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060903 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 9, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Turgeon, and Lizee; Administrator Dawson; Attorney Keane; Engineer Brown; and Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Zerby B. Review Agenda Lizee moved, Turgeon seconded, Approving the Agenda as submitted. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 27, 2003 Turgeon moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of May 27, 2003 as submitted. Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, Lizee seconded, Approving the Consent Agenda as submitted. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 03-053, "A Resolution Approving the Final Plat of Linden Hills." C. Dental Insurance Renewals D. Authorization for Expenditure of Funds for a Plasma Cutter E. Authorization for Expenditure of Funds for Badger Well Repair F. Approval of a Fireworks Dealer License - Snyder Drug Store Motion passed 4/0. . . . , CITY COUNCIL REGULAR MEETING MINUTES June 9, 2003 PAGE 2 OF 7 4. MATTERS FROM THE FLOOR Tom Schrieidef,5000Stiburban Drive, distributed a Barking Dog Petition that he and 26 other neighbors had signed regarding the continual, excessive, and untimely barking dogs residing at 20925 Forest Drive and 20965 Forest Drive. He explained that he had originally contacted the City in June of 2002, and that over 172 contacts to the police department had been made in the past. After asking for action last year, Schneider stated that the police indicated that they would look into it. He questioned why only three citations had ever been executed after 172 calls to the police. Mayor Love thanked Mr. Schneider for his presentation and stated that he would ask staff to review the situation. Mayor Love stated that staff had reviewed the ordinance last year and encouraged the police department to enforce the ordinance. He indicated that the item would be on the June 23 City Council agenda. Dawson stated that he had received reports from the police department indicating that they had been out to the residences on multiple occasions, in response to over 100 calls. He noted that the problem seems to be that when the police arrive, the dogs are not barking excessively any longer. Mr. Schneider pointed out that one night last week, the dogs were barking for 1 Y2 hours at 2:00-3 :00 A.M., he drove around the block to check on the noise when he saw a police officer who indicated that he agreed the dogs were in violation; however, when he attempted to issue the owners a citation, no one came to the door. Mayor Love assured Mr. Schneider that staff would contact the police department and review the situation further. 5. REPORTS AND PRESENTATIONS A. County Road #19 Update Jim Grube, Director of the Transportation Department of Hennepin County, gave his monthly County Road 19 intersection update. Mr. Grube admitted that he had hoped to have more news with regard to his meetings with the Mayor of Tonka Bay and the developer to wrap things up; however, he simply stated that time had not allowed him to complete the negotiations. While he had presented the Mayor of Tonka Bay with the County's best and final offer to purchase the liquor store, Grube stated that he would be unable to meet further with their representatives until two weeks from Tuesday evening, at their next City Council meeting. He added that environmental concerns accompany the razing of the liquor store and will be addressed with regard to any asbestos in the floor boards or contamination from the site, as it was once a gas station. With regard to drainage, Grube stated that water control and quality designs are in hand and discussions will continue between the County and the MCWD to obtain the necessary permits. He believed that changes to the details and designs would be complete by the fourth quarter of 2003. CITY COUNCIL REGULAR MEETING MINUTES June 9, 2003 PAGE 3 OF 7 . While Mayor Love understood the County was working towards resolution, he was concerned since the Public Safety Facility would be completed before the intersection. He questioned what safety measures the County would take to ensure adequate traffic controls were in place for this scenario. Grube stated that the County was poised for action, indicating that designs were in hand to ensure the safety of the intersection before its redevelopment is complete. Mayor Love thanked Grube for his frank presentation. B. 2002 Annual Audit Presentation Discussion of 5B was postponed unti1later in the agenda. 6. PARKS Brown indicated that the next Park Commission meeting would take place on June 10, 2003. 7. PLANNING Commissioner Borkon reported on the June 3, 2003, Planning Commission meeting. She stated that the Commission supported the Hermann CUP for Accessory Space in excess of 1200 s.f., 5915 Afton Road, for the construction of a detached garage and the simple subdivision for Dewey Carter, 5655 Fairway Drive. . With regard to the requested Text Amendment for the LR Zoning District and accompanying CUP on behalf of the Shorewood Yacht Club, Borkon indicated that the Crosses gave a presentation which identified their hardship, one that was financial in nature, and their wish to convert the sailing slips to powerboat rentals. After the applicants' presentation, Borkon stated that 8-9 residents spoke in opposition of the application due to erosion to Frog Island, safety concerns, and the effects churning up of phosphates on the bottom of the bay from powerboat activity would have on water quality. The Planning Commission concurred with the residents concerns and voted unanimously to deny the application. Turgeon questioned whether the applicants proposed sectioning off a portion of their rentals for powerboats or if they wished for totally unrestricted use of their slips. Borkon stated that they wished to have unrestricted access of all the slips. A. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet (Att. - Planning Director's memorandum, Draft Resolution) Applicant: Todd Hermann Location: 5915 Afton Road Nielsen explained that the applicant, Mr. Todd Hermann, had applied for a conditional use permit to construct accessory space in excess of 1200 square feet on the property located at 5915 Afton Road. Mr. Hermann was proposing to build a new detached garage to the north and east of the house. Since the area of the garage, combined with a small utility shed on the site and an existing attached garage, exceeds . 1200 square feet, a C.D.P. was required. . . . CITY COUNCIL REGULAR MEETING MINUTES June 9,2003 PAGE 4 OF 7 With regard to Section 1201.03 Subd. 2.d.(4) of the Zoning Code prescribing criteria for granting conditional use permits for accessory space over 1200 square feet, Nielsen explained how the applicant's plans comply with the Code: a. The total area of accessory buildings (1538 square feet) does not exceed the proposed floor area (1560 square feet) above grade of the existing home. b. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R-1A zoning district (.10 x 40,000 = 4000 square feet). c. The proposed garage complies with R-1A setback requirements. Since the structure will be tucked into some rather large evergreen trees, no additional landscaping is considered necessary. d. The architectural character of the new building will be the same as the existing house. Siding and roofing will match the house. Based upon the preceding analysis, Nielsen stated that the Planning Commission recommended that the applicant's request for a conditional use permit be granted. Mr. Hermann had nothing to add. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 03-054, "A Resolution granting a Conditional Use Permit for Additional Space for Todd Hermann, 5915 Afton Road." Motion passed 4/0. B. Minor Subdivision (Att. - Planning Director's memorandum, Draft Resolution) Applicant: Dewey Carter Location: 5655 Fairway Drive Nielsen explained that, Mr. Dewey Carter, representing Tradewinds Concepts and Design, had requested a minor subdivision of the property located at 5655 Fairway Drive. The property is a vacant lot that is part of the Country Club Meadows plat. Nielsen indicated that the applicant proposes to divide the property into two parcels, as was originally platted; however, when the final plat of Country Club Meadows was approved, the developer chose to combine the two parcels in order to avoid having to establish a homeowner's association to own and maintain the southerly parcel. The southerly parcel, previously platted as an outlot, is predominantly wetland and ponding area for Country Club Meadows. Nielsen explained that the reason for putting it back to two parcels is that when it was combined, the required setbacks, by definition, changed to make the northerly parcel unbuildable. Rather than apply for a variance, the applicant has chosen to separate the parcels. With regard to the recommendation, Nielsen recommended that the applicant's attorney prepare protective covenants for both parcels in order to ensure that the outlot remains as part of the other parcel and is unbuildable. Turgeon questioned how drainage problems in this area would be affected by this new construction. Brown stated that the buildable lot will continue to drain into its southerly outlot; therefore, not affect the drainage of other properties. . . . CITY COUNCIL REGULAR MEETING MINUTES June 9, 2003 PAGE 5 OF 7 Garfunkel moved, Turgeon seconded, Adopting RESOLUTION NO. 03-055, "A Resolution Approving the Minor Subdivision of Real Property for Dewey Carter, 5655 Fairway Drive." Motion passed 4/0. Nielsen indicated that he would be compiling a finding of fact with regard to the Shorewood Yacht Club denial by the Planning Commission which would be presented to the City Council in its July meeting. 8. GENERAL/NEW BUSINESS A. 1995 Water Bond Proposed Refunding Finance Director Burton explained that the City could save approximately $35,000 in interest costs by refunding the 1995 G.O. Water Revenue Bonds at a more favorable interest rate. She indicated that Northland Securities had volunteered to prepare a refunding bond for the City Council to consider at its July meeting, with the understanding that, if market situations change, the City would not incur any expenses. Turgeon asked what expenses would be incurred if the City chose to refmance. Burton stated that the $35,000 savings reflected the net savings after all fees were paid. Lizee moved, Garfunkel seconded, to authorize Northland Securities to move forward with preparation of a refunding bond issue for the 1995 G.O. Water Revenue Bonds, with the understanding that in the event the refunding is not completed due to market conditions, the City would not incur any expenses. Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS A. Accept Proposal for Engineering Services for Birch Bluff Road Lift Station #8 Brown explained that the Birch Bluff Road Lift Station was in need of rehabilitation and that it was not uncommon to have to respond to emergencies 2-4 times per week to resolve issues at this station. In an effort to design a standardized lift station, which would reduce costs in the long run, Brown indicated that WSB has presented a proposal that staff believes is in order. Turgeon moved, Garfunkel seconded, to Accept the proposal provided by WSB and Associates, Inc., dated May 5, 2003, for the Birch Bluff Road Lift Station Project. Motion passed 4/0. B. Set Public Information Date for Mallard Lane and Teal Circle Roadway Reconstruction As part of the City's Capital Improvement Program, Brown stated that Mallard Land and Teal Circle have been scheduled for reconstruction this year. In addition, the portion of Wedgewood Drive from Mallard Lane to the cul-de-sac should also be included in the project due to a dramatic change in the subsurface drainage patterns that have saturated the sub grade materials of the roadway. As an interim measure, Brown stated that Public Works staff has installed three underlying drains to keep the remaining structure in a condition that is safe to travel. As part of the public information process, Brown suggested that the first in a series of public information meetings be held on Wednesday, July 9, 2003, from 5:30 to 7:00 P.M. at Shorewood City Hall. . . . . CITY COUNCIL REGULAR MEETING MINUTES June 9, 2003 PAGE 6 OF 7 Turgeon commented that all of Wedgewood Drive really should be redone. Lizee moved, Turgeon seconded, that the first Public Information Meeting for Mallard Lane, Teal Circle, and a portion of Wedgewood Drive be conducted on Wednesday, July 9, 2003, from 5:30 to 7:00 P.M. at Shorewood City Hall. Motion passed 4/0. 10. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson indicated that he had nothing to add to Grube's report. 2. Public Safety Facilities Administrator Dawson stated that the Public Safety Facility was beginning to look like a true building, with the trusses being set today and tomorrow. As the construction was on schedule, Dawson noted that the building should be enclosed by July 10. On a side note, Dawson stated that the City and MCWD were preparing an application for a Metro Environmental Partnership Grant for work to be done on Gideon Glen. 3. Smithtown Road Brown reported that the bids for Smithtown Road were scheduled to be opened on June 11,2003. With regard to drainage issues on Timber Trail, Brown stated that the City is in discussions with several neighbors who have taken it upon themselves to construct a drainage improvement project of their own. While he noted that the City has relayed that it is not acceptable for them to take on a private improvement project upon themselves, he acknowledged that the City may have to arrive at a minor drainage improvement project to satisfy the neighbors. Turgeon asked how long the Highway 5 road construction project would be ongoing, since it is adversely affecting traffic on Highway 41 and 7 currently, which in turn might impact conditions on Smithtown Road. Brown stated that construction was to be complete by July 15-16, 2003. He indicated that they were aware of the traffic concerns and would be watching the back ups on Highways 41 and 7. If conditions warranted, MnDOT would be requested to pay for a special police detail to assist with the backups. B. Mayor & City Council Mayor Love indicated that he and Turgeon had met, once again, with the SLMPD Coordinating Committee Task Force, and had nothing new to report. While it is clear that a language change is necessary, Mayor Love stated that it might be up to three cities to determine what standard of service remams. Turgeon noted that the Chief Litsey would be putting together a final report sheet to present to the member cities. She questioned how the cities might handle a decrease in the budget if this ends up being . . . ~. CITY COUNCIL REGULAR MEETING MINUTES June 9, 2003 PAGE 7 OF 7 the end result. She maintained that there is little to cut when 80% of the police department costs are associated to personnel, and losing a level of service will adversely affect residents. Turgeon feared that the cities would have a beautiful new facility, and no budget to keep it operational, or at minimum level with inflation. Mayor Love concurred, stating that he feared that if a balance could not be struck, they would be simply delaying a major problem. With regard to change orders on the construction project, Love stated that a new standard change order procedure form would be adopted by everyone, rather than using the three versions that exist today. Turgeon stated that she attended the Barbara Schneider Foundation Lunch, during which two South Lake Police Officers were recognized for completing Crisis Intervention Training, a voluntary training program. She indicated that the officers would be presented with a plaque at an upcoming recognition event. Mayor Love pointed out that the South Lake Minnetonka Police Department was one of the first to sign on for this training opportunity. Dawson invited the Council members to attend a walkthrough of the Public Safety Facility next Tuesday, at 4:30 P.M. prior to the EFD meeting. Recess was taken from 7:59 - 8:08 P.M. to allow Auditors time to arrive. As the Auditors had not arrived, item 5B was continued until the next City Council Meeting. 11. ADJOURN Lizee moved, Garfunkel seconded, Adjourning the June 9, 2003, Regular City Council Meeting at 8:09 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Kristi B. Anderson Recording Secretary Woody Love, Mayor ATTEST: