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061002 CC Reg Min ,. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 10,2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane, Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Garfunkel moved, Zerby seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes May 28, 2002 Lizee moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of May 28, 2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the Consent Agenda. Mr. Michael Hoy requested Item 3C be removed from the Consent Agenda for further clarification. Councilmember Turgeon requested Item 3E also be removed from the Consent Agenda for further discussion and consideration. Garfunkel moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Appeal Notice to Remove Appellant: Anna Williams Location: 5910 Galpin Lake Road C. Appeal Notice to Remove Appellant: Michael Hoy Location: 25480 Smithtown Road This item was removed from the Consent Agenda to become Item 7D for further clarification at the request of the applicant. CITY COUNCIL REGULAR MEETING MINUTES JUNE 10,2002 Page 2 of 13 . D. Adopting RESOLUTION NO. 02-048, "A Resolution Approving the Hennepin County Community Development Block Grant Program Joint Cooperation Agreement." E. Schedule Public Hearing Date for Disposition of Surplus Real Estate (This item was removed to Item 7E for further discussion and consideration.) Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PRESENTATIONS AND REPORTS A. Presentation of Service Award to Former Park Commissioner Dan Puzak Mayor Love presented a service award to Dan Puzak for his years of service on the Park Commission. He noted Mr. Puzak had served on this commission since 1995, always speaking his mind, and working to bring consensus to issues. Mayor Love also stated Mr. Puzak was instrumental in working to bring the Skate Park into being as well as various trail projects. He noted Mr. Puzak's talents and services would be greatly missed by the City and its residents. Mr. Puzak thanked the Council and all volunteers of Shorewood for participation in City activities. He . thanked the community for making Shorewood a special place to live. B. Wetland Assessment Report by 5th graders at Minnewashta Elementary School Lisa Numrich, a fifth grade teacher from Minnewashta Elementary School, stated she had been working with Kathy Timberg, a Scientist in Residence at the school, as part of receiving the Cynthia Krieg Memorial Grant for work on wetlands in the area. She stated the students had taken knowledge learned as part of the program and taught students from Clear Springs Elementary School about wetland areas. She explained four students, Sydney Eishens, Ari Koehnen, Max Miller, and Tyler Wilhelm, representing approximately 200 other fifth grade students, would provide a Power Point presentation to Council regarding wetland assessment techniques and findings. These students shared brochures made by the fifth grade students as well. Councilmember Lizee thanked Ms. Numrich and her students for the fabulous presentation, noting the program was in its seventh year and had been funded by the Minnehaha Creek Watershed District (MCWD). She stated it was wonderful to see what had been learned and what the kids could teach adults about water quality. She was impressed with how the students had worked with the students of Clear Springs Elementary School, located within the Riley-Purgatory-Bluff-Creek Watershed District. Mayor Love stated he knew of Minnewashta's fine reputation for this program and stated the work had been a model for the MCWD and what can be done when involving young people. He invited the Minnewashta students to participate in the Gideon Glen wetland restoration project with the City. He stated the students and faculty should be amazed and proud of themselves for their incredible presentation. . c. Presentation of the 2001 Comprehensive Annual Financial Report (CAFR) by Steve McDonald, CPA CITY COUNCIL REGULAR MEETING MINUTES JUNE 10, 2002 Page 3 of 13 . Steve McDonald, Certified Public Accountant with the City's auditing firm of Abdo, Eick, and Meyers, presented Finance Director Burton and the City with Certificate of Achievement for Excellence in Financial Reporting. He noted the City had received this prestigious award for the past seven or eight years in a row, and it was the highest form of recognition a municipality could receive for financial reporting. Finance Director Burton stated the City was proud to receive the award and thanked Council and Administrator Dawson for their unfailing commitment to high standards in financial reporting. Mr. McDonald explained the process utilized in auditing the City's Comprehensive Annual Financial Report (CAFR) for the Year 2001. He next provided an overview of the report and briefly reviewed funds with the report. He noted the General Fund revenues were greater than budgeted, while expenditures were slightly less than budgeted. Therefore, the General Fund balance was slightly over $2 million dollars. Also, the Water and Sewer Funds performed positively, while the Liquor Fund also experienced another positive year. Finance Director Burton stated additional detailed financial information was contained in the CAFR. Mayor Love thanked him for his report. Garfunkel moved, Lizee seconded, to accept the Comprehensive Annual Financial Report for the Year 2001. Motion passed 5/0. 6. PARKS . As there had not been a meeting of the Park Commission since the past Council meeting, there was nothing to report at this time. Engineer Brown noted the next Park Commission meeting would take place on June 11,2002, at Freeman Park beginning with a Park Tour at 6:30 P.M. 7. PLANNING A. Comprehensive Plan Amendment, Zoning District Amendment, Conditional Use Permits and Request for Vacation of Public Street Right-of-Way - Cub Foods Applicant: John Uban (on behalf of Shorewood Village Shopping Center) Location: 23680 State Highway 7 and 6095 Lake Linden Drive Mayor Love recognized Councilmember Garfunkel who stated he would recuse himself from this portion of the meeting to avoid a potential conflict of interest perceived due to his employer. Councilmember Garfunkelleft the room at 7:35 P.M. Mayor Love explained the process to be utilized in the review of this case. He noted Director Nielsen would give a brief staff report as there had already been a record created in this case. In addition, he encouraged from residents only new information to be shared and new comments not already part of the record. . Director Nielsen then briefly reviewed the history of the request and actions to be considered. He stated the developer had worked and reworked plans to comply with the City's Zoning requirements. He noted there were a number of issues, including drainage, traffic and circulation patterns, landscaping and buffering, hours of operation, and hardcover limitations, discussed throughout the planning process. Director Nielsen also stated the developer had satisfied plans to meet the Zoning Codes as unanimously recommended by the Planning Commission, noting the proposed underground pipe gallery freed up space that allowed the proposed parking be comply with City ordinances. He then briefly reviewed the landscaping and buffering for the site, as well as the concerns shared by the Minnesota Department of . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 10, 2002 Page 4 of 13 Transportation (MnDOT). He stated the Planning Commission had directed Staff to prepare the Findings of Fact for approval in this case, and those Findings had been presented this evening. He then reviewed Council's necessary participation in the planning process, explaining that should Council accept the Findings, the Metropolitan Council would review the case for metropolitan significance. In addition, the MCWD would also need to grant approval for the underground drainage proposed as part of the plans for the site. He also reviewed the components of the development agreement, noting the developer had agreed to construct and install a trail along Lake Linden Drive. Engineer Brown stated the underground detention facility would meet Shorewood's strict requirement to bring the stormwater drainage from the entire site into compliance with regard to phosphorus removal. He noted the proposed facility exceeded the standards for phosphorus removal in this case. In addition, he stated MnDOT had reviewed the proposed plans with regard to traffic flow in the area, and made recommendations changing the flow and circulation patterns on the site. The intersection of Highways 7 and 41 would continue to operate at a safe level with the addition of the proposed development plan. Dave Sellergren, a land use attorney for the applicant, stated the plans had changed in the past year due to the work of John Uban and his team of associates. He stated the process had been reviewed and followed and three principle contexts remained. He explained the proposed plans were believed to be consistent with the Comprehensive Plan set forth by the City. Also, the pending condemnation proceedings regarding land near the right-of-way area for the site were equivalent to the land being requested for addition. Furthermore, the recommendations of the Planning Commission were in line with the language found in the Comprehensive Plan. He requested Council review the Findings with these principles in mind. John Uban, planning consultant and landscape architect of Dahlgren, Shardlow, and Uban, reviewed the changes made to the plans in the past in effort to bring the plan into compliance with the City's Zoning regulations. He reviewed issues pertaining to traffic, building fac;ade, cart corrals, snow removal, stonnwater treatment, and adjustments to the landscape plans. In addition, Cathy Anderson, principal with KKE Architects, reviewed changes made to the proposed CUB Foods store, believing it be a great solution to tie the existing portion of the Center to the grocery store. Stan Taube, resident of Shorewood and owner/developer of the Shorewood Village Shopping Center, stated he appreciated the patience of all parties involved in this process as there had been many emotionally charged discussions and comments heard pertaining to the proposed project. He stated that City Staff had made it very clear there was a set of rules to be followed to fit within the City's standards. He stated residents had made feelings and beliefs obvious regarding bringing in a "Big Box" grocery store, and to combine those issues with traffic concerns had made this project full of difficult issues. He stated there was ohly so much that could be done overall, and he had tried to make. the project outstanding. He explained there would be four stores within a store in the proposed store layout. The proposed store had been downsized from 70,000 to 60,000 square feet, similar in size to the smallest Byerlys and Lunds stores, making it the smallest CUB Foods store within the Twin Cities area and also the most expensive. Mr. Taube stated the only issue remaining pertained to traffic. More important than dollars-and-cents was safety and lives. He stated the City was trying to control the situation as best as could be done and he had also added safety measures. He stated his own studies showed, with improvements to other local roadways within the vicinity as planned by the City, there would still be less traffic than today in spite of the addition of a CUB Foods store on site. He then reviewed alternatives available to him for this site. First, he explained CUB Foods, Inc., had already designated this area for a store. With the potential for a store going in across Highway 7, there would be no changes made to the traffic that would come through Shorewood to get to that store. He also stated he could remove more of the Center and place a CUB Foods store on site without any change to traffic patterns. Thirdly, he could demolish the entire Shopping Center and would not need to go through the numerous hurdles he had CITY COUNCIL REGULAR MEETING MINUTES JUNE 10,2002 Page 5 of 13 . chosen to go through with the proposed plans. He stated the land there would be developed and while he would not be able to rid the area of all traffic concerns, attempts were being made to minimize the impact to the local neighborhoods in the area. He stated as a developer there were always concerns with a project; however, he had never built a project he was not proud of, and this project was no exception. Mayor Love stated the Council wanted residents to feel heard and would like to hear any new insights regarding the project anyone might wish to share at this time, however, he encouraged brevity as there were many people wishing to address Council. Henry Miles, 24035 Mary Lake Trail, commented on the process being utilized in consideration of this project. He expressed concern for the perceived lack of involvement on behalf of the Council at the various meetings in the past regarding this matter. He also sated there were many issues appearing unresolved by the Planning Commission. In addition, he questioned whether this area was a good place to add more people as this was to be a major shopping center located on a dead end formed by Highway 41 intersecting Highway 7, and traffic would utilize Lake Linden Drive. He noted the statistics regarding traffic related to the proposed project to be illogical, and stated issues regarding litter, noise, lighting, and danger had not been addressed. He stated he was concerned people were committed to following an unsuccessful course of action with regard to the project. Dan Puzak, 23830 Smithtown Road, expressed concerns for any potential failures with the alum injection system as part of the underground drainage facility. Also, he stated he believed the traffic issue would be displaced to Smithtown Road as a result of the proposed project. He thought all parties were working to solve issues of concern, but questioned whether the project was too big for the area. . Denise Koehnen, 6095 Lake Linden Drive, stated she was quite concerned about traffic in that area and was glad to see trail action being taken. She stated any new development on the site would increase traffic, and people had moved into that area knowing they were near commercial property. With this in mind, she thought the proposed project was a good option. Kevin Burns, 6070 Lake Linden Drive, stated he had recently moved into his house and had severely underestimated the amount of traffic on Lake Linden Drive. He stated he had 3 children between the ages of 2 and 11 years old, and he was not for the project. He was not against a CUB Foods store; however, he was concerned of the potential for severe accidents based on traffic issues. He stated he would like to see some sort of barrier material placed between traffic on Lake Linden Drive and the pedestrian trail, with placement of the trail on the side of Lake Linden Drive with the most children, as it was important to keep children and traffic separate. Todd Boynton, 6155 Riviera, stated if this store were to be the most expensive, it would need to be supported by consumer traffic. He questioned the accuracy of the traffic studies. . Victoria Blaylock-Schmidt, 24295 Yellowstone Trail, stated she was concerned for traffic and a trail would help, but would not alleviate the problem of getting in and out of her driveway on a daily basis. She stated there were rude people in the area as a result of the traffic, and any additional cars would be too many for the roadway. She did not understand how additional traffic would result in an overall decrease, and she questioned whether traffic studies had been conducted on the weekend. She thought the area needed a small neighborhood grocery store with small grocery store amenities. She stated there would be convenience in an inconvenient store. She questioned whether a CUB Foods store was necessary in this area, and suggested the plans for the store be moved further to the west of the municipal borders. CITY COUNCIL REGULAR MEETING MINUTES JUNE 10,2002 Page 6 of 13 . Roger Nystande, 6085 Lake Linden Drive, stated he had lived in Shorewood since 1965. He believed the traffic issues had been ignored by the Planning Commission. He commented he could watch the traffic on weekends increase in the area currently. He stated it was tough to fight CUB Foods, and he had considered moving from the area; however, now he believed it important to make sure promises were kept by the developer regarding the landscaping in the area. He stated he would like to see Driskill's remain at the current location. Mayor Love stated he appreciated comments made this evening, and he had heard a number of questions that would attempt to be answered this evening. He closed the Public Testimony portion of the meeting at 8:45 P.M. Mayor Love questioned Engineer Brown about the guarantees made to the City regarding maintenance of the alum injection system as part of the underground stormwater storage facility. Engineer Brown explained Aeration Industries, a leading expert on these systems, had been retained as part of the development plan and would certify a monthly report by a registered professional engineer to the City regarding the maintenance of the system. In the event there was a system failure, a silent paging system was to be installed with an autodialer so that help could be summoned. Attorney Keane commented these issues would be enforceable over time and language would be crafted within the development agreement that would to the greatest extent possible ensure those maintenance efforts take place. He noted the efforts were only as good as the ongoing property owner, and an event of failure would be considered an event of default regarding the development agreement. He stated development agreements would go with the land and any future owner would need to be aware of the development agreement in this matter. . Mayor Love then questioned whether traffic counts had been conducted on weekends. Fred Dock, traffic engineer for the applicant, responded affirmatively, noting volume impacts had been conducted for twenty-four hours a day, seven days a week. He stated most recently, MnDOT had reviewed the weekday volumes, as it would impact Highway 7. Mayor Love questioned why the exterior pedestrian walkway was not enclosed. Cathy Anderson explained the trend in the industry was to provide more open-air meeting spaces for people shopping in retail atmosphere. Mayor Love stated his concern for the seasonal elements and if indeed this was to be a community center of activity, he believed the open walkway would take away from the convenience of the shopping experience. With regard to the trail along Lake Linden Drive, Councilmember Turgeon questioned the separation methods to be utilized between roadway and trail and Councilmember Zerby questioned which side of the roadway the trail would be located. Engineer Brown stated there were many options that existed regarding separating pedestrians from traffic on a trail, such as chain and bollards, shrubbery, walls, etc. He stated the matter was still under consideration; however, topography constraints could be found on the east side of Lake Linden Drive, and the west side seemed more practical, especially since it might address some drainage concerns as part ofthe process. Councilmember Lizee stated it was her recollection the residents taking part in the neighborhood trail walk in March of this year had expressed preference for location of a trail on the west side of Lake Linden Drive. She also questioned whether any precedents had been set for developers building trails offsite. Attorney Keane stated offsite mitigation measures were customary with larger, intensive development . projects. . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 10,2002 Page 7 of 13 Councilmember Lizee also questioned whether there would be any outdoor seasonal sale items on the site. Mary McGlinch, of Supervalu, stated there might be limited seasonal sales, such as flowers, that could only take place on the sidewalk in front of the store, as the parking area was quite tight. She also explained, in response to Councilmember Lizee's question, CUB Foods, Inc., was currently in negotiations with Bayside Bank to bring the bank into the store. Councilmember Turgeon stated she had been part of the discussions for the past two years regarding this project and had heard many suggestions by residents regarding traffic on Lake Linden Drive. She stated Engineer Brown had addressed each one at the recent Planning Commission meetings and had explained the Minnesota State Aid "undesignation" process. She stated residents had tried to come up with ways to reduce traffic in the area; unfortunately, the City did not have jurisdiction over the roadway. Councilmember Zerby stated he, too, had been involved with the project a great deal of time, and had heard traffic was the single biggest issue not only with this project, but with all parts of the City. He stated the site was a commercial site, and as such, Council had no decision-making power as to the amenities included within the store. He stated the Council had examined the issues from the perspective of examining all alternatives and options. He stated he saw this matter as a long-fought battle with the City having caused successful changes. He stated he thought it was the best the developer could come up with for the criteria the City had in its regulations. Mayor Love stated he also had been part of the process, and while he had not attended all meetings, he had been able to sit anonymously in the crowd during some of the meetings of the Planning Commission. He stated he had been impressed and concerned at what he had heard. He stated he was concerned the initial team of presenters for the applicant had expectations regarding what the City would need to do to accommodate their plans. Secondly, he stated he was concerned with comments heard regarding why people had to listen to this, as CUB Foods was not wanted in the City. He explained our nation's founding documents provided rights to all to develop, listen, and work with the process. He noted the process in this case to be wearing on the community residents and leaders. He noted the store was still a big store; however, Driskill's was not economically viable at that location. He stated CUB Foods, Inc., was not the issue in and of itself. He stated traffic was a big concern, and he could foresee the site being redeveloped and it was a reality the developer would want success, which would bring traffic to that area. He stated he believed enforcement would need to be increased in the area. He appreciated the civility of all parties involved in the process, and stated residents had been heard. He stated the responsibility of the Council was to hear matters oflaw through the City's ordinances and provide a basis for regulating use. Councilmember Turgeon stated the Planning Commission had spent endless hours and debated heavily the question whether this application complied with the Comprehensive Plan and its ordinance criteria. She stated the Planning Commission's recommendation identified eight areas of the Comprehensive Plan where criteria had been met. She stated the Planning Commission was an unpaid, thankless job. In addition, decisions were made, not on emotions, but on the context of the ordinances and the Comprehensive Plan the City had adopted for use. Lizee moved, Turgeon seconded, Directing Staff to Prepare Findings of Fact for Approval of a Comprehensive Plan Amendment, Zoning District Amendment, and Conditional Use Permits, subject to Metropolitan Council Review, and Minnehaha Creek Watershed Review and Approval, prior to July 8, 2002, and a Public Hearing Scheduled for July 8, 2002, to hear a Request for Vacation of Public Street Right-of-Way, for John Uban, on behalf of the Shorewood Village Shopping Center, 23680 State Highway 7 and 6095 Lake Linden Drive. Staff was also directed to prepare an Ordinance Amendment for rezoning and of the vacation of the Public Street Right-of- Way for this case as well. Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES JUNE 10, 2002 Page 8 of 13 . Mayor Love recessed the meeting at 9:17 P.M. and reconvened the meeting at 9:33 P.M. B. Setback Variance Applicant: Location: James Quandt 22425 Murray Street Director Nielsen explained the applicant had requested a variance to build a second-story addition onto his house at 22425 Murray Street. He further explained the existing house and garage encroached into the required rear yard setback area of the lot. In addition to this encroachment, Director Nielsen cited several aspects of the Zoning Code in which the subject property failed to be compliant. He noted the lot to have inadequate lot width, as it was a "flag lot." Also, an accessory building straddled the west property line; the driveway access to the garage encroached onto the neighboring property, and the impervious surface was in excess of 33 percent for the lot. Director Nielsen also explained the topography of the lot demonstrated the house perched on top of a prominent hill, with the site dropping away in all directions. He also noted the applicant owned the property immediately west of the subject site. . The existing house contained approximately 1280 square feet of area, and the applicant proposed adding a second story of equal area, necessitating a rear yard setback variance of nine feet. He explained that although there was room to expand the house within the buildable area of the lot, hardcover restrictions prevented outward expansion. Despite the driveway serving the property being substantially off of the site, hardcover occupied 45 percent of the lot. He also stated the Zoning Code allowed that where setback deficiencies existed the required setback could be made up on the other side. Since the existing buildings encroached 37 feet into the rear yard, a restriction could be established restricting construction in the northerly 37 feet of the wide portion of the lot. He also recommended the applicant be required to provide a conservation easement over this portion of the lot, where topography proved difficult for construction. Furthermore, Director Nielsen explained, hardcover should be reduced on the site wherever possible. To that end, he noted two opportunities for reduction. One such area was the gravel area north of the bituminous pad and another, the accessory building in the southwest corner of the site. It was not recommended that the bituminous pad be removed as it provided a turnaround at the top of the steep driveway to the property. He also suggested the applicant could subdivide 30 feet from the rear of his vacant land to the west and combine it with the homestead property. By adding land to the site, the percentage of hardcover would be reduced and a problem for any future owner of the lot to the west would be eliminated. Director Nielsen stated the Planning Commission had noted the proposed deck work around the house would exceed the hardcover to be removed. As a result, the Commission had recommended approval of the setback variance with the stipulations recommended by Director Nielsen. James Quandt, the owner of the property, stated he had been a resident of Shorewood since last August, and he was excited to work with the community and this unique piece of property. He stated to build a second story addition seemed the most logical option for his case and he had virtually unanimous support from neighbors. He stated he believed this solution to be the most reasonable, least restrictive, and least problematic with regard to the City's ordinances. . Zerby moved, Lizee seconded, Directing Staff to Prepare Findings of Fact for Approval of a Setback Variance, subject to staff recommendations, for James Quandt, 22425 Murray Street. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES JUNE 10,2002 Page 9 of 13 . c. Setback Variance Applicant: Location: Mark and Kathy Simanek 25625 Wild Rose Lane Director Nielsen explained the applicants had requested an after-the-fact setback variance for a covered porch added to the northeast comer of their home on a comer lot at 25625 Wild Rose Lane. He explained the porch was built without a building permit, and the existing house was nonconforming with respect to the side yard setback as it was only one foot from the right-of-way for Eureka Road, whereas 35 feet was required. Further, the house was only 16.5 feet from the traveled surface of the street. The porch measured 4' x 12', not including the stairway. In addition, he explained the Planning Commission had voted to recommend allowing the porch to remain as constructed. Councilmember Turgeon stated she had questioned the Commission as to whether it would have voted for recommendation of the setback variance had the porch not been built. The Commissioners responded affirmatively. Mark Simanek, owner of the property, stated he was humbled by the service provided by the volunteers within the City, and he apologized for the lack of a building permit. He also stated he believed he met the three criteria in the City's ordinance for a variance. He stated the porch would not extend closer to Eureka Road, but would extend to Wild Rose Lane, where the distance from the roadway was not an issue. He commented the porch seemed to fit the house and finish the exterior of the home. Zerby moved, Turgeon seconded, Directing Staff to Prepare Findings of Fact for Approval of a Setback Variance for Mark and Kathy Simanek, 25625 Wild Rose Lane. Motion passed 5/0. D. Appeal Notice to Remove Appellant: Michael Roy Location: 25480 Smithtown Road . Director Nielsen stated Mr. Hoy had been requested to remove a number of items from his property, and while progress had been made in removing a number of items, a school bus parked on the property remained. Mr. Roy stated he was required to secure a Recreational Vehicle license for the school bus which he intended to convert for his personal use. He stated other issues had been remedied on the site, but he required additional time to comply with the licensing request. Director Nielsen stated the bus would need to be parked in the buildable portion of the lot, most likely behind the house. Mr. Hoy stated he understood where he could park his vehicle on the lot, and thanked the City for working with him. Zerby moved, Lizee seconded, Extending the Notice to Remove until June 25, 2002, for Michael Roy, 25480 Smithtown Road. Motion passed 5/0. E. Schedule Public Rearing Date for Disposition of Surplus Real Estate . Director Nielsen explained several years ago the City purchased a triangle of land at the end of Church Road for purposes of building a cul-de-sac turn-around. It was determined at that time the excess land could be sold to whomever might develop the property lying between Church Road and Strawberry Lane for the amount of two units of the original assessments for the Church Road project. He further explained the City had previously allowed prospective developers to include the City-owned property into plat proposals. Mr. John Pastuck had purchased the property to the east of Church Road and requested the City sell him the remnant Church Road property. CITY COUNCIL REGULAR MEETING MINUTES JUNE 10,2002 Page 10 of 13 . Councilmember Zerby stated the City had previously purchased property to retain green space within the City. He questioned whether the sale of this property might be at cross-purposes with those intentions. Director Nielsen explained the City had paid for this property out of the General Fund and the intent behind the sale of the property would be to recoup those costs. Councilmember Zerby stated he had heard residents requesting retention of green space within the City, and perhaps this would be heard at Public Hearing on the matter. Zerby moved, Turgeon seconded, Recommending July 8, 2002, as a Public Hearing date for Disposition of Surplus Real Estate, with notification of the Public Hearing to be mailed to all residents within 500 feet. Mayor Love stated he thought the question was valid and would be addressed at that Hearing. Councilmember Zerby stated it was an excellent opportunity for residents to be heard regarding the retention of green space within the City. Motion passed 5/0. 8. GENERAL A. Request from Mr. Dennis Jabs regarding Radisson Road . Engineer Brown stated Mr. Jabs wished to address Council regarding opportunities to decrease traffic on Radisson Road. Engineer Brown explained Mr. Jabs had experienced a number of incidents on Radisson Road as it had a number of safety concerns and significant hazards. He noted Mr. Jab's property was situated on Radisson Road, which paralleled an arterial roadway (Highway 7), and would prove to be considered an alternate route by numerous drivers whenever Highway 7 service was disrupted. He also stated there were a number of residents in that area that believed access was an important issue. Dennis Jabs, 20915 Radisson Road, stated he had resided at that location for 17 years, and he was asking the Council to put resources toward improving Radisson Road in its entirety. He referenced a letter he had written to the City in May 2001, to which he stated he had received no response. He stated the purpose of that past letter was to try to head off problems for this year to no avail. He stated his property abutted the roadway, and the roadway was only 12 feet wide. He stated he had been unable to use his attached garage due to a blind entrance. He stated the roadway was dangerous as it was nonconforming and not substantial in width. He also stated he would be happy to help or sit in on any discussions on that roadway. He stated there had been significant increases in traffic over the years and that was why he was here now. Engineer Brown stated he agreed the roadway was substandard; however, to improve the roadway would encourage increased speed. Councilmember Zerby suggested a neighborhood walk of the roadway to gather residents' comments. Councilmember Lizee agreed and questioned whether Mr. Jabs had attempted to work with other residents and neighbors to help control the traffic. Mr. Jabs stated most traffic was not from the neighborhood, but from many different drivers attempting to use the roadway as an alternative route. He stated he thought the City should reexamine the location of the right-of-way along the road and consider widening it. In addition, he suggested other measures in effort to make it more circuitous to various streets in the area. . . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 10, 2002 Page 11 of 13 Mayor Love stated he would endorse the idea of walking the roadway to gather residents comments; however, the solutions would be complex. Council agreed. In addition, Mayor Love suggested a traffic awareness detail be established on the roadway by the South Lake Minnetonka Police Department. B. Ordinance Amendment Relating to Sale of Fireworks Administrator Dawson explained the Minnesota legislature enacted an amendment to state Statutes removing a category of non-aerial, non-explosive fireworks from its definition of prohibited fireworks. He also explained the City Attorney had reviewed the potential amendments related to the sale and use of fireworks, noted the ordinance amendments were for licensed indoor non-transient facilities with monthly inspections to be reviewed by the Fire Marshal. Council questioned and clarified various aspects of the amendment, with Mayor Love noting the restrictions for sale appeared stringent. Zerby moved, Garfunkel seconded, Approving ORDINANCE NO. 386, "An Ordinance Amending Chapter 300 of the Shorewood City Code, Establishing Regulations for Fireworks Dealer's License Fees and the Sale of Permitted Consumer Fireworks." Zerby moved, Garfunkel seconded, Approving ORDINANCE NO. 387. "An Ordinance Amending Chapter 603 of the Shorewood City Code Relating to Offenses Involving Public Health and Safety." Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 02-049. "A Resolution Setting License, permit and Service charges and Miscellaneous Fees for Fireworks Dealer LicenselPermit." Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 02-050, "A Resolution Approving Publication of Ordinance NO. 386 by Title and Summary." All motions passed 4/0/1, with Lizee abstaining. C. Request for No Parking Signs - Gideon Woods Townhome Association Nancy Clegg, speaking on behalf of the Gideon Wood Townhome Association, stated she was concerned for the number of vehicles parking and loitering at the corner of Glen Road and County Road 19. She requested "No Parking" signs be placed on both sides of Glen Road to alleviate this problem. Councilmember Turgeon stated she thought posting signs prohibiting parking would only push the problem elsewhere in the vicinity. She agreed the corner could be improved aesthetically and noted the Townhome Association agreed to work in conjunction with the County Road 19 project to improve the corner. Engineer Brown stated there were three options available at this time. The area could be left as it was currently, or No Parking signs could be posted with additional black dirt and grass seed, or thirdly, the area could be paved which would give the indication parking was allowed there. He noted service vehicles frequently sought refuge there from the traffic on County Road 19, and stated it would difficult to designate the area as No Parking as there was a balance to be struck between aesthetics and safety. He further commented nothing obligated the City to provide parking in the utility box area, but people would seek refuge from the traffic elsewhere in the nearby vicinity. Ms. Clegg requested at least one sign be placed in that area. Councilmember Garfunkel stated the issue of people parking near our homes was something everyone had to deal with, and he questioned whether she . . . " CITY COUNCIL REGULAR MEETING MINUTES JUNE 10,2002 Page 12 of 13 thought the matter was a safety or aesthetic issue. Ms. Clegg responded both issues were representative of the situation. Director Nielsen questioned whether 30' sight lines could be maintained at that corner. Council agreed the matter needed clarification regarding the sight lines and asked Director Nielsen to research the sight line issues and report back to Council. D. Approving Commitment to Financing for Public Safety Facilities Administrator Dawson explained on May 22, 2002, the Boards of the Excelsior Fire District (EFD) and South Lake Minnetonka Police Department (SLMPD) considered comments from the discussions of their city councils regarding new public safety facilities. Several suggestions were made to identify potential cost reductions; however, the majority on each of the councils concurred with the recommendation of the Boards that the proposed facilities were acceptable as the maximum to be planned, and that all reasonable efforts would continue to be pursued to reduce the anticipated cost. He further explained a resolution had been prepared for consideration stated that $5,245,000 was the maximum cost for the SLMPD and $7,120,000 was to be the maximum for the EFD stations. Administrator Dawson explained the project timeline as being deliberately lengthy for the proposed project, and noted the Chiefs of the EFD and SLMPD were in attendance this evening. EFD Chief Mark DuCharme reported the Excelsior City Council had favorably responded to the proposed resolution, and other member cities would be considering the resolution in the next two days as action was required by June 14, 2002, if groundbreaking were to occur this year. Councilmember Lizee stated she was frustrated with the lengthy deliberate process as there were competent people appointed representative of Boardmembers to handle concerns regarding the project. Lizee moved, Garfunkel seconded, Adopting RESOLUTION NO. 02-051, "A Resolution Supporting the Construction of Facilities for the Excelsior Fire District and the South Lake Minnetonka Police Department." Councilmember Turgeon clarified a number of issues regarding architectural fees, and noted she was concerned Council did not follow through on making residents aware of the cost and impact to the City for the proposed facility. Councilmember Zerby stated he fully supported the project and proposals, but was concerned the schedule would become rushed and details would be overlooked. Councilmember Garfunkel stated he believed the details should be left to the governing boards and design committees, as that was their role and purpose in the project. Motion passed 5/0. E. Commitment to Financing for Mound Fire Station At its May 28, 2002, Regular City Council Meeting the City Council had heard a presentation regarding plans for a new fire station in the City of Mound. By contract, the Mound Fire Department provided fire and rescue services for the residents on Enchanted, Shady, and Spray Islands in Shorewood. The City of Shorewood had historically paid one to two percent of the Mound Fire Department budget. Lease revenue financing was planned for a new, combined fire and police facility. Shorewood's estimated cost would be $5,400 annually over the course of the 20-year financing planned for the facility. ..... . .. . . . CITY COUNCIL REGULAR MEETING MINUTES JUNE 10, 2002 Page 13 of 13 Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 02-051, "A Resolution Committing to Financing for Public Safety Facility in Mound, Minnesota." Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS A. Approve Plans and Specifications and Authorize Advertisement for Bids for Freeman Park Parking Lot/South Access Closure Engineer Brown explained City Staff had been working with MnDot on a Cooperative Agreement Project involving the access closure and parking lot improvements for the south entrance of Freeman Park. Plans had been prepared by WSB and Associates, fuc., and had been submitted and approved by MnDOT for bidding. Engineer Brown then detailed the history of the process regarding this project. He noted an alternative existed to satisfy the concerns of local residents with regard to that closure. Engineer Brown stated the construction cost was estimated at approximately $168,000 with compensation in part expected from MnDOT. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 02-052, "A Resolution Approving Plans, Specifications and Estimates And Authorizing Advertisement for Bids for the Freeman Park Driveway Closure, Parking Lot Improvement, and Appurtenant Work for City Project 00-04." Motion passed 5/0. 10. REPORTS A. Administrator & Staff 1. 2. Gideon Glen County Road 19 Intersection Administrator Dawson stated both projects were intertwined at this point, and Staff level meetings continued regarding efforts to move forward in the projects. B. Mayor & City Council There was nothing additional to report at this time. 11. ADJOURN Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting of June 10, 2002, at 11:17 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary