8 The City of Victoria has executed the proposed interconnection agreement between the cities of Shorewood and Victoria. City Engineer Larry Brown reviewed the changes which were made to the agreement. Councilmember Stover asked if the water from the two cities would co-mingle and, if so, are there provisions with regard to this. Brown stated there is a potential of co-mingling based on the location of the wells and the operation of the system. He also pointed out Shorewood is acting as a back-up supply and co-mingling would be more of a concern for Victoria than for Shorewood. Shaw moved, McCarty seconded, approving the Contract for Water Service between the City of Shorewood, Minnesota and the City of Victoria, Minnesota. Motion passed 5/0. 11. CONSIDERA TION OF A MOTION TO APPROVE INTERNET WEB SITE POLICY ON CONTENT AND METHODOLOGY Hurm reviewed the matter and stated the policy may need to be revised. Stover moved, Shaw seconded approving the Internet Web Site Policy on content and methodology, anticipating future amendments to be done adminstratively. Motion passed 5/0. Councilmembers Benson and McCarty expressed their agreement with this idea. 12. ADMINISTRATOR & STAFF REPORTS Engineer's Report on Status of 1996 Project Schedules City Engineer Larry Brown reviewed his report. With regard to the Minnewashta water tower, Mayor Bean inquired in light of the Burnsville construction site situation, is the orange fence adequate protection given the proximity of children and suggested other steps should be considered in light of that accident. Brown stated staff would look at other alternatives to increase the protection. Mayor Bean also pointed out this should not be limited to the school year. With regard to Smithtown Road between Country Club Road and Eureka Road to the north, Councilmember Benson inquired what it would cost to speed it up the process. Hurm indicated information to be reviewed at next meeting. Mayor Bean advised keeping in mind the Council must be sure the water main will go down Smithtown before executing the agreement with Victoria. 13. MAYOR & CITY COUNCIL REPORTS Councilmember Shaw thanked everyone who attended the annual meeting/community breakfast of the Community Education Services of Minnetonka on May 30th. Mayor Bean reported the City is meeting in mediation with the Teamsters on Monday, June 17th with regard to the police contract. 14. ADJOURNMENT SUBJECT TO PAYMENT OF CLAIMS Shaw moved, Benson seconded to adjourn the City Council meeting at 11:32 p.m., subject to payment of claims. Motion passed 5/0.