052703 CC Reg Min
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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.
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A.
Approval of the Verified Claims List
B. Approval of Fireworks Dealer License - Oasis Markets
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REGULAR CITY COUNCIL MEETING MINUTES
MAY 27, 2003
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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.
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REGULAR CITY COUNCIL MEETING MINUTES
MAY 27,2003
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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
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REGULAR CITY COUNCIL MEETING MINUTES
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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,
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REGULAR CITY COUNCIL MEETING MINUTES
MAY 27, 2003
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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.
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REGULAR CITY COUNCIL MEETING MINUTES
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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
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