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112403 CC Reg Min , . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 24,2003 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 Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane (arrived 7:01 P.M.); Engineer Brown; Planning Director Nielsen and Park Commission Liaison Davis Absent: Councilmember Garfunkel, Finance Director Burton, and Planning Commission Liaison Borkon B. Review Agenda Mayor Love reviewed the Agenda for this meeting. Councilmember Zerby requested Item 3D be removed from the Consent Agenda and moved to Item 9C. . Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Work Session Meeting Minutes, November 3,2003 Zerby moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of November 3, 2003, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, November 10,2003 Lizee moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of November 10, 2003, as amended, on Page 7, Item llB, change "space needs issue" to "community role issue." Motion passed 4/0. C. City Council Joint Work Session Minutes, November 13, 2003 Turgeon moved, Zerby seconded, Approving the City Council Joint Work Session Meeting Minutes of November 13, 2003, as presented. Motion passed 4/0. 3. CONSENT AGENDA . Turgeon moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List . . . , CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 2 of 6 B. Insurance Renewals - Property and Liability C. Adopting RESOLUTION NO. 03-101, "A Resolution Prohibiting Parking Along Smithtown Road and Portions of Strawberry Lane." D. Approval of the Prosecuting Attorney 2004 Contract for Services (This item was moved to 9C.) E. Amendment to the Water Tower Lease Agreement for AT&T-Southeast Tower F. Adopting RESOLUTION NO. 03-102. "A Resolution Accepting Quotes and Awarding Contract for LED Signal Conversion Project SAP Th.7." G. Set the Public Hearing date for easement vacation on Maple Street H. Staffing - Part-time Liquor Clerks Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Meeting Held November 12, 2003 Park Commissioner Davis reported on matters considered and actions taken at the November 12, 2003, Park Commission Meeting (as detailed in the minutes of that meeting.) Mayor Love thanked her for her report and complimented the Park Commission on its planned projects for the upcoming year. 8. PLANNING Due to the absence of Planning Commissioner Borkon, Director Nielsen reported on the November 18, 2003 Planning Commission Meeting (as detailed in the minutes of that meeting). A. Minor Subdivision/Combination Applicant: Schwarz Builders, Inc. Location: 24140 Yellowstone Trail CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 3 of6 . Director Nielsen explained the applicant had purchased the property at 24140 Yellowstone Trail and the vacant lot next to it. The applicant had requested a minor subdivision and combination to rearrange the lot lines between the two parcels. The westerly of the two lots was vacant, but virtually unbuildable due to wetland and wetland setbacks. The lot line rearrangement would add buildable area to the westerly lot, as shown on the submitted survey, with access through a shared driveway to the easterly lot. The subject properties contained a total of 3.32 acres, with a single-family dwelling occupying the easterly parcel. As proposed, the westerly parcel would contain 2.31 acres and the easterly parcel would contain 1.01 acres. Upon analysis, Director Nielsen stated both of the proposed lots complied with the area, width, and depth requirements of the R-1A Zoning District. To avoid disturbing the wetland area, the applicants proposed serving both properties with a common driveway on the east side of the site. The driveway serving the existing home would be removed. Director Nielsen also noted the proposal was considered to be a good solution to the development of this property, versus filling and mitigating the wetland. The applicants also planned to construct a house on the new lot, while still observing the City's wetland buffer and setback requirements. Councilmember Turgeon questioned the options available as an alternative to a shared driveway, and requested clarification about the dimensions of the proposed driveway. Director Nielsen stated the driveway width depended on the choice of the developer regarding a sprinkler system being connected to the proposed house on the site. He also noted the Comprehensive Plan did encourage the use of shared driveways to extent possible, and in this case, it seemed best to limit the access points onto Yellowstone Trail. . Zerby moved, Lizee seconded, Approving a Minor Subdivision/Combination, subject to Staff Recommendations, for Schwarz Builders, Inc., 24140 Yellowstone Trail. Motion passed 4/0. B. Minor Subdivision/Combination Applicant: Kay Triden Location: 4975 Kensington Gate Director Nielsen explained the applicant was requesting a lot line rearrangement for her property at 4975 Kensington Gate. As she explained in her request letter, her existing deck was located on the common area of Amesbury, beyond the unit-lot boundary of her property. A lot line adjustment would solve the problem and Director Nielsen noted she had the support of the Amesbury Homes Association. Director Nielsen also stated occasionally cases like this had shown themselves over the years in the Amesbury Planned Unit Development, due in part to a practice of not requiring surveys at the time the original units were being built. The conveyance did not adversely affect the common area and observed the required setback from Manor Road. The Planning Commission and Staff had recommended approval subject to the applicant recording the resolution within 30 days of her receipt thereof. . Councilmember Turgeon expressed concern for more cases like this one, and questioned whether it would be possible to request the Amesbury Association to replat that area. Attorney Keane, in response to Director Nielsen's question of process, stated a "triggering event" was needed to make that request. He stated the Amesbury Homeowners Association could be given notice that should further cases like this one present themselves, lots would need to be surveyed and replatted, which he also noted was a rather large undertaking. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 03-103, " A Resolution Approving Subdivision and Combination of Real Property for Kay Triden, 4975 Kensington Gate." Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 4 of6 . Zerby moved, Turgeon seconded, Directing Staff to Notify the Amesbury Board that future requests, such as this one, would be grounds to "trigger" the necessity for replatting of the Amesbury Planned Unit Development. Motion passed 4/0. 9. GENERALINEW BUSINESS A. South Lake Minnetonka Police Department 2004 Operating Budget Administrator Dawson explained the City of Excelsior had submitted a proposal to the four member cities of the Joint Powers Agreement (JP A) that governed the South Lake Minnetonka Police Department for the 2004 Operating Budget. This proposal included a combination of additional revenue and reductions in expenses that it believed would form the basis for equal services provided to all JP A member cities. He went on to explain the four member cities met to discuss this issue and mediate a solution on November 13, 2003. While there was a great deal of discussion, no alternative action or direction was identified. The majority of the SLMPD Coordinating Committee believed "Approach A" for 2004 should be pursued, whereby the three cities of Greenwood, Shorewood, and Tonka Bay would agree to increase their contributions to maintain a higher level of service, provided that each of the three cities followed through on this commitment. No further proposals had been received at this point in time. . Turgeon moved, Zerby seconded, that the Council reaffirm its support and commitment to "Approach A" for the South Lake Minnetonka Police Department 2004 Operating Budget. Motion passed 4/0. B. Resident Complaint regarding Public Safety Facility Administrator Dawson explained Allan Vanderlinde, owner of the property at 5550-5560 Shorewood Lane, had raised concerns about the final grade of the slope on the north side of the Public Safety Facility, and requested this issue be placed on the Agenda for this evening so Mr. Vanderlinde could address Council. Mr. Vanderlinde had noted the final grade did not conform to the plans in place at the time the Conditional Use Permit for the property was approved. The resulting slope removed the openness that had extended from the edge of his property to the City's Public Works maintenance site. Administrator Dawson then reviewed the soil content that had been found on the site, and subsequent field decisions for how best to abate the soil issues. He also noted Mr. Vanderlinde was not present this evening, and no word had been received from him since the receipt of his request letter, dated November 6, 2003. . Councilmember Zerby stated he was concerned about this matter since the beginning of the project, and questioned the impacts of the soil and its slope for Mr. Vanderlinde. Engineer Brown explained the process followed in working with Mr. Vanderlinde to mitigate the issue. He explained Mr. Vanderlinde wanted the soil removed and spread further west toward the Public Works, which would place mature trees at risk. He noted concerns had been heard from neighboring Tonka Bay residents and other residents that the mature trees should not be compromised in this project. Engineer Brown, in response to Councilmember Zerby's question, estimated soil removal costs roughly between $5,000 and $8,000. Councilmember Zerby believed the decision to leave the soil was economic, and noted he agreed with the concerns stated by residents regarding this decision. . . . CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 5 of6 Director Nielsen stated Staff would recommend keeping the hill in place if a revised Conditional Use Permit process was enacted, as the hill and landscape provided additional landscaping and a better view for the residents. Mayor Love stated he believed Council member Zerby's concerns were valid, and requested Staff continue to work with area residents to find remedy to this issue. C. Approval of the Prosecuting Attorney 2004 Contract for Services Administrator Dawson reviewed the scope and services to be provided by the Prosecuting Attorney as apart of the contract for services in the Year 2004. Councilmember Zerby stated he was concerned there had been no regular communication regarding the services that Attorney Potts provided, and he requested a more detailed report be given in the future. Administrator Dawson stated Mr. Potts would be asked to provide a report for the next Regular City Council Meeting. 10. ENGINEERING/PUBLIC WORKS A. Vacate Right-of-Way Property Applicant: James Marso Location: 5495 Wedgewood Drive Engineer Brown reported, at the November 10, 2003, Regular City Council Meeting, a Public Hearing had been conducted regarding this matter. At that time, no residents appeared in support or objection to the request, however, a written request had been receive questioning the location of the paved surface of Wedgewood Drive, within the dedicated right-of-way. He explained the location of the traveled surface of Wedge wood Drive had since been surveyed in relationship to the dedicated right-of-way. Findings indicated the traveled surface was within the public right-of-way and no additional right-of-way was required along Wedgewood Drive. Staff was therefore recommending approval of the request. Engineer Brown explained, in response to Councilmember Turgeon's question, that the topography in the area would allow the right-of-way property proposed for vacation to be utilized for drainage utility purposes. Lizee moved, Zerby seconded, Adopting RESOLUTION NO. 03-104, "A Resolution Approving Vacation of Right-of-Way Property for James Marso, 5495 Wedgewood Drive." Without objection from the maker and seconder of the motion, the motion was amended to include additional verbiage in the resolution in Paragraph 4, ".. ..and hereby are vacated and the southerly vacated area be vacated in equal ten-foot strips to the abutting properties." Motion passed 4/0. 11. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson noted progress continued to be made on the intersection project, noting the goal was to have plans for the project finalized by the end of this year, and ready to bid in Spring of 2004. He also shared an update from Hennepin County regarding right-of-way negotiations and the schedule for demolition of the Liquor store. ., . . . . '; CITY COUNCIL REGULAR MEETING MINUTES NOVEMBER 24, 2003 Page 6 of6 2. Public Safety Facilities Administrator Dawson stated a Groundbreaking ceremony had taken place for the East Side Public Safety Facility November 22,2003. 3. Gideon Glen Director Nielsen briefly reviewed the changes made to the concept plans for Gideon Glen and progress made in working with other agencies in bringing Gideon Glen to fruition as part of the County Road 19 Corridor Study and Intersection Project. Councilmembers commented they liked the proposed trail being further away from the road, as well as the revised shape to the pond planned for the site. Director Nielsen also noted the front half of the site would have substantial alterations as part of the project. B. Mayor & City Council Mayor Love stated it was with profound sadness he attended the funeral of Scott Aanerud earlier in the day. He stated the South Lake Minnetonka area had lost a fine reserve officer of the SLMPD, and would miss the diligence shown by this young man in providing many aspects of exemplary service to the entire South Lake Minnetonka community. A brief discussion was held regarding concerns from residents regarding the impacts made on a lot near the intersection of Smithtown Road and Wedgewood Road. 12. ADJOURN Turgeon moved, Zerby seconded, Adjourning the Regular City Council Meeting of November 24, 2003, at 8:25 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor