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112502 CC Reg Min \. . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 25, 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 7:04 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, and Zerby; Administrator Dawson; Attorney Keane (arrived 7:06 P.M.), Engineer Brown, Finance Director Burton, and Planning Director Nielsen Absent: Councilmember Turgeon B. Review Agenda Mayor Love reviewed the Agenda for this evening. Administrator Dawson requested Item 3F be moved to Item 8A, and Director Nielsen requested Item 6E be removed from the Agenda and continued to the January 27,2003, Regular City Council Meeting Agenda. Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, November 12, 2002 Garfunkel moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of November 12, 2002, as presented. Motion passed 4/0. B. City Council Work Session Minutes, November 12, 2002 Lizee moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of November 12, 2002, as presented. Motion passed 4/0. 3. CONSENT AGENDA Zerby moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of Property and Liability Insurance Renewals C. Setting a Date for the Public Information Meeting/Smithtown Road Open House D. Authorization Accepting Proposal for Stormwater Management Plan Update , . . . . REGULAR CITY COUNCIL MEETING MINUTES November 25, 2002 Page 20f8 E. Authorizing additional resources for the annual Appreciation Event F. Setting the Date for the Radisson Road Open House meeting (This item was moved to Item 8A for further discussion and consideration.) Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PARKS A. Report on Park Commission Meeting Held November 13, 2002 Commissioner Davis reported on matters considered and actions taken at the November 13,2002, Park Commission Meeting (as detailed in the minutes of that meeting). B. Recommendation for Park Priority Policy Commissioner Davis briefly reviewed the Park Priority Policy as part of her report on the Park Commission Meeting of November 13,2002. Engineer Brown commented the fraction utilized in the Priority Policy was an objective approach to maximizing field usage. COtmcihnember Lizee stated she was happy to see work completed on the management package of the Park Priority Policy, as it would benefit all teams trying to utilize City parks. Mayor Love questioned whether the Policy addressed issues of priority ranking between user groups for field usage. Engineer Brown stated initial discussions had attempted to detennine a priority ranking system for the various users. However, after several attempts to do so, the Park Commission determined it would be objective, defensible, and logical to work with the recommendation set forth in the Park Policy as everyone would have equal oppommity for field usage and access to City park facilities. Commissioner Davis commented the recommendation of the Park Commission was unanimous regarding this Policy, as it provided an objective opportunity for all organizations. She went on to explain the discussions included review of previous rosters for users, and it was deternuned the numbers of players within the organizations would provide objectivity in the formula for detennining field usage, thus negating the need for giving priority between sports organizations. Mayor Love stated he was concerned about scheduling difficulties and was hopeful older teams could be placed next to younger teams as role models. Councilmember Lizee stated the Park Priority Policy was a necessary tool for managing the parks. Lizee moved, Zerby seconded, Approving the Park Priority Policy as presented. Mayor Love questioned whether updates could be made available as to the effectiveness of Park Priority Policy. Engineer Brown responded affirmatively, noting the first year would most likely be challenging, and adjustments could and would be made as necessary. . . . REGULAR CITY COUNCIL MEETING MINUTES Novembel' 25, 2002 Page 3 of8 Councihnember Lizee stated she liked the policy as all information was available equally for all, and she thought it was an appropriate time to implement the policy. 6. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the Plmming Commission Meeting of November 19, 2002. A. Revised Site Plan - Cub Foods Store Applicant: Shorewood Village Shopping Center Location: 23800 Highway 7 Councihnember Garfunkel recused himself from discussions on tlns matter to avoid any potential conflict of interest in this case, and left Council Chanlbers. Director Nielsen explained a revised site plan had been submitted for review due to a request for a larger water storage tank on the site. While a water storage tank holding 120,000 gallons was approved as part of the original site plan, the Fire Marshal indicated a tank in excess of 300,000 gallons was needed to maintain adequate fire flow to the site. As a result, the developer's engineers proposed either a taller tmlk, or a larger diameter tank with same height as what was originally proposed. Director Nielsen also noted the developer continued to explore options for bringing municipal water to the site, either from the City of Chanhassan or City of Shorewood. Should these efforts fail, a larger water storage tank would be needed; thus, the reason for this request. TIns tmlk would continue to be located in the northeast corner of the buildable area of the property. Parking had been rearranged to accommodate the proposed larger tank, mld, as result of the rearrangement, had gained ml extra parking space. Previously approved landscaping for the northeast corner of the site would screen the location of the tank. It was also recommended three of the proposed Austrian Pine be increased in size to 10-12 feet in height. The developer's architect proposed painting the tank an olive or sage green color to further diminish it from view. Failing the public water alternatives, approval was recommended for the revised site plan, subject to the requirement of the three larger pine trees and the green paint on the tank. Approval of this revised site plan would allow the project to move forward as many agencies would need to approve the plans, and site preparation could begin as early as mid-December of this year. Councilmember Lizee clarified the issue, noting if municipal water could be made available to the site from either city, the water storage tank proposed in the original site plan, as well as the larger water storage tmlk in the revised site plan, would not be necessary at all. Director Nielsen responded affirmatively. Lizee moved, Zerby seconded, Approving the Revised Site Plan for a Conditional Use Permit, subject to Staff recommendations, for Shorewood Village Shopping Center, 23800 Highway 7. Councihnember Zerby questioned whether the water storage tank had any protection around its base from being hit by a vehicle. Director Nielsen explained curbing would be present, however, further review of tllls issue would be handled by the City Engineer as part of the final site plml review. Motion passed 4/0. REGULAR CITY COUNCIL MEETING MINUTES November 25, 2002 Page 4 of8 . B. Final Plat - Oak View Estates Applicant: 3Z Holdings, L.L.c. (Arnie Zachman) Location: 6090 Chaska Road Councihnember Garfmlkel returned to Council Chambers. Director Nielsen explained the applicant for the property located at 6090 Chaska Road had subnntted a final plat that proposed subdividing the property into three twinhome lots, with six Ulnts total for tlle site. Upon review of the preliminary plat, the Planning Commission had requested review of the Tree Preservation and Reforestation Plan prior to final plat review by Council. The Commission reviewed the Plan with approval, and noted other issues of concern had been resolved before Council consideration of the final plat tllls evening. Director Nielsen stated three issues remained for resolution. Approval of the final plat by tlle Minnehaha Creek Watershed District was needed; an estimate of improvements for the customary letter-of-credit; and a title opinion prior to the release of tlle final plat. . Engineer Brown also commented on issues regarding right-of-way, easements, and roadways; sanitary sewer and water services; and grading, drainage, mld erosion control. Engineer Brown recommended approval of tlle final plat, subject to certain conditions. He stated tlle applicant's engineer should submit final construction plans, specifications, and estimate to the Director of Public Works for review and approval prior to tlle commencement of the mlY construction. The appliCallt was also responsible for all roadway construction from Chaska Road to the end of the cul-de-sac. The applicant also needed to submit stonnwater calculations tllat demonstrated the predeveloped runoff rate had been maintained for the 100- Year HWL and the NWL for the subject parcel. The applicant still needed to obtain a pernnt from the Minnehaha Creek Watershed District. Finally, the applicant's engineer should revise the grading plan to include a drainage sale, as part of the initial grading of the site, for the rear lots of 1 through 4. The proposed swale shall have a minimum longitudinal slope of 2.0 percent and should be located a minimum of 20 feet outside of the proposed building pads. Garfunkel moved, Zerby seconded, Approving RESOLUTION NO. 02-090, "A Resolution Approving the Final Plat for Oakview Estates, subject to Staff recommendations, for 3Z Holdings, L.L.C. (Arnie Zachman), 6090 Chaska Road." Motion passed 4/0. Director Nielsen stated he had met with concerned residents of that area regarding the speed with existing conditions along Chaska Road. Alternatives were proposed to the group, with a petition potentially being submitted for Council review at the December 16,2002, Regular City Council Meeting. C. Concept Stage Plans - High Point pun Applicant: Lecy Construction Location: North side of Hwy. 7, East of Shorewood Village Center . Director Nielsen explained the applicant owned two parcels ofland located at 23520 and 23570 State Highway 7. The applicant proposed to subdivide the property, initially into three lots and four outlots, with the possibility of one of the outlots being resubdivided in the future. He then noted the surroUllding zoning and land use of the property and also noted the property contained approximately 7.2 acres, of wInch 1.27 acres was a designated wetland. Due to certain challenges presented by terrain and access, the developer proposed to develop the property by means ofPlalUled Unit Development (P.D.D.). The first three lots would be accessed by a private cul-de-sac, extending northward from an existing service road to Highway 7. . . . REGULAR CITY COUNCIL MEETING MINUTES November 25, 2002 Page 5 of8 The private road would be platted as Outlot A and owned and maintained by a homeowners' association (HOA). Outlot B was to be set aside as conservation open space to be owned and maintained by the HOA. The developer would grant a conservation easement over Outlot B to the City. Outlot C was a designated wetland area that would be deeded to the City, pursuant to current wetland regulations. Outlot D would possibly be redivided in the future into as many as three lots. Director Nielsen stated the most significant area of concem was regarding the access to the site off Highway 7. He stated the Minnesota Department of Transportation (MnDOT) was not in favor of having this entrance serve tlle property. Problems with site alterations and additional traffic on Charleston Circle was not considered an option for resolution. Director Nielsen complimented the developer in preserving the natural features of the site. A second issue of concem was how Outlot D would be resubdivided. At minin1um the applicant indicated a single lot could be configured off Charleston Circle, or witll the acquisition of additional land from adjoining property owners, as many as three lots could be configured with either an extension oftlle proposed cul-de-sac or an ingress off Charleston Circle serving as entrances to the house(s) on Outlot D. Director Nielsen went on to explain neitller adjoining property owner was interested in selling land to the applicant at this time; however, Director Nielsen believed the development agreement should include language about how to handle the potential subdivision in the future. He also stated the development requires pennits from the Mumehaha Creek Watershed District, MNDOT approval for the right-of-way issues, and he noted the applicant had asked for concept stage approval only in this case. He went on to state tlle Planning Commission had continued the Public Hearing on Development Stage plans for the site until the January 7, 2003, Planning Commission Meeting. Engineer Brown presented information regarding the right-of-way, easements, and roadways for the proposed project as well as information on sanitary sewer and water services, and grading, drainage, and erosion control. He recommended approval of the final plat for this Oakview Estates, contingent upon the applicant's engineer submitting final construction plans, specifications, and estimate to the Director of Public Works for review and approval prior to the commencement of any construction. Also, the applicant would be responsible for all roadway construction from Chaska Road to the end ofthe cul-de-sac. The applicant also needed to submit stormwater calculations demonstrating the predeveloped nmoff rate had been maintained, as well as the 100-Year HWL and the NWL for the subject parcel. The applicant needed to obtain a permit from the Minnehaha Creek Watershed District prior to the commencement of any construction. The applicant's engineer also needed to revised the grading plan to include a drainage swale, as part ofthe initial grading of the site, for the rear lots of 1 through 4. The proposed swale needed to have a minimum longitudinal slope of2.0 percent and was to be located a minimmn of20 feet outside the proposed buildulg pads. Lizee moved, Garfunkel seconded, Approving the Concept Stage Plans, subject to Staff recommendation, for High Point Planned Unit Development, Lecy Construction, 23520 and 23570 State Highway 7. Motion passed 4/0. D. C.U.P. Amendment for Revised Exterior Design - South Lake Minnetonlm Public Safety Facility Applicant: Shorewood Economic Development Authority Location: 24140 Smithtown Road Director Nielsen explained the City had approved a Conditional Use Pemut (C.u.P.) for the construction of a new Public Safety Facility located at 24140 Snuthtown Road in September oftms year. Since that time, budget considerations had necessitated changes in the some of the materials originally approved for the building. As a result, the Council was being asked to consider an amendment to the CUP. . . . REGULAR CITY COUNCIL MEETING MINUTES November 25, 2002 Page 6 of8 Director Nielsen stated the most significant change being requested was the roofing materials. "Architectural grade" asphalt shingles were being proposed, instead of the original light gray, standulg- seam metal panel roof. Also, the approved plans included stamped and stained concrete to resemble stonework at the base of the building. It was hoped the retaining walls would have a similar appearance to complement the retaining walls proposed for the County Road 19 project. The architects now proposed using a rock-faced concrete block for the base of the building and concrete with "rustificatiol1 jOUlts" for the retaining walls. As part ofl1is review, Director Nielsen recommended the rock-faced block be placed as low as possible on the east elevation facing the Shorewood Lane homes. Also, the asphalt shulgles should be somewhat darker than the metal roof was going to be. Lastly, the architects had been asked to work Witll the landscape architect for the County Road 19 project to create a complementary transition from the roadway retaining walls and the retaining walls for the Public Safety building. EDA Executive Director Dawson stated there was a great deal of discussion on this matter with the governing boards of the Excelsior Fire District and the Police Coordinating Committee. He stated tlle metal roof would be placed as an alternative item in the remaining bid package for the facility. Garfunkel moved, Lizee seconded, Approving the Amendment to the Conditional Use Permit for the Shorewood Economic Authority, at 24140 Smithtown Road. Councilmember Zerby commented he was disappointed in the necessity of this choice as it seemed shortsighted because it was just deferring the cost of the roofto a later date in the form of maintenance. He also stated he knew it was important to keep the budget inlule in working with the project. Motion passed 4/0. E. Setback Variance Applicant: Location: Scott Richards 5380 Howard's Point Road This item was continued to the January 27, 2003, Regular City Council meeting. 7. GENERAL A. Nomination to Board of Directors - Shorewood Parks Foundation Administrator Dawson explained a vacancy in the directorship of the Shorewood Parks Foundation currently existed. The by-laws of the Shorewood Parks Foundation provided that the Council affirm the appointments of the candidates serving on the Board of Directors. The Board of Directors nomulated Jackie Dallman for her great efforts given to the Foundation over the past nine months, and her continued commitment to the Foundation, as well as her skilled fundraising efforts for the foreseeable future. Zerby moved, Lizee seconded, Approved the nomination of Jackie Dallman to the serve as Director ofthe Shorewood Parks Foundation through February 28, 2005. Mayor Love stated he thought Mrs. Dallman had done an exemplary job in coordinating the Foundation's Annual Arts and Crafts Show. He also complimented Mrs. Dallman and the FOtmdation for the volunteer spirit shown in bringing the community together to work on this event. REGULAR CITY COUNCIL MEETING MINUTES November 25, 2002 Page 7 of8 . Motion passed 4/0. 8. ENGINEERING/PUBLIC WORKS A. Setting the Date for the Radisson Road Open House meeting Engineer Brown reported Mr. Dennis Jabs, of Radisson Road, was requesting a neighborhood walk along Radisson Road to determine need for safety measures along the roadway. Engineer Brown reported the original walk was planned for December 4,2002, at 5:30 P.M., however, due to scheduling conflicts, the date of December 11,2002, was selected instead. Councilmember Lizee suggested the neighborhood walk take place on Saturday, December 14 at 9:30 A.M. in effort to ensure safety of the residents involved in the walk. Council agreed. 9. REPORTS A. Administrator & Staff 1. Gideon Glen There was nothing to report on tlns matter at tllis time. 2. County Road 19 Intersection . Administrator Dawson stated concerns for outstanding issues remained without imminent conclusion. Mayor Love stated he appreciated Mayor Keller of Tonka Bay meeting with him to discuss concerns regarding the safety of the intersection. He stated he was pleased with the efforts of City Staff and COtIDcil over the past four years in addressing the concerns of the intersection. Councilmember Lizee stated she believed the Tonka Bay City Council let down the entire Soutll Lake Minnetonka community in considering the efforts necessary to make safety in the intersection a priority. She suggested residents contact the Tonka Bay City Council with concerns regarding the intersection as requests by the Shorewood City Council were not being addressed. 3. Public Safety Facilities Engineer Brown reported constmction equipment was being placed on site as work progressed on the property. He also thanked the constmction company for keeping intermptions to a minimmu for residents and making swift corrections to the job site. 4. Liquor Operations . Councilmember Garfunkel stated the Liquor Committee had met earlier this evening. Topics of discussion included the transition plan for the Tonka Bay Liquor Store. He noted the last day of business for the store under its current ownership plan, would be November 30,2002. He complimented Manager Don Swandby and Store Staff for working through tllls difficult transition time. Councilmember Garfunkel also stated the proposed lease options for the Shorewood Village Shopping Center were discussed, and he was looking forward to seeing a state-of-the-art store in its new location in the Center. . . . REGULAR CITY COUNCIL MEETING MINUTES November 25, 2002 Page 8 of 8 B. Mayor & City Council Attorney Keane provided an update on the proceedings regarding the alleged Shorewood Yacht Club licensing infractions. 10. ADJOURN Zerby moved, Garfunkel seconded, adjourning the Regular City Council Meeting of November 25, 2002, at 8:17 P.M. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor