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012604 CC Reg Min ,.. . . . CITY OF SHORE WOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 26, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:10 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, and Turgeon, Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Councilmember Zerby B. Review Agenda Lizee moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 12, 2004 Turgeon moved, Garfunkel seconded, Approving the City Council Special Meeting Minutes of January 12, 2004, as presented. Motion passed 4/0. B. City Council Regular Meeting Minutes, January 12, 2004 Garfunkel moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of January 12, 2004, as presented. Motion passed 4/0. C. City Council Special Meeting Minutes, January 20, 2004 Lizee moved, Garfunkel seconded, Approving the City Council Special Meeting Minutes of January 20, 2004, as presented. Motion passed 4/0. 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - Liquor Store Staff C. City Clerk's License Approvals ~ . . . CITY COUNCIL REGULAR MEETING MINUTES January 26, 2004 Page 2 of 8 D. Establishing May 22, 2004, for Spring Clean-Up Day E. Approval of Request from Lake Minnetonka Wells Fargo Half Marathon to traverse the City on Sunday, May 2, 2004 F. Approval of Request from Lake Minnetonka Triathlon to traverse the City on Saturday, June 19,2004 G. Adopt RESOLUTION NO. 04-008, "A Resolution Reducing Contract Retainage for the Smithtown Road Reconstruction Project, City Project No. 01-97, S.A.P. 216- 101-03." H. Acknowledge Receipt of Proposal from Barr Engineering for Riley Purgatory Bluff Creek Watershed District I. Adopting RESOLUTION NO. 04-009, "A Resolution Supporting the Application by Senior Community Services for Community Development Block Grant (CDBG) Funding from the Hennepin County Consolidated Pool." J. Adopting RESOLUTION NO. 04-010, "A Resolution Authorizing the Mayor and City Administrator to Enter into a Cooperative Traffic Control Signal Agreement, City Project 98-05 S.P. 1008-58 (T.H.41-12) and S.A.P. 216-010-04." 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 January 13, 2004 Chair Arnst reported on matters considered and actions taken at the January 13,2004, Park Commission Meeting (as detailed in the minutes of that meeting). Mayor Love stated he strongly appreciated and respected the stance taken by the Park Commission on user fees, as a great deal of hard work and effort had gone into the decision by the Commission regarding implementation of user fees. CITY COUNCIL REGULAR MEETING MINUTES January 26, 2004 Page 3 of 8 . . 8. PLANNING Commissioner Gagne reported on matters considered and actions taken at the January 20,2004, Planning Commission Meeting (as detailed in the minutes ofthat meeting). A. Development Stage Plans - Barrington P.U.D. Applicant: Brian Harju, Capestone Builders Location: 20755 and 20775 Manor Road Director Nielsen explained the applicants for the Barrington P.D.D. had submitted revised plans including development stage plans for the site. He noted a number of issues had been addressed since the original submission of plans, including compliance with side yard setbacks, inclusion of three guest parking spaces at the end of the cul-de-sac, compliance with the number of replacement trees designated in the City Code, relocation of the entry monuments, and a suggested timeframe for construction of the project. He also explained the developer has provided details relative to the proposed retaining walls. The applicant had chosen a modular block system instead of boulders. The blocks, while not as aesthetically pleasing as boulders, were considered easier to engineer than using boulders. Per the Planning Commission's request, the applicant had provided cross-sections showing how the retaining walls related to the site and to the proposed buildings. The drawings suggested the terraced area between double retaining walls would be landscaped. Nothing was yet shown in these areas on the tree replacement exhibit. . The plan also showed slopes as steep as 2:1 above some of the retaining walls. These were not considered to be mowable slopes. The Grading, Drainage and Erosion Control Plan suggested these areas would have some sort of ground cover other than grass. Director Nielsen stated a final landscape plan should provide details as to what would be used in that area. Finally, there was an issue of safety. While some of the areas above the retaining walls would not be subject to pedestrian activity, the possibility of someone falling 10-14 feet was still a concern. It was suggested fencing be placed above any wall taller than six feet in height. The type of fence selected should blend into the site as much as possible (e.g. black, vinyl coated chain link) and as an alternative, the applicant's landscape architect might propose some sort of landscape treatment, such as dense, low- maintenance hedges to deter someone from getting to the top of the wall. Director Nielsen stated the wetlands had been tested for contamination on the site, and a report would be given later in the evening by the applicant's consultant. Engineer Brown stated he was quite concerned with the lowest floor elevations for the project. He had specifically stated the lowest floor elevations should be at a minimum of 951.1 or above. Plans submitted indicated the floor elevations proposed for Lots 1-4, and Lots 21 and 22 of Block 1 ranged between 945.0 and 951.0. This did not meet the City's policy on lowest floor elevations. Engineer Brown noted these floor elevations were to be raised substantially to meet the City's requirements. Engineer Brown had recommended approval of the development stage plans, subject to the following conditions: . 1. The applicant shall continue to work with the City to resolve issues regarding the extension of municipal water service to the subject site. CITY COUNCIL REGULAR MEETING MINUTES January 26, 2004 Page 4 of8 . 2. All retaining walls over 4.0 feet shall be designed and certified by a registered professional ..engineer under the laws of the State of Minnesota. 3. The applicant's engineer shall demonstrate, as part of the final plan submittal, that the residential units located adjacent to the retaining walls are adequately protected against runoff from the area of the wall. 4. Grading plans shall denote the lowest allowable floor elevation on the grading, drainage, and erosion control plans in accordance to the City's Comprehensive Stormwater Management Plan. 5. The bottom of the retaining wall adjacent to the proposed NURP pond adjacent to the Manor Road shall be revised to a minimum of 1.0 foot above the 100-year HWL. 6. Plans and specifications shall be developed in accordance to the City of Shorewood's Standards for Construction. 7. The applicant shall obtain a permit from the Minnehaha Creek Watershed District for the proposed Development prior to construction. Director Nielsen also recommended approval of the plans submitted, subject to inclusion of these conditions in any resolution approving this stage of the P.D.D. process. He also noted the applicants and Roger Anderson, the applicant's consultant for the proj ect, were present. . Mr. Anderson, noted he was representing the developers of the project, Kevin Barrons and Brian Harju, of Capestone Builders. He also stated a Work Plan had been submitted to the Minnesota Pollution Control Agency (MPCA) for consideration of work to be completed on site to remove contaminated soils. He went on to explain the method of removal included scraping the site and disposal of the contaminated soils offsite. He also stated the site was unique due to the large wetland that accepted runoff from Highway 7 and the overall site, and due to the cliffs that result from the mining activity that had taken place on the property in the 1950's. He noted stormwater management to be a key issue in considering the submitted plans, and also noted the specification of the proposed design for the site included City and Minnehaha Creek Watershed District (MCWD) standards. Mr. Anderson also stated the resolution of the watermain issue was a key to the project in addition to the stormwater issues. He stated the proposed project allowed for construction of 2300 feet of 12-inch watermain to run to the site along Highway 7. With regard to the retaining walls, he stated soil borings had been conducted in the area where the retaining walls were to be constructed. He noted the proposed retaining walls would include segmental concrete walls with undulation, steps, and vegetative interest within the wall and above it. He reviewed the tentative schedule for construction on the site, noting the site cleanup would take approximately three months beginning in April when the ground thawed. He anticipated securing a building permit in the fall and taking part in the 2004 Winter Parade of Homes tour. With regard to the low floor elevations noted by Engineer Brown, Mr. Anderson explained a small pond was to be constructed on the easterly side of the property to catch stormwater runoff flow, intercept it, and then allow the drainage to be directed to an area where it would not damage the construction. He noted all the town homes with a walkout had a similar situation and concern for incurring issues associated with a hydraulic grade line. He noted there were ways to effectively place drain tile internally and externally within the proposed town homes, but also requested the ability to pursue other options. . In response to Engineer Brown's question, he noted the building pads for Lots 21 and 22 had been raised and currently would meet the City's grade ordinance. CITY COUNCIL REGULAR MEETING MINUTES January 26, 2004 Page5of8 . Councilmember Turgeon expressed concern for the low floor elevation and parking. Director Nielsen explained the parking issue could be resolved as part of the Final Plat review. Lizee moved, Turgeon seconded, Directing Staff to Prepare Findings of Fact Approving the Application and Preliminary Plat, subject to Staff Recommendations. Motion passed 4/0. Mayor Love stated the City was excited about the efforts taking place on the site as part of the proposed project, and he thanked the landowner, developers and engineers for efforts displayed as part of the project. B. Authorize Concept Plan for Commercial Planned Unit Development and Zoning Text Amendment for R-C District Permitted Uses Applicant: Dr. Kelly Bosworth Location: 6120 and 6140 Lake Linden Drive Director Nielsen explained the Planning Commission had held a Public Hearing to consider a request by Dr. Kelly Bosworth for the development of his lots on Lake Linden Drive. He intended to expand the existing building, and in the process was examining possibilities for development of his vacant lot to the north. The Planning Commission agreed to recommend concept stage approval of a Conditional Use Planned Unit Development, whereby the subject of uses would be discussed at a later time. Dr. Bosworth has agreed at the meeting to amend his application from Planned Unit Development district to Planned Unit Development conditional use. Since that meeting, Dr. Bosworth had reconsidered his request and stated he would like the district approach considered. Since the Public Hearing on the matter was closed, Director Nielsen recommended the matter be continued until such time as the Planning Commission could review it. . Dr. Bosworth, owner of the property at 6120 and 6140 Lake Linden Drive, thanked the Council for the opportunity to review ,his request that the original Planned Unit Development district approach be considered with two changes to the allowed uses. Requested changes included consideration of a daycare, and use of a "Medi-Spa" being added to the list of allowable uses. He q~estioned the most expedient way to proceed with his plans. Turgeon moved, Lizee seconded, this matter be routed back to the Planning Commission for consideration at the March 16,2004, Planning Commission Meeting. Motion passed 4/0. 9. GENERAL/NEW BUSINESS A. Street Light Request - Fairway Drive at Smithtown Road This item was discussed after Item 9B. Engineer Brown explained residents of the Country Club Meadows neighborhood on Fairway Drive had petitioned the City to approve a streetlight for the intersection of Fairway Drive and Smithtown Road. He noted the proposed location met Shorewood's criteria for the location of streetlights. Residents within 500 feet had been notified of the request per City policy. . Engineer Brown also explained Xcel Energy would install and provide maintenance of a "cobra head" style light if the neighborhood would agree to its suitability. CITY COUNCIL REGULAR MEETING MINUTES January 26, 2004 Page6of8 . Michelle Timonen, representing the neighborhood, agreed the "cobra head" style of light fixture would .--.. be agreeable to the-neighborhood. . Lizee moved, Turgeon seconded, Approving a Request for a Street Light at the Intersection of Fairway Drive at Smithtown Road. Motion passed 4/0. B. Park Commission Appointments Turgeon moved, Lizee seconded, to appoint Paula Callies, Sue Davis, and Mary Lou Meyer to three-year terms beginning February 1, 2004, through January 31, 2007; and Judy Farniok for a one-year term from February 1, 2004, through January 31, 2005; and to adopt RESOLUTION NO. 04-011, " A Resolution Making Park Commission Appointments." Motion passed 4/0. C. Planning Commission Appointments Turgeon moved, Garfunkel seconded, to appoint Jeff Bailey, Kevin Conley, and Ann Packard to the Planning Commission for three-year terms from February 1, 2004 through January 31, 2007; and to adopt RESOLUTION NO. 04-012, "A Resolution Making Planning Commission Appointments." Motion passed 4/0. D. Nelson Right-of-Way Permit - Birch Bluff Road . Engineer Brown explained Dan and Melissa Nelson had submitted grading plans for their proposed driveway, which they had requested permission to build on the Second Avenue right-of-way. He noted considerable engineering efforts would be needed regarding working around two-hundred-year-old oak trees on site, as well as a retaining wall, and sanitary sewer concerns. Dan Nelson, 24270 Yellowstone Trail, stated these issues could be mitigated as part of the plans he was presenting to Engineer Brown this evening. Greg Buckley, 25885 Birch Bluff Road, and representing Carrie Dorfman of 25845 Birch Bluff Road, expressed concerns regarding his retaining wall, the two-hundred-year-old oak trees, and stormwater runoff on the site as a result of the proposed request. Engineer Brown requested Council allow Staff to attempt to resolve these issues of concern with the submission of the material from Mr. Nelson presented this evening and report back at a later date. Turgeon moved, Garfunkel seconded, Continuing this matter to the February 9, 2004, Regular City Council Meeting Agenda. Motion passed 4//0. E. City Code Recodification Administrator Dawson reviewed items remaining from past Council Work Session meetings held in the Fall of 2003 regarding proposed changes from the drafts prepared by American Legal, the firm retained to do this project, and guidance offered by Duke Addicks of the League of Minnesota Cities. . Mayor Love thanked Staff and the Consultants involved in the recodification process on a job well done. CITY COUNCIL REGULAR MEETING MINUTES January 26, 2004 Page 7 ofS . Turgeon moved, Garfunkel seconded, Approving Changes to the Proposed City Code as listed in ----the Recodificationl'able.--MotionpassedA/O.---- -------------------------- --- ---...-----..---. 10. ENGINEERING/PUBLIC WORKS Engineer Brown had nothing to report on at this time. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson noted action would be taken in late February or early March on the Gideon Glen Agreement. 2. Public Safety Facilities Administrator Dawson noted construction on the East Side Public Safety Facility was progressing on schedule, with occupancy likely in April of this year. B. Mayor & City Council . Councilmember Lizee stated she was part of a volunteer committee examining the roles and services of the Excelsior Community Library. This committee was interested in finding persons from the five cities the library served to participate in discussions about how best to handle the need for additional space in the library. Mayor Love stated the Joint Powers Agreement for the Excelsior Fire District set a standard for discussions such as this one for all cities to have an equal vote, and he believed this equal representation was important in this issue as well. Mayor Love recessed the meeting at 8:47 P.M., and reconvened at 8:55 P.M. Lizee moved, Garfunkel seconded, Adjourning the Regular City Council Meeting of January 26, 2004, to Executive Session Meeting at 8:56 P.M. Motion passed 4/0. 12. EXECUTIVE SESSION - Lake Linden Drive Trail Mayor Love called the Executive Session to order at 8:57 P.M. Council held discussion regarding acquisition of right-of-way for the Lake Linden Drive Trail. Garfunkel moved, Lizee seconded, Adjourning the Executive Session Meeting of January 26, 2004, and Returning to the Regular City Council Meeting at 9:02 P.M. . 13. ADJOURN