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022403 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 24, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:08 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. Administrator Dawson stated a Draft Resolution had been prepared for inclusion as part of Item 6A, and a Revised Copy of 2003 Goals and Priorities List had been prepared for Council this evening. Zerby moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, February 10, 2003 Lizee moved, Turgeon seconded, Approving City Council Regular Meeting Minutes of February 10, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, Adopting the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Authorize Expenditure of Funds for Engine Analyzer C. Approval to Enter Into an Agreement with J.R.'s Appliance Disposal, Inc. for Spring Clean-Up Appliance Disposal Services Motion passed 5/0. 4. MA TTERS FROM THE FLOOR Martin Wellens, 4755 Lakeway Terrace, stated he was concerned about the Visioning Plan proposed recently in the newsletter. He questioned why this item had not been mentioned as a news event, if the changes proposed were to be enacted as part of the Plan. CITY COUNCIL REGULAR MEETING MINUTES February 24, 2003 Page 20f9 . Mayor Love stated the items discussed in the Visioning Plan article in the newsletter had not been adopted or endorsed by any Councilmember. More discussions were necessary on each item prior to any change as result of the Visioning Plan for the City. Councilmember Turgeon commented she had requested a Work Session to discuss the Visioning Plan also. 5. PRESENTATIONS AND REPORTS A. 2002 Year-End Report on the Southshore Senior Community Center by Joyce Flury Joyce Flury, Director of the Southshore Senior Community Center, provided a 2002 Year-End RepOlt on the activities taking place at the Center. She noted it was a meeting place for many community members, and stated tIns year included a celebration of being in the building for five years. She thanked all Councilmembers for their continued support in the Center. . She reviewed countless hours of volunteerism that it took to keep the Center moving forward, as well as the numerous programming opportunities. She stated 254 residents participated throughout the year from Shorewood, and she also presented the draft budget for 2003 for the Center. She went on to note tllere would be a "Healthquest" program this year, which included many different sessions related to health issues, and culminated with a Health Fair in May of 2003. Additionally, she explained there would be a monthly Art Show displaying the work of local artisans, as well as "Highlighting our Cities Luncheons", where each member City Staff, Council, and residents would be invited to a special luncheon. Shorewood's luncheon was slated for May 12, 2003. She again thanked the Council and City for its continued support in the past year. Mayor Love thanked her for the report, as well as the efforts of the Center as it provided a great asset to tlle community. B. County Road 19 Intersection Project, Report by Jim Grube, Hennepin County Administrator Dawson stated Council had recently held conversations with Jim Gmbe, Director of Transportation for Hennepin County, earlier in the evening in a Work Session Meeting with Council. Mr. Grube had requested the opportunity to speak at the Regular Council Meeting this evening. Mr. Grube stated plans had been heard for providing a sweeping curve at the County Road 19 intersection. He noted concerned parties had been working for quite some time on bringing these plans to fruition this year, with construction beginning in 2003 and finishing on the roadway in 2004. He stated tllls appeared to be the right project at the right time to provide a better roadway in front of the Public Safety Facility and would bring better safety to residents as well as provide safe access for safety vehicles in response to calls for service on County Road 19. Staff was working on the impacts to the intersection and the Liquor Store on the corner of the Shopping Center. It had been proposed that the liquor store would be removed, with the support and approval oflayout of the intersection by the City of Tonka Bay, and negotiations continued with the City of Tonka Bay in these matters. . Mr. Grube pledged to Council to bring parties together to address concerns of drainage, safety, and traffic. To that end, representatives of Hennepin County would draft a contract between responsibilities toward completion of design, construction, and payment of costs for the project. He recognized and thanked the City for initiating the consultation necessary for the project, and stated the County would help to pay for the significant cost for consultant's fees to keep the project moving forward. He stated discussion continued with the Minnehaha Creek Watershed District regarding responsible plans for water management issues surrounding the project. He was confident the project could be brought to fruition. . . . CITY COUNCIL REGULAR MEETING MINUTES February 24, 2003 Page 3 of9 Hennepin County Commissioner Linda Koblick had also expressed support for moving the project forward, and would continue to work with the City of Tonka Bay in these matters. Mr. Grube again thanked the City of Shorewood for partnering efforts in the project, and stated he hoped to see the Transportation Department bring all parties together to bring the project to construction. Mayor Love thanked Mr. Grube for attention paid to this project, noting it was the strongest wish of the Council to serve the public's greatest need in beginning this project before the opening of the Public Safety Facility later tins year. Councilmember Turgeon stated there still remained concerns for timing in having a functioning intersection prior to the end of the year; however, she greatly appreciated the positive steps Mr. Grube and Commissioner Koblick had provided in bringing the project to fruition. 6. PUBLIC HEARING A. Disposition of Public Property/Request for Easement - Vine Street/Manor Road Applicant: Randall and Lauree Celomak Location: 20150 Vine Street Mayor Love opened the Public Hearing at 7:38 P.M. Director Nielsen explained this Public Hearing was scheduled to consider the request of the applicant to acquire an easement over property owned by the City at 20170 Vine Street. Staff had suggested the possibility of trading property with the applicant, rather than simply selling it to the applicant. The property owner had also expressed interest in tIlis approach. Director Nielsen went on to explain acquiring 17 feet across the front of the Cermak property would bring that segment of road into compliance with the 50-foot right-of-way standard for city streets. The area of the new right-of-way was almost identical to the 15 feet requested by the applicant. Director Nielsen also stated he had received appraisals for the property as requested earlier in the day. He noted the appraiser had been directed to provide valuation opinions for the entire City parcel and also for the easement parcel only. The Cermaks were in attendance tIlis evening, and had indicated an interest in trading the property with the City for tile right-of-way portion. There was no further public testimony. Zerby moved, Turgeon seconded, Approving RESOLUTION NO. 03-016. "A Resolution Approving Subdivision and Combination of Real Property for Randall and Lauree Cermak, 20150 Vine Street." Motion passed 5/0. Mayor Love closed the Public Hearing at 7:39 P.M. B. Request for Vacation of Undeveloped Street Right-of-Way - Enchanted Point Applicant: Rick and Carrie Halvorson Location: 4495 Enchanted Lane Mayor Love opened the Public Hearing at 7:40 P.M. Director Nielsen explained the applicant had requested tile City vacate a small triangle of the right-of-way that adjoined their property at 4495 Enchanted Lane. The area in question consisted of approximately 156 square feet of the right-of-way of Enchanted Point (a paper street) that extended up to their property from the south. This right-of-way had never been developed, and access to their land came from CITY COUNCIL REGULAR MEETING MINUTES February 24, 2003 Page 4 of 9 . Enchanted Lane to the west. The reason for the request was to avoid having to apply for a setback variance to rebuild their front entry. Director Nielsen explained the vacation would not only straighten out their property line, but it also resolved the setback issue. He also explained the only thing that complicated this request was the existence of a sanitary sewer manhole that appeared to be located right next to the area proposed for vacation. This would be simply resolved by the City retaining a utility easement over the vacated roadway. In fact, it was recommended that the property owners provide an additional 15 feet of easement on the north side of the sewer for maintenance purposes. The manhole in question is approximately 14 feet deep, and the additional easement would be useful if it ever needed to be excavated for repair. The City Engineer had reviewed this proposal and agreed with the recommendation to vacate the right-of-way, subject to the property owners providing an updated survey showing the existing sewer and the recommended additional easement. Director Nielsen stated Mrs. Halvorson was present this evening, and she indicated she would answer any questions Council may have had of her. There was no further Public Testimony. Councilmembers Lizee and Zerby stated they had received letters and spoken with people that were not opposed to the vacation, but were concerned with the issues surrounding the easement and vacations of land on similar neighboring properties. Zerby moved, Turgeon seconded, Directing Staff to Prepare Resolution Approving the Vacation of Undeveloped Street Right-of-way for Rick and Carrie Halvorson, 4495 Enchanted Lane. Motion . passed 5/0. Mayor Love closed the Public Hearing at 7:47 P.M. 7. PARKS A. Report on Pa."k Commission Meeting Held February 11, 2003 Commissioner Young reported on the February 11,2003, Park Commission Meeting (as detailed in the minutes of that meeting). Councilmember Turgeon complimented the designs submitted by the Park Foundation for the Buy-A- Brick Program to be displayed at Freeman Park, and stated she hoped to see more information on the project as part of the City's newsletter. B. Proposal from South Tonka Little League . Engineer Brown explained representatives from South Tonka Little League and South Tonka Babe Ruth Associations presented a proposal for changes to Freeman Park at the February 11, 2003 Park Commission Meeting, asking for retrofitting of bleachers at Freeman Park Fields 1, 2, and 3 with safety enclosures and fencing; installation of a warning track on Field 3; and extension of the power poles and netting along the south side ofField 2. The Park Commission recommended approval of expenditures for retrofitting the bleachers to comply with state law. With regard to the installation of a warning track on Field 3, the Commission recommended approval, contingent upon responsibility for relocation of the irrigation system outside of the warning track area to remain with the sports organizations. Regarding the installation of poles and netting between Field I and 2, the Park Commission approved the proposal, . . . CITY COUNCIL REGULAR MEETING MINUTES February 24, 2003 Page 5 of9 contingent upon review by the Public Works Department. Concerns remained regarding whether the installation would impede maintenance or pedestrian travel in any way. Engineer Brown explained Public Works had reviewed the requests, noting neither maintenance, nor pedestrian travel, would be hindered as a result of this request. However, there was concern remaining regarding the visual impact to the aesthetics of the park, creating a substantial visual impact to an already busy area. Jon Guy, representative of Tonka Babe Ruth Association, stated he viewed the request from the issue of safety and also the evolution of the ball fields seemed to occur like cabins, with minor additions over time to improve the overall field. While he had not examined the potential of extension of the chain link fencing to provide protection from errant balls along the baseline due to cost, he stated the netting would provide adequate safety for concerned parties. Councilmember Lizee stated she had examined the site, and she thought there was adequate protection and fencing currently in the area, given the current location and layout of bleachers and dugouts. She stated approval could be given to the warning track and retrofit of the bleachers; however, she could not support the idea of the extension of the poles and netting in the area of Field 1 and 2. COlillcilmember Turgeon agreed, noting the netting adequately covered the bleacher area, and she had not, in past seasons, seen a great deal of people sitting in the proposed expansion areas. She appreciated the contributions by the sports organizations to the Parks, but did not see a need for extension of the poles and netting at this time. Mayor Love also agreed, stating he would like to have a final planned "look" for the fields outlined as the upgrades of the fields continued. He was concerned for the expansion of height of the poles. Attorney Keane clarified issues of liability regarding the proposed plans for Freeman Park. He noted the City customarily went beyond the standard levels of care covered by statute, and standards of care within the City parks exceeded the norms. He stated the Minnesota League of Cities Insurance Trust (MnLCIT) could provide additional information regarding these matters. Council agreed it would be a good idea to have the MnLCIT visit the facilities in the City to provide further proactive measures that could be taken to ensure safety. Turgeon moved, Garfunkel seconded, Approving the Request for Retrofitting of the Bleachers and Installation of a Warning Track by South Tonka Little League and Tonka Babe Ruth Associations, subject to Staff recommendations. Motion passed 5/0. Councilmember Zerby commented he appreciated all the hard work and improvements provided to the facilities by the sports organizations. Mayor Love recessed the meeting at 8: 12 P.M., and reconvened the meeting at 8:22 P.M. 8. PLANNING Commissioner Pisula reported on matters considered and actions taken at the February 18, 2003, Plmming Commission Meeting (as detailed in the minutes of that meeting). A. Setback Variance Applicant: Location: David LaRose 5965 Chaska Road . . . CITY COUNCIL REGULAR MEETING MINUTES February 24, 2003 Page 60f9 Director Nielsen explained the applicant had requested a five-foot side-yard setback variance to build an attached garage and room addition on his home at 5965 Chaska Road. The property in question was located in the R-1C/S, Single-Family ResidentiallShoreland zoning district and contained approximately 40,667 square feet of area. According to the partial survey submitted, the existing home contained approximately 1040 square feet of area on one level. The plans submitted were not adequate to demonstrate if additional basement area existed. The home was located on a level area that was originally cut out of a relatively steep embankment on the east half of the property. The applicant proposed building a 24' x 40' (960 square feet) garage on the south end of the house. This would be connected to the house by a dining room, mudroom and foyer addition, containing 400 square feet. A 1360 square-foot second story was proposed over the garage, and would contain a bedroom/10ft area. Upon analysis, Director Nielsen stated there was nearly 38 feet from the house to the south property line. This was considered more than adequate to fit a 24-foot wide garage. Some redesign, including moving the garage/addition forward, would allow the addition to comply with the minimum 10-foot side yard setback. This would have the added advantage of reducing site alteration and should provide space to accommodate drainage around the building. The result would be a garage-forward design, which was quite common in current construction. The applicant was more than able to make reasonable use of the property. He went on to recommend the redesign should include the location and size of the existing accessory structure in the front yard area. Assuming it was less than 240 square feet in area, the total accessory space on the site would not exceed 1200 square feet and would not require a conditional use permit. It was also considered important that the survey be updated to show all existing structures, the wetland and the current boundaries of the land. The Planning Commission had recommended denial of the variance request in a motion passed 5/2. Director Nielsen also stated Mr. LaRose was present this evening for further comment. David LaRose, 5965 Chaska Road, stated he would like to use the proposed foundation work to enhance the drainage issues surrounding his house. To bring the garage forward would result in loss of driveway space and disturbed vegetation. He also stated he wanted to keep the design of the house open to the front as planned, and proposed plans to the back of the home would help to alleviate drainage issues behind the house. Councilmember Turgeon stated she did not believe this request met the variance criteria, as she could not see a hardship in this case. Mayor Love agreed, and although he thought sites had limitations, it did not seem to meet the criteria necessary in a case such as this one. Turgeon moved, Garfunkel seconded, Directing Staff to Prepare Findings of Fact to Deny a Setback Val'iance for David LaRose, 5965 Chaska Road. Motion passed 5/0. B. Preliminary Plat - Spruce Hill 2nd Addition Applicant: Strategic Holdings, Inc. Location: 25110 Yellowstone Trail Director Nielsen stated representatives of Strategic Holdings, Inc., had purchased the lot at 2511 0 Yellowstone Trail, and proposed to subdivide it into two lots. The property was zoned R-IA, Single- Family Residential and contained 81,400 square feet of area. He also noted the subject property was originally shown as two lots on the plat of Spruce Hill, and at the time the final plat was approved, the developer decided to keep the southerly two lots as one. Upon review of the case, Director Nielsen noted the setbacks for the easterly lot had been shown incorrectly. The north side of the lot was, by definition, the rear of the lot. Consequently, the setback from the north lot line was 50 feet, instead of 10. The westerly lot then would become a side lot line, where only a 10-foot setback was required. . . . CITY COUNCIL REGULAR MEETING MINUTES February 24, 2003 Page 7of9 Sanitary sewer service for the existing home would come from Yellowstone Trail. A second service existed on Yellowstone Trail that could serve the new lot, or it could be served by a service installed as part of the original Spruce Hill plat. Existing trees on the lot were not affected by the subdivision itself. Also, tree preservation and reforestation could be addressed at the time of application for a building permit. Director Nielsen recommended the preliminary plat be approved subject to the following: 1. The final plat must include the description "Block 1". 2. Drainage and utility easements must be provided, 10 feet on each side of the newly created lot line. 3. The applicant must provide an up-to-date (within 30 days) title opinion for the property. 4. The two accessory buildings on the lot must be moved to the westerly lot or removed from the site. The plat indicates that they will be removed. 5. Prior to release of a final plat for the subdivision, the applicant must pay $1500 in park dedication fees and $1200 in local sanitary sewer charges. Credit has been allowed for the lot with the existing home on it. 6. The applicant must submit the final plat within six months of the Council's approval of the preliminary plat. One a final plat has been approved; the applicant must record it within 30 days of Council approval. David Thorpe, representative of the project, stated the garage and gazebo had already been moved, and he would be happy to answer any other questions Council may have had of him. Zerby moved, Lizee seconded, Approving the Preliminary Plat for Spruce Hill 2nd Addition, Strategic Holdings, Inc., 25110 Yellowstone Trail. Motion passed 5/0. 9. GENERAL A. Appointments to the Parks Foundation Zerby moved, Garfunkel seconded, Approving Appointments to the Parks Foundation for Ken Dallman and Gordon Lindstrom to serve as Directors through February 28, 2006. Councilmember Zerby stated he was glad to see these Directors on board on the Parks Foundation Board. Motion passed 5/0. B. Setting the Date for the Second Council Meeting in May Without objection from Council, Mayor Love set the second Council Meeting in the month of May, 2003, as Tuesday, May 27,2003. C. American Legion Liquor License Violation Administrator Dawson reported a violation of the American Legion Liquor License took place in January of 2002. The City was notified of this offense and had been waiting to receive final disposition of this offense before imposing appropriate civil penalties. Administrator Dawson explained the background surrounding this violation as well as potential for final disposition of the case. . . . CITY COUNCIL REGULAR MEETING MINUTES February 24, 2003 Page 8 of9 Zerby moved, Turgeon seconded, Approving a $500 fine, and proof of liquor compliance check training with the South Lake Minnetonka Police Department (SLMPD), or other appropriate agency, by the next training session offered by the SLMPD, with consideration of license suspension if said training is not accomplished. Motion passed 5/0. D. Prioritize 2003 Goals and Priorities List Administrator Dawson reported responses had been gathered and compiled for final consideration. Councilmember Turgeon requested Staff develop a process for Capital Improvement Plan review. Council did not express any objection to include this request in the 2003 Goals and Priorities List. 10. ENGINEERING/PUBLIC WORKS There was nothing further to report at this time. 11. REPORTS A. Administrator & Staff 1. Gideon Glen Mayor Love reported he had met with Hennepin County Commissioner at the request of the Minnehaha Creek Watershed District to discuss the matter. 2. County Road 19 Intersection There was nothing further to report on this matter at this time. 3. Public Safety Facilities Administrator Dawson explained work could possibly cease as a result of the wind chill as certain temperatures dictated non-action by the workers on the Public Safety Facility. He also noted there were a significant number of contractors anticipated to bid on the second Bid Package for the Facility. Award of bids was anticipated to take place on March 18,2003. 4. Smithtown Road project Engineer Brown reported mailings sent to residents along Smithtown Road and the greater area, as well as information being featured in the local newspapers, regarding this project. He also reported a data base had been compiled of residential concerns, and a meeting had been scheduled with the City's engineering consultants regarding project concerns and easements. Mayor Love thanked him for his efforts in this matter. B. Mayor & City Council Councilmember Turgeon questioned the status on the Red Bridge project affecting Shorewood residents in the Island area of Mound. Engineer Brown reviewed the current status of the project. Mayor Love suggested Staff consider mailings to Island residents reflecting the status of the project and anticipated schedule as well as solutions to problems imposed as part of the bridge repair. " . . . CITY COUNCIL REGULAR MEETING MINUTES February 24, 2003 Page 9 of 9 Administrator Dawson reported a burglary had taken place at one of the Shorewood Liquor Stores during the weekend of February 22-23,2003. Appropriate actions were being taken. 12. ADJOURN Lizee moved, Turgeon seconded, Adjourning the Regular City Council Meeting of February 24, 2003, at 9:10 P.M. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary