Loading...
102201 CC Reg Min '. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 22,2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:07 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Neal J. Blanchett, of Larkin, Hoffman, Daly, and Lindgren, Ltd. for Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Garfunkel moved, Turgeon seconded, approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes October 8, 2001 Turgeon moved, Zerby seconded, approving the City Council Regular Meeting Minutes for October 8, 2001, as presented. Motion passed 5/0. B. City Council Work Session Minutes October 8, 2001 Lizee moved, Garfunkel seconded, approving the City Council Work Session Meeting Minutes for October 8, 2001, as presented. Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Zerby seconded, approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. RESOLUTION NO. 01-063, "A Resolution Approving Change Order 1 for Trunk Highways 7 and 41." C. RESOLUTION NO. 01-064, "A Resolution Approving Licenses to Retailers to Sell Tobacco Products." D. Setting the Date for the Enterprise Fund Work Session meeting E. Authorize Expenditure of Funds for Water System Security REGULAR CITY COUNCIL MEETING MINUTES October 22, 2001 Page 2of7 . F. Approval of a Sign Permit Applicant: Signart, on behalf of Curves for Women Location: 19905 Highway 7 (Waterford Shopping Center) Motion passed 5/0. 4. PRESENTATIONS A. Minnetonka Public Schools Referendum Presentation Mr. Duane Udstuen, Director of Teaching and Learning for the Minnetonka School District, and Mr. Bob Quam, Chair of the Minnetonka School District Board, were present. Mr. Udstuen gave a presentation to the Council regarding the change in funding formulas that necessitated the referendum requests being placed on the voting ballot for November 6, 2001. He explained voters were being asked to consider approving an operating levy and a technology equipment levy for the Minnetonka School District. He further explained, if approved by voters, the levies would generate approximately $2.7 million dollars to maintain current standards for operation and avoid further reductions in programs. He also noted the approval of these levies would replace two levies currently slated for expiration in 2002 and 2006. Next, he reviewed the impact these proposed levies would have on area taxpayers regarding proposed school taxes. Councilmember Turgeon suggested, after hearing information presented this evening, the literature presented to voters be more specific regarding the referendums. Councilmember Zerby agreed. . Councilmember Lizee stated she thought education was the best investment for taxpayers to make with their tax dollars. She noted a definite need for technical and operating monies within the school district and supported both referendums wholeheartedly. Mayor Love stated he had toured the schools recently, and was quite impressed with the quality of education being delivered. He was also quite struck by the need to update the technology being utilized as part of the current curriculum, and couldn't imagine the required investment to keep students competitive technologically. Further, he commented, he appreciated the factors required in generating revenue, and he agreed with Councilmember Lizee's comments. 5. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6. PARKS A. Report on Park Commission meeting held October 9, 2001 Chair Arnst reported on matters considered and actions taken at the October 9, 2001, Park Commission Meeting (as detailed in the minutes of that meeting). . Chair Arnst explained, in response to Councilmember Zerby's question, other park and recreation opportunities in neighboring cities would be included in the review process utilized in designing Shorewood's future park plans. . . . REGULAR CITY COUNCIL MEETING MINUTES October 22, 2001 Page 3 of 7 7. PLANNING Chair Bailey reported on matters considered and actions taken at the October 2, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). He further explained the Commission was considering compiling a "guide book" for Planning Commissioners regarding outcomes in certain cases to avoid subjectivity over time when considering variance requests. Council suppOlted this idea. A. Setback Variance Request Applicant: Christine and Alan Lizee Location: 27055 Smithtown Road Mayor Love noted Councilmember Lizee stepped down from her Council seat in Chamber and recused herself from voting on this matter. Director Nielsen explained the history regarding this request, noting the applicants requested setback variances to build a detached garage and addition to their home. The garage would be built in the southwest corner of the lot, 10 feet from the rear lot line requiring a variance of 40 feet. They also proposed extending the rear of the house approximately six feet into the 50-foot rear yard setback area. Director Nielsen explained the most significant factor in this request was in the size and topography of the property. By placing the garage at the rear of the lot, the applicants would take advantage of the most level portion of the site and would also allow for a turn-around configuration allowing cars to pull onto Smithtown Road going forward, rather than backing out of the drive. Further, he noted, the proposed garage was in keeping with the character of the existing house and surrounding neighborhood. No additional landscaping was being suggested, as the site would have adequate screening in the garage area. With respect to the addition at the rear of the house, the amount of encroachment was a triangle containing 84 square feet of area that would extend over an existing patio area, thus adding no hardcover to the site. A provision in the Zoning Code stated where setback variances were to be granted, the City might wish to make up the setback area on the opposite side of the lot. In this case, he explained, imposing a 56-foot front yard setback on the property for future work would mitigate the variance at the rear. Chair Bailey stated the Planning Commission had unanimously recommended approval of this matter. Zerby moved, Turgeon seconded, approving RESOLUTION NO. 01-065, "A Resolution Approving a Setback Variance Request for Christine and Alan Lizee, 27055 Smithtown Road." Motion passed 4-0-1 (Lizee recused). B. Setback Variance Request Applicant: Thomas Strand Location: 24845 Smithtown Road Director Nielsen reviewed the request, noting the applicant had requested a setback variance to build a deck on the southwest corner of the house. The existing house was currently located entirely within the required 50-foot setback from Club Lane. The proposed deck was described as measuring 11' by 16' and approximately 30-36" in height. It would also extend toward buildable area of the lot. The deck had been designed to avoid requiring a setback variance from Smithtown Road, and it could not be seen from Club Lane. Director Nielsen noted the request satisfied all criteria for granting of variances. REGULAR CITY COUNCIL MEETING MINUTES October 22, 2001 Page 4 of7 . Turgeon moved, Garfunkel seconded, approving RESOLUTION NO. 01-066, "A Resolution Approving a Setback Variance Request, subject to staff recommendations, for Thomas Strand, 24845 Smithtown Road. Motion passed 5/0. C. Setback Variance Request Applicant: Kerri and Martin Hawk Location: 5680 Christmas Lake Point Director Nielsen explained the applicants proposed a significant remodeling project for their house. He noted the property to be substantially nonconforming for the zoning district in which it was located, and variances would be required for nearly any kind of improvement to the site. The applicants proposed adding a new level on top of the existing two-story walkout, resulting in a two-and-a-half-story building. In addition, they proposed converting the south end of the house that was previously a garage, back into garage space. They would then demolish the existing detached garage on the north side of the lot. The house was currently located 18 feet from the ordinary high water level (OHWL) of Christmas Lake and only 11.7 feet from Christmas Lake Point, which was a private road. Also, the applicants proposed removing or reducing the amount of impervious surface as part of this application. . In reviewing the proposed site plan, Director Nielsen explained, the property would be unbuildable under current standards, as the setbacks from the street and OHWL for Christmas Lake would overlap. In converting the old garage space back into a garage, the applicants were proposing an extension of four feet to the south and two and one half feet to the west. In addition, the applicants were attempting to reduce the nonconformity of one of the decks by removing approximately six feet of it nearest the shoreline. In addition to removing the existing detached garage, the applicants also proposed removing a substantial portion of the driveway on the north side of the house. The amount of impervious surface at present was 47.8%. Upon completion ofthe project, the site would have 37.4%. Although the building height was anticipated to increase, the height would remain allowable under the R- lC/S district requirements. The height of the proposed roof would also be visually diminished by incorporating the upper level within the roof structure. The existing trees on the lakeside of the home further softened the view of the home from the lake. As a result, Director Nielsen suggested approval of any variance should be conditioned upon saving and protecting those trees throughout the construction process. He also suggested that when removing part of the deck closest to the lake, earth-tone colors be used, rather than white, in rebuilding that area. Also, he recommended consideration be given to landscaping treatments to hide the deck structure. In light of all preceding information shared, the applicants' request was considered to meet the criteria for granting a variance. Kerri Hawk, owner of the property, stated she would be available to answer any questions from Council. Councilmember Turgeon complimented the applicants on doing a complete job of addressing issues of concern on the site. Director Nielsen explained a landscaping plan would be utilized for the deck area where naturalized plantings would help to conceal the deck from view. Lizee moved, Zerby seconded, approving RESOLUTION NO. 01-067, "A Resolution Approving a Setback Variance Request for Kerri and Martin Hawk, 5680 Christmas Lake Point." Motion passed 5/0. D. Appeal for Extension of Deadline to Apply for Conditional Use Permit Applicant: Lake Fellowship Unitarian Church Location: 24575 Glen Road . . . . REGULAR CITY COUNCIL MEETING MINUTES October 22, 2001 Page 5 of7 Director Nielsen explained he had received a call indicating the applicant had recently surfaced the parking lot without the necessary review and permit by the City. Since the church existed as a conditional use in a residential zoning district, any changes made would include the need for a Conditional Use Permit. He stated he was not surprised to learn an extension had been requested in this case as the Minnehaha Creek Watershed District (MCWD) had directed the applicant to complete a wetland delineation to be completed prior to mid-October of this year. With this in mind, Director Nielsen recommended the extension be granted conditioned upon verification of a wetland delineation to be certified prior to November 1, 2001. Councilmember Lizee expressed concern that an asphalt company had undertaken this job without making proper application to the City. Mayor Love stated he viewed this as a serious violation of City ordinances as well as MCWD regulations. He stated he would appreciate the applicant bringing this matter into conformity with all ordinances pl;or to December 11, 2001. Turgeon moved, Garfunkel seconded, Approving an Appeal for Extension of a Deadline to Apply for a Conditional Use Permit until December 11, 2001, subject to a wetland delineation verified by the Minnehaha Creek Watershed District no later than November 1, 2001. Motion passed 5/0. 8. GENERAL A. Making an Appointment to the Minnetonka Community Education and Services (MCES) Advisory Board Mayor Love stated, without objection from Council, Mr. Tad Shaw, of 5580 Shore Road, would attend a City Council Work Session Meeting as an MCES Advisory Boardmember on November 26, 2001, to discuss issues of concern. B. Adoption of Policy Regarding Acceptance of Conservation Easements Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 01-068, "A Resolution Adopting a Policy Regarding Donations of Conservation Easements and Restrictions." Motion passed 5/0. C. Setting the Date for the Annual Appreciation Party Without objection from Council, Mayor Love stated he and Councilmember Lizee would be liaisons to the Staff Planning Committee for this event set to take place on December 7, 2001. 9. ENGINEERING/PUBLIC WORKS A. Amlee Road/Glen Road Feasibility Report Update Engineer Brown reported the hydraulic analysis portion of this report was nearing completion and representatives from WSB and Associates would be present at the November 5, 2001, Regular City Council Meeting to share a precise schedule as well as a clear and definitive answer regarding the solution and funding for this drainage project. B. Preliminary Approval of County Road 19 Project Plans .. ., . . . REGULAR CITY COUNCIL MEETING MINUTES October 22, 2001 Page 6 of7 Engineer Brown happily reported preliminary approval had been granted by Hennepin County for the County Road 19 Project Plans. Mayor Love stated he would like to include all appropriate parties involved in planning the new public safety facility as certain items for this project would need to be absorbed by other agencies. 10. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated more information would be available on this matter after the next Minnehaha Creek Watershed District Meeting. 2. County Road 19 Intersection Engineer Brown stated he had nothing further to repOlt on this matter. 3. T.H. 7/41 Project Engineer Brown stated in light of the recent fatalities on these roadways, the City recommended a 45 mph speed limit be established. This action was vetoed by the Minnesota Department of Transportation (MnDOT) in favor of additional signage in that area. He noted this decision was contrary to previously agreed upon actions and was not expected. Further, he explained MnDOT's perspective to be that cities would not dictate what actions would be made on state highways. As a result, he noted spirited discussions were still occurring in an attempt to find suitable resolution to the matter. With regard to the portion of the project occurring on the north end of Highway 7, he noted Lake Linden Drive had been closed to allow the contractor to complete necessary tasks as soon as possible. Also, he was confident this would take place in a timely manner prior to the winter season. Mayor Love stated he was concerned for the apparent arrogance of MnDOT with regard to safety concerns for the roadways B. Mayor & City Council 1. SLMPD Coordinating Committee - Four-City Work Session Meeting on Thursday, October 25,7:00 p.m., Southshore Center Mayor Love explained the South Lake Minnetonka Coordinating Committee would be hosting a Four City Work Session Meeting on October 25, 2001, at 7:00 P.M. at the Southshore Community Senior Center. The meeting would be facilitated by Mr. Larry Bakken, law professor at Hamline University, and would identify issues regarding the need and affordability of a new police facility. He noted this to be a historic event as it was the first time these four City Councils had met to discuss the possibility of working together on a project that would establish them all as one community. a. ., . . . REGULAR CITY COUNCIL MEETING MINUTES October 22, 2001 Page 7 of7 11. ADJOURN Zerby moved, Garfunkel seconded, adjourning the Regular City Council Meeting of October 22, 2001, at 8:33 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary j ,:Ii'.",". \./ ',' '., ?~, e j"," ,.." ..... "4 ..,' _ Woody IYove, Mayor ~ . . . . ," CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MONDAY, OCTOBER 22,2001 57SS COUNTRY CLUB ROAD CITY HALL CONFERENCE ROOM 6:4S P.M. MINUTES 1. CONVENE SPECIAL MEETING Mayor Love called the meeting to order at 6:47 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby, Administrator Dawson Absent: None B. Review Agenda Mayor Love reviewed the Agenda, noting the sole purpose of the meeting was to interview a candidate for appointment to the Minnetonka Community Education and Services (MCES) Advisory Board. 2. INTERVIEW CANDIDATE FOR MCES ADVISORY BOARD One candidate, Tad Shaw of 5580 Shore Road, was interviewed for appointment to the MCES Advisory Board. 3. ADJOURNMENT Lizee moved, Garfunkel seconded, adjourning the City Council Special Meeting of October 22,2001, at 7:02 P.M. RESPECTFULLY SUBMITTED, ".1- tx,,,.:>-^' Woody Love, Mayor