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092401 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 24, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Turgeon, and Zerby; Councilmember Lizee (arrived 7:18 P.M.); Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Administrator Dawson B. Review Agenda Zerby moved, Turgeon seconded, approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes September 10, 2001 Turgeon moved, Zerby seconded, approving the City Council Regular Meeting Minutes of September 10, 2001, as presented. Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approving the Permanent Appointment of Bruce Stark as Light Equipment Operator C. Request for a Sign Permit Applicant: Minnewashta Elementary School Location: 26350 Smithtown Road Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented by audience this evening. CITY COUNCIL REGULAR MEETING MINUTES September 24,2001 Page 2 of 7 . 5. PARKS A. Report on Park Commission Meeting Held September 11, 2001 Chair Arnst reported on the matters considered and actions taken at the Park Commission Meeting held on September 11, 2001 (as detailed in the minutes of that meeting). She also noted a meeting had taken place with the residents of The Seasons area of the City. She noted a very pleasant, positive discussion took place with many residents reporting initial fears regarding the use of the Skate Park were unfounded. However, concern persisted for the amount of cut-through pedestrian and bicycle traffic from the eastern portion of the City. All parties agreed to hold another meeting in late spring for discussion on anticipated concerns for use of the Skate Park in the second season. Chair Arnst also noted Officer Hanson would be speaking to kids in the area regarding other alternative routes avoiding The Seasons area in an effort to get to the Skate Park. Also, she noted a brief article would appear in other neighboring cities' newsletters requesting park users pursue other routes to get to the Skate Park. Mayor Love questioned Chair Arnst about the vandalism occurring at Eddy Station. She reported South Lake Minnetonka Police Chief Litsey had been made aware of the problems of recent vandalism at Eddy Station, and special attention would be paid to the building and surrounding area as a result. In spite of these efforts, a decision had been made to delay the use of Eddy Station as a warming house for an ice rink at Freeman Park this winter. Engineer Brown also commented that even with attendants present, occasional vandalism was occurring in the City parks. In addition, he noted it was becoming increasingly difficult to properly staff all City warming houses; thus, staffing was being given this year to p110rity rinks. . Council expressed concern for the vandalism, noting vandals were costing the City taxpayers significant amounts of money to replace and repair materials in the City parks. Councilmember Turgeon suggested the potential for a reward for reporting vandalism and also suggested residents bordering the parks be aware of the potential for vandalism in the area. Chair Arnst also commented quality of life was being destroyed along with public property as a result of the vandalism. 6. PLANNING Without objection from Council, Mayor Love requested these items be discussed later in the evening in fairness to the applicants. Since variances required a four-fifths approval from Council, he explained it would be more prudent to present the cases when full Council could be present. Upon arrival of Councilmember Lizee, the following items were discussed. Commissioner White of the Planning Commission reported on matters considered and actions taken at the September 18, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Setback Variances Applicant: Dan Plaziak Location: 448 Lafayette Avenue Director Nielsen explained the applicant was remodeling his home and proposed expanding the northeast corner of the house approximately one hundred-sixty square feet and filling in a two-foot "jog" in the front of the house. He noted the property was a nonconforming (size) lot located on a peninsula of land abutting the ShorewoodlExcelsior municipal border on its east side. He also noted the applicant proposed alternatives to the expansion of the northeast corner of the house. Alternative 1 exhibited the entire . northeast corner of the structure filled in, requiring a four-foot variance toward the lake. Alternative 2 CITY COUNCIL REGULAR MEETING MINUTES September 24, 2001 Page 3of7 . showed the addition being cut back at a forty-five degree angle in compliance with the average setback of the two houses abutting the applicant's property. Either alternative required a variance to the ten-foot side yard setback requirement. He then reviewed variance criteria, noting the small size and unique configuration of the lot, resulting in no buildable area on the lot, were considered "special conditions" as described in the Zoning Code. He also noted the applicant attempted to mitigate the variance as much as possible by removing existing decking and sidewalk area. In comparison of the alternate proposals, Alternative 2 complied with the average lakeshore setback and minimized the extension into the required side yard as well as reducing the hardcover slightly more than Alternative 1. Mr. Plaziak was in attendance and offered to answer any questions Council may have had regarding this request. Turgeon moved, Lizee seconded, approving RESOLUTION NO. 01-059, "A Resolution Granting a Setback Variance for Dan Plaziak, 448 Lafayette A venue." Council member Turgeon stated this was a challenging piece of property, and she appreciated Mr. Plaziak's efforts in working with the City to minimize variance requests. Motion passed 5/0. . B. Setback Variance Applicant: Jim Klecker Location: 4675 Lakeway Terrace Director Nielsen reviewed information regarding the applicant's request for a setback variance. He noted the applicant proposed replacement of a ten-foot by sixteen-foot deck on the rear of the house with a three-season porch. He stated the existing house was not in compliance with the thirty-five foot rear yard setback, and the proposed porch would be twenty-three feet from the rear lot line, requiring a variance of twelve feet. Director Nielsen also explained the applicant had offered two alternatives-one a twelve-foot by sixteen- foot porch and the other a fourteen-foot by fourteen-foot porch. He went on to explain the applicant's lot was one of the shallowest on the street, and the lot physically curved with the bend in Lakeway TelTace. Also, the boundary between zoning districts occurred at the applicant's rear lot line. Further, he noted the land was developed, and the house built, under different standards in 1967. In addition, Director Nielsen explained there were a number of surrounding buildings closer to the rear lot line that the applicant's, and the proposed addition would not be out of character with the existing neighborhood. He noted the Zoning Code stated that variances were to be minimized to the extent possible. Based on this, he recommended the variance be granted, subject to the following conditions: 1. The depth of the addition should be limited to comply with the twenty-four foot average setback of the buildings on the properties to the north and south. 2. The resolution approving the request should include a provision that the house should not be extended any closer to the street than it currently was. . Mr. Jim Klecker, owner of the property, stated he had not been able to utilize his deck properly over the past thirty-four years and should this request be granted, that would now be able to occur. He also stated CITY COUNCIL REGULAR MEETING MINUTES September 24, 2001 Page 4 of 7 . he had requested the fourteen-foot porch for building reasons, but the eleven-foot recommendation from the Planning Commission was also doable. Zerby moved, Turgeon seconded, approving RESOLUTION NO. 01-060 "A Resolution for a Setback Variance, subject to staff recommendations, for Jim Klecker, 4675 Lakeway Terrace." Motion passed 5/0. 7. GENERAL A. Excelsior Area Chamber of Commerce Request for Funding for Holiday Lighting This item was discussed upon arrival of Chamber Director Linda Murrell. Ms. Murrell explained the Chamber of Commerce was again sponsoring a Winter Wonderland theme for downtown Excelsior for the winter holidays. As a result of a lack of volunteer labor as planned over the past years, she was now turning to the South Lake Minnetonka cities in an effort to provide funding to continue the tradition of lighting downtown Excelsior with white lights to commemorate the winter holidays. She further explained the money, if contributed, would be used to purchase lights, poles, and labor as part of the holiday tradition. In response to Councilmember Turgeon's question, Finance Director Burton stated this item had not been a part of the budget; however, monies could be made available through the City's Contingency Fund. . Mayor Love stated he was in favor of participating in this request as it was not truly about lighting, but about the act of participating as a community. He noted thanks should be given to the Excelsior City Council for participating in the Community Visioning project, as it would begin to provide the first dynamic look at the South Lake Minnetonka community as a whole. He also noted it was not an individual city contribution that made it important, but the sum of all cities being involved that made it worthwhile. Councilmember Lizee also commented the Chamber of Commerce had done a great deal for the community regarding the promotion of the Skate Park and public safety facilities. She encouraged the use of individual donations from area residents toward this tradition as well. Lizee moved, Garfunkel seconded, approving the donation of $1,000 for funding of the Holiday lights in Excelsior. Councilmember Zerby stated he thought this was a great idea as it served the community as a whole. In addition, he appreciated the volunteerism being offered by the Chamber of Commerce for the entire community. Ms. Murrell stated the tradition would help to draw many people into the downtown Excelsior area as well as other local shopping areas to be decorated, such as the Shorewood Village Shopping Center and Smithtown Crossings. She stated this area would soon come to a critical juncture in trying to maintain growth in the local economy, and she encouraged residents and Council to support the local merchants as much as possible in the upcoming months. Mayor Love stated this project was an indication of the interdependence of the communities in the area. The vitality of the economy of the area was important to all as property values depended on the economy . of the downtown areas. CITY COUNCIL REGULAR MEETING MINUTES September 24, 2001 Page 5 of7 . Motion passed 5/0. . . Ms. Murrell thanked the Council for its support. B. Setting the date of the first Council meeting of November Council agreed the first Regular City Council Meeting of November 2001, would take place on November 5,2001, at 7:00 P.M. 8. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was nothing further to report at this time. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Mayor Love stated he and other City representatives had met with the representatives of the Minnehaha Creek Watershed District on Thursday, September 20, 2001, to discuss funding for the Gideon Glen project. He noted the Watershed District was interested in assisting with funding this project. The Watershed District was considering a wide range of amounts for funding, and urged the City to attract other agencies as well for contributions to this project. Funding updates would continue to be provided to Council over time regarding this matter. Mayor Love commented this project could provide many agencies the unique opportunity to be involved in creating public awareness regarding various environmental resources. 2. County Road 19 Intersection Engineer Brown reported WSB and Associates would provide a complete report on this matter at a Regular City Council Meeting in October of this year. At that point in time, he noted, Hennepin County would potentially have signed off on the preliminary layout, and the matter would be appearing before Council for review and approval. 3. TH 7/41 Project Engineer Brown explained the tapered lane on approach to the intersection of this project had been opened a bit recently. He had noticed it seemed to relieve traffic on alternative routes in the area, and traffic had been flowing more smoothly as it approached the signal atHighway 41. He also noted, should the State employees decide go on strike, he had been assured the State would staff this project until completion if needed. 4. Country Club Rd/Yellowstone Trail/Lake Linden Dr. OpeD House Engineer Brown stated he was pleased to report there had been a great turnout of residents at the Open House and he had received many favorable comments regarding the proposed traffic calming measures to be implemented in that area. Director Nielsen also commented the Planning Commission had . . . CITY COUNCIL REGULAR MEETING MINUTES September 24, 2001 Page 6 of7 recommended the Park Commission expedite the trail planning process for that area as a result of discussions at the Open House. 5. Minnetrista Bridge Engineer Brown explained Hennepin County, under direction of the City of Minnetrista, had inspected the "red bridge" that allowed access for Shorewood's island residents recently and found the soundness of the support beams to the bridge to be inadequate. As a result, any vehicles larger than a sport utility vehicle were not anticipated to be able to safely access the area. He also noted a great deal of communication had taken place with Minnetrista at emergency meetings related to the matter. Of particular concern was accessibility to the island for public safety vehicles. He reinforced the idea that in spite of the weight restrictions currently in place, public safety vehicles could and would be allowed to access the island if need be. In addition, the City of Minnetrista was expected to have a temporary solution in place within two weeks time. Engineer Brown responded affirmatively to Attorney Keane's question regarding continued enforcement of weight limit restrictions at the bridge. He noted three overweight vehicles had been restricted to the island, with one of them being barged off this week. B. Mayor & City Council Mayor Love stated the Police Coordinating Committee held a meeting on September 18, 2001. In an effort to bolster continued support for a new police and fire facility, a committee comprised of the police and fire chiefs as well as the city administrators would be meeting in the future. Thus, continued information regarding this matter would be forthcoming over time. He also stated representatives of Council had been successful in recruiting the City of Excelsior to join with Shorewood in the Community Visioning project planned. In addition, the City of Deephaven was giving the matter serious consideration, and the City of Tonka Bay had decided not to participate in the project. 10. RECESS TO EXECUTIVE SESSION Mayor Love stated there would be a five-minute recess prior to convening the Executive Session to discuss personnel matters this evening. Mayor Love convened the Executive Session at 8: 10 P.M. Mayor Love, all Councilmembers, and Attorney Keane were in attendance. Council discussed personnel matters regarding the position of the City Administrator. Turgeon moved, Zerby seconded, authorizing a four-percent contribution to the deferred compensation plan for Administrator Dawson. Motion passed 5/0. Turgeon moved, Lizee seconded, adjourning the Executive Session and returning to the Regular Session of the City Council Meeting at 8:15 P.M. Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES September 24, 2001 Page 7 of7 11. ADJOURN Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting of September 24, 2001, at 8:16 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, art:L Sally Keefe, Recording Secretary Woody Love, Mayor