050895 CC Reg AgP
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CITY OF SHOREWOOD
WORK SESSION MEETING
WEDNESDAY, APRIL 26, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE WORK SESSION MEETING
Mayor Bean called the meeting to order at 7: 11 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Advisory
Group Members Bridge, Haugen. Also present were Ingrid Schaff and John
Hodgden who are to be officially appointed to the Advisory Group at the next
Council meeting. Administrator Hurm, City Engineer Dresel, Finance Director
Rolek, and Planning Director Nielsen.
The Mayor reviewed for those present what had been discussed at the previous work session.
Finance Director Rolek reviewed a memorandum entitled, "Fund Balance Analysis". He had
prepared a spreadsheet projecting a "worst case" scenario. On the general fund balance should a
property tax freeze be imposed for 1996 and a 3% levy limit reinstated thereafter by the
Legislature. The analysis shows that the general fund balance would be reduced from $1,467,000
to $155,000 by the year 2000. According to this scenario, the City would need to fmance the
construction of a water tower through funds other than general fund balances.
A draft ordinance establishing an assessment policy for the provision of municipal water was
reviewed in detail. Subdivision 2, h Front Footage definition was removed; Subdivision 4, a 3 -
the word "reconstruction" was changed to "construction"; Subdivision 5, a - establishing an annual
rate will be reworded by the Engineer; and Subdivision 5 b - base .rates will be reworded by the
Engineer.
The proposed assessment formula was reviewed and discussed in detail. Following additional
discussion, the meeting was adjourned at 10: 10 p.m.
NOTE: Following the meeting the Mayor polled the Council members on the previously scheduled
work session meeting dates. It was determined that the meeting dates should be rescheduled to
7:30 p.m., Wednesday, May 17 and 7:30 p.m., Wednesday, May 31.
RESPECTFULLY SUBMITTED,
James C. Hurm,
City Administrator/Clerk
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 24, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:39 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Bean called the meeting to order at 7:39 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover;
Administrator Hurm, City Attorney Keane, and Planning Director Nielsen.
Review Agenda
B.
.
Malam moved, McCarty seconded to approve the agenda for April 24, 1995
amended by adding 5.1. Discussion of Public Meeting Starting Times and moving
3.C. from the Consent Agenda to the Regular Agenda as a discussion item.
Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Minutes - April 10, 1995
McCarty moved, Stover seconded to approve the April 10, 1995 City Council
Regular Meeting Minutes amended by changing Knoll Road to Noble Road on
page 2, line 1, paragraph 8, under item 4. Motion passed 5/0. (Correction
underlined. )
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B . City Council Work Session Minutes - April 12, 1995
Benson moved, Malam seconded to approve the April 12, 1995 City Council
Work Session Minutes as presented. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for April 24, 1995.
Stover moved, Benson seconded to amend consent agenda by removing Item D.
"Motion to Adopt a Resolution M~king Appointments to the Watermain
Assessment Advisory Group". Motion passed 5/0.
Benson moved, Stover seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
A. RESOLUTION NO. 95-32, "A Resolution Granting Preliminary Plat
Approval for Birchbluff Lakeview Addition and a Setback Variance. "
Applicant: Brian Fredrickson. Location: 26115 Birch Bluff Road.
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REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 2
B. RESOLUTION NO. 95-33, "A Resolution Denying Conditional Use
Permit/P.U.D. for shared driveway accesses and hardcover ratios"
Applicant: Corky Elsen. Location: 5290 and 5300 Howards Point Road.
C . Motion to Approve A Sign Permit for City of Shorewood/Silverwood Park.
MOVED TO REGULAR AGENDA.
Motion passed 5/0.
3. C. Motion to Approve a Sign Permit for City of Shorewood / Silverwood Park.
In response to Councilmember Malam, Hurm indicated the City will be installing the sign.
Malam moved, McCarty seconded to Approve a Sign Permit for City 0 f
Shorewood / Silverwood Park. Motion passed 5/0.
4. MATTERS FROM THE FLOOR - None
5. PLANNING - Report by Representative
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Commissioner Pisula reviewed the actions taken and recommendations made at the Commission's
April 18, 1995 meeting. .
A. PUBLIC HEARING - Consideration of Vacation of Part of Summit Avenue
Nielsen reviewed the request received from Theodore Rix, 23040 Summit A venue, to vacate a
portion of the street right-of-way in front of his property. This would include 15 feet in front of
two lots. Nielsen explained a similar vacation was approved in 1990 on the opposite side of the
street. He explained the original plat provided for an 80 foot right-of-way to accommodate a
meandering street due to the severe topography of the area. Subsequently, the street was placed
down the center of the right-of-way and the additional right-of-way is not needed. Nielsen
indicated staff recommends Mr. Rix's request be granted subject to a condition that the City retain a
10- foot drainage and utility easement in place of the right-of-way.
Mayor Bean opened and closed the public hearing at 7:50 p.m. No one appeared to address the
Council.
.
Stover moved, Benson seconded to approve a request by Theodore Rix, 23040
Summit A venue, to vacate a portion of the street right-of-way in front of his
property subject to the condition that the City will retain a 10 foot drainage and
utility easement in place of the right-of-way. Motion passed 5/0.
B . Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback V arianeel Appeal.
Applicant: John Grable. Location: 4720 Bayswater Road.
Benson moved, seconded by Malam to postpone a motion to direct staff to prepare
a findings of fact regarding a setback variance appeal for John Grable, 4720
Bayswater Road until the City Council meeting of May 22, 1995. Motion passed
5/0.
C. Motion to Direct Staff to Prepare a Findings of Fact Regarding a Preliminary Plat and
Variance to Allow a Lot with no Frontage on a Public Street - Zachary Woods. Applicant:
Brent Sinn. Location: 6035 Galpin Lake Road.
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REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 3
Nielsen explained the Planning Commission had reviewed a different version of this plat prior to
the development moratorium. He indicated this preliminary plat subdivides the property into four
lots rather than the previous five lots. The variance is necessary as one lot. Outlot A. will no
longer have frontage on a public street. Nielsen stated the applicant has come to an agreement with
the Galpin Lane Association to derive access to Lot 1 and Outlot A from Galpin Lane subject to
certain conditions. He indicated there. will be some wetland alteration. The applicant proposes to
fill approximately 1570 square feet on the north and south ends of the wetland which he will
mitigate by a 2: 1 wetland replacement. Nielsen stated the proposed wetland alteration and
mitigation must still be approved by the Minnehaha Creek Watershed District. He indicated the
applicant has agreed to all conditions set forth in the staff report. The staff has requested an
inventory of the trees on Lots 1-3 to make a determination of how the trees will be protected. He
reported city water is not currently available to the Zachary Woods project. Staff is recommending
a $5.000.00 per lot trunk charge should be required. with an additional $5,000.00 connection fee
when the City makes the water available. Park Dedication fees will also be required prior to final
plat approval.
Mr. Brent Sinn. applicant. expressed his concern with the water assessment. In response to
Councilmember Malam, Mr. Sinn indicated he has a request for a permit with the Minnehaha Creek
Watershed District and should have a response within one week.
Malam moved, McCarty seconded to direct staff to prepare findings of fact
regarding a preliminary plat and variance for Brent Sinn, Zachary Woods located
at 6035 Galpin Lake Road, to allow a lot with no frontage on a public street
conditioned on and subject to staff recommendations, final water assessment
policies as determined, and all driveways on Galpin Lake Road have provided
turn-around access. Motion passed 5/0.
D. Motion to Direct Staff to Prepare Findings of Fact Regarding a Setback Variance and
Variance to Expand a Non-Conforming Structure. Applicant: Jack Kimball. Location:
4445 Highland Circle.
Nielsen explained the applicant is requesting a setback variance to construct a new. attached garage
at 4445 Highland Circle. The existing garage would be converted into a main level bedroom. The
new two-car garage would be added to the front of the existing home and would require a 20-foot
front yard variance. He indicated the request satisfies the criteria for granting variances. Nielsen
indicated the staff recommends approval of granting the variance.
Stover moved, McCarty seconded to direct staff to prepare findings of fact
regarding a setback variance and a variance to expand a non-conforming structure
for Jack Kimball, 4445 Highland Circle. Motion passed 5/0.
E. Motion to Adopt a Resolution Denying an Application for Comprehensive Plan
Amendment. Applicant: Lundgren Bros.. Inc. Location: 76.5 Acres North of Smitht6wn
Road West of Minnewashta School.
McCarty moved, Benson seconded to adopt RESOLUTION NO. 95-34, "A
Resolution Denying a Request by Lundgren Bros., Inc. for an Amendment to the
Shorewood Comprehensive Plan." Motion passed 5/0.
F. Motion to Adopt a Resolution Approving a Preliminary Plat - Manitou Woods. Applicant:
Abingdon Development Corporation. Location: 5580 Manitou Road.
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REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 4
Nielsen noted this project had been suspended due to the development moratorium. He explained
the applicant is proposing to build two twinhomes at 5580 County Road 19. He stated staff
recommends approval of the preliminary plat.
Chuck Dillerud, representing Abingdon Development Corporation, indicated he concurred with the
recommendations of the Planning Commission regarding the project. He stated his only concern
was the water assessment.
Malam moved, McCarty seconded to adopt RESOLUTION NO. 95-35, "A
Resolution Adopting the Preliminary Plat for Abingdon Development Corporation,
Manitou Woods located at 5580 Manitou Road, conditioned on and subject to staff
recommendations and final water assessment policies as determined." Motion
passed 5/0.
G. Motion to Adopt a Resolution Approving a Preliminary Plat - Smithtown Meadows.
Applicant: Abingdon Development Corporation. Location: 25655 Smithtown Road.
Nielsen noted Abingdon's seven lot plat was suspended by the development moratorium. He
indicated Council had previously approved a plat which divided off two of the lots as the "Jaeger .
Addition". This plat includes the remaining five lots. He stated the right-of-way issue with
Hennepin County had been resolved. The proposed street name has been changed to Smithtown
Way. He reported the developer has provided evidence that an old Bell Telephone easement on the
east end of the property has been abandoned. He indicated very few trees exist on the site and the
developer has agreed to replant trees along the railroad right-of-way to replace trees which are
removed. When the final plat is submitted, the developer will be required to submit a landscape
plan showing which trees will be preserved and which will be replaced. Each lot will be required
to pay a $10,000.00 trunk/availability water fee.
Benson moved, Malam seconded to adopt RESOLUTION 95-36, "A Resolution
Adopting the Preliminary Plat for Abingdon Development Corporation, Smithtown
Meadows located at 25655 Smithtown Road, conditioned on and subject to staff
recommendations and final water assessment policies as determined. " Motion
passed 5/0.
H.
Motion to Adopt a Resolution Approving a Preliminary Plat - Smithtown Woods.
Applicant: Clint Carlson and Brian Ohland. Location 25895 and 25865 Smithtown Road.
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Nielsen reported this request had been suspended by the development moratorium. He indicated
the applicants are requesting to plat their properties into six single family lots. The plat is consistent
with zoning ordinances and the Comprehensive Plan update. The new lots will be charged a
trunk/availability water fee of $10,000.00 and the existing lots will be charged $5,000.00. The
developer has been asked to do a tree inventory to determine which trees need to be preserved,
moved or replaced. The plat is subject to review by the Minnehaha Creek Watershed District and
may require small pondage. The staff recommends approval of the preliminary plat.
Clint Carlson, 25865 Smithtown Road indicated he is pleased that water will be available at the site
but indicated concern that the timing would be right to avoid the need to install wells at the site.
Malam moved, Benson seconded to adopt RESOLUTION 95-37, "A Resolution
Granting Preliminary Plat Approval for Smith town Woods" , Clint Carlson and
Brian Ohland, 25895 and 25865 Smithtown Road, conditioned on and subject to
staff recommendations and final water assessment policies as determined. Motion
passed 5/0.
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REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 5
I. Motion to Approve a Modification of a Conditional Use Permit for Steve Simon, 26710
Edgewood Road.
Nielsen indicated a conditional use permit had been granted to Mr. Simon in February, 1995 for
property at 26710 Edgewood Road, to allow him to exceed 1200 square feet of accessory space on
his property. Since then, a number of changes have been completed on the property. A poolhouse
was approved to be located at the southeast comer of the proposed swimming pool. Mr. Simon is
now proposing to move the poolhouse approximately 15 feet to the east. A new conditional use
permit is not required as the change does not adversely affect any adjoining property. The revision
is, however, subject to City Council approval. There is an issue regarding an old agreement
between past owners of the property regarding hedges and fences being constructed, but it
indicates nothing in regard to buildings.
Stover moved, McCarty seconded to approve modification of a conditional use
permit for Steve Simon, 26710 Edgewood Road. Motion passed 5/0.
Mayor Bean recessed the meeting at 8:55 p.m. and reconvened at 9:04 p.m.
5.1
DISCUSSION OF PUBLIC MEETING STARTING TIMES
There was Council discussion and Council consensus was reached to change the starting times of
public meetings of City Council to}: 30 p.m.
McCarty moved, Stover seconded to start City Council Regular and Study Session
meetings at 7 :30 p.m., beginning with the May 8, 1995 meeting. Motion passed
5/0.
6.
CONSIDERA TION OF ADOPTION OF A RESOLUTION
COMMENDATION FOR LIEUTENANT JOHN HODGDEN
OF
Mayor Bean read the following resolution into record:
Whereas, on February 1, 1971, John Hodgden was hired by the City of Shorewood Police
Department; and whereas, several of the many milestones of John Hodgden's police career are
listed herein: January 21, 1972 - Completed BCA Basic Police Science Course, January 1, 1973 -
Became an original member of the South Lake Minnetonka Public Safety Department, March 8,
1974 - Completed FBI and BCA Criminal Investigation Course, February 1, 1975 - Appointed a
Detective by Chief Dale Remus, April 14, 1974 -Recognized by the Minnesota Chiefs Association
with an "Honorable Mention" in the 1975 Police Officer of the Year competition for his actions in
apprehending a bank robber on June 25, 1975, October 11, 1976 - Promoted to Sergeant by Chief
Donald Davis, November 12, 1976 - Completed FBI and BCA Intermediate Command Course,
June 23, 1978 -Completed FBI and BCA Police Management Course, July 18, 1985 - Promoted to
Lieutenant by Chief Richard Young, April 28, 1995 - Whereas he is retiring. Now, therefore be it
resolved that the Shorewood City Council, on its behalf, and on behalf of the residents of the City
of Shorewood, do hereby publicly commend Lieutenant John Hodgden for 24 years of exemplary
police service to the City of Shorewood and the entire South Lake Minnetonka area. Be if further
resolved that an original executed copy of this resolution become part of the permanent record of
the City of Shorewood, and that an original executed resolution be presented to John Hodgden on
behalf of the City Council and the City of Shorewood, Adopted by the City Council of the City of
Shorewood this 24th day of April, 1995.e
Stover moved, Benson seconded to adopt RESOLUTION 95-38, "A Resolution of
Commendation for Lieutenant John Hodgden". Motion passed 5/0.
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REGULAR CITY COUNCIL MINUTES
April 24, 1995 - PAGE 6
7. CONSIDERATION OF ADOPTION OF A RESOLUTION REVISING
PROJECTED USE OF FUNDS FOR 1995 CDBG PROGRAM FUNDS
Hurm indicated initially these funds were to be distributed as follows: Southshore Senior Center
Operation $10,986.00, Housing Plan and Implementation of Affordable Housing Strategies
$2,000.00, Sojourn Van $2,000.00, and Rehab of Private Property $2,417.00. Due to changes,
the funds now must be distributed as follows: Southshore Senior Center Operation $3,598.00,
Housing Plan and Implementation of Affordable Housing Strategies $5,000.00, and Rehab of
Private Property $9,398.00.
Councilmembers expressed their dissatisfaction with this situation.
Stover moved, seconded by McCarty to adopt RESOLUTION 95-39, "A
Resolution revising projected use of funds for 1995 (year XXI) of the Urban
Hennepin County Community Development Block Grant Program". Motion
passed 5/0.
8. ADMINISTRATOR AND STAFF REPORTS
A.
.
Attorney's Report on Proposed Agreements for Southshore Senior Community
Center Project - 2nd Draft
Keane reviewed with the Council the modifications made to the legal documents prepared in draft
form on behalf of the Shorewood Community Center. Council discussed, asked questions, and
made suggestions to the "Cooperative Agreement for the Southshore Senior Community Center"
and the Lease agreement between the Cities and the Friends of the Southshore Senior Community
Center. Keane indicated he would be submitting these documents to Friends of the Southshore
Senior Community Center for comment this week and the ideas will then be circulated to the other
four cities involved at the end of the week.
B. Status Report on 1995 Issues / Objectives
Hurm reviewed with the Council the report of April, 1995 regarding issue/budget objectives. He
indicated this report will be done quarterly to monitor which issues have been addressed and which
objectives have been accomplished.
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C. Report on SLMPDS 1994 Financial Report
Hurm reviewed the South Lake Minnetonka Public Safety Department financial report with the
Council. He indicated this was a favorable report.
13. MAYOR AND COUNCILMEMBER REPORTS
Councilmember Malam reported his attendance at a workshop in regards to helping youth in terms
of increasing their assets. He indicated this was a good program and was interested in getting the
City of Shore wood involved.
In response to Mayor Bean, Nielsen indicated he was on the steering committee for the Highway 7
Corridor Study. The corridor study is for the segment of Highway 7 that starts at Highway 41 and
extends to Hutchinson. He stated this may generate some changes to the Comprehensive Plan.
MNDOT has indicated it is not likely that a four-lane divided highway will extend west from
Highway 41. It is more likely that a "Super 2" highway will be installed.
Mayor Bean outlined the proposal of strategies for affordable housing report. Mayor Bean also
reported the officer for the "Cops Fast Grant Project" will be starting on May 2, 1995.
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REGULAR CITY COUNCIL MINUTES
April 24, 1995 . PAGE 7
14. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Benson moved, McCarty seconded to adjourn the City Council meeting at 10:12
p.m., subject to approval of claims. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Lorri L. Kopishcke
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION APPROVING A PRELIMINARY PLAT FOR ZACHARY WOODS
AND A VARIANCE TO CREATE A LOT WITHOUT FRONT AGE ON A PUBLIC STREET
WHEREAS, Brent Sinn (Applicant) has an interest in certain real property in the City of
Shorewood, County of Hennepin, State of Minnesota, legally described in Exhibit A. attached
hereto and made a part hereof; and
WHEREAS, the Applicant has applied to the City for a Preliminary Plat of said real
property as shown in Exhibit B, attached hereto and made a part hereof; and
WHEREAS, Shorewood's Subdivision Code requires that all new lots have adequate
frontage on a public street. and the Applicant proposes that one of the new lots in his plat will have
its frontage on Galpin Lane, a private road, thereby necessitating a request for a variance; and
WHEREAS, the Applicant's request has been reviewed by the City Planner and his
recommendations have been duly set forth in a Memorandum to the Planning Commission dated 29
March 1995, which Memorandum is on file at City Hall; and
WHEREAS, a Public Hearing was held by the Shorewood Planning Commission on
4 April 1995, for which notice was duly published and all adjacent property owners duly notified;
and
NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FlNDINGS OF FACT
1. That the property is zoned R-IC/S, Single-Family ResidentiallShoreland, and
contains approximately 3.7 acres and is occupied by a single-family residential dwelling.
2. That the property has approximately 317 feet of frontage on Galpin Lake Road, a
public street. and 360 feet of frontage on Galpin Lane, a private road.
3. That the Applicant proposes to divide the property into four lots plus one outlot.
4. That the Applicant has received preliminary approval from the Galpin Lane
Homeowner's Association to allow two of the proposed lots in the plat to be accessed from Galpin
Lane, subject to certain conditions.
5 . That the proposed plat does not require construction of a new street. resulting in
substantially less site alteration than a previous five-lot proposal submitted by the Applicant.
6. That, although one of the lots is large enough in area to redivide, the Applicant has
agreed to record a deed restriction on the lot, stating that it will not be redivided until such time as it
has access via a public street.
7 . That the Applicant proposes to convey the outlot to the owner of the property to the
south.
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8 . That the Applicant proposes to fill in part of a wetland located on the west end of
the property, and proposes a 2: 1 mitigation enlargement of the wetland to comply with Watershed
District and City requirements.
CONCLUSION
A. That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 Subd. 2. of the Shorewood City Code, and the variance to allow a new lot to be created
without frontage on a public street is hereby granted.
B . That the Applicant has satisfied the requirement of practical difficulty as set forth in
Section 1202.09 Subd. 1 of the City Code.
C. That the Applicant's request for preliminary plat approval for Zachary Woods is
hereby granted.
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D. That such approval is subject to the following conditions:
1 . The Applicant must obtain all necessary easements for use of Galpin Lane
from the Galpin Lane Homeowner's Association.
2. The location of a driveway on Lot 1 must be at least 40 feet from the right-
of-way of Galpin Lake Road.
3 . The Applicant must widen Galpin Lane to at least 20 feet between Galpin
Lake Road and the new driveway for Lot 4.
4. Any landscaping near the entry of Galpin Lane must be approved by the
City, and must maintain a minimum 30-foot sight triangle with Galpin Lake Road.
5 . The Applicant must submit an Engineer's estimate or bid proposals for the
required improvements on the project.
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6. The Applicant must obtain approval from the Minnehaha Watershed District
for the proposed wetland alteration
7. A 35-foot buffer area will be maintained from the wetland, and buildings
will maintain a 15-foot setback from the buffer area.
8.
removal.
Temporary fencing will be erected to delineate the limits of filling and tree
9. Grading ror the driveway accesses for all lots shall be subject to review and
approval by the City Engineer.
10. The Applicant will resolve any discrepancy associated with the boundaries
of the property.
11. The final plat will provide drainage and utility easements, 10 feet on each
side of each side and reat lot line.
12. The developer will prepare a detailed tree inventory, from which a tree
preservation/replacement plan will be required.
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13. The project will be subject to the municipal water charges in effect at the
time of final platting.
14. The developer shall prepare a protective covenant advising future buyers of
the lots that they are subject to additional water charges.
ADOPTED BY THE CITY COUNCn... OF THE CITY OF SHOREWOOD this 8th day of May
1995.
ATTEST:
Robert B. Bean, Mayor
James C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
RESOLUTION NO.
A RESOLUTION GRANTING A SETBACK VARIANCE
TO JOHN KIMBALL
WHEREAS, John Kimball (Applicant) is the owner of real property located at 4445
Highland Circle, in the City of Shorewood, County of Hennepin, legally described as:
"Lot 9, Block 2, Enchanted Gardens, Hennepin County, Minnesota."
WHEREAS, the Applicant has applied to the City for a setback variance to construct an
attached garage; and
WHEREAS, the Applicant's request was reviewed by the City Planner, and his
recommendations were duly set forth in a memorandum to the Planning Commission dated
31 March 1995, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application was
reviewed by the Planning Commission at their regular meeting on 4 April 1995, the minutes of
which meeting are on file at City Hall; and
WHEREAS, the Applicant's request was considered by the City Council at their regular
meeting on 24 Aprill995, at which time the Planner's memorandum and the minutes of the
Planning Commission were reviewed and comments were heard by the Council from the City
staff.
NOW, THEREFORE, BE IT RESOL VED by the City Council of the City of Shorewood
as follows:
FINDINGS OF FACT
1 . That the subject lot was created prior to current zoning standards and is substandard
in width and area.
2.
standards.
That the configuration of the lot would not be approved by the City under current
3 . That the Zoning Code cites narrowness and shape of property as physical
constraints which may justify the granting of variances.
4. That the shape and narrowness of the property preclude building elsewhere on the
property .
5 . That the lot configuration was not created by the Applicant.
6. That the garage on the adjacent property to the south is only 17 feet from the street
right-of-way.
7 . That proposed lot coverage will amount to approximately 21 percent.
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CONCLUSIONS
1 . That the Applicant has satisfied the criteria for the grant of a variance under Section
1201.05 of the Shorewood City Code and has established an undue hardship as defined by
Minnesota Statutes Section 462.375, Subd. 6(2).
2. That based upon the foregoing, the City Council hereby grants the Applicant's request for a
variance to construct an attached garage, the southern most comer of which will be 15 feet from the
street right-of-way.
3 . That the City Clerk is hereby authorized and directed to provide a certified copy of this
Resolution for filing with the Hennepin County Recorder or Registrar of Titles.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8th day May,
1995.
Robert B. Bean, Mayor
ATTEST:
James C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
RESOLUTION NO. 95-
A RESOLUTION MAKING APPOINTMENTS TO THE
WATERMAIN ASSESSMENT ADVISORY GROUP
WHEREAS, the City Council wishes to solicit the
advise of residents in each of the four neighborhoods as
identified for the Comprehensive Plan neighborhood meeting
process in establishing watermain assessment policies; and
WHEREAS, Resolution #95-29 establishes said
advisory group.
NOW, THEREFORE BE IT RESOLVED that the initial
appointing Resolution #95-30 is hereby rescinded and replaced
by this resolution.
BE IT FURTHER RESOLVED that the following
individuals are appointed to said advisory group to work with
the City Council in establishing watermain installation
assessment policies:
Name
Jan Haugen
John Bridge
Ingrid Schaff
John Hodgden
Address
4780 Lakeway Terrace
25810 Birch Bluff Road
25605 Smithtown Road
25830 Birch Bluff Road
PASSED AND ADOPTED this 8th day of May, 1995.
ATTEST:
Robert B. Bean, Mayor
James C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
PARK COl\tIMISSION MEETING
TUESDAY, APRIL 25, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1.
CALL TO ORDER
DRAFT
Chair Mary Bensman called the meeting to order at 7:40 p.m.
2. ROLL CALL
Present:
Chair Bensman; Commissioners, Trettel, Dzurak, Martin; Administrator Hurm.
Commissioner Colopoulos arrived during the approval of the minutes; Council
Liaison McCarty arrived during the discussion of Item No.5.
Commissioners Puzak and Wilson.
Absent:
3. REVIEW AGENDA
.
There were no changes or additions.
4. APPROVAL OF MINUTES
Martin moved, Dzurak seconded, to approve the minutes of Tuesday, March 28,
1995, with the following corrections: Item No.6, Line 3, change "Freemans" to
Freeman; Item No. 10, Paragraph 2, Line 2, change "prohibiting snowmobiles on
the trail" to "consideration should be given to prohibiting snowmobiles on public
property within the community". Motion passed unanimously.
5. REVIEW POLICE REPORT ON 1994/1995 SNOWMOBILE SEASON
.
The Commissioners reviewed the report from Chief Richard Young which suggested a City of
Shorewood staff member or a Park Commissioner be assigned responsibility to work with the
Snow Patrol and be their official contact with the City.
Hurm said it has been discussed that a task force be established to identify ways to reduce
problems, make improvements, and collect better data with use of radar, patrolling or video
cameras. He suggested the task force be established by this Fall so they could start collecting data
and analyzing the information gathered. A recommendation could be made by next Summer.
Martin felt a Commissioner should be a member of the task force to help keep the Park
Commission informed of the issues. Martin and Colopoulos volunteered to be on the task force.
Hurm said he would draft up a resolution for the City Council meeting of May 22, 1995 to
establish a task force to research the issue of snowmobiles on public property within the
community. He would recommend Park Commission. the Police Chief. and a member from the
Snow Patrol be appointed to the task force.
6. CONSIDERATION OF OFFER TO DONATE AND PLANT TREES AT
FREEMAN PARK
Hurm reported Jim Wilson offered to donate 30 trees and would deliver and plant them for a cost
of $1500 which the City would pay from the Park General Fund. Hurm added the Tree Plan
*5
SHOREWOOD PARK COMMISSION MINUTES
TUESDA Y, APRIL 25, 1995
Page 2 of 3
I -.'
objective is to plant 10 trees a year. He said he would verify with Wilson the quantity of trees and
the exact cost.
Note: There will be 30 trees, 2 1/2 to 3 1/2 inches in diameter, over 10 feet tall, assorted species:
maple, ash, honey locus, and linden.
Hurm explained the trees would be planted at Freeman Park along the roadway going east and west
to help keep cars from parking there. There would also be some trees planted as you turn into the
large parking area at Freeman along the east side of the softball field which might help keep
softballs from hitting the parked cars.
Trettel moved, Martin seconded, to recommend to City Council to accept Wilson's
donation 'of an estimated 30 trees, with Wilson to deliver and plant them at
Freeman Park with the cost not to exceed $1500; the motion is an authorization
to accelerate by three years the objective of planting 10 trees per year due to the
generosity of Wilson's donation. Motion passed unanimously.
7.
DISCUSS ARRANGEMENTS FOR ARBOR DAY. APRIL 28. 1995
.
Hurm briefly explained that Shorewood is designated as Tree City USA and one of our obligations
is to have recognition of Arbor Day. Last year Homeowner's Associations contributed money and
planted trees at Silverwood Park.
It was discussed that the Park Commission would plan a small ceremony to be held during the
Park Festival on May 20, 1995. They will ask Wilson and Public Works to work on this project
together.
8. REPORT ON PARK FESTIVAL MEETING HELD APRIL 12. 1995
Trettel reported there would be no soccer games or tournaments during the Festival so they
scheduled additional activities: Just For Kicks will involve demonstration of soccer skills; a bike
rodeo; and face painting.
Trettel said she did not know whether Just For Kicks was going to charge for the demonstration. .
She will verify with the bike rodeo if they will need an asphalt area which could be a problem.
Trettel explained the face painting will be done by volunteers and the Foundation will reimburse for
the supplies. She reported she is trying to organize fIfe truck rides.
Trettel explained the Committee is requesting donations to purchase a bike which is the grand
prize, the Party Mom, and other Festival expenses. Martin reported she is requesting a donation of
$500 from the American Legion.
Trettel said they have five volunteers for the dunk tank: Doug Malam, City Council; Tim Keane,
City Attorney; Chuck Andrews, Excelsior School Principal; Bill Keeler, Park Foundation Senior
Representative; and possibly Brad Board, Deephaven School Principal.
Bensman reported that the Festivalffreasure Hunt flyer will be distributed with the Sun Sailor on
May 12, 1995. She will also place posters at the businesses of all the merchants who are
sponsoring the Festival.
Trettel said the next meeting is April 27, 1995. The Committee will meet at Freeman Park first to
discuss the layout plans for the events then continue the meeting at City Hall.
... '-
.
.
SHOREWOOD PARK COMMISSION MINUTES
TUESDA Y, APRIL 25, 1995
Page 3 of 3
9. MATTERS FROM THE FLOOR
There were no matters from the floor.
10. COMMISSIONER REPORTS:
A. Dzurak noted it was previously discussed about leasing the Silverwood Twf Trail land
running from Silverwood Park north to Highway 7 to the Foundation to prevent the land
from being sold or subdivided and to be solely used as recreational.
Bensman felt a lease to the Foundation would not keep the land secure. McCarty suggested
that there could be zoning restrictions added instead of drawing up a lease.
Colopoulos moved, Martin seconded, to authorize Dzurak to discuss with Tim
Keane, City Attorney, about a resolution regarding the Silverwood Turf Trail land
running from Silverwood Park north to Highway 7 to maintain as recreational use
and not be sold or subdivided. Motion passed unanimously.
B . Dzurak reported he is working on the Foundation application for tax status and will need
$450 for the application fee. He will work with Hurm to complete this.
C. Bensman reported she met with the Chanhassen Park Commission on Apri125, 1995 to
discuss the possibility of them organizing neighbors or volunteers to help construct the
playground at Cathcart Park. She also asked them if they could supply the playground
border and the casing for the pea rock. Chanhassen Commission said they would consider
it and get back to Bensman. She told Chanhassen the Park Commission would like to have
the playground constructed by Fall.
D . Bensman noted Chanhassen Park Commission takes "Matters from the Floor" at the
beginning of the meeting, and informs the visitors that no action would be taken that
evening. Everyone agreed that is a good procedure to follow.
11. ADJOURNMENT
There being no further business, Trettel moved, .Colopoulos seconded, to adjourn
the meeting at 8.35 p.m. Motion passed unanimously.
The Park Commission will meet on May 9, 1995 to tour Freeman, Cathcart, and
Badger Parks; and on May 23, 1995 to tour Silverwood, Manor Parks and
Crescent Beach with the regular meeting afterwards.
RESPECTFULLY SUBMITTED.
Marlene S. HaptonstalI,
Park Secretary
~ ,
.
CKNO
15930
15931
15932
15933
15934
15935
15936
15937
15938
15939
15940
15941
15942
15943
15944
15945
15946
15947
15948
15949
15950
15951
15952
15953
15954
15955
15956
15957
15958
15959
15960
15961
15962
15963
15964
15965
15966
15967
15968
15969
15970
.
CHECK APPROVAL LISTING FOR MAY 8, 1995 COUNCIL MEETING
CHECKS ISSUED SINCE APRIL 21, 1995
TO WHOM ISSUED PlJRPCSE
MN STATE TREASURER 8LDG PERMIT SURCHARGE
CITY OF EXCELSIOR 1ST QTR WATER PURCHASE
HENN CO REGISTRAR OF TITLES CERTIFICATE OF TITLE
NORTHERN STATES POWER UTILITIES
PEPSI COLA COMPANY tvtSC
SOUTH LAKE MTKA PSD COURT OTffRAFFIC OFFICER
US POSTMASTER POSTAGE-WA METER CARDS
US WEST COMMUNICATION
BEUBOY CORP L1QUORlBEERlMISClSUPPLlES
GRIGGS, COOPER & CO L1QUOR/WINElMISC
JOHNSON BROS LIQUOR CO L1QUOR/WINE
LAKE REGION VENDING MlSC
PHILLIPS WINE & SPIRITS WINE
QUALITY WINE & SPIRITS L1QUOR/WINElBEER
THE VICTORIA GAZETTE ADVERTISING
THE WINE COMPANY WINE
PERA MAY PERA LIFE INS
MEDICA MAY HEALTH INS
MEDC8\ITERS MAY HEALTH INS
GROUP HEALTH, INC MAY HEALTH INS
LEAGUE OF MN CITIES MAY DENTAL INS
MN MUTUAL LIFE MAY SfT DISABILITY
COMMERCIAL LIFE INS CO MAY LIFE INS
AFSCME COUNCIL 14 MAY DELTA DENTAL
KATHLEEN HEBERT SEC 125 REIMB
PATRICIA HELGESEN SEC 125 REIMB
JAMES HURM MILEAGE & EXPENSES
MADISONIMARQUETTE MAY RENT LIQUOR I
CELLULAR ONE AIRTIME
BRADLEY NIELSEN SEC 125 REIMB
JOSEPH PAZANDAK MILEAGE/SUPPLIES
CITY OF TONKA BAY MAY RENT - TONKA BAY UQ
RYAN PROPERTIES MAY RENT LIQUOR II
FIRST STATE BANK FED/FICA TAX
PERA PERA
ICMA RETIREMENT TRUST -457 DEFERRED COMP
CITY COUNTY CREDIT UNION PAYROLL DEDUCTIONS
AFSCME LOCAL #224 UNION DUES
CHILD SUPPORT ENFORCEMENT CHILD SUPPORT-C. DAVIS
ANOKA CTY SUPPORT/COLLECT CHILD SUPPORT..c. SCHMID
MN DEPT OF REVENUE STATE TAX WITHHELD
AMOUNT
$1,341.81
2,075.92
3.00
2,544.55
77.10
2,718.56
162.28
916.21
2,771.98
4,678.31
1,944.55
200.52
27.50
1,260.70
46.25
226.68
54.00
4,153.88
1,438.83
1,102.46
448.44
81.00
50.15
224.00
192.31
162.75
95.40
5,104.00
53.62
100.00
54.87
1,000.00
2,493.75
6,662.30
2,141.16
864.98
477.00
138.95
98.50
139.44
1,158.80
Page 1
..~
.
.
CKNO
15971
15972
15973
15974
15975
15976
15977
15978
15979
15980
15981
15982
15983
15984
15985
15986
15987
16020
CHECK APPROVAL LISTING FOR MAY 8, 1995 COUNCIL MEETING
CHECKS ISSUED SINCE APRIL 21, 1995
TO WHOM ISSUED R.JRP03E
HENN CO TREASURER MARCH PRISONER EXPENSE
NORTHERN STATES POWER UTILITIES
SHOREWooD PKS FOUNDATION PARKS FESTIVAL
SUPERIOR PRODUCTS MFG CO SUPPIJES
US WEST COMMUNICATIONS
BELlBOY UOUOR
BOYDHOUSERCANDY~OBACC(MSC
GRIGGS, COOPER & CO L1QUORIWINE/MISC
JOHNSON BROS LIQUOR CO UQUORIWINE
LAKE REGION VENDING MlSC
LEEF BROS MATS
LEHMANN FARMS MlSC
PAUSTIS AND SONS WINE
PHILLIPS WINE & SPIRITS L1QUORIWINE
QUALITY WINE & SPIRITS CO L1QUORIWINE/BEER
V AL-PAK ADVERTISING
THE WINE COMPANY WINE
TWIN CITY STRIPING ROAD STRIPING
TOTAL CHECKS ISSUED
Page 2
AMOUNT
1,007.75
50.90
2,000.00
157.09
337.28
1,600.55
269.52
1,337.21
5,388.77
217.23
25.17
58.38
97.46
3,445.12
1,822.17
480.00
108.70
2,000.00
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
MAY 8, 1995 COUNCIL MTG
CHECK~ VENDOR NAME DESCRIPTION DEPT.. AMOUNT
15988 AT&T WIRELESS SERVICES
PAGER
9.58
15989 ALL STEEL PRODUCTS CO..
SUPPLIES-SMITHTOWNjAFTON STREETS
157..83
15990 APPLIED GRAPHICS ASSOC.
COUNCIL FLYERS
15991 ARTWORKS
FRAME COUNCIL PICTURE
15992 JEFF REINHART DBA
APRIL JANITORIAL
15993 B & B SEAT COVER COMPANY RECOVER SEAT
15994 CHAMPION AUTO STORE ~344 EQUIP MAINT
15995 CONTACT MOBILE COMMUNIC.. RADIO REPAIR
. 15996 COORDINATED BUSINESS SYST COPIER MArtH 4/16-7/1.5
15997 ELK RIVER CONCRETE PROD.. DRAINAGE REPAIR
15998 FEED-RITE CONTROLS, INC. CONTAINER RENTAL
WA TREATMENT CHEMICALS
*** TOTAL FOR FEED-RITE CONTROLS,
15999 FINLEY BROS., INC
EQUIP MAINT - MANOR
16000 GOVERNING
SUBSCRIPTION
16001 INDUSTRIAL FLOOR MAINT.
MAIN BROOM
16002 INTERNATIONAL CONFERENCE
. 16003 KAR PRODUCTS
BLDG CODE BOOKS
MARKING PAINT
MARKING PAINT
*** TOTAL FOR KAR PRODUCTS
16004 LARKIN, HOFFMAN, DALY... AUDIT RESPONSE
16005 LONG LAKE TRACTOR/EQUIP RELAY
MOWER (EDWARDS FLAIL)
*** TOTAL FOR LONG LAKE TRACTOR/EQ
16006 MID CON SYSTEMS INC SUPPLIES
ROAD MAINT SUPPLIES
*** TOTAL FOR MID CON SYSTEMS INC
16007 MINNEGASCO
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
UTILITIES
Page 3
COUNCIL
COUNCIL
MUN BLDG
PUB WKS
PUB WKS
PUB WKS
HUN 8LDG
STREETS
772..13
66.25
260..00
5.5..98
140.81
243.00
414.00
539.60
WATER DE 35.00
WATER DE 1,049.74
1,084.74
PARKS &
50..00
9.00
PUB Ii\JKS
172.53
PROT INS 240.35
SEWER DE 61.03
WATER DE 61.02
122.05
PROF SER
395.00
PUB WKS 43.93
PROJECTS 6,603.00
6,646.93
CITY GAR 100.28
STREETS 200..15
300.43
WATER DE
WATER DE
128.62
116.98
42..55
75..40
2.12.98
39..04
105 .. 7~:,
WATER DE
CITY GAR
PARKS 8(
HUN 13LDG
-
CITY OF SHORE WOOD
CHECK APPROVAL LIST FOR
MAY 8, 1995 COUNCIL MTG
CHECK' VENDOR NAME DESCRIPTION DEPT. AMOUNT
UTILITIES
UTILITIES
*** TOTAL FOR MINNEGASCO
16008 NAVARRE TRUE VALUE SUPPLIES
EQUIP M(~INT
EQUIP MAINT
SLOG MAHn
*** TOTAL FOR NAVARRE TRUE VALUE
16009 NEENAH FOUNDRY COMPANY
-------- 43.10
-------- 52.46
816.88
CITY GAR 82.28
SEWER DE 11.71
PARKS & 6.74
MUN BLDG 42.59
143.32
DRAINAGE REPAIR STREETS
841.35
16010 NORTHERN STATES POWER
2,226.00
UTILITIES-STREET LIGHTS TRAF CON
97.45
~16011 PITNEY-BOWES INC. POSTAGE MACHINE RENTAL
16012 PRECISION COMPUTER SYSTEM USER GROUP MEETING
16013 RIVER VALLEY AUTO PARTS
EQUIP MAINT
16014 TIME SAVER OFF SITE SEC MINUTES
MINUTES
*** TOTAL FOR TIME SAVER OFF SITE
16015 TONKA AUTO AND BODY SUPP SHOP SUPPLIES
16016 TURF SUPPLY COMPANY FERTILIZER
16017 WATERPRO EQUIP MAINT
16018 MN SUN PUBLICATIONS
~.16019 v.JASTE MANAGEMENT-SAVAGE
LEGAL NOTICE
IHASTE REt10VAL
WASTE REMOVAL
*** TOTAL FOR WASTE MANAGEMENT-SAV
***
TOTAL CHECKS FOR APPROVAL
***
TOTAL CHECK APPROVAL LIST
Page 4
MUN SLOG
FINANCE
100.00
PUS INKS
36..70
GEN GOVT 293.50
PLANNING 102.25
395.75
CITY GAR
53.18
PARKS &
3,404.91
WATER DE
74.44
GEN GOVT 82.62
CITY GAR 95.00
-------- 58.00
153.00
20,105.81
89.995.62
. ' ..
C H E C K REG I S T E R
CHECK CHECK EMPLOYEE NAME CHECK CHECK
TYPE DATE NUMBER NUMBER AMOUNT
COM .5 02 95 70 KIMBERLY A. ALLEN 209353 55.04
COM 5 02 95 375 JODI A. DALLMAN 209354 48.48
COM 5 02 95 500 CHARLES S. DAVIS 209355 596.03
COM 5 02 95 775 JAMES C. EAKINS 209356 654.63
COM 5 02 95 870 KELLY P. FLANAGAN 209357 92.8.1
COM 5 02 95 100.1 JOHN M. FRUTH 209358 .109.37
COM 5 02 95 .1105 KERI ANNE GRAF 209359 265.67
COM 5 0"" 95 .1170 MARLENE S. HAPTONSTALL 209360 416.28
"'-
COM 5 02 95 .1190 KATHLEEN A. HEBERT 209361 583.94
COM 5 02 95 1400 PATRICIA R. HELGESEN 209362 861.81
COM 5 02 95 1415 SHAWN D. HEMPEL ... 209363 197.32
COM 5 02 95 .1550 JAMES C. HURM 209364 1619.93
COM 5 02 95 160.1 BRIAN D. JAKEL 209365 106.39
COM 5 02 95 .1700 JEFFREY A. JENSEN 209366 704.87
COM 5 02 95 1800 DENNIS D. JOHNSON 209367. 777.33
COM 5 02 95 1940 LOREN A. JONES 209368 .128.06
COM 5 02 95 1950 MARTIN L. JONES 209369 88.88
. COM 5 02 95 2100 WILLIAM F. JOSEPHSON 209370 632.19
COM 5 02 95 2212 MARY BETH KNOPIK 209371 13.85
COM 5 02 95 2500 SUSAN M. LATTERNER 209372 294.67
COM 5 02 95 2555 TAMMY E LENZEN 209373 65.41
COM 5 02 95 2800 JOSEPH P. LUGOWSKI 209374 799.71
COM 5 02 95 2900 RUSSELL R. MARRON 209375 26.29
COM 5 02 95 2955 CHRISTOPHER M. MCNEAL 209376 131.59
COM 5 02 95 3000 THERESA L. NAAB 209377 642.59
COM 5 02 95 3.100 LAWRENCE A. NICCUM 209378 901.37
COM 5 02 95 3400 BRADLEY J. NIELSEN 209379 1070.09
COM 5 02 95 3500 JOSEPH E. PAZANDAK 209380 1027.02
COM 5 02 95 3600 DANIEL J. RANDALL 209381 868.55
COM 5 02 95 3701 BRIAN M. ROERICK 209382 109.37
COM 5 02 95 3800 ALAN J. ROLEK 209383 1186.39
COM 5 02 95 3900 CHRISTOPHER E. SCHMID 209384 411.60
COM 5 02 95 3910 R CONRAD SCHMID 209385 107~14
. COM 5 02 95 4190 DANA G. SHAW 209386 182.85
COM 5 02 95 4600 BEVERLY J. VON FELDT 209387 605.96
COM 5 02 95 4750 RALPH A. WEHLE 209388 605.43
COM 5 02 95 4900 DEAN H. YOUNG 209389 656.84
COM 5 02 95 5000 DONALD E. ZDRAZIL 209390 1231.35
****TOTALS****
18877.10
Page 5
CITY OF SHOREWOOD
EXECUTIVE SESSION
MONDAY, APRIL 24, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
10:14 P.M.
MINUTES
1. CONVENE EXECUTIVE SESSION MEETING
Mayor Bean called the meeting to order at 10: 14 p.m.
A. Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover;
Administrator Hurm, City Attorney Keane, and Planning Director Nielsen.
2. DISCUSSION
A. Johnson Properties
Keane outlined the history of the Ron Johnson litigation. He indicated at the present time, they are
involved in mediation with Mr. Johnson regarding the value of the taking of land for ponding.
This mediation was assigned by the court.
Nielsen indicated it may be appropriate for the parties along with the mediator, to attend a City
Council Executive Session so the parties can receive the City's input. He described the plat Mr.
Johnson is proposing at this time.
There was Council consensus to participate in mediation with Mr. Johnson on May 10, 1995, in an
executive session, immediately following the work study session.
B. Bonach Sewer Back-up
There was Council discussion regarding this case and what direction should be taken with this
claim. There was Council consensus to take no action against the Metropolitan Councilor the
League of Cities Trust.
3. ADJOURNMENT
McCarty moved, Stover seconded to adjourn the Executive Session meeting at
10:53 p.m. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Lorri L. Kopishcke
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
ROBERT B. BEAN, MAYOR
JAMES C. HURM, CITY ADMINISTRATOR
."""
CITY OF SHOREWOOD
PLANNING COMMISSION MEETING
TUESDAY, APRIL 18, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB RD
7:00 P.M.
MINUTES
CALL TO ORDER
Chair Borkon called the meeting to order at 7: 10 p.m.
ROLL CALL
Present:
Chair Borkon; Commissioners Foust, Kolstad, Lizee, Pisula, Rosenberger, and
Turgeon; Council Liaison Benson and Planning Director Nielsen.
APPRO V AL OF MINUTES
Pisula moved, Rosenberger seconded to approve the April 4, 1995 Commission
meeting minutes. Motion passed 7/0.
1. DEVELOPMENT STAGE PLAN - HERITAGE P.U.D. - tabled from 04-04-95
meeting
Ap:plicant:
Location:
Abingdon Development Corp.
South of Edgewood Road approximately 700 feet east of Howards
Point Road
Chair Borkon announced the case. Nielsen explained that a staff report is not available because
adequate review of the developer's plans, received 04-13-95, has not been completed. He stated a
cursory review indicates the developer has taken some positive steps, however, the curve in the
west end of the road needs to be flattened into a 30 mph curve, as previously recommended.
Nielsen stated such work will have a detrimental effect on the rear yard setbacks of Lot 1, Block 1.
He indicated that although the new plans include other recommended changes, acceptable platting
of 21 new lots is not demonstrated. Nielsen suggested the Commission table action on this
application with a recommendation to the developer that a more gentle curve in the road be
incorporated into the plans.
Chuck Dillerud, representing Abingdon, reviewed the acquisition and assembly of the properties
and described the merits of the Heritage P.D.D. He outlined the conditions agreed to by the
developer including: all provisions of the P.D.D. ordinance, no wetland encroachment, all
policies/ordinances contemplated by the City, and all aspects of the updated Comprehensive Plan.
He stated the developer intends to utilize Lot 1 (referred to by Nielsen) to make full use of the
available property.
Rick Sather, representing Sather-Bergquist, explained the purpose and rationale supporting his
intentional design of the road curve. He stated that in a residential subdivision, vertical and
horizontal curvature is included to avoid a straight look and to achieve a streetscape with beauty
and interest with different angles and to promote safety by slowing up drivers.
The Commissioners considered the new plans. It was recognized that development of the property
under the flexibility ofP.D.D. concept provides benefits to the City and the developer. Discussion
centered on the proposed number of lots and sizes (density) and the degree of curve in the road.
Nielsen and the Abingdon representatives responded to questions. The Commissioners
acknowledged the positive features of the developer's project plans, expressed some concern
regarding lot sizes, supported Nielsen's recommendation that the curve in the development's road
be flattened and requested the developer to consider options to accomplish that.
~ --
PLANNING COMMISSION MINUTES
April 18, 1995 - PAGE 2
Rosenberger moved, Lizee seconded to table to May 2, 1995 consideration 0 f
Abingdon Development Corp.'s Heritage P.D.D. Development Stage Plan, located
south of Edgewood Road and east of Howards Point Road, and recommended that
alternatives for a moderate curve in the road be generated. Motion passed 5/2.
Foust and Kolstad voted nay.
2. SETBACK VARIANCE - referred from City Council on 01-09-95
Applicant:
Location:
John Grable
4720 Bayswater Road
Chair Borkon announced the case. Nielsen reviewed the background to the Commission's review
and recommendation regarding Mr. Grable's variance request and subsequent new material
provided by the applicant (detailed in Nielsen's 04-17-95 memorandum). In December 1994, the
Commission recommended denial of the request because it did not meet the criteria for granting
variances. In January 1995, the applicant submitted additional information to the Council in
conjunction with his request and subsequently the Council referred the matter back to the Planning
Commission for review. The Council is scheduled to consider this application and the
Commission's recommendation at its Apri124, 1995 meeting.
Mr. Grable's request involved variances to construct a deck that encroaches into the 50' perimeter
setback and also encroaches into the common area of the Amesbury West planned unit
development. Extensive material submitted by the applicant cited examples of encroachments into
the common areas and, in at least one instance, an encroachment into the 50' perimeter setback.
Nielsen explained that during his research it was discovered that the City did not uniformly apply
the 50' setback around the entire Amesbury West project and that encroachments into the common
area exist. He indicated it is not clear from available records whether the encroachments appeared
during the original construction or resulted from additions over the years. Nielsen reviewed
various encroachments allowed in the 50' setback. He reviewed the plan and construction history
of Mr. Grable's unit. It was noted that at the Council meeting in January, Mr. Grable stated the
deck could be built without encroaching into the 50' perimeter setback. With respect to the
encroachment into the common area, Nielsen explained that common area use is limited to those
uses provided for in the zoning ordinance. Further, he explained that given the vague language
regarding encroachments in the Amesbury declarations of covenants, the City's zoning ordinance
should apply when considering the variance for construction of a deck that encroaches into the
common area (reference Nielsen's 10-31-90 letter to Mr. James McNulty, builder of the
de".elopment). Nielsen reiterated that the applicant's request fails to meet the criteria for granting
vanances.
Mr. Grable, the applicant, reviewed the history of construction of his home and explained his
preference for the design, size, and location of the deck in question. He referred to the information
booklet prepared that clearly shows similar existing decks extending into the common area.
Therefore, he believes a variance for construction of his deck extending into the common area is
not required since this has been previously allowed by the City.
Mr. James McNulty, developer of Amesbury, reviewed the history of Amesbury and Amesbury
West, and the covenants that allow for routine use of the common area which did not result in any
grievous effect and were approved under the City's building permit process. He referred to the
information booklet with examples of extensions into the common area and encroachments into the
50' perimeter setback.
The criteria for granting variances was reviewed. Subsequently, the applicant, Mr. Grable,
withdrew his request for a variance to allow deck encroachment into the 50' perimeter setback area
at 4720 Bayswater Road.
..' ,,;
PLANNING COMMISSION MINUTES
April 18, 1995 - PAGE 3
The Commissioners discussed the applicant's appeal for a variance for encroachment into the
common area. It was recognized a question of interpretation exists; that of the applicability of the
City's zoning ordinance or the development's covenants. Nielsen again reviewed the difference
between the City's position and that of the developer which is the reason for re-consideration under
the appeal process.
Rosenberger, Turgeon, and Pisula pointed out that the developer was clearly informed of the
City's intention to apply the provisions of the zoning ordinance regarding common areas in
Nielsen's 10-31-90 letter. They could not support granting a variance for the deck to encroach into
the common area since action has not been taken to clarify the ambiguities of the existing
Amesbury covenants, alternative design plans for a non-encroaching deck exist, and application of
the criteria for granting variances provides for consistency throughout the City. Lizee supported
this rationale for denial of the request.
The Commissioners recognized that the City's interpretation is that of the Zoning Administrator
(Nielsen) and considered whether the ordinance should be amended to clearly specify allowable
common area encroachment in P.U.Ds. It was understood and acknowledged that the Amesbury
covenants provide a more liberal interpretation of allowing decks to encroach into its common area.
Foust supported separation of this request from future cases by approving Mr. Grable's request,
notwithstanding the fact that alternative non-encroaching deck designs are possible, and
recommended that action be initiated to resolve the question within the ordinance. Borkon favored
clarification of the ordinance to include the position and interpretation of the CitylZoning
Administrator with respect to P.U.D. regulations.
Pisula moved, Turgeon seconded to recommend to the Council that it deny the
appeal to construct a deck that encroaches into the common space area requested
by John Grable, 4720 Bayswater Road. Motion passed 4/2. Borkon and Foust
voted nay. Kolstad abstained.
The Council will consider the recommendation at its April 24, 1995 meeting.
3. DISCUSS TREE PRESERVATION/REFORESTATION ORDINANCE
This item was re-scheduled to the agenda for the Commission's May 2, 1995 meeting.
4. MATTERS FROM THE FLOOR - None.
5. REPORTS
Council Liaison Benson and Commissioner Turgeon reviewed discussions and actions taken by
the Council at its April 10 meeting. The Commissioners and Nielsen acknowledged the departure
of Arlene Bergfalk after nearly 3 years of service as the Commission's recording secretary.
6. ADJOURNMENT
Pisula moved, Kolstad seconded to adjourn the meeting at 9:50 p.m. Motion
passed 7/0.
RESPECTFULL Y SUBMITTED
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial