121001 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 10,2001
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:02 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Lizee, Turgeon, and Zerby; Administrator Dawson;
Attorney Keane (arrived 7:05 P.M.); Engineer Brown; Finance Director Burton; and
Planning Director Nielsen
Absent:
Councilmember Garfunkel
B.
Review Agenda
Mayor Love reviewed the Agenda. Administrator Dawson requested Item 8C, Accepting Improvements
for Trunk Highway 7 Access Closures, be added to this evening's Agenda.
Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 4/0.
2.
APPROVAL OF MINUTES
A. City Council Work Session Meeting of November 26, 2001
Turgeon moved, Zerby seconded, approving the City Council Work Session Meeting Minutes of
November 26, 2001, as presented. Motion passed 4/0.
B. City Council Regular Meeting Minutes of November 26, 2001
Zerby moved, Turgeon seconded, approving the City Council Regular Meeting Minutes of
November 26, 2001. Motion passed 4/0.
C. City Council Work Session Minutes of November 26, 2001
Turgeon moved, Lizee seconded, approving the City Council Work Session Meeting Minutes of
November 26, 2001. Motion passed 4/0.
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.
Adopting RESOLUTION NO. 01-078, "A Resolution Approving Year 2002 Refuse
Hauler Licenses."
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REGULAR CITY COUNCIL MEETING MINUTES
December 10,2001
Page 2 of 9
C.
Adopting RESOLUTION NO. 01-079, "A Resolution Approving Year 2002 Tree
Trimmer Licenses."
D. Approving the Engagement Letter for 2001 Audit
E. Authorizing the Mayor and City Administrator to Enter Into an Agreement for
Rink Attendant and Warming House Supervision Services for the 2001-2002 Ice
Skating Season
F. Approving the Year 2002 Agreement for Animal Control and Animal Impound
Services
G. Authorizing the City Administrator to Enter Into an Agreement for Cleaning
Services at Shorewood City Hall and Public Works Facilities
H. Authorize Expenditure of Funds for Laser Printer
I. Direct Staff to Enforce Nuisance Code
Location: 5620 Star Lane
Property Owner: Charles and Sally Carlson
Motion passed 4/0.
4. MATTERS FROM THE FLOOR
There were no matters from the floor this evening.
5. PARKS
As there had not been a Park Commission Meeting prior to this Council meeting, Engineer Brown noted
there was nothing to report at this time. He also noted a Joint Work Session Meeting including the Park
Commission and Council was scheduled for December 11, 2001, at 7:00 P.M.
6. PLANNING
Commissioner Gagne reported on matters considered and actions taken at the December 4, 2001,
Planning Commission Meeting (as detailed in the minutes of that meeting).
Attorney Keane arrived at 7:05 P.M.
A. Cub Foods pre-application
Location: 6095 Lake Linden Drive
Applicant: John Uban (DSU), representing the Shorewood Village Shopping Center
Director Nielsen briefly reviewed the history on this matter, noting this was a Preapplication for a
Comprehensive Plan Amendment regarding expansion of the Shorewood Village Shopping Center to
include a new CUB Foods grocery store. As such, its purpose was to allow the applicant to meet
informally with Council to explain the proposal, requesting the land use designation of the property at
6095 Lake Linden Drive be changed from "Low to Medium Residential" to "Commercia1." While no
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December 10, 2001
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official action was being taken this evening, it was important to give the applicant enough direction to
make a determination whether or not to proceed with a formal Comprehensive Plan Amendment request
as well as any other zoning requests necessary. He also stated a number of issues had been addressed
since submission of the original proposal. Further, he explained the owner of the Shopping Center had
hired the planning consulting firm of Dahlgren, Shardlow, and Uban, Inc. (DSU) to submit a revised
proposal for the project.
Director Nielsen then introduced Mr. Stan Taube, owner of the Shorewood Village Shopping Center. Mr.
Taube stated he had purchased the property 5 to 6 years ago, made design improvements, and in looking
to the future decided the public wanted more conveniences in grocery shopping. CUB Foods Inc.,
through a third party, came to him and began working on potential plans for the site. He explained the
Planning Commission had denied his earlier proposal. Since that time, he had hired DSU to make
accepted dramatic changes to the exterior of the store. He also noted the Planning Commission had been
complimentary regarding the most recent proposal and additional changes had been made since that
meeting in October of this year as well. He noted Mr. Uban was here to make presentation of the revised
proposal to the Council this evening.
Mr. John Uban, partner in DSU, Inc., presented information to Council regarding the preapplication. He
explained the focus of the application was to change the designation in the City's Comprehensive Plan for
the residential property, directly west of the current Shopping Center. In addition, he stated his firm had
attempted to provide a typical and prudent idea for expansion of the site instead of building a separate
CUB Foods store on the property. Mr. Uban then reviewed the City's Comprehensive Plan Land Use
Policies for Commercial properties, as well as applicable general and residential policies, showing how
the revised proposal would meet or exceed those recommended guidelines for future use. He stated a
neighborhood meeting had been held on Thursday, December 6, 2001, at the Shorewood Village
Shopping Center to discuss this proposal with local residents and receive feedback. He stated residents
appreciated the removal of the retaining wall in the revised site plans. Furthermore, he explained this
revised proposal had included additional landscaping, utilized an underground water collection system to
alleviate stormwater management issues, provided entry monuments and traffic calming measures for the
Lake Linden neighborhood, redesigned entrances to Lake Linden Drive from the Shopping Center had
been added, the proposed addition had been decreased in size, an enhanced architectural fa<rade had been
added to the design, and additional parking had been added to meet City requirements. Many of these
design changes were in response to recommendations by the City Staff, Commissions, or residents in
effort to reduce the number of variances being requested. He then detailed these proposed changes made
to the design, noting there would be increased traffic on local collector streets as a result of new
development to the site.
Mr. Ron Krank, of KKE Architects Inc., shared the proposed architectural improvements for the site,
noting there was a dramatic attempt to establish a "village" character for the Center.
Mr. Curt Craig, District Manager for CUB Foods, explained proposed changes to the interior layout of the
store, noting these changes attempted to create "a series of small stores within a store." He also stated
CUB Foods had worked diligently to be a good participant in the communities where stores were located.
Mr. Lloyd Johnson, Vice-President of Real Estate for Supervalu, explained the rationale behind the
selection of this site for use as a CUB Foods store. He explained CUB Foods stores were corporately
owned. In addition, each potential site for a CUB Foods store needed to meet established criteria,
including location from other existing CUB Foods stores, physical site location on arterial roadways, and
potential for support from established trade areas. He noted this proposal fit all three of those corporate
criteria. He also explained other smaller store formats, such as County Market, were independently
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REGULAR CITY COUNCIL MEETING MINUTES
December 10,2001
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owned and typically found in an area where urban expansion had not yet established that area as being
desirable for a CUB Foods store.
Mayor Love asked Director Nielsen to reVIew the purpose of the Preapplication Process for a
Comprehensive Plan Amendment.
Councilmember Turgeon questioned whether the Department of Natural Resources (DNR) had made a
determination of the classification of Lake Linden. Director Nielsen explained the DNR's perspective
regarding this classification, noting the City could continue to request applicants to observe the Shoreland
Management guidelines for impervious surface; however, the DNR would not be able to support those
guidelines. Councilmember Turgeon then asked questions related to issues of underground ponding and
traffic. She also stated she was concerned for the increase of 190 vehicles per day on Lake Linden Drive
due to customers visiting this CUB Foods store.
Attorney Keane reminded Council its purpose was to provide feedback and direction to the applicant
regarding the land use amendment being presented.
Mayor Love stated he shared Councilmember Turgeon's concern regarding increased traffic flow,
regardless of cause, on roadways already overburdened with vehicular travel. Mr. Uban stated he could
not precisely speculate what would happen on the collector streets surrounding the site, but stated traffic
studies had been conducted twice in this project with four traffic flow alternatives being proposed.
Councilmember Turgeon noted changes to the fa<rade were nice, but didn't seem to diminish the overall
scale and character of the building.
Councilmember Zerby stated he had remaining questions regarding issues of trash removal and refuse
trucks, increased traffic flow patterns for the mall site, signage, seasonal uses of the parking spaces, as
well as lack of carry-out service and parking consideration for seniors. In addition, he stated he was
concerned for an interior connection between the proposed CUB Foods store and the mall.
Councilmember Lizee stated she had concerns regarding the parking requirements and size of the store.
She questioned the reluctance for further reduction in size of the store and potential for such a store as a
County Market for the site. Mr. Uban responded this site was not part of the market strategy format
intended for a County Market store. He noted the key issue regarding success of the mall was to have a
successful "anchor" grocery store. Councilmember Lizee also stated she was reluctant to approve the
proposal, as presented, because she believed the RI-C zoning designation on the propeIty being
considered provided transitional zoning which was crucial to maintaining balanced zoning within the
districts.
Mayor Love expressed concern for the overall impact to the area. He also stated he had heard many
changes proposed from the original design and could see greater sensitivity to the concerns of residents,
Staff, and Commissions being displayed in this site plan.
Mr. Uban stated he would continue to work with City staff, the community, and neighborhood residents
to move forward in the process. He anticipated returning in January, 2002, to present further
improvements to the proposal.
Mayor Love recessed the meeting at 8:19 P.M. and reconvened the meeting at 8:22 P.M.
B.
Apple Ridge pun Final Plan
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December 10, 2001
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Director Nielsen reviewed the history of this matter, noting there were significant concerns expressed
from the public and Planning Commission regarding concept and development plans for this site in
August of this year. As a result, the final plan/plat had been referred back to the Planning Commission in
advance of the Council's review of the final documents. He then noted the Pinal Plat; Tree Preservation
and Reforestation Plan; Declaration of Covenants, Conditions, and Restrictions; Declaration of Driveway
Easement and Maintenance Agreement; and Conservation Easement had also been submitted for the
Commission's review. He also noted the developer would be able to connect to the Woodhaven water
system, eliminating the need for the fire access turn-around, resulting in considerably less site alteration.
In addition, he complimented the applicant on his efforts to include plantings that would supply aesthetic
separation between the buildings as well as along the driveway and beside Apple Road. Also, he stated a
Conservation Easement was being granted over Outlot A, and Outlot B was anticipated to be purchased
and combined with another neighboring lot to the north of the proposed development. As paIt of the
planning process utilized in this matter, Engineer Brown would be approving the necessary drainage
construction plans as needed.
Mr. Peter Knaeble, a civil engineer representing Mr. Lecy, stated he would answer any Council may have
of him.
Zerby moved, Lizee seconded, adopting RESOLUTION NO. 01-080, "A Resolution Approving the
Final Plat of Apple Ridge."
Councilmember Lizee commented she appreciated the efforts in review of the final plat by the Planning
Commission in this matter.
. Motion passed 4/0.
C. Business Hours Limitation Ordinance
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Director Nielsen explained this ordinance was an effort to regulate the hours of operation in business
districts within the City. He reviewed the modifications made to the proposed draft, noting it had been
revised to include idea that trucks could be parked prior to 10:00 P.M., with motors off, and could be off-
loaded after that time.
Councilmember Zerby questioned whether the City had a definition of "business" in its Comprehensive
Plan. Attorney Keane responded affirmatively and noted a definition of "commercial" also had been
defined. Councilmember Zerby noted a discrepancy in the City's expectation regarding movement of
refuse collection trucks as part of this ordinance, stating it seemed a bit unusual to allow the task to be
performed earlier in the day in residential neighborhoods and regulate this task in the business districts.
Director Nielsen explained there were no regulations regarding the time refuse collection could occur in
residential neighborhoods; however, there were City policies in place relating to noise between 10:00
P.M. and 7:00 A.M.
Zerby moved, Turgeon seconded, Adopting ORDINANCE NO. 374, "An Ordinance Regulating
Business Hours." Motion passed 4/0.
D. Landscaping Ordinance
Director Nielsen stated this area of the City Zoning Code had been in need of revision for some time as
the areas related to the scope, specifications, design, maintenance, security, parking lot landscaping, and
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REGULAR CITY COUNCIL MEETING MINUTES
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submission requirements as part of the planning process for landscaping were inadequate. Director
Nielsen then reviewed proposed changes in these areas. Mayor Love thanked him for his time and effort
in working with the Planning Commission regarding these recommendations.
Turgeon moved, Lizee seconded, Adopting ORDINANCE NO. 375, "An Ordinance Adopting
Landscaping and Screening Requirements." Motion passed 4/0.
E. Hard Cover Limitations for Properties Outside the Shoreline District
Director Nielsen provided background information regarding this matter, explaining this issue had been
visited in various discussions numerous times through the past years. He then reviewed the draft
ordinance and rationale for proposed recommendations regarding maximum ratios of impervious smface
to lot area. He explained the limitations would be for residential, commercial, and
governmental/community-use lots situated outside the Shoreland Zoning District. The maximum ratio of
impervious surface to lot area for lots not in the Shoreland District were recommended at 33% for
residential lots, and 66% for commercial lots and lots with governmental, educational, religious or
community-based facilities situated upon them. Conditional Use Permits could be granted where certain
provisions existed requiring the need for additional impervious surface.
Mayor Love thanked the Planning Commission and Director Nielsen for all the hard work in drafting
these limitations. He also stated he believed this issue to be of significant environmental concern for the
area. He also suggested the idea of "banking" green space in the City be considered in the future in effort
to limit impervious surface and retain open spaces.
Councilmember Zerby questioned whether limitation ratios had been examined in other local
municipalities. Director Nielsen explained the lake communities of Excelsior, Mound, Spring Park, and
Wayzata, Minnesota, had also been examined. Councilmember Zerby also questioned the impacts this
ordinance would have on various neighborhoods. Director Nielsen stated it was not anticipated to have a
significant impact on many of the residential neighborhoods, but would most likely impact many
commercial sites under development.
Mayor Love stated he thought the draft ordinance seemed reasonable in its application and was hopeful it
would help to guide and impact development in the future.
Councilmember Turgeon expressed concern for its impact on the Lakeshore-Recreational District and
certain existing sites.
Councilmember Zerby stated he thought it important to consider all the impacts this draft ordinance could
have on the City's zoning districts, as it would affect more than just the environment.
Mayor Love stated this ordinance was aimed at impacting the environment and was not intended to
impact business policy.
Director Nielsen thanked Council for its comments and explained this draft ordinance would be on the
Regular City Council Meeting Agenda of January 14,2002, for further consideration and discussion.
7. GENERAL
A. Appointment of City Representative to the LMCD Board
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December 10, 2001
Page 7 of9
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Lizee moved, Turgeon seconded, appointing Mr. Tom Skramstad, 28020 Woodside Road, as the
City's Representative to the Lake Minnetonka Conservation District Board. Motion passed 4/0.
B. 2002 Budget Presentation - Approving the 2002 Budgets and Approving the
Property Tax Levy Collectible in 2002
Finance Director Burton presented the 2002 Budget to Council. She stated the budget, after adoption by
the Council, would become the guide for delivery of services to the residents of the City for the coming
year. In addition, the budget supported the City's purpose of providing value in municipal services to
residents while assuring compliance with community laws and standards. She stated there were many
variables considered when preparing the 2002 budget.
The 2002 Proposed Budget contemplated an increase in the City's tax levy, as permitted by the newly
legislated levy limits. The proposed 2002 levy was $2,763,367, which was an increase of approximately
5.4%, after correction for lost state aids the City must now levy for. Overall, property tax bills should
decrease for most properties due to other changes in the property tax structure.
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The 2002 Proposed General Fund Budget was $3,270,162, which was an expenditure increase of
approximately 4.5% from last year's budget. Revenues were expected to remain fairly stable with the
exception of the building permit revenue, which was expected to decrease. Other sources of revenue
included fees, permits, some limited governmental aid, and transfers from other funds. Some items
contributing to growth in expenditures for the Year 2002 would include: Fire Department increases,
Police Department requests, LMCD requests, Community Visioning Process, Elections, Recodification of
the Zoning Code Book, Computer Equipment upgrades, Senior Community Services, and increases in
Professional Service fees.
Next she reviewed the Water Fund budget, comprised of the Water Operations and Water Debt Service
funds. She noted capital improvements for 2002 were to include interconnection of the W oodhaven Well
with Excelsior and repair of the turbine pump at Boulder Bridge. These improvements were previously
schedule for 2001. In addition, other improvements being contemplated included alarm systems installed
on the water towers, and some funds to be set aside to begin implementation of a radio water meter
reading system.
The proposed budgets for the Sanitary Sewer Fund had revenues and expenditures similar to Budget
2001. Capital improvements for the year included refurbishment of the Shady Island and Birch Bluff Lift
Stations and the installation of 3 alarm/autodialers to various lift stations, as well as a shared purchase of
a Vacuum Jetter Truck that would allow for safe cleaning and jetting of the City's sewer lines.
The Stormwater Management and Recycling Budgets were not expected to have any substantial changes
for the Year 2002. The Liquor Operations budgets were to remain stable for the Year 2002 as well.
Council thanked Finance Director Burton and Administrator Dawson for effort demonstrated in
preparation of the Budget for the coming year.
Mayor Love recessed the meeting at 9:30 P.M. and reconvened the meeting at 9:41 P.M.
C. Establishing the 2001 Pay Scale and City Insurance Contribution
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REGULAR CITY COUNCIL MEETING MINUTES
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Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 01-082, "A Resolution Revising the
City's Wage and Salary Range Char for 2002 and Setting the Monthly Employer Contribution
Toward the Monthly Insurance Premium for City Employees." Motion passed 4/0.
D. Authorizing the Transfer of Funds
Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 01-083, "A Resolution Authorizing
the Transfer of Funds." Motion passed 4/0.
E. Liquor Store Lease Recommendations
Finance Director Burton reviewed the status of the leases for each of the City's three liquor stores. She
noted negotiations with the leasing agents or owners had been ongoing for many months to obtain lease
renewals or extensions.
Zerby moved, Turgeon seconded, Approving the three Lease Renewals and Extensions and
Authorizing the Mayor and City Administrator to Enter Into Lease Contracts and Agreements,
subject to the review and approval of the City Attorney.
Mayor Love thanked Finance Director Burton for a job well done.
Motion passed 4/0.
8. ENGINEERlNG/PUBLIC WORKS
A.
Resolution Approving Contract Work Order #3 for State Trunk Highway 7 & 41
Reconstruction Project
Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 01-084, "A Resolution Approving
Contract Work Order #3 for State Trunk Highway 7 & 41 Reconstruction Project."
Councilmember Zerby and Mayor Love questioned various improvements still remaining in the project
area. Engineer Brown stated temporary signals and striping were in place currently and would be
remedied in the near future.
B. Resolution Approving Contract Change Order #2 for State Trunk Highway 7 & 41
Reconstruction Project
Engineer Brown noted this change order was for a decrease in the amount of $18,190 being requested for
services in this project.
Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 01-085, "A Resolution Approving
Change Order #2 for State Trunk Highway 7 & 41 Reconstruction Project." Motion passed 4/0.
C. Resolution Accepting Final Improvements for Trunk Highway 7 Access Closures
Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 01-086, "A Resolution Accepting
Final Improvements for Trunk Highway Access Closures." Motion passed 4/0.
9.
REPORTS
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December 10, 2001
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A.
Administrator & Staff
1. Gideon Glen
Administrator Dawson reported the Minnehaha Creek Watershed District would be taking action on
Thursday, December 13,2001, regarding future capital improvements for Gideon Glen.
2. County Road 19 Intersection
Engineer Brown reported a meeting was scheduled for Friday, December 14, 2001, with representatives
from Hennepin County, City Staff, and staff from the City of Tonka Bay to discuss the next steps in the
County Road 19 Intersection project.
3. Community Visioning Project
Administrator Dawson explained this project was underway with interviews being scheduled as part of
the process to gain resident input. In addition, a link had been established on the City's website. An
informational meeting regarding this project was scheduled for February 21, 2002, at the Southshore
Community Senior Center. He also noted the City of Excelsior would be participating in this project.
4. Public Safety Project
Administrator Dawson reported the cities of Excelsior and Greenwood had agreed to participate in
financing the Public Safety project on an ad valorem basis.
B. Mayor & City Council
Mayor Love stated he and Councilmember Lizee had agreed to take part in the Community Visioning
project as website participants. He noted the website link to the project welcomed informal input from
residents of other cities as well.
10. ADJOURN
Zerby moved, Turgeon seconded, adjourning the Regular City Council Meeting of December 10,
2001, at 9:56 P.M. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary