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052703 CC Reg Min . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING TUESDA Y, MAY 27, 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 7:03 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson, Associate Attorney Gump, Engineer Brown (arrived at 7:04 P.M.), Finance Director Burton, and Planning Director Nielsen Absent: None B. Review Agenda Administrator Dawson requested Item 6A be continued to a Regular City Council Meeting in June or July of 2003 and Item 7A, An Update on the Watermain Extension to Linden Hills and the Shorewood Village Shopping Center, be added to the Agenda for the evening. . Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 12, 2003 Turgeon moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of May 12, 2003, as presented. Motion passed 4/0/1, with Zerby abstaining due to absence at that meeting. Engineer Brown arrived at 7:04 P.M. B. City Council Work Session, May 12,2003 Lizee moved, Garfunkel seconded, Approving the City Council Work Session Meeting Minutes of May 12, 2003, as presented. Motion passed 4/0/1, with Zerby abstaining due to absence at that meeting. 3. CONSENT AGENDA Director Nielsen clarified the address listed in Item 3D as 4485 Enchanted Drive. Zerby moved, Lizee seconded, Approving the Consent Agenda as amended. . A. Approval of the Verified Claims List B. Approval of Fireworks Dealer License - Oasis Markets . . . REGULAR CITY COUNCIL MEETING MINUTES MAY 27, 2003 Page 2 of6 C. Appeal Notice to Remove - Extension of Deadline to Comply Appellant: Deborah Carpenter-Rand Location: 5885 Hillendale Road D. Set Public Hearing Date - Right-of-Way Vacation Request Applicant: William Zucco Location: 4485 Enchanted Point E. Adopting RESOLUTION NO. 03-048, "A Resolution Approving the Appointment of Regular Full- Time Liquor Store Clerk II." F. Approval of Contract for Cleaning Services G. Adopting RESOLUTION NO. 03-049, "A Resolution Accepting Bids and A warding Contract for Bituminous Seal Coating with the Cities of Tonka Bay and Excelsior." Motion passed 5/0. 4. MATTERS FROM THE FLOOR (No Council action will be taken.) For the benefit of the audience wishing to address the Council at a later date regarding Item 6A, Director Nielsen explained Item 6A would need to be continued. Council agreed this matter could be continued to July 14,2003. 5. PARKS A. Report on Park Commission Meeting and Work Session Meeting Held May 13, 2003 Commissioner Davis reported on matters considered and action taken at the May 13, 2003, Park Commission Meeting and Work Session Meetings (as detailed in the minutes of that meeting). She also invited Council to a Joint Meeting with the Parks Foundation on June 10, 2003 at 6:00 P.M. at Eddy Station in Freeman Park. Councilmember Turgeon commented she thought the carpooling signs for Freeman Park to be a great idea, and noted there did not seem to be the parking issues at the park prior to the scheduling of games this year by Community Rec. Resources. B. Authorization to Install New Signage at Freeman Park Engineer Brown explained that at the May 13, 2003, Park Commission Meeting, discussions were held regarding a recommendation that ten parking spots be reserved for park patrons that would "car-pool" to the park. A "car-pool" was defined as any vehicle with four or more passengers. These parking spots would be posted near Eddy Station, and would be "self-policing." Councilmember Garfunkel expressed concern for having signage that would not be strictly enforced by the City. He agreed with the motivation behind the request, but was concerned for the situation as he often saw people utilizing handicapped spots that would not fit the appropriate definition of the space. Councilmember Turgeon stated she had seen people follow the one-way signs at the park and hoped park users would do the same with the carpooling signs. Councilmembers Lizee and Zerby agreed. . . . REGULAR CITY COUNCIL MEETING MINUTES MAY 27,2003 Page 3 of6 Councilmember Zerby commented he thought self-policing did work. Councilmember Lizee stated the recommendation encouraged the use of the spots, and that wording would be fitting for this situation. Mayor Love stated he agreed with all Councilmembers, noting it was important to encourage the use of carpooling to help build a certain way of thinking about the spaces, and he also understood the enforcement concerns shared by Councilmember Garfunkel. He stated the idea could be reviewed in a year's time. Councilmember Zerby expressed concern for the rigid structure he believed existed in the park, and stated he thought it was important to balance the needs of the park users with adequate parking. Discussion ensued regarding the possible language for the signage for the car pool spaces. Lizee moved, Turgeon seconded, Authorizing New Carpooling Signage at Freeman Park. Motion passed 5/0. 6. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the May 20,2003, Planning Commission meeting (as detailed in the minutes of that meeting). A. Setback Variance Applicant: John O'Donnell Location: 27100 Edgewood Road This item was continued to the July 14, 2003, Regular City Council Meeting. B. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Mark and Kim Welty Location: 5330 Howard's Point Road Director Nielsen explained the next three items were all for the same kind of Conditional Use Permit request and could be discussed in less detail as a result. Director Nielsen next explained the applicants had proposed building a new detached garage to the north of the house. The proposed garage would be approximately 48-53 feet from the side lot line, approximately 65 from Lake Minnetonka, and 200 feet back from Howard's Point Road. Since the area of the garage, combined with the existing attached garage on the property exceeded 1200 square feet, and would total 1839 square feet, a c.u.P. was required. He noted the property was zoned as part of the Shoreland district and contained 67,801 square feet in area. Director Nielsen stated the request complied with all criteria necessary for the permit, and noted the shed would be moved to comply with the setback areas. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 03-050, "A Resolution approving the Conditional Use Permit for Mark and Kim Welty, 5330 Howard's Point Road." Motion passed 5/0. C. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Michael and Susan Newberg Location: 26045 Birch Bluff Road . . . REGULAR CITY COUNCIL MEETING MINUTES MAY 27, 2003 Page 4 of6 Director Nielsen explained the applicants had submitted plans for a significant, two-level addition to their house at 26045 Birch Bluff Road. The lower level of the addition would consist of two garages, a workshop, and a potting room, totaling 1945.5 square feet of area, thus necessitating a request for c.u.P. He noted the property was zoned Single-Family ResidentiallShoreland and contained 49,266 square feet of area. Director Nielsen went on to explain the existing house was nonconforming with respect to the rear yard setback as it was located less than one foot from the lot line. The proposed addition, however, was over 85 feet from the rear lot line. He went on to state the request complied with all the criteria found in the ordinance, and noted there were two large evergreen trees in front of the existing house, and one would be removed. No additional landscaping was needed. Lizee moved, Garfunkel seconded, Adopting RESOLUTION NO. 03-051, "A Resolution Approving a Conditional Use Permit for Michael and Susan Newberg, 26045 Birch Bluff Road." Motion passed 5/0. D. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Peter and Joan Purcell Location: 23735 Gillette Curve Director Nielsen explained the applicants had proposed to demolish an existing detached garage on the property and replace it with a new larger detached garage to the southwest of the house at 23735 Gillette Curve. Since the area of the garage, combined with a small utility shed on the site, would be 1634 square feet of area, and because the area exceeded 1200 square feet, a c.u.P. request became necessary. He noted the property was zoned Single-Family Residential and contained 23,168 square feet in area. The proposed garage would be located southwest of the existing house, ten feet from the side lot line, and approximately 47 feet from the rear lot line. He stated the City may wish to request some additional landscaping, especially since the west side of the building would be located only 10 feet from the side lot line. He recommended some sort of tall Arborvitae or dense deciduous shrub should be used in this case. Trees should be at least four feet in height, and shrubs at least five-gallon potted in size. Director Nielsen went on to recommend the applicant's request be granted, as it complied with all criteria in the ordinance, subject to the applicant providing a bid for proposed landscaping. From the bid a letter of credit or cash escrow for one-and-one-half times the amount of the work must be submitted with the building permit application. The trees should be planted no later than September 30, 2003. Also, he noted the applicant would be advised through the resolution granting approval that home occupations required a separate permit. This permit does not include any kind of home occupation permit. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 03-052, "A Resolution Approving a Conditional Use Permit for Peter and Joan Purcell, 23735 Gillette Curve." Motion passed 5/0. 7. GENERAL/NEW BUSINESS A. Update on the Watermain Extension to Linden Hills and the Shore wood Village Shopping Center Director Nielsen explained he had met with representatives of the Shorewood Village Shopping Center redevelopment project as they had requested pursuit of city water being brought to the site as part of the redevelopment project. Specifically, the request for City water included placement and/or extension of watermain extending from Gillette Curve beneath Minnetonka Drive across Yellowstone Trail through the Linden Hills plat, to the back of the Shore wood Village Shopping Center. He stated was seeking direction on a request for extension of the watermain to lot and building owned by Mr. Kelly Bosworth, . . . REGULAR CITY COUNCIL MEETING MINUTES MAY 27, 2003 Page 5 of6 of Metro Recovery Resources. He also stated the project would not be completed as a public project, and requested Council consider authorizing WSB and Associates to prepare plans and specifications for the extension with reimbursement for the work being completed returned to the City. He also requested Council consider authorizing Staff to contact residents of Minnetonka Drive regarding the project, and possible interconnection opportunities for residents in that area. Engineer Brown stated there was no intent to route the project down Lake Linden Drive, as it would not be feasible from a cost standpoint. Garfunkel moved, Zerby seconded, Authorizing WSB and Associates to Prepare Plans and Specifications with Reimbursement by the Developer to the City. Motion passed 5/0. Lizee moved, Turgeon seconded, Authorizing Staff to Contact Residents about the Project taking place in their area, as well as interconnection opportunities for stated project. Motion passed 5/0. 8. ENGINEERlNGIPUBLIC WORKS A. Resident Concerns: Drainage on Eureka Road Engineer Brown reported Ms. Katie Snyder, of 5985 Eureka Road, had requested opportunity to address Council regarding drainage concerns for her property. He stated he had spoken with the Snyders explaining the project was on track to replace the cross culvert beneath Eureka Road once school had ended for the season to avoid impeding the flow of bus traffic. Engineer Brown stated he believed the replacement of the culvert would resolved drainage issues in that specific area, but noted the area as a whole drained to a wetland that would not be dredged as part of this project. He also stated the roadway would need to be closed for a day or two, but the City would remain sensitive to closure of Eureka for the resolution of this problem 9. REPORTS A. Administrator & Staff Mayor Love recognized the presence of Hennepin County Commissioner Linda Koblick this evening. Commissioner Koblick stated she was present this evening to introduce herself to Council and assure them that issues affecting residents of Shorewood, such as the potential closure of the suburban district courts, and full-time water patrol staff, as well as discussion on budget costs, were continuing to take place at the County level. 1. County Road 19 Intersection Mayor Love questioned Commissioner Koblick whether resolution of the issues inhibiting the project from taking place had been resolved. Commissioner Koblick responded the County Board continued to support and retain funding for the project as it was considered a necessary, supportable project that the County hoped to proceed with in the near future. Commissioner Koblick also stated she would like to see Shorewood continue growing in its current course, and she noted the City to have good planners and excellent leadership on Staff as well. Mayor Love thanked Commissioner Koblick, on behalf of Council, for attending the meeting this evening. .... .~ REGULAR CITY COUNCIL MEETING MINUTES MAY 27, 2003 Page 6 of6 . 2. Public Safety Facilities Administrator Dawson stated progress continued to be made on the West Side station, and discussions continued with regard to fire flow regulations for water for the East Side facility that were delaying the completion of plans and bidding on that facility. 3. Smithtown Road Engineer Brown stated bids would be opened on June 11, 2003, for the Smithtown Road project. More information would be available at a later date on this matter. Engineer Brown also noted improvements had begun on Wedge wood Drive earlier in the day to attempt to dry out the area. B. Mayor & City Council Mayor Love stated he had been present at the Fire Board meetings in the past two weeks. He also provided brief reports on meetings held regarding the East Side Public Safety Facility, "Opt-Out" transit options, and efforts made in working with the Minnehaha Creek Watershed District cooperative agreement regarding funding for the Gideon Glen Project. Councilmember Zerby reported on the most recent Lake Minnetonka Communications Commission Meeting. . Councilmember Garfunkel stated the Liquor Committee met earlier in the day today to review sketched for the new space at Shorewood Village. He noted the store hoped to be open in September or October of this year. 10. ADJOURN Zerby moved, Lizee seconded, Adjourning the May 27, 2003, Regular City Council Meeting at 8:12 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recordin2 Secretary .