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102703 CC Reg Min . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 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 7:01 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane (arrived 7:03 P.M.); Engineer Brown; Finance Director Burton; Planning Director Nielsen; and Planning Commission Liaison Woodruff Absent: None B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Administrator Dawson stated Item 6A would be continued to the November 10, 2003, Regular City Council Meeting. Engineer Brown stated Item 3H was to be removed from the Consent Agenda for the evening, as it would appear on a future Regular City Council Meeting Agenda. . Lizee moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Joint City Council, Park Commission, Planning Commission Meeting Minutes of October 6, 2003 Turgeon moved, Zerby seconded, Approving the Joint City Council, Park Commission, and Planning Commission Meeting of October 6, 2003, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, October 13, 2003 Zerby moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of October 13, 2003, as amended, on Page 6, Item 9C, Paragraph 3, change "twenty people" to twenty Councilmembers." Motion passed 5/0. C. City Council Work Session Meeting Minutes, October 20, 2003 Lizee moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of October 20, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA . Zerby moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 2003 Page 2 of7 . A. B. C. D. E. F. G . Approval of the Veritied Claims List Adopting RESOLUTION NO. 03-090, "A Resolution Approving Licenses to Sell Tobacco Products." Appeal of Deadline to Correct Zoning Violations at 5810 Ridge Road Authorize Expenditure of Funds for a Utility Body Adopting RESOLUTION NO. 03-091, "A Resolution Approving Smithtown Estates Final Plat." Adopting RESOLUTION NO. 03-092, "A Resolution Granting Preliminary Plat Approval for John Pastuck Addition." Adopting RESOLUTION NO. 03-093, "A Resolution Approving Plans, Specifications, and Estimate, and Authorize Request for Solicitation of Quotes for LED Signal." H. Approve plans, specifications, and estimate, and authorize request for solicitation of quotes for advanced warning flashers for the SLMPD/EFD (This item was deleted from the Consent Agenda.) I. Approving a Temporary Sign Permit for Shorewood Liquors Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING A. Approval of Certification of Delinquent Utility Charges Garfunkel moved, Turgeon seconded, Continuing this matter to the November 10,2003, Regular City Council Meeting Agenda. Motion passed 5/0. 7. PARKS Engineer Brown reported on the Park Commission Seminar held October 14, 2003, at the South Shore Community Senior Center. He noted the attendance of several other Park Commission members from other nearby municipalities, as well as representatives of the Minnesota Recreation and Park Association, and Community Rec. Resources, the consulting firm that provided Park Coordinator Services to the City for the past year. . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 2003 Page 3 of7 . 7. PLANNING Commissioner Woodruff reported on matters considered and action taken at the October 21, 2003, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Setback Variance Applicant: Nancy Osgood Location: 4640 Lakeway Terrace Director Nielsen explained the applicant had requested a setback variance to expand her existing garage at 4640 Lakeway Terrace. Her property was a comer lot, located in the R-ID/S, Single-Family ResidentiallShoreland zoning district. The existing house and attached garage were nonconforming with respect to the north side yard setback. Instead of the required 30 feet, the garage was 24 feet. Ms. Osgood wished to expand the garage 4.3 feet further into the setback. He also noted the property contained 18,634 square feet of area and was approximately 80 feet wide. The house was built before the current zoning requirements and the garage was less than 20 feet wide. The variance would provide a standard 24-foot, 2-car width for the garage. . Director Nielsen further explained the City had an unwritten policy that the inability to have a two-car garage in Minnesota constituted a hardship. The proposed garage would measure 22.7' x 24'. Staff considered alternatives to the variance, such as building additional detached space on the back of the lot. However, a garage located on the rear part of the lot would necessitate another driveway entrance from Minnetonka Boulevard. He stated good planning avoided direct access to collector streets to the extent possible, and approval had been recommended from the Planning Commission with the stipulation that there be no future access to the property from Minnetonka Boulevard. Director Nielsen noted Ms. Osgood was not able to be present this evening. Turgeon moved, Zerby seconded, Approving a Setback Variance for Nancy Osgood, 4640 Lakeway Terrace. Motion passed 5/0 B. Wetland Setback Variance Applicant: Mike Seifert and Jon Robs Location: 5965 and 5975 Lake Linden Court . Director Nielsen stated the Mike Seifert, owner and developer of the Linden Hills residential development project, located on the south side of Yellowstone Trail, east of Lake Linden Drive, had requested relief from the City in the form of wetland setback variances for Lots 4 and 5. As part of the platting process, Mr. Seifert contracted to have any wetlands on the property delineated. The obvious wetland on the property was the basin historically referred to as Lake Linden. The wetland scientist performing the work also addressed two other low areas on the property, determining that they were not wetlands. The Minnehaha Creek Watershed District (MCWD) insisted that one of the basins, located between Lots 4 and 5, be shown as a Type I wetland, from which they require a 16.5-foot buffer. Since this did not appear at the time to adversely affect the two lots, a drainage and utility easement was included on the plat for Linden Hills. In the process of laying out building sites for the project, Mr. Seifert became aware that the City's wetland buffer and setback requirements were more stringent than those of the Watershed District. Shorewood required a 35-foot natural buffer and a IS-foot setback from the buffer, a total of 50 feet. He noted the process utilized by the MCWD in considering the wetland, and also noted tbe wetland delineator had, on three separate occasions, stated this area was not a wetland. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 2003 Page 40f7 . Director Nielsen noted the Planning Commission had recommended approval of the proposed variance, subject to Staff recommendations, markers being placed on the site to designate the wetland area, and a 16.5-foot buffer with a 35-foot setback around the wetland. Jon Rohs, owner of Jon Rohs Construction, stated he and Mr. Seifert were trying to work with the landscaping as a buffered area on the site. He stated he had considered the complexities of arguing the matter further with the MCWD, but decided it would be more prudent to try to work with the City instead to resolve the buffer issue. He went on to state he had considerable experience building on difficult sites in the area, and noted this site would be challenging, should Council request moving the building sites to a different location on the property. He disagreed with the idea that this site contained a wetland, but thought granting the variance would allow the building to proceed. Discussion ensued regarding clarification on the buffer zone for the "wetland" area. Councilmember Turgeon stated she was disappointed the MCWD guidelines were not compatible with the City's in this case, as both parties were aware of buffer guidelines for the other. Mayor Love stated he believed the Type 1 designation to be debatable in this case, and thought a compromise to support the recommendations from the Planning Commission would be appropriate. Zerby moved, Turgeon seconded, Granting a Wetland Setback Variance, subject to Staff recommendations, markers being placed on the site to designate the wetland area, and a 16.5-foot buffer with a 35-foot setback around the wetland, for Mike Seifert and Jon Robs, 5965 and 5975 Lake Linden Court. Motion passed 5/0. . C. Conditional Use Permit - Accessory Space over 1200 Sq. Ft Applicant: T.J. Maurer Const. (rep. Gary and Elaine Jarrett) Location: 5315 Howards Point Road Director Nielsen stated Timothy Maurer, TJ. Maurer Construction, on behalf of Mr. and Mrs. Jarrett, had applied for a Conditional Use Permit to construct an attached garage and room additions on their property located at 5315 Howard's Point Road. The floor area of the new garage, when combined with the existing attached garage brought the total area of accessory space on the property over 1200 square feet, and thus necessitated the request. The property was zoned R-1A1S, Single-Family ResidentiallShoreland and contains 52,421 square feet of area. The existing house plus the new additions would contain approximately 4929 square feet of floor area in the two levels above grade. The existing garage contained 832 square feet of floor area. The proposed garage contained an additional 468 square feet, which brought the total area of accessory space on the site to 1300 square feet. The new garage would be an extension of the existing garage. As part of the project, a second level living space would be built over both the existing garage as well as the new garage. Director Nielsen stated the request complied with all criteria for the City Code. Hardcover on the property would increase from 22.1 to 23 percent. He also noted that although five garage doors would be visible on the east elevation, existing cedar trees to the east would mitigate the view. . Director Nielsen stated he had received information from the applicant earlier in the day indicating the overall hardcover amount, as shown on the survey, had increased from what the applicant had originally thought, but the applicant was willing to remove existing hardcover on the site to bring it below the required 25% for the property. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 2003 Page 50f7 . Councilmember Turgeon expressed concern for a completion date for removal of the existing hardcover, and requested that information be made part of the resolution on the matter. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 03-094, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space, subject to the stipulation that the hardcover be corrected this fall or the owner would provide a cash escrow to guarantee the completion of the removal of said hardcover by June 1, 2004, for Gary and Elaine Jarrett, 5315 Howard's Point Road." Motion passed 5/0. D. Conditional Use Permit - Accessory Space over 1200 Sq. Ft. Applicant: Water Street Homes, LLC Location: 5935 Lake Linden Court Director Nielsen explained Water Street Homes was in the process of constructing a new home on the property located at 5935 Lake Linden Court. The applicant had chosen to include space under the attached garage for additional storage. The total floor area of the two garage levels would be greater than 1200 square feet in area and the applicant therefore had requested a Conditional Use Permit. The property was zoned R-IC, Single-Family Residential and contained approximately 27,200 square feet in area. The garage areas were located on the northwest end of the home and contained 890 square feet of area on the upper level, arid 808 square feet on the lowefleveLTheproposed home. contained.. 3566 square feet on two floors (not including the basement). He noted the applicant's request met all criteria for a Conditional Use Permit, and Staff and the Planning Commission recommended approval. . Garfunkel moved, Zerby seconded, Adopting RESOLUTION NO. 03-095, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space for Water Street Homes, LLC, 5935 Lake Linden Court." Motion passed 5/0. 9. GENERALINEW BUSINESS None. 10. ENGINEERINGIPUBLIC WORKS A. Declaring Public Purpose - Lake Linden Trail Engineer Brown explained Council was considering a resolution that would declare the Public Purpose and commence the eminent domain proceedings for the portion of right-of-way necessary to complete the trail along Lake Linden Drive. The property currently existed as 6030 and 6040 Lake Linden Drive. Engineer Brown also noted the area to be acquired as permanent right-of-way was two feet west of the westerly edge of the proposed trail. An additional temporary construction easement of lO-feet was also proposed as part of the project. This easement would expire after completion of construction. Mayor Love thanked the Staff for its work in bringing this resolution to fruition. Attorney Keane, in response to Councilmember Turgeon's question, explained the eminent domain proceeding process. . Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 03-096, "A Resolution Relating to the Acquisition of Property for Lake Linden Drive Right-of-Way." Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 2003 Page 6 of7 B. Accept Proposal for Streetscape Design Services - County Road 19 Realignment Project Engineer Brown explained WSB and Associates, Inc., the City's consulting engineering fIrm, had submitted a proposal from Brauer and Associates for Streetscape design services as part of the County Road 19 Realignment project. He then reviewed the history of the project to date, noting that design of the street lighting and streetscape was not included as part of the contract with Hennepin County. The County was willing to incorporate the work into the project; however, the design, construction costs for the design, and fInancial responsibility for design and construction of the streetscape was to be borne by the City. Engineer Brown then reviewed the elements of the proposal from WSB and Associates, noting the proposal included a cost not to exceed $21,293, of which $6,000, plus expenses, would be performed by Brauer and Associates for the streetscape design. He stated this project would be funded through the Municipal State Aid and local roadways funds. Councilmember Zerby stated the project design was beautiful, but he was concerned certain parameters needed to be given for the design costs. Engineer Brown explained the proposal included a "not to exceed" clause and would be returned to the Park and Planning Commissions as well as Council for additional comment. Engi.neerBrowii,in . response. to CriuiicilriieriibeiTiifgeon' sqtiestiort;.. explairtedthe.. process for securing and utilizing the funds in the Municipal State Aid account. He noted there was some flexibility in this account until the Smithtown Road project was complete, and then he would be able to provide more definitive answers at a later date regarding the funding issues associated with this project. Zerby moved, Lizee seconded, Accepting the Proposal for Streetscape Design Services, not to exceed $21,293, for the County Road 19 Realignment Project. Motion passed 5/0. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown reported he had met parties involved in construction of the County Road 19 Intersection project in effort to get the design process moving forward. He noted the addition of the streetscape items would be challenging. The City had requested additional left turn lanes as part of the preliminary layout for the overall project. More information would be provided later as the project progressed. Administrator Dawson noted the Metropolitan Council had agreed to provide $75,000 as part of a Metropolitan Environmental Partnership Grant for Gideon Glen. He also congratulated Gregory DeJute on having the Eagle Scout status conferred upon him. Mr. DeJute was the Boy Scout responsible for restoration and beautification efforts on the Gideon monument last year. 2. Public Safety Facilities Administrator Dawson reported the West Side Facility was on schedule with the Excelsior Fire District taking occupancy in mid-December of this year, and the South Lake Minnetonka Police Department moving in after the first of the Year 2004. Further, he noted the Deephaven City Council had approved . . . CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 27, 2003 Page 7 of7 the architectural design and site plan for the East Side Facility, and the Excelsior Fire District Board had recommended award of construction contracts. 3. Smithtown Road Engineer Brown reported the last pavement had been laid in this project, striping would commence this week, and final seeding and sod would be laid as the weather allowed it. He stated he was aware of the concerns regarding the discrepancies in width in the striping, and would check into the matter. Administrator Dawson also noted the opening of the City's Shorewood Village Shopping Center Liquor Store, and noted the Grand Opening would take place at the store on November 6-15, 2003. B. Mayor & City Council Council noted the opening of the new CUB Foods store in the Shorewood Village Shopping Center. Issues pertaining to lighting, trucks parked as advertisements on the site, and traffic in the area were discussed. Mayor Love requested Staff report on resident concerns regarding the area for the next 30-60 days. HM<l:Y()!.!-5:>ye Il()te~ . ~er~'vVol1ld~e alneetingofth~ South Lake Minnetonka Police Department CoordinatingUCorIuillttee to. discussihe SLMPD budget and recorii:riiendedappr6acheste>pr6Vidirtg services with the reduced increase revenue. 12. ADJOURN Zerby moved, Turgeon seconded, Adjourning the October 27, 2003, Regular City Council Meeting at 8:27 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor ATTEST: