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032403 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 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 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton and Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda. Administrator Dawson requested Items 9A4, Changes in Upcoming Meetings, and Item 9A5, Update on Watermain Breaks be added to the Agenda for this meeting. Councilmember Zerby suggested Item 8A be moved to Item 5, given the large number of people present in the audience this evening wishing to hear discussion on this issue. . Zerby moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, March 10, 2003 Turgeon moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of March 10, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Love reviewed the Consent Agenda. Councilmember Turgeon requested Item 3A be removed from the Consent Agenda and moved to Item 7C for further discussion and consideration. Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List (This item was moved to Item 7C for further discussion and consideration.) B. Approval of Expenditure of Funds for a Print Controller C. Adopting RESOLUTION NO. 03-018, "A Resolution Approving Vine Street/Manor Road Property for Randall Cermak, 20150 Vine Street." . . . . . . CITY COUNCIL REGULAR MEETING MINUTES March 24, 2003 Page 2 of9 D. Adopting RESOLUTION NO. 03-019. "A Resolution Approving the Final Plat of Spruce Hill 2nd Addition for Strategic Holdings, Inc., Northwest quadrant of Spruce Hill Court and Yellowstone Trail." E. Adopting RESOLUTION NO. 03-020. "A Resolution Approving Vacating a Portion of the Public Right-of-Way of Enchanted Point for Rick and Carrie Halvorson, 4495 Enchanted Lane." Motion passed 5/0. 4. MA TTERS FROM THE FLOOR Tom Kelsey, 5705 Smithtown Way, invited Council and residents to participate in the Minnewashta Walk-in on April 22, 2003. This event invited residents and students to walk to school on that day instead of taking the bus or being driven. He stated this event in the past had included police escorts and news coverage. He went on to invite anyone interested in welcoming and celebrating the protection of natural environment to participate in this event. He also stated he wanted to add his voice to support all of the Council's and residents' efforts to made pedestrian safe within the City. 5. ENGINEERING/PUBLIC WORKS A. Smithtown Road Discussion (This item was moved from Item SA) Engineer Brown explained that at the March 10, 2003, Regular City Council meeting, the Council had directed Staff to provide and update at this meeting regarding the right-of-way process, and to provide a description or graphics demonstrating the impacts to properties along Smithtown Road. Engineer Brown then reviewed the easements and construction impacts on the 14 properties on the north side of Smithtown Road, west to the LRT Trail for which there was not public right-of-way. He noted, with the assistance ofWSB and Associates, Staff had received clear feedback bye-mail or discussion from all 14 owners where easements were needed. Of these 14 properties, only two owners had indicated a willingness to sign an easement agreement, with one stating this was contingent upon what the entire neighborhood desired. Next Engineer Brown reviewed the roadway widths and impacts, impacts to wetlands, and supporting information for the walkway location. He went on to state there appeared to be three options available regarding this project. The first option included moving forward with the acquisition of land necessary to construct the walkway. The second included the option to separate the roadway project and walkway project, and proceed with the roadway project while continuing to work on the issues surrounding the trail project. The third option was to construct only the roadway project. Councilmember Turgeon thanked Engineer Brown for his efforts, noting the last time Council voted on this matter, the action did not indicate the project would move forward as planned. She stated she did not want to see this roadway project delayed as the County Road 19 project had been delayed. Further she stated the Council had spent five years trying to gain residential input on the walkway. She thought it appropriate to abandon the trail project at this time and move forward with the roadway project. She also stated the neighborhood survey recently shared with Council did not influence her decision, and she encouraged residents to get involved earlier in the process in issues of concern. She also stated she was concerned for having to mitigate the wetland issue that she had not been aware of earlier in the process. Councilmember Garfunkel agreed with Councilmember Turgeon's comments regarding the roadway project. He stated he was concerned clear consensus had not been given by residents, nor was appropriate funding available for such a project. . . . . . CITY COUNCIL REGULAR MEETING MINUTES March 24, 2003 Page 3 of9 Mayor Love commented he wanted residents to know he had pmticipated in the public process in this matter, and he viewed the neighborhood as including properties off Smithtown Road as well. Further, he stated, Smithtown Road was utilized by many residents for a variety of purposes, and City policy did not assess propertyowners for improvements to the roadway as other municipalities often did in a project such as this one. He stated he could not support not continuing discussions on the trail, he did not want to wait a year, and hoped to have the roadway improvement this year. Councilmember Lizee stated she agreed the roadway needed to be improved, and she did not want put the issue of the trail aside for the reclamation project. She wished to continue to work with residents along Smithtown Road to acquire right-of-way easements, as she believed in the greater public interests in this case, and she also thought it was the responsibility of government to protect citizens and provide safe passages for them. She stated this road needed to be able to move both cars and people safely throughout this area of the City. Councilmember Garfunkel expressed concern for the "missing link" in the process in this case, and the City should do more to engage its residents in the process. Councilmember Zerby stated he did not agree with Councilmember Garfunkel, as this issue had been discussed in numerous public meetings where citizens had been asked for input on a number of variables affecting the project's outcome. No consensus had ever been given by residents in this project, and as a result, Council had agreed it was important to move ahead with a carefully reviewed plan and look for a reaction to that plan. He stated he was glad people were sharing their views on this project as it was difficult to know what was wanted without a plan that could be shared with residents for the trail project. Mayor Love requested consensus on the three options presented by Engineer Brown with regard to the trail and roadway projects. Councilmember Garfunkel stated he was not opposed to continuing a dialogue with residents on the project; however, he wanted to understand how the plan for the project would move forward from this point. Councilmember Turgeon agreed, questioning what the plan for moving forward would be based upon. Mayor Love stated he would not like to see the process stopped at this point, and to the end, that tonight's meeting was not noticed as a Public Hearing. It would be unfair to deduce the trail project was not wanted based solely on the number of people in the room voicing opinions this evening. He stated he wanted to have all parties have the opportunity to be heard, and asked Staff to layout a process for consideration at the next Council meeting for how this process could take place. Councilmembers Garfunkel, Lizee, and Tllrg~on agreed it was important to work with the alternatives for the trail project previously designed, and to have a decision made in the next few weeks that left no uncertainty as to the outcome of the trail issue on Smithtown Road. Turgeon moved, Garfunkel seconded, proceeding with plans for a two-foot wide shoulder on the north side of the roadway, and four-foot wide shoulder on the south side of the reclamation project. Councilmember Garfunkel questioned the overall width of the roadway. Engineer Brown explained, that from a technical standpoint, Smithtown Road, in spite of the improvements would remain a narrow roadway. Councilmember Zerby stated he was in favor of the traffic calming measures in place as part of the roadway project, including the narrowing of the lanes to reduce speed, and the shoulder would allow for a . . . . . CITY COUNCIL REGULAR MEETING MINUTES March 24, 2003 Page 4 of9 place for vehicles to pull over in an emergency situation. He stated he did not want the trail to stand in the way of the roadway project. Engineer Brown explained the drainage issue heard from residents could be addressed with edge drains and catch basins already part of the proposed roadway project. He also went on to explain the timeline for the reclamation project, noting it would most likely take ninety days with the project starting in mid- July, and would occur in three sections. This plan was done purposely to allow the roadway to remain drivable and to minimize disruptions to refuse collection and mail delivery. Motion passed 5/0. Zerby moved, directing staff to prepare alternatives for continuing the trail process in the next three weeks with regard to participating in further dialogue with residents regarding a potential trail along Smith town Road. Councilmember Garfunkel stated it was important to expand the outreach area to gain a true consensus on the issue. Mayor Love stated he thought it important to do another trail walk and include people off the immediate roadway and trail area. Councilmember Turgeon stated she wished to have further discussions on the funding for the trail portion of the project, and the wetland mitigation issue, as she believed the resolution to this issue would come down to the feasibility of all these factors in the project. Turgeon seconded the motion. Engineer Brown stated he would prepare mailings to area residents regarding the proposed developments ofthe project. Motion passed 5/0. Mayor Love recessed the meeting at 7:48 P.M., and reconvened the meeting at 8:03 P.M. 5. PARKS A. Report on Park Commission Meeting Held March 11, 2003 Commissioner Meyer reported on matters considered and actions taken at the March 11,2003, Park Commission Meeting (as detailed in the minutes of that meeting). B. Dog Ordinance Amendment Councilmember Turgeon stated there were discrepancies in the proposed ordinance for this meeting, and the report given by Commissioner Meyer. Administrator Dawson agreed, noting a revised ordinance would be prepared for the April 14 Regular City Council Meeting. Councilmembers clarified issues regarding the concession stand at Eddy Station in Freeman Park, and also questioned the rationale and issues regarding the proposed dog ordinance amendment, as well as enforcement and compliance for such an ordinance. '. CITY COUNCIL REGULAR MEETING MINUTES March 24, 2003 Page 5 of9 . 6. PLANNING Councilmember Garfunkel recused himself from issues pertaining to Item 6A and 6B to avoid the appearance of conflict of interest. Commissioner White reported there had not been a meeting of the Planning Commission since the most recent Regular City Council meeting; thus, there was nothing new to report. She stated she would remain present for any questions Council may have of her regarding recommendations made by the Planning Commission on issues for consideration heard this evening. A. Concept, Development Stage and Final Plan -Shorewood Village P.U.D. (Revised Final Plat) Applicant: Location: Shorewood Village, Inc. Shorewood Shopping Center . Director Nielsen explained the next two items were related, and could be explained together. He stated construction had begun on the CUB Foods Store at the Shorewood Village Shopping Center. As part of the financing for the project, lenders required the grocery store occupy its own parcel of ground. Staff had directed the developer to apply for a Conditional Use Permit for a Planned Unit Development (P.UD.), as a P.UD. contained the mechanics for the proposed "zero lot line" arrangement necessary for the site, as well as the joint use of parking and drainage areas. It also ensured the development agreement executed in conjunction with the original CUB Foods store addition would continue to apply to both parcels. The issue was essentially a legal matter of drafting an addendum or amendment to the original development agreement that tied both parcels to the requirements imposed on the property. He noted the City Attorney had drafted such an addendum for recording the final plat (replat). Upon approval of the resolution approving the final plat, the developer must record the addendum and the development agreement with the County within 30 days of Council approval. Director Nielsen went on to explain the second issue involved a request for multiple signage for the Shopping Center. He reviewed the design and measurements of the proposed signage, noting the Zoning Code limited the sign to 20 feet in height, where a 30-foot height had been proposed. He also recommended the sign be shifted west as far as possible to maintain adequate sight triangles for the main entry in to the property. Director Nielsen also recommended the allocation for interior tenants be increased accordingly with the regulations based upon the 10 percent requirement. Also, he noted the new C.UP. would contain the same language from the development agreement for the project, which stated the City might remove unauthorized signs at any time. John Scalzo, of Dahlgren, Shardlow, and Uban, Inc., stated he was present this evening to answer any questions Council may have had of him. Turgeon moved, Lizee seconded, Approving RESOLUTION NO. 03-021. "A Resolution Approving the Concept, Development, and Final Plat for the Shorewood Village P.U.D., subject to Staff recommendations, for Shorewood Village, Inc., Shorewood Village Shopping Center. Motion passed 5/0 (Garfunkel recused) B. Conditional Use Permit for Multiple Signage Applicant: Shorewood Village, Inc. Location: Shorewood Shopping Center . CITY COUNCIL REGULAR MEETING MINUTES March 24, 2003 Page 60f9 . Turgeon moved, Lizee seconded, Directing Staff to Prepare a Findings of Fact to Grant Approval of a Conditional Use Permit for Multiple Signage, subject to Staff recommendations, for Shorewood Village, Inc., Shorewood Shopping Center. Motion passed 4/0 (Garfunkel recused) Councilmember Garfunkel returned to Council Chambers. C. Development Stage Approval- High Ponte P.U.D. Applicant: Lecy Construction Location: 23520/23570 State Highway 7 Director Nielsen reviewed the history of the project, noting in November of last year the Planning Commission conducted a public hearing to consider a three-lot subdivision called High Pointe. The Commission recommended the City Council approve the concept stage plans, but continued discussion of the development stage plans pending resolution of certain issues raised by staff. These issues had been addressed, and were ready for further consideration this evening. Regarding the issue of ponding, the preliminary grading plan for the project showed a small detention pond on the northwest side of the proposed street. The City Engineer must approve the location of the pond, and the size of the pond was also subject to the Engineer's approval as part of the final plat. He also explained runoff calculations should be submitted with the final plat to verify pond sizing. Director Nielsen noted the northerly portion of the site had been designated as an outlot, and as such, would not be buildable until formally replatted. He also noted all proposed lots met the standards of the RI-C Zoning District. . Director Nielsen also explained the developer would be donating a portion of the development for conservation open space. Acting Mayor Garfunkel assumed mayoral duties as Mayor Love left the room at 8:40 P.M. Turgeon moved, Zerby seconded, Approving Development Stage Plans for High Pointe P.U.D. for Lecy Construction, 23520/23570 State Highway 7. Motion passed 4/0, with Love not being present. D. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Steve Hanson Location: 28105 Boulder Bridge Drive Director Nielsen explained the applicant has applied for a Conditional Use Permit (C.u.P.) to construct an attached garage and room addition on his property, located at 28105 Boulder Bridge Drive. The property was zoned P.U.D./S, Planned Unit DevelopmentlShoreland, and contained 33,060 square feet of area. He went on to explain the existing house combined with the new additions would contain approximately 6142 square feet of floor area in the two levels above grade. The existing garage currently contained 960 square feet of floor area, and the proposed garage contained an additional 400 square feet, which brought the total area of accessory space on the site to 1360 square feet, and thus, necessitated the request for a c.u.P. He noted the new garage would be an extension of the existing garage, and the second level living space would be built over both the existing garage as well as the new garage. . With regard to the criteria for granting this type of c.u.P., Director Nielsen stated the project did not exceed the total floor area above grade of the principal structure, and also did not exceed ten percent of the minimum lot area for the P.U.D./S Zoning District. He noted while the property complied with the CITY COUNCIL REGULAR MEETING MINUTES March 24, 2003 Page 7 of9 . setback requirements of the P.U.D./S Zoning District, the property was cUlTently nonconforming with respect to hardcover. The applicant proposed reducing the amount of hardcover by eliminating one of the driveway entrances and necking down the existing driveway to bring the hardcover from 26.7 to 25.9 percent. Additionally, the new garage addition would be integrated into the architecture of the existing house, and no additional landscape was required at this time. Mayor Love returned to Council Chambers and mayoral duties at 8:45 P.M. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 03-022, "A Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet for Steve Hanson, 28105 Boulder Bridge Drive. Motion passed 5/0. E. Comprehensive Plan Amendment/Rezoning - Capestone Ponds P.D.D. Applicant: Capestone Builders, Inc. Location: 20775 Manor Road (Carmichael Auto Salvage) . Director Nielsen explained this matter had been continued from the February 4, 2003, Planning Commission meeting, pending receipt of the environmental studies ordered for the site. The City had received the Phase I and Limited Phase II Environmental Site Assessments, prepared by Liesch Associates, Inc. Director Nielsen also noted the site boundary issue had been resolved, noting the entire site was located within the Shorewood City limits. Director Nielsen recommended the Comprehensive Plan be amended, revising the Proposed Land Use map from "Minimum Density Residential (0-1 units per acre)" to "Low to Medium Density (2-3 units per acre)." Also, the area plan for Planning District 12 should include language tying the increased density to the provision of City services (e.g., municipal water). He further recommended that the Concept Plan be approved subject to the recommendations included in the Planning and Engineering staff reports distributed for the February 4, 2003, Planning Commission Meeting, and the Park Commission's recommendations should be incorporated into the Development Stage approvals for the project as well. In addition, he noted the addition of municipal water services would provide a valuable extension to the City's water system, as it would add approximately 24 users to the system. Director Nielsen also explained the rezoning would allow for "zero lot line" in a Planned Unit Development, and would also include a private roadway to be owned and maintained by the Homeowners' Association for the project. He also noted environmental studies were part of the project, and reviewed the anticipated upcoming phases of the Work Plan associated with these studies to be done in conjunction with the Minnesota Pollution Control Agency. Director Nielsen noted no developer was present to speak to the project this evening; however the developer had respectfully declined providing a trail along the edge of the property for this site. Turgeon moved, Lizee seconded, Amending the Comprehensive Plan as part of the Capestone P.D.D. for Capestone Builders, Inc., 20775 Manor Road. Motion passed 5/0. Turgeon moved, Lizee seconded, Approving Concept Stage Plans for Capestone Builders, Inc., 20775 Manor Road. Motion passed 5/0. Mayor Love recessed the meeting at 9: 14 P.M. and reconvened the meeting at 9: 17 P.M. . . . . '. CITY COUNCIL REGULAR MEETING MINUTES March 24, 2003 Page 8 of 9 7. GENERAL/NEW BUSINESS A. Set joint meeting with Park Commission and Planning Commission Council agreed to meet jointly with the Park Commission and Planning Commission on April 15, 2003, at 5:45 P.M. in Council Chambers at City Hall. B. Resolution regarding Suburban Hennepin Courts Administrator Dawson explained Hennepin County District Court was considering the closure of its suburban courts as a budget management strategy. He noted a draft resolution was prepared for Council's action on the matter. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 03-023, "A Resolution Opposing the Closure of any Suburban Hennepin Court Facility and Requesting the Hennepin District Court to Work Cooperatively in Designing Possible Responses to State Funding Reductions." Motion passed 5/0. C. Approval ofthe Verified Claims List Councilmember Turgeon requested clarification on two issues; one payable to Tonka Bay and the second to the South Lake Minnetonka Police Department. Finance Director Burton provided clarification on these issues. Turgeon moved, Zerby seconded, Approving the Verified Claims, withholding payment of the claims to South Lake Minnetonka Police Department pending further clarification of said claim. Motion passed 5/0. 8. ENGINEERING/PUBLIC WORKS A. Smithtown Road Discussion (This item was moved to Item 5) 9. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson shared a memorandum regarding progress being made in the County Road 19 intersection project. Various Councilmembers expressed frustration with the delay in the project, and associated increases in cost for the project despite the efforts of Jim Grube, Director of Transportation for Hennepin County. Engineer Brown stated Mr. Grube had stated he would begin to work the issues associated with a cooperative agreement for this project, and Engineer Brown also stated he firmly believed a project would begin to take place this year with final construction occurring in the Year 2004. He also stated issues continued to be discussed regarding appropriate signalization for the temporary signal at the intersection this year. . . . "'" CITY COUNCIL REGULAR MEETING MINUTES March 24, 2003 Page 9 of9 At Council's request, Administrator Dawson stated he would ask that Mr. Grube be present at the April 14, 2003, Regular City Council Meeting. 2. Public Safety Facilities Administrator Dawson stated work continued on the Public Safety Facilities, and there had yet to be final decisions on issues associated with the East Side Station. 3. Gideon Glen Administrator Dawson explained preliminary discussions of a cooperative agreement were taking place with the Director of the Minnehaha Creek Watershed District regarding this project. 4. Changes in Upcoming Meetings Administrator Dawson explained the possibility of changes to the meeting schedule in April for Council. 5. Update on Watermain Breaks Engineer Brown reported there had recently been two watermain breaks in the City due to frost heaves. He also noted, in response to Councilmember Zerby's question, that temporary shoring of the "Red Bridge" to Enchanted Island had taken place and construction would most likely begin early in the construction season for this year. B. Mayor & City Council There was nothing further to report. 10. ADJOURN Garfunkel moved, Zerby seconded, adjourning the Regular City Council Meeting of March 24, 2003, at 10:03 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary OJU Woody Love, Mayor