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090803 CC Reg Min ,.."" . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 8, 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 Garfunkel moved, Lizee seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, August 25, 2003 Zerby moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of August 25, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approve Extension for Final Plat of High Pointe P.U.D. Motion passed 5/0. 4. MA TTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Report on Minnetonka Community Education and Services (MCES) activities by Representative Tad Shaw . . . REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 Page 20f7 Tad Shaw, Shorewood Representative to the Minnetonka Community Education and Services Board, presented a report regarding recent actions undertaken by the Board. He noted the Board had held discussions on the annual budget, with action taken to refuse to approve the budget as presented. Thus, the budget was forwarded to the ISD #276 Board without approval thereby expressing the displeasure of the MCES Board. A decision by the Board not to approve the budget was due to beliefs that programming cuts were not correct, and certain wage increases were questioned. He noted the MCES Board continued to work with the School District on these contentious issues. An Annual MCES Board Meeting was being held on October 9, 2003, at the Deephaven Education Center for the purpose of celebrating the efforts of MCES. The public, including City Councils, City Administrators and Staff were invited to attend. Mr. Shaw also noted Representative Barb Sykora was the keynoted speaker for the evening. Mr. Shaw noted the meeting on October 9, 2003, was for the purpose of celebration, not a discussion of budget issues. He noted MCES was considered one of the best community education programs in the State, and Minnesota was considered to be the worldwide leader in providing community education services. Mayor Love questioned Mr. Shaw regarding the contentious issues pertaining to the passing of the budget. Mr. Shaw explained the Board was concerned about its purpose in approval as the cuts and wage increases had already gone into effect by the time the Board had reviewed the budget for approval. As a result, he believed the Board's intentions were not being heard. Mr. Shaw went on to explain this action of disapproval was considered significant, as it was the second year this had happened. In response to Councilmember's Garfunkel regarding the reactions of the School Board to this action, Mr. Shaw explained meetings were being held to further work on resolution to the MCES Board's concerns. Mayor Love thanked Mr. Shaw for his report, and noted his representation of the City was appreciated. 6. PUBLIC HEARING None. 7. PARKS As there had not been a meeting of the Park Commission since the most recent Regular City Council Meeting, there was nothing to report at this time. 8. PLANNING Commissioner Pisula reported on matters considered and actions taken at the September 2, 2003, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Preliminary Plat - Seamans Estates 2nd Addition Applicant: Kim Koehnen Location: 6115 Seaman's Drive Director Nielsen explained the history pertaining to this case, noting that in late 1999, the City approved a plat called Seaman's Estates. At that time, the owner of the property, Kim Koehnen, chose to only submit a final plat for four of the five total lots that were shown on the preliminary plat. The development agreement for the subdivision required that any future resubdivision would be done through a formal platting process. Ms. Koehnen now proposed to split Lot 4 into two lots thus, necessitating the request. . . . REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 Page 3 of7 Director Nielsen went on to explain the platting of the property was addressed in a previous staff report dated 3 November 1999. The only thing that had changed since that time was that Ms. Koehnen has built a new house in place of the original farmhouse that previously occupied the property. Consistent with the earlier report, approval of the preliminary plat was recommended, subject to the remaining conditions pertaining to platting, title opinion, drainage and utility easements, and fees for sanitary sewer access and park dedication. Director Nielsen noted Ms. Koehnen was not able to be present to answer questions this evening. Councilmember Zerby questioned whether the proposed dedication of for right-of-way was sufficient. Director Nielsen explained conveyance had already taken place on the Seaman's Drive portion of the site, but he would corroborate the same information for Yellowstone Trail. Zerby moved, Turgeon seconded, Approving a Preliminary Plat for Seaman's Estates-2nd Addition, for Kim Koehnen, 6115 Seaman's Drive. Motion passed 5/0. B. Concept Stage Plan - Aldenwood P.U.D. Applicant: Mark Kawell Location: 20585 and 20675 Minnetonka Blvd. Director Nielsen provided history of the case, noting the . applicant had arranged to purchase the properties at 20585 and 20675 Minnetonka Boulevard. He proposed combining the two parcels, demolishing the existing house on 20585 and subdividing the property into four building sites. Due to the physical characteristics of the property, Mr. Kawell had requested a conditional use permit for a planned unit development (P.U.D.). Director Nielsen then reviewed issues related to lot size/density, building setbacks, and access/private road, grading, drainage, erosion control, and utilities, tree preservation and reforestation, and park dedication fees. He noted Mr. Kawell stated he was able to accommodate some setback issues by flattening the curve on the proposed looped private drive. Director Nielsen also noted he was familiar with other projects undertaken in the City by Mr. Kawell involving sensitive sites with success. For these reasons, he recommended approval of the concept stage plans for this project. Mr. Kawell was present and stated he would be happy to answer any questions Council may have had of him. Councilmember Turgeon requested clarification on the drainage concerns associated with this project. Engineer Brown explained he was always concerned for the impacts to the abutting properties, as well as wanting to ensure the natural low area being utilized in the center of the looped drive would include adequate hydraulic capacity in outflow structures to mitigate the impacts downstream. He also noted this project required approval of the Minnehaha Creek Watershed District; however, the City often took a more parochial stance on ensuring minimization of impacts downstream. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 03-078, "A Resolution Approving Concept Stage Plans for Aldenwood Planned Unit Development, for Mark Kawell, 20585 and 20675 Minnetonka Boulevard." Motion passed 5/0. REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 Page 4 of7 . C. Conditional Use Permit - Accessory Space over 1200 Sq. Ft. Applicant: Ken Riedel Location: 5995 Cathcart Drive Director Nielsen explained the applicant had applied for a Conditional Use Permit to construct accessory space in excess of 1200 square feet on the property located at 5995 Cathcart Drive. The applicant proposed building a new detached garage to the east of the house, behind his attached garage Since the area of the garage, combined with the existing garage, would exceed 1200 square feet, a c.u.P. was required. Director Nielsen stated the request complied with the criteria established as part of the Zoning Code with regard to this matter. He also recommended the applicant's request for a Conditional Use Permit be granted, subject to putting the owner on notice that the accessory space was not to be utilized for any type of home occupation. Director Nielsen noted Mr. Reidel was not present this evening Councilmember Lizee expressed concern for backing out of the longer drive onto Cathcart Drive. She suggested a turnaround and moving the proposed garage further back into the site. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 03-079, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space for Ken Riedel, 5995 Cathcart Drive." Motion passed 5/0. 9. GENERALINEW BUSINESS . A. Approval of the 2004-2008 Capital Improvement Program Administrator Dawson noted the next two items worked together in consideration of the budget, levy limits, and Truth in Taxation hearings. They had been prepared in accordance with Council discussion and direction at work sessions. Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 03-080, "A Resolution Adopting a Capital Improvement Program for the Years 2004-2008." Motion passed 5/0. B. Approval of the 2004 Proposed Budget Councilmember Zerby stated he appreciated the efforts of City Staff to provide economy in the City's budget. Additionally, he questioned the expenditures associated with purchasing new equipment for emergency siren use without knowing what other member cities were doing. Councilmember Lizee requested additional clarification regarding the specific. purpose of the ability of the requested siren equipment. Engineer Brown explained the purpose. Turgeon moved, Zerby moved, Adopting RESOLUTION NO. 03-081, "A Resolution Setting the 2004 Proposed General Fund Budget and Approving the Proposed 2003 Property Tax Levy, Collectible in 2004." Motion passed 5/0. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 03-082, "A Resolution Setting the Truth-In- Taxation Public Hearing on the Proposed 2004 Budgets and the 2003 Property Tax Levy . Collectible in 2004." Motion passed 5/0. REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 Page 5 of7 . C. Dog Ordinance Amendment Administrator Dawson briefly reviewed the history of the proposed amendment which served to strengthen the current ordinance pertaining to barking dogs in the City. He went on to explain the City's Code identified the nuisance aspect of the ordinance as the criminal acts of dogs and dog owners. The proposed amendment further clarified the nuisance as a property nuisance, thus allowing enforcement to proceed under civil laws for conditions that existed on the property. Various Councilmembers requested clarification about the wording in the amendment. Councilmember Lizee complimented the Planning Commission for its study and consideration of this issue Lizee moved, Zerby seconded, Adopting ORDINANCE NO. 398, "An Ordinance Amending Chapter 701 of the Shorewood City Code Relating to Dogs." and Adopting RESOLUTION NO. 03- 083, "A Resolution Approving Publication of Ordinance #398 by Title and Summary." Councilmember Turgeon requested the South Lake Minnetonka Police Department report back to Council on the implications of enforcing the amended ordinance. Councilmember Zerby agreed, noting he would like to see improved communication between the SLMPD and the City on these issues, as there was a public perception that the City Staff was aware of barking dog situations, and that was not always the case. Motion passed 5/0. . D. Award Bid for Shorewood Liquor Store II (Shorewood Village Shopping Center) Remodeling Contract Finance Director Burton explained bids were received and opened for the "Construction of Shorewood Liquor Store #2" on September 2,2003. Eight bids were received and ranged in price from $117,494 to $154,400. She noted the vendor with the lowest bid had decided construction could be undertaken in the desired timeframe, and the bid had been reviewed for compliance. Zerby moved, Garfunkel seconded, Adopting RESOLUTION NO. 03-084, "A Resolution A warding Bid for the Shorewood Liquor Store II (Shorewood Village Shopping Center) Remodeling Contract." Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Approval of Change Order for Smith town Road Reconstruction Project Engineer Brown stated there had been many changes required with the Smithtown Road Reconstruction Project as a result of verification of the depth of many private utilities located within in the right-of-way. Portions of the utilities were lowered or moved where possible, and designs were modified to overcome various obstacles. The net change to the project thus far was a deduction in cost; however, he anticipated the project might exceed the original contract amount as a result of obstacles associated with the construction of the project. In response to Councilmember Turgeon's question, Engineer Brown explained the project was in its last . phase, and Midwest Asphalt had done a great job in laying the asphalt in front of Minnewashta REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 Page 6 of7 . Elementary prior to the beginning of the school year. As a result of this hard work, the project was three to four weeks ahead of schedule. . . Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 03-085. "A Resolution Approving Change Order #1 for the Smithtown Road Reconstruction Project, City Project No. 01- 07, S.A.P. 216-101-03." Motion passed 5/0. B. Discussion regarding Lake Linden Trail Construction Engineer Brown explained the history of the Lake Linden Trail construction project, noting certain easements had been under negotiation for some time, with one that had not been concluded. After much preparation and consideration, a certain property owner had a change in heart regarding the previously agreed upon conditions pursuant to purchase of the easement for trail access on that property. Because the construction of the trail had stopped on said property as a result of these actions, the contractor responsible for construction of the trail project was requesting a sizable amount of funding to complete the project. After much discussion by Council, Mayor Love requested all parties involved in this issue attend a meeting to bring resolution to the issues of concern as well as completion of the project, as he stated he was quite concerned for the public safety of the residents traversing the roadway. Council directed Staff to schedule a meeting, with all parties involved, as quickly as possible to discuss concerns about the project. C. Discussion regarding Wedgewood Drive, Teal Circle, and Mallard Lane Reconstruction Project. Engineer Brown explained WSB and Associates, the City's consultants, had prepared a preliminary set of design documents for the Wedgewood Drive, Teal Circle, and Mallard Lane reconstruction project. He noted few residents had responded to the concept of installation of City water service. He then noted the conditions of the roadways noting the portion of Wedgewood Drive, especially located north of the LRT Trail, as well as Mallard Lane, and Teal Circle were to be reclaimed with the installation of an edge drain, as well as the installation of curb and gutter for areas being reclaimed to provide edge control and definition to the surface drainage. He then reviewed the schedule for construction of the project, noting its similarity to the Smithtown Road Reconstruction project. Discussion ensued regarding various options available in providing curb and gutter to residents. Councilmember Turgeon suggested the City speak to affected residents through a neighborhood meeting about water service and curb and gutter options. Engineer Brown stated the neighborhood meeting could take place after January 1,2004, with construction following later in that year. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson reported the City of Tonka Bay had accepted an offer from Hennepin County for the Tonka Bay Liquor Store with vacation of the store taking place by November 1, 2003. This ~. . . . REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2003 Page 7 of7 acceptance and vacation was necessary for construction of the County Road 19 Intersection Project to proceed. The Tonka Bay City Council had consideration of the redesigned preliminary layout of the project on the agenda for its September 9,2003, meeting. 2. Public Safety Facilities Administrator Dawson stated bids related to construction of the East Side Public Safety Facility were expected to be approved in mid-October of this year, and occupancy of the West Side Facility slated for the end of the year or early 2004. 3. Smithtown Road Engineer Brown stated the contractor had relayed concerns about the speed of vehicles traversing the construction zone. Mayor Love complimented the contractor on allowing traffic to continue to utilize the roadway while construction was taking place. B. Mayor & City Council Mayor Love noted a forum on Lively Issues was being presented by the League of Women Voters on September 11,2003, at 7:30 P.M. Councilmembers were encouraged to attend. 12. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of September 8, 2003, at 8:55 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor Attest: