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070802 CC Reg Min .. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 8, 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 7:03 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 Mayor Love reviewed the Agenda. Director Nielsen requested Item 6D be moved to the July 22, 2002, Regular City Council meeting agenda. Zerby moved, Lizee seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of June 24, 2002 Garfunkel moved, Turgeon seconded, Adopting the City Council Regular Meeting Minutes of June 24, 2002. Motion passed 5/0. B. City Council Work Session Minutes of June 24, 2002 Turgeon moved, Zerby seconded, Adopting the City Council Work Session of June 24, 2002. Motion passed 5/0. 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. Approval of the 2003 Budget of the Lake Minnetonka Conservation District Motion passed 5/0. 4. MATTERS FROM THE FLOOR There was no one present wishing to speak on matters from the floor. . . . CITY COUNCIL REGULAR MEETING MINUTES July 8,2002 Page 2 of 10 5. PARKS Engineer Brown stated there had not been a meeting of the Park Commission since the most recent Council meeting. The next meeting of the Park Commission would be on July 9, 2002. 6. PLANNING Commissioner White stated there had not been a meeting of the Planning Commission since the most recent Council meeting; however, she would be available for comment on matters being addressed this evening as part of the Agenda. As it was not yet 7: 15 P.M., Council agreed to proceed to Item 6E, and upon the correct time, return to Item 6A. A. 7:15 p.m. - Public Hearing for Disposition of Surplus Real Estate - Church Road Mayor Love opened the Public Hearing at 7: 15 P.M., noting the procedures utilized in this Hearing. Director Nielsen explained the Public Hearing was being held to consider the disposition of excess land acquired by the City for the construction of the Church Road cul-de-sac. Staff had been directed to have the land value revised by the Assessor and also to analyze the land for use as conservation open space. As a result, the assessor had designated the land value at approximately $50,000 to $60,000. Also, given the constraints of the location of the lot, the advantages to retaining it under City ownership for open space was considered minimal. Director Nielsen encouraged Council to consider the possibilities for the land, including the option to sell it and purchase conservation easements adjoining more meaningful open space areas. He noted Mr. Pastuck, the adjoining property owner, was interested in obtaining and developing the property, and was in attendance this evening. Mr. John Pastuck, 20345 Excelsior Boulevard, believed the amount of $27,787, representing the amount of two Church Road project assessments, to be more palatable for purchase of the parcel. He stated he would like to develop the parcel into four lots and provide green space in the middle of the lots and connect this site to the trail in the area. Simon Lewis, 6130 Church Road, stated he would like to see the woodland area retained near the trail. Mark Morford, 6150 Church Road, questioned what had happened with the previous plans for this property, as he had known the project under a different plan. He also questioned whether this property could be sold through a public bidding process rather than just selling it to the developer. He also questioned whether the cul-de-sac in that area would be come a through road. Director Nielsen explained there were no plans for removing the cul-de-sac in that area. Mr. Morford also stated, should the City decide to sell the property, he would like to be notified as he and other neighbors could potentially be interested in purchasing the property as well. Susie Lenzin, 6170 Church Road, stated she was concerned for the lack of notification of plans for the property . Mayor Love closed the Public Testimony portion of the Public Hearing at 7 :35 P.M. CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 3 of 10 . Councilmember Garfunkel expressed concern for discussing the sale of public property without notification to the public of the intent to sell the land. Mayor Love agreed, noting if Council decided to sell the property, public notification should be given thereby allowing all interested parties to participate in the sale. Councilmember Garfunkel also stated he did not see a public need for the property. Councilmember Zerby commented he had hoped to see residents expressing an interest in retaining open space in the City, and this Public Hearing seemed to provide that opportunity. He also stated he believed use of a bidding process to be an acceptable way to sell the land. Councilmember Lizee agreed, commenting an appropriate value needed to be placed on the land if it was to be sold. Lizee moved, Zerby seconded, Directing Staff to order an appraisal of the property and return the matter to the Council for process of putting the property up for sale. Motion passed 5/0. B. 7:30 p.m. - Public Hearing for consideration of request to vacate right-of-way - Maple Street Noting the next two items (6B and 6C) on the Agenda were related, Councilmember Garfunkel recused himself from taking part in any discussion or action regarding these matters in order to avoid any potential conflict of interest. He left the Council Chambers at 7:38 P.M. . Director Nielsen explained the request from the owner of the Shorewood Village Shopping Center to redevelop the property at that location had also included the request to vacate a portion of Maple Street. This portion of the roadway was being vacated to construct a turnaround area for emergency vehicle access and was agreed upon as a condition of this request. Roger Nystande, 6080 Lake Linden Drive, stated he had been a Shorewood resident for the past 36 years. He questioned whether the City maintained Maple Street currently, and if so, would the City continue to maintain it after the redevelopment of the Shopping Center took place. Engineer Brown, responded the City currently maintained the street and would be maintaining the roadway to current levels after the project took place. Mr. Nystande also stated he was extremely disappointed in how the City Council had voted on the Cub proposal on June 10, as he believed the residents' wishes had not been represented. He also stated he believed the reports shared as part of the planning for this project to be inaccurate. Seeing no persons wishing to further comment on this issue at this time, Mayor Love stated the Hearing would remain open for additional comment after review of the next item on the Agenda. C. Comprehensive Plan Amendment, Zoning District Amendment, Conditional Use Permits, and Final Plat - Shorewood Village Shopping Center Administrator Dawson explained the owner of the property at and around the Shorewood Village Shopping Center, together with CUB Foods, had proposed a 60,000 square-foot CUB Foods Store onto the west end of the existing shopping center. As such, this proposal provided part of the existing Driskill's grocery store would be removed, as would the building that housed Bayside Bank. . He further explained the scope of the City's consideration was limited. He stated the Council must determine whether the project was consistent with the Comprehensive Plan, and whether the project met the City's development regulations, including sufficient measures for any off-site impacts. Administrator Dawson next reviewed the history of the planning process in this matter to current day. He stated the CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 4 of 10 . Council could not intervene in the workings of the private marketplace to determine location of this proposal, nor consider the survival of a grocery store at this location. He stated the Council needed to consider the land use regulations and development standards involving an additional 60,000 square-foot retail development at this location, and the legal scope of the matter was whether there was consistency with the City's Comprehensive Plan at this shopping center. Mayor Love stated he had received numerous emails on this matter and entered letters from Mr. and Mrs. Alfred E. Lounsbury, 25990 Birch Bluff Road, and Ernie Brosch, Mary Lou Brosch, and Jennifer LaMora, 5860 Glencoe Road, into the record. Director Nielsen explained the proposed resolution included a development agreement for the proposed project. He briefly reviewed points of interest and clarified matters within the development agreement for the Council. Mayor Love stated he had received a letter from Mr. Austin Kraft referencing a petition before the Environmental Quality Board (EQB) regarding this development project. Attorney Keane stated he had contacted the EQB offices this afternoon, noting a petition could not be found on file for the Shorewood Village Shopping Center. He then reviewed the process that would be followed as part of this petitioned request of the EQB, noting the rules surrounding such a petition would obligate a period of time for determination of any adverse environmental effects. Austin Kraft, 6125 Rampart Court, explained he had submitted this letter of petition to the City, Mr. Taube, Supervalu, Inc., and the EQB. He stated he had sent the letter through certified mail, but had not yet received receipt of the letter from the EQB. . Mayor Love encouraged Council to be mindful of the letter, noting actions could be conditioned if desired regarding this project. Councilmember Lizee questioned whether it would be necessary to request the applicant to consider waiving the statutory time limitations on the City regarding the planning process. Mayor Love explained there were options available for consideration in this matter, noting actions could be taken without needing to extend the deadline or could be conditioned on various issues of resolution. He further stated this was not a public hearing, noting a vast public record had been built in hearing residents comments regarding this matter; however, the Council would welcome any additional comments not yet heard. He reminded residents the Council was limited by the scope of the Comprehensive Plan and its subsequent ordinances. There were no further comments by residents at this time on this matter. Councilmember Turgeon questioned the mandatory criteria of the Environment Quality Board regarding preparation of an Environmental Assessment worksheet (EA W). Attorney Keane reviewed the minimum thresholds for certain types of development. He then reviewed the various types of development cited and explained the petition process, noting the Council would consider if the potential existed for significant adverse environmental impacts and if so, could then require an EA W be prepared on the matter. . Councilmember Zerby questioned the amount of money to be fined should infractions of matters within the development agreement occur as part of this project. Discussion ensued regarding the appropriate amounts of financial reparation for infractions of the conditions of the agreement. Director Nielsen stated a certificate of occupancy would not be issued until all fines were paid, and aspects of the development agreement met. He also stated noted many infractions of the development agreement were to be reported to the South Lake Minnetonka Police Department. . . . CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 5 of 10 Turgeon moved, Adopting RESOLUTION NO. 02-059, "A Resolution Approving a Comprehensive Plan Amendment, Conditional Use Permits, Site Plan, Preliminary and Final Plat for the Redevelopment of the Shorewood Village Shopping Center," subject to notification from the Minnesota Environmental Quality Board that a valid petition requesting consideration of an Environmental Assessment Worksheet (EA W) had been received by July 8, 2002, and if such a petition had been submitted on a timely basis, these matters requiring actions of the Council related to the "CUB proposal" would be continued to July 22, 2002. Further these matters would be continued only if the applicant authorized an extension of time for Council action regarding the "60-day rule" until July 22, 2002. Dave Sellergren, Attorney for the owner of the Shorewood Village Shopping Center, stated his client was in agreement with waiving the 60-day review period for this request. Councilmember Lizee seconded the motion. Councilmember Turgeon stated $500 seemed reasonable for the amount of the fine for any infraction of the hours-of-operation and hours-of-construction ordinances. She explained it would be difficult to impose these same fines on a smaller development and was concerned for setting a difficult precedent in this case. Councilmember Lizee agreed. Councilmember Zerby stated he believed the fine for any infraction of the ordinance regarding hours of operation should be $1000. Mayor Love agreed, noting it was important to have high standards for conduct, and it was also important to provide clear direction of intent to enforce these issues. Attorney Keane noted this issue could be discussed and resolved through the ordinance amendment process. Attorney Sellergren reported his client, Mr. Taube, would be agreeable to further changes to the text in the development agreement, but would like to retain a deposit made as part of the acquisition process regarding the land acquired for right-of-way near the site in the Highway 7 and 41 intersection project. Mr. Taube stated he had paid over $300,000 for the property acquired as part of this development project, and been compensated $78,000 for his property acquired by the City through the "quick take" process of right-of-way acquisition. He stated he was simply requesting he be allowed to retain that amount of money he believed was rightly his for the actions of the City in the acquisition process. Attorney Keane reviewed the history of the condemnation proceedings regarding this project. He then suggested two Councilmembers, Engineer Brown, Planning Director Nielsen, and the developer negotiate this matter and report back on that process at the next Regular City Council meeting. With the consent of the maker and seconder of the motion, the motion was amended to include $500 daily penalties in Sections 24 and 33 of the development agreement as well as a negotiating session comprised of two Councilmembers, Engineer Brown, Planning Director Nielsen, and the developer regarding the deposit received for land acquired through the condemnation proceedings on the site. This amendment also included a report on this matter of negotiation at the July 22, 2002, Regular City Council Meeting. Attorney Keane explained the developer's obligations, obligations of the development project, as well as the duties of the City's engineering department in this matter. Mayor Love commented the wording in the development agreement was very exacting regarding various obligations and infractions of specifications within the development agreement. . . . CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 6 of 10 Councilmember Lizee stated this proposal had involved a thorough discussion of land use issues by the Planning Commission and Council. She commended the Planning Commission for its lengthy dedication through the past years as well as explanations to the community for required actions taken in this case. She also stated she was a Shorewood resident and as such, held a vested stake in this issue similar to all area residents. She further explained as a Councilmember she was obligated to respect and uphold the City's Comprehensive Plan and ordinances. At its core, she explained, the role of the Council was to review pertinent regulations, compare those regulations to the proposal set forth by the developer, and determine an appropriate course of action for the community based on the parameters of the governing regulations. She stated the City had worked tirelessly to do so, and she believed parameters had been met in this case. Motion passed 4/0/1, with the recusal of Councilmember Garfunkel. Director Nielsen explained action was also required for an ordinance amending a section of the Zoning Code regarding the rezoning and designation of the residential property at the site of the proposed development project from R-1A, Single Family Residential, to C-3, General Commercial. Zerby moved, Turgeon seconded, Adopting ORDINANCE NO. 388, "An Ordinance Amending Section 1201. 09, Subdivision 2. of the Shorewood Zoning Code -The Shorewood Zoning Map," subject to notification from the Minnesota Environmental Quality Board that a valid petition requesting consideration of an Environmental Assessment Worksheet (EA W) had been received by July 8, 2002, and if such a petition had been submitted on a timely basis, these matters requiring actions of the Council related to the "CUB proposal" would be continued to July 22, 2002. Further these matters would be continued only if the applicant authorized an extension of time for Council action regarding the "60-day rule" until July 22, 2002. Motion passed 4/0/1, with the recusal of Councilmember Garfunkel. Seeing no one present wishing to comment further on the matter regarding vacation of a portion of the Public Right-of-way of Maple Street, Mayor Love closed the Public Hearing at 8:58 P.M. Item 6B: Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 02-060, "A Resolution Vacating a Portion of the Public Right-of-way of Maple Street," subject to notification from the Minnesota Environmental Quality Board that a valid petition requesting consideration of an Environmental Assessment Worksheet (EA W) had been received by July 8, 2002, and if such a petition had been submitted on a timely basis, these matters requiring actions of the Council related to the "CUB proposal" would be continued to July 22, 2002. Further these matters would be continued only if the applicant authorized an extension of time for Council action regarding the "60-day rule" until .July 22,2002. Motion passed 4/0/1, with the recusal of Councilmember Garfunkel. Mayor Love recessed the meeting at 8:57 P.M., noting upon reconvening the meeting Council would be providing consideration and discussion on Item 8B. Mayor Love reconvened the meeting at 9:12 P.M. Councilmember Lizee and Mayor Love stated they would be Council representatives for the negotiation session referenced in Item 6C of this evening's Agenda. Council then proceeded to Item 8B on the Agenda with the return of Councilmember Garfunkel to the Council Chambers. . . . CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 7 of 10 D. Setback Variance Applicant: Location: James Quandt 22425 Murray Street This item was moved to the July 22, 2002, Regular City Council Meeting Agenda. E. Setback Variance Applicant: Mark and Kathy Simanek Location: 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. He also explained there was no recommendation for mitigating setback deficiencies on one side of the house by increasing the setback on the other as the other side would be where future expansions should occur. He noted the Planning Commission had recommended approval of this matter at the June 4, 2002, Planning Commission Meeting. There were no questions by Council regarding this matter. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 02-057, "A Resolution Granting a Setback Variance to Mark and Kathy Simanek, 25625 Wild Rose Lane. Motion passed 5/0. 7. GENERAL There was nothing to report at this time. 8. ENGINEERING/PUBLIC WORKS A. Authorize Mayor and City Administrator to Enter into an Agreement with MnDOT for Freeman Park Parking Lot Improvements Engineer Brown stated Staff had been working with the Minnesota Department of Transportation (MN/DOT) to complete the cooperative agreement for the Freeman Park access closure to Trunk Highway 7, and construction of a parking lot at the south end of Freeman Park. He noted the City was responsible for administering the construction of the parking lot and access closure for this project, and bids for the project were to be opened July 17, 2002. He estimated the construction cost of the project to be approximately $168,317 with compensation from MN/DOT of approximately $75,600. He also noted the City would not be compensating the Osha's for the portions of their property affected by this project, with the exception of improving upon that property. In response to Councilmember Lizee's question, Engineer Brown anticipated construction would be taking place in August and [mal landscaping taking place in September of this year. In response to Councilmember Turgeon's question, he explained a bituminous walkway would be constructed to allow emergency vehicles access to that area of the park. . . . CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 8 of 10 Zerby moved, Garfunkel seconded, RESOLUTION NO. 02-058, "A Resolution Authorizing the Mayor and City Administrator to Enter into an Agreement with MNDOT for Freeman Park Parking Lot Improvements." Motion passed 5/0. B. Authorizing Expenditure of Funds for Glen Road Drainage Repairs Engineer Brown explained for the second time in two months, the Public Works Department had been called to the Buranen residence located at 24735 Glen Road to clear an obstruction in the drainage system that served the property. This was necessary due to the high water condition in the rear of their property jeopardizing their residence. He further explained the tile line serving that area consisted of several pieces of tile and appurtenances extending from the subject residence, across the public right-of-way of Glen Road, and along the east property boundary of 24710 Glen Road. He further noted a letter had been received from the Buranen's requesting the City install a permanent remedy for the drainage system. Engineer Brown further explained aerial topography photos of the area in 1966 indicated the area prior to construction of the subject residence, was a detention area for water. Also, the existing drainage system was comprised of many parts, including a tributary area of 15.9 acres. The system on the Buranen property was a "homemade" system and was broken on the upstream end. It was suspect that end of the system provided the entrance of dirt and debris into the pipe causing obstructions. In clearing the line initially, a temporary access pipe was placed on the property located at 24710 Glen Road until such time as a permanent structure could be located. In the second clearing of the line, a joint separation or partial collapse occurred in the pipe under the roadway structure. Additionally, the Buranen's contractor had installed shallow pipes to drain water from the back yard to the existing drain opening in the front of their property. This was done in conjunction with grading to construct a detention basin. Under any scenario, Engineer Brown stated, it was necessary to restore the pipe where the initial excavation was performed. In addition, exploration and repairs within Glen Road pavement would also have to be performed, with the closure of Glen Road for one day. Staff had reviewed the project and determined the most cost effective strategy to be installation of a manhole structure in this location, while the roadway was under excavation. Engineer Brown estimated the cost of this repair work to be between $10,000-$12,000. He also noted the question of long-term operations in this area. While the proposed manhole would provide access for jetting, he suspected the portions of the drain outside the right-of-way area were in disrepair. To date, he noted the City had been very clear these utilities were not built to a standard that could be maintained, nor had proper utility easements been dedicated for such a utility. Diane Buranen, property owner, stated she had resided at this location for the past two years. She noted blockage of the pipe to be constant over that time frame, and requested involvement by the City for remedy. She stated in working to remedy the situation, it was discovered her property was receiving runoff from the Christopher Road development nearby. She stated the tile had collapsed and when the single working outlet was blocked, her property would flood. She noted various Councilmembers had seen the flooding firsthand. Councilmember Turgeon commented she had viewed the property after the rainwater had been standing in the area for a week, and she found the area to be pungent. She also stated once the outlet pipe was opened, and water allowed to drain normally, flooding was non-existent. In response to Councilmember Turgeon's question, Engineer Brown stated he was attempting to cure the problem in the public right-of-way and also for long-term solutions to the situation in the area. He expressed concern in that if the tile system were to collapse in any other area outside the right-of-way area, there was no access to remedy the problem. CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 9 of 10 . Mayor Love stated he knew the problem dated back to the 1970's when residents were hesitant in granting the City drainage easements in that area. He suggested consideration be given to these easements in that area. Ms. Buranen stated she had removed obstructions on more than the two reported occasions, and thought the problem was under Glen Road. She believed the proposed solution would remedy the situation. Engineer Brown stated the existing system was inadequate to handle any events of rainfall, and had not been built to a reasonable standard in the past. Lizee moved, Zerby seconded, Authorizing Expenditure of Funds for Glen Road Drainage Repairs. Motion passed 5/0. C. South Concession Operation at Freeman Park Administrator Dawson explained Council had requested information regarding the responsibilities and liabilities regarding operations by South Tonka Little League at the south concession building in Freeman Park. He then explained the history surrounding the construction and donation of the building to the City. Administrator Dawson then shared operating costs and responsibilities related to the building and concession stand on site. Further, he stated Attorney Keane had reviewed the situation and recommended an agreement be developed with South Tonka Little League addressing further issues of indemnification, insurance, operational issues of the facility within a City park, and delineation of rights and responsibilities of the parties. Clarification of numerous issues was presented by Staff regarding these issues. . Mayor Love, with the support of Council, directed Staff to prepare an agreement with South Tonka Little League in accordance with the City Attorney's recommendations. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated a status meeting was taking place next week with the Minnehaha Creek Watershed District staff to determine current status and support for the project. 2. County Road 19 Intersection Engineer Brown stated the concept plans prepared by the landscape architect were complete, and would be reviewed by the Park Commission on July 9, 2002. He also noted a project meeting was scheduled with Staff to review right-of-way issues and submitted parcels. 3. Christmas Lake Road Sewer (Metropolitan Council Project) . Engineer Brown explained representatives of the Metropolitan Council would be replacing and repairing ruptured utility areas around and beneath Christmas Lake Road with construction taking place in August and September of this year. He stated residents were receiving notices of the repair, and steps taken to increase enforcement of road closure signs on the Radisson Road area nearby. f . . CITY COUNCIL REGULAR MEETING MINUTES July 8, 2002 Page 10 oflO . B. Mayor & City Council Councilmember Lizee stated a great Fourth of July celebration took place in Excelsior this year, noting the joint efforts of the five South Lake Minnetonka cities as part of the success and fun for the day. She specifically thanked the Shorewood Public Works Staff and the tireless efforts of Don Rogers for their help in coordinating the activities of the day. 10. ADJOURN Lizee moved, Zerby seconded, adjourning the Regular City Council Meeting of July 8, 2002, at 10:05 P.M. Motion passed 5/0. Sally Keefe, Recording Secretary ;\ ! ' ! /'\ i / / II I;' ,i fl~ ({j~c' I - Woody Love, Mayor . .