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092302 CC Reg Min .. t. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 23, 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 7:02 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane, Engineer Brown, Planning Director Nielsen Absent: Finance Director Burton B. Review Agenda Lizee moved, Zerby seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, September 9, 2002 Turgeon moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of September 9, 2002, as presented. Motion passed 5/0. B. City Council Work Session Minutes, September 9,2002 Lizee moved, Zerby seconded, Approving the City Council Work Session Meeting Minutes of September 9, 2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Garfunkel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. , ,# . CITY COUNCIL REGULAR MEETING MINUTES September 23, 2002 Page 2 of 9 . 5. PARKS A. Report on Park Commission Meeting Held September 17, 2002 Commissioner Callies reported on matters considered and actions taken at the Park Commission Meeting of September 17, 2002 (as detailed in the minutes ofthat meeting). Councilmember Zerby commented how wonderful it was to see fundraising for the year by the Park Foundation approach its annual goal. Councilmember Turgeon thanked the Public Works Department for its efforts and dedication in making Freeman Park so clean for the Girls Fastball Tournament held there this past weekend. Commissioner Callies reported after consideration by the Park Commission and Staff there would be no winter ice-skating at Freeman Park this year. 6. PLANNING Commissioner Borkon reported on matters considered and actions taken at the Planning Commission Meeting of September 17, 2002 (as detailed in the minutes ofthat meeting). A Linden Hills Preliminary Plat Applicant: Mike Seifert Location: 23665,23775 and 23785 Yellowstone Trail . Director Nielsen explained the applicant had assembled three parcels ofland located at 23665,23675, and 23685 Yellowstone Trail. Mr. Seifert proposed combining the parcels and then platting them into 14 single-family residential lots. The property currently contained 12 acres, with approximately 2.5 acres being Lake Linden. The property was zoned Single-Family Residential, with three houses currently existing on the three parcels. The easterly two houses and their associated accessory buildings would be removed, and the developer intended to keep the westernmost house and its detached garage as his residence. All proposed lots were over the minimum lot area for the zoning district. A cul-de-sac shown on the preliminary plat as Minnetonka Court, since named Lake Linden Court, served all lots. With regard to issues and analysis of the case, Director Nielsen stated the zoning for the project allowed for single- family homes on 20,000 square-foot lots. The proposed lots would meet or exceed the minimum requirements for area width and depth, and the use an proposed lot size were within the land use designation recommended for the area in the Comprehensive Plan. The wetland had been set aside as an outlot to be deeded to the City, pursuant to wetland regulations. All buffers related to wetlands could easily be accommodated as part of the plan. . Regarding grading, drainage and utilities, Engineer Brown had prepared a report for the Commission for this case. The development of the property would involve cutting into the site near Yellowstone Trail and filling one of the existing low areas to create the road. A stormwater detention pond would be excavated on the west side of the new street, between Lots 11 and 12. With regard to right-of-way, easements, and roadways, he noted the maximum street grade needed to be revised from the shown 8% grade to the required 6% grade, and vertical sight distance requirements for most recent MSA standards should be met in design. He also recommended additional catch basins installed on Lake Linden Court prior to the entrance onto Yellowstone Trail to avoid additional water entering onto Yellowstone Trail. While this '-" . . . CITY COUNCIL REGULAR MEETING MINUTES September 23, 2002 Page 3 of 9 effort would require additional grading and tree impact to the site along the roadway, this requirement was critical from a traffic safety perspective. Engineer Brown went to explain in his report that there was an existing depression with significant tributary area centered on the common lot boundary of Lots 4 and 5. It was recommended that the applicant's engineer provide a design for an emergency overflow for this area, similar to the proposed NURP pond, to insure the integrity of the houses from flooding. Sanitary sewer was available to the site by an existing main located on Yellowstone Drive, and while municipal water service was available 1500 feet away, it appeared the site would be served by existing wells. Staff was recommending approval, subject to the referenced conditions. Councilmember Zerby questioned whether an easement existed along Yellowstone Trail. Engineer Brown responded affirmatively noting there was the standard fifty-foot right-of-way, and the final plat would be examined for future trail possibilities. Councilmember Lizee expressed concern for the steep grades on the site. James Parker, of Advanced Surveying and Engineering and representing the applicant, stated the grades would be reduced to the required six percent; however, it would require a delicate balance of grade work and trees. He noted many other cities had grading standards of ten percent, and requested Council consider this same standard for this proposal. Councilmember Lizee also questioned where the low ponding area drained. Mr. Parker stated the water in the ponds seeped into the ground, as there was not an outlet for the water to a larger water source. He noted water rarely stood in these ponding areas for any length of time despite the wet weather this season. The soil boring showed the soil at the bottom of these ponds were mostly gravel, thus, making the ponds act as an infiltration system of sorts. Engineer Brown further commented there was no outlet for Lake Linden, but there was a vast amount of storage available in the outlot area. He stated the applicant's engineer was also being required to verify calculations for stormwater management purposes to remove liability in this case. With regard to municipal water being available to this development, Mayor Love commented he hoped there would not be any assessments to the residents of Minnetonka Drive in securing municipal water to the site. Engineer Brown stated there would be anticipated connection costs for residents in that area, but not an assessment for the project, as it would be the developer's responsibility, as well as the CUB Foods Store developer, to provide funding for a watermain from Minnetonka Drive at Gillette Curve to the proposed plat area, if completed under this proposal. Engineer Brown stated the Planning Commission and Staff had recommended approval of the preliminary plat with the proposal including individual wells for this project, but he would also continue to seek additional alternatives for providing water to the development. Garfunkel moved, Turgeon seconded, Approving the Preliminary Plat, subject to Staff Recommendations, for Mike Seifert, 23665, 23775 and 23785 Yellowstone Trail. Motion passed 5/0. B. Setback Variance Applicant: Location: Scott Richards 5380 Howard's Point Road Director Nielsen reviewed the history of this request, noting the applicant had owned the property at 5380 Howard's Point Road. The applicant had proposed to tear down the existing home on the property and build a new home on the portion of the lot to the east of Howard's Point Road, and was requesting an 18- foot variance for the side yard abutting Edgewood Road. Director Nielsen also explained the property was zoned Single Family ResidentiallShoreland and contained approximately 1.8 acres, the rear third of . . . CITY COUNCIL REGULAR MEETING MINUTES September 23, 2002 Page 4 of 9 which was occupied by designated wetland. The property was cut in two by Howard's Point Road, with the existing house and deck located on the westerly portion of the lot, very near the shoreline of Lake Minnetonka. A detached garage was located on the east side of the lot, abutting the right-of-way. The new house would be 50 feet from the right-of-way from Howard's Point Road. A proposed setback from Edgewood Road was 47 feet, measured from the paved surface of the roadway, as there was discrepancy as to whether Edgewood Road had any right-of-way. Director Nielsen also explained the applicant's survey did not show an easement that would make the buildable area of the lot even narrower. ill analysis, Director Nielsen explained this proposal was quite interesting, as the irregular shape of the lot and road dividing the parcel in two would satisfy the criteria of physical uniqueness for granting a variance. He noted the property to be long and narrow, extending to a wetland basin in the rear of the lot Further, the required setbacks imposed by the zoning district would render the property nearly unbuildable. The proximity of the current structures to the lake and road would result in an increase of nonconformity precluding expansion of the home or garage. Director Nielsen stated if the variance would be granted, many nonconformities would be resolved with regard to zoning requirements for the City. Director Nielsen stated Staff believed this request had considerable merit, however; the Planning Commission debated issues of hardship. The applicant stated a two-car garage exists across the street from the home currently, making its use difficult in winter months. Also, the property was extremely nonconforming in its current state, and a variance would be needed to make any changes to the site. The applicant had stated the property was for sale, and as yet had no specific designs for a new house. Director Nielsen introduced Paul Larsen, realtor for the applicant. Mr. Larsen stated he believed the request for variance had considerable merit as well and he believed all elements were present to satisfy the criteria for variance in this case. He went on to explain the applicant had chosen a house plan that would be appropriate to the size of the site. Also, he had studied several precedents for granting variances in cases such as this one, and he believed this case also met the criteria established through past experience. He stated the house was built in 1900, and was approaching the end of its use. He also, cited variance profiles and home prices in the neighborhood, noting the anticipated cost for the new home to be approximately $1.5 million. With this new house, he noted the driveway would egress to Edgewood Road, making the lot safer and having less hardcover than current conditions. He stated the property would be sold, as an offer was pending, upon Council approval of this matter. Mayor Love reminded Mr. Larsen that economics of a situation could not be considered as a reason for granting a variance. Director Nielsen stated the neighbors to the northeast had stated concerns for additional drainage in the area as a result of the new construction of a home on this site. The applicant had agreed to grant an easement along the property to install a culvert to alleviate additional drainage in the northeast corner of the site. Mayor Love stated he had great respect for the recommendations of the Planning Commission, but questioned the issues of concern, as it seemed this case presented an opportunity to move more concerns away from the lakeshore. Commissioner Borkon stated variances were always controversial for the Commission as there was room for interpretation in the criteria for granting variances. She stated the Commission questioned the hardship in this case as well as whether reasonable use could be made of the property without the variance. Councilmember Turgeon stated the Commission had concerns as to what the minimum amount of variance could be in this case since specific design plans for the site were not presented. . . . . . CITY COUNCIL REGULAR MEETING MINUTES September 23, 2002 Page 5 of 9 Councilmember Garfunkel stated he also believed the Commission had reservations regarding granting a variance without knowing the accurate amount of variance necessary. He stated the request seemed reasonable without setting a precedent, and he liked the proposal. Councilmember Turgeon agreed, but stated she would like to see accurate design plans for the site to be able to understand the extent the variance request could be minimized. Mr. Larsen also commented the sight lines to the lake for the neighbors would be greatly improved with this proposal, and improvement to the site would be better for the City as well. MayorLove explained it seemed Council was willing to work with the site, but would like additional information to avoid misunderstanding. Director Nielsen stated the buyer for the property had indicated a willingness to choose plans for the site, and he anticipated this could be accomplished within 30-60 days. The applicant would then need to waive the statutory 60-day rule for Council review of this case. Mr. Larsen stated the applicant would resubmit the plans and would be willing to waive the 60 days for review by Council. Lizee moved, Garfunkel seconded, Continuing this case to November 25, 2002, subject to receipt of a letter from the applicant waiving the 60-day rule by September 26, 2002, and submission of design plans for the site submitted to the Planning Commission no later than October 30, 2002. Motion passed 5/0. C. Simple Subdivision Applicant: Location: Marvin and Hazel Boote 24340 Yellowstone Trail Director Nielsen explained in November 2000, the applicant had requested approval of a simple subdivision to divide his property at 24340 Yellowstone Trail into two lots. The applicant then withdrew his request before the Planning Commission could hear it. He had now submitted a new application addressing areas of concerns found within the original application. The application had been revised to include a survey that included a 17-foot right-of-way for Country Club Road as recommended. The applicant had submitted all of the legal descriptions for the conservation easement, road right-of-way, and the drainage and utility easements. The existing barn must be removed or moved onto the southerly lot. Deeds must be provided for the various easements. Park dedication fees and sanitary sewer charges were established. The applicant also must provide a title opinion prior to release of a resolution. The subdivision had been redrawn as previously recommended. Any new building for the site would need to be built to stormwater management plan guidelines. Carl Zinn, representing the Bootes, was in attendance, and offered to answer any questions Council may have had of him. Turgeon moved, Zerby seconded, Approving the Simple Subdivision, subject to Staff Recommendations and Directing Staff to Prepare a Resolution for Marvin and Hazel Boote, 24340 Yellowstone Trail. Motion passed 5/0. D. Multiple Dock Facility License Application Applicant: Shorewood Yacht Club Location: 600 West Lake Street CITY COUNCIL REGULAR MEETING MINUTES September 23, 2002 Page 6 of 9 . . . Director Nielsen explained the Shorewood Yacht Club was in violation of its current Conditional Use Permit by leasing space for powerboats and for operating without a license. The owners had responded with a letter, and subsequently an incomplete license application. Given the current zoning violation and no attempt by the owners to comply, Staff recommended denial of the 2002 Operating license for the Shorewood Yacht Club. The City Attorney had begun formal legal action regarding this matter. Attorney Keane reviewed the history of the violations and current legal action being pursued through the justice system. Judy Cross, along with husband, John Cross, owners of the Shorewood Yacht Club located at 600 West Lake Street, stated she appreciated the opportunity to address Council regarding this matter. She stated she did receive the letter regarding operation without a license. She stated she had inadvertently overlooked this matter, and reacted immediately to the letter by pursuing an application at City Hall. After a brief misunderstanding with City Staff regarding the fee for the license, she received accurate information and submitted a letter of application to Director Nielsen without the check. Since that time, she had delivered the check and license on Friday, September 20, 2002, with receipt of the letter received today. Mrs. Cross went on to explain the Yacht Club had hoped to make use of all sailboat slips on Pier 4, but current economics of the sailboat industry had not allowed this to happen. With numerous requests from powerboat owners for leasing of the slips, she read the Conditional Use Permit and zoning requirements, noting historical use of the site included a few powerboats. Because of this history of use by powerboats at the Yacht Club, she believed she could rent slip space to the powerboat owners. She had not heard any previous complaints this year, and noted without the leasing of the slips to powerboat owners, the Yacht Club would have incurred severe financial hardship. . Councilmember Turgeon stated she had spoken with Mr. Cross regarding this matter, noting the historical use stated in the Conditional Use Permit applied to the marina, not the location of the piers. She greatly appreciated Mr. Cross's work with establishing the Lakeshore-Residential zoning requirements; however, these requirements clearly stated the Yacht Club was for sailboat use only. Councilmember Zerby stated he agreed a violation had been made in this case, but had heard merit in possible future changes for the L-R district as sailboats used motors to get under sail. Councilmember Turgeon stated she had explained to Mr. Cross that application could be made for an ordinance amendment in this case. Regardless of those possibilities, she stated the license still remained in question. She also questioned the legal process for this matter. Attorney Keane explained the options for granting a license and legal implications for the owners of the Shorewood Yacht Club as a result of the violations. Mrs. Cross stated she viewed this matter as an opportunity to work with the City as times changed economically for their business. Mayor Love stated making application for a license or following the process for obtaining an ordinance amendment would more clearly have showed this sincere opportunity. Councilmember Lizee stated she did not think it was the job of City Staff to obtain and enforce licensing requirements, as it was the responsibility of business owners to secure a license in the appropriate timeframe. . John Cross stated a license had not been needed for many years. Councilmember Turgeon reminded him licensing requirements were enacted with the designation of the L-R district. Mayor Love also CITY COUNCIL REGULAR MEETING MINUTES September 23, 2002 Page 7 of 9 . commented power boats were not being discriminated against in this case, as the marina was allowed to have four of them. Lizee moved, Turgeon seconded, denial of the 2002 license for the Shorewood Yacht Club. Motion passed 5/0. 7. GENERAL A. City of Excelsior Sesquicentennial- Request for Support Linda Murrell, Executive Director for the Excelsior Chamber of Commerce, stated the Excelsior Sesquicentinnial committee was requesting financial support and/or volunteer time for Excelsior's 150th Anniversary Celebration being planned for 2003. The Committee planned to host a series of events throughout the year, culminating on August 16 and 17, 2003. She stated the Celebration Committee was requesting support from all South Lake Minnetonka communities as Excelsior provided a sense of place, shared community heritage, and celebrated the present. She encouraged participation of all South Lake Minnetonka residents, and asked for Shorewood's help in making the celebration memorable for all community residents. Mayor Love thanked her for her efforts to represent all communities in this celebration and questioned what Shorewood's role would be in the celebration other than financial support. Councilmember Garfunkel questioned the amount of monies contributed by other South Lake Minnetonka communities. Ms. Murrell explained that information was uncertain at this point in time as all communities and businesses had not yet been contacted. . Mayor Love stated he was concerned that without substantive involvement of all communities, the celebration could not be labeled a community event. He stated he was greatly aware of the history of the founding of the communities, and would be more receptive to hearing how Shorewood could be more involved. Also, Council invited Ms. Murrell to return at a later date to revisit this matter once additional funding resources were established. 8. ENGlNEERING/PUBLIC WORKS A. Accepting a petition for Harding Lane and Ordering Preparation of Feasibility Report Engineer Brown explained residents from the Harding Lane and Glen Road area were requesting a drainage improvement be performed to address the runoff entering the rear yards and homes from the upland area of the Country Club Meadows development. He went on to explain the Harding Lane area had been an area of issue for many years. In review of the plat for Harding Acres Second Addition, it was discovered there was a drainage easement ranging 40 to 50 feet wide platted across the rear of the property to provide for drainage of the upland areas recently developed. From a technical standpoint, this approach would be acceptable. From a homeowner's perspective, the drainage was a nuisance. Petitioners had stated the new Country Club Meadows subdivision had aggravated this situation. While dramatic steps were taken to force as much of the drainage from Country Club Meadows to Fairway Drive, ultimately drainage flowed to Smithtown Road in order to minimize impacts to the Harding Lane and Glen Road areas. . . . . CITY COUNCIL REGULAR MEETING MINUTES September 23, 2002 Page 8 of 9 After meeting with the neighborhood on September 3Td, 2002, to discuss issues of concern, several steps had been taken to try to address the situation. Staff had discussed. issues. with the current developer of Country Club Meadows, to insure houses that had not changed ownership had gutters installed to direct the drainage back to Fairway Drive. Secondly, Staff had met with other property owners toward the north end of the cul-de-sac to advise them of issues and to redirect sump pump discharge to Fairway Drive. Third, Staff continued to work with the property owners along Fairway Drive and Harding Lane to obtain rights of entry to allow the developer of Country Club Meadows to install a drain tile along the rear yards of certain properties on Fairway Drive. During the neighborhood meeting, it was recommended a feasibility report be completed to investigate alternatives and scenarios to address these issues. Residents were informed an ultimate solution would likely involve assessments to the benefiting property owners. Staff also discussed the subject areas with the City's consultant, and was once again reminded that minor improvements could be. made to address specific drainage concerns; however, the subwatershed performed to outlet conditions, and the subwatershed needed a trunk system capable oftaking drainage all the way to Lake Minnetonka. Engineer Brown then shared the associated costs for proposed services from the City's consultant. He noted the cost could change depending on the scope of services chosen to address the situation. Engineer Brown also noted the presence of a number of residents affected by this drainage issue. Councilmember Zerby questioned whether residents were aware of the potential assessments attributed to fmding solutions to this issue. Carrie Nicklow, 5585 Harding Lane, stated she was not aware of the larger trunk project being discussed as part of a long-term solution. However, she was interested in pursuing the installation of drain tile by the developer of Country Club Meadows. Councilmember Turgeon stated she believed there were two issues being discussed this evening. One issue involved the actions of the developer for the Country Club Meadows development, and the other issue involved finding a broader solution through examination of overall water storage/drainage issues for the City. Mayor Love agreed, noting this matter would require a short-term shift of water drainage and examination of the overall drainage areas for the long-term. Mike Delbusso, 25165 Glen Road, stated he had never had water in his backyard until this development had been under construction. He stated he did not believe he should have to pay for long-term solutions for this issue, as his problems were attributable to the grading of the development site. Mayor Love stated all parties in the affected area needed relief, and he wanted to explore alternatives to examine long-term needs and solutions for the area. Engineer Brown stated he believed it was the consensus of the Council to continue pursuit of the installation of drain tile as a short-term solution, and also contact the City's consulting firm to begin a broader long-term examination to begin to layout alternatives. Ms. Nicklow commented the water problems in the area had not been experienced prior to this year. Engineer Brown stated the drainage easement in Harding Acres was there for a reason. He also asked residents for their cooperation in allowing tile line to be placed on their property later this week to begin to remedy the situation. .. CITY COUNCIL REGULAR MEETING MINUTES September 23, 2002 " '. Page 9 of 9 . 9. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson stated the project remained in the budget for 2003 for the Minnehaha Creek Watershed District, thus allowing the project to continue to move forward. 2. County Road 19 Intersection Engineer Brown stated there was nothing further to report as the project had been halted for this year until such time as right-of-way issues regarding Tonka Bay Liquors could be resolved with Hennepin County. B. Mayor & City Council There were no additional reports presented this evening by the Mayor and Council. C. Public Safety Facilities Administrator Dawson reviewed the time line of events anticipated in the upcoming month with regard to financing, and project scheduling. He stated groundbreaking for the project was tentatively scheduled to take place on November 11, 2002. . 10. ADJOURN Turgeon moved, Lizee seconded, Adjourning the Regular City Council Meeting of September 23, 2002, at 10:00 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor .