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030804 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 8,2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:07 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby, Administrator Dawson; Attorney Keane; Engineer Brown; and Planning Director Nielsen Absent: Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda for this evening. Director Nielsen stated Item 8A was to be removed from this Agenda and placed on the March 22, 2004, Regular City Council Meeting Agenda at the request of the applicant. Zerby moved, Lizee seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, February 23, 2004 This item followed the Item 3, Consent Agenda. Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of February 23, 2004, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Lizee seconded, Adopting the Resolutions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Authorization for Expenditure of Funds to Purchase Seal Coat Aggregate D. Adopting RESOLUTION NO. 04-018, "A Resolution Adopting the Hennepin County All-Hazard Mitigation Plan." . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 2 of 6 E. Adopting RESOLUTION NO. 04-019, "A Resolution Adopting the Final Plat of Seamans Estates, Second Addition." F. Adopting ORDINANCE NO. 402, "An Ordinance Amending Chapter 801 of the Shorewood City Code Relating to Seasonal Weight Restrictions," and Adopting RESOLUTION NO. 04-020, "A Resolution Approving Publication of Ordinance No. 402 by Title and Summary." G. Accept Proposal for Mold Analysis Motion passed 5/0. 4. MATTERS FROM THE FLOOR Jerry Brekke, 27450 Pine Bend Road, stated he liked the way the City was currently being run, and he thanked Council for doing so. In addition, he stated he was here to ask Council, on behalf of other City residents, to consider options for restricting a right-turn lane onto Lake Linden Drive on the west side of the Shorewood Village Shopping Center. Administrator Dawson stated information from the South Lake Minnetonka Police Department Chief Litsey had been shared with Staff recently regarding this issue, and Staff concurred further action was warranted, and he would report back at a later date on this matter. 5. REPORTS AND PRESENTATIONS None. 6. PUBLIC HEARING None. 7. PARKS Engineer Brown stated there had not been a Park Commission Meeting since the most recent Regular City Council Meeting, thus, there was nothing to report. A meeting of the Park Commission was slated for Tuesday, March 9, 2004, at 7:00 P.M. 8. PLANNING Director Nielsen stated there had not been a meeting of the Planning Commission since the most recent Regular City Council Meeting, thus, there was nothing to report. A Planning Commission Meeting was scheduled for Tuesday, March 9,2004, at 7:00 P.M. A. Minor Subdivision/Combination Applicant: D.R. Verdoorn (Rep. By Sharratt Design & Co.) Location: 28210 and 28220 Woodside Road Director Nielsen noted this item was to be placed on the March 22, 2004, Regular City Council Meeting Agenda at the request of the applicant. CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 3 of6 . 9. GENERALINEW BUSINESS A. Request by Mr. Vanderlinde regarding 5550-5560 Shorewood Lane and Public Safety Building . Engineer Brown explained that on January 12, 2004, Mr. Vanderlinde, owner of property at 5550-5560 Shorewood Lane, appeared before the Council voicing concern over the excess dirt and subsequent enlarged slope that was placed on the north side of the West Side Public Safety Facility building. After consideration by the Council, Staff was directed to review drainage for the site to insure the construction of the site portion of the project met City standards regarding grading and contract change orders. He went on to explain Mr. Vanderlinde met with Staff on March 3, 2004 to discuss findings of an original report to be shared at the February 23, 2004, Regular City Council Meeting, but, at the request of Mr. Vanderlinde, was placed on this Agenda for the evening. Engineer Brown stated WSB and Associates had been commissioned to provide topography of the northeasterly slope in question, and found the slopes on the site do meet or exceed a 3: 1 slope. He also noted slopes were currently covered and stabilized. Engineer Brown also explained Mr. Vanderlinde requested further documentation be provided stating the origin of the 8050 cubic yards of fill placed on the northerly slope, as Mr. Vanderlinde was concerned extra material had been brought to the site for disposal as a mere convenience to the contractor. In addition, Mr. Vanderlinde requested minutes from the Coordinating Committee's meetings on this issue, as he was concerned a "blanket approval" had been granted for the fill with little discussion as to the volume of material that was to remain on site. In response to Staffs question, Mr. Vanderlinde indicated a gentler slope and a lower height would be an acceptable alternative, versus hauling the material off-site. Should the slopes be regraded, Engineer Brown went on to explain, additional trees would need to be removed. He further stated Staff believed the site met City standards and the conditions set forth in the Conditional Use Permit for the project. Attorney Keane stated Council seemed to be wrestling with how best to characterize the request. He suggested Council receive the Staff report, and recommended that the request be treated as an appeal of administrative determination finding the facility as constructed was in substantial compliance with the Conditional Use Permit. Allan Vanderlinde, 5550-5560 Shorewood Lane, stated he had reviewed the survey. He submitted photos of the slope, noting the view from his property. He went on to state the neighborhood had believed the City wanted to be a good neighbor in this project, but he did not feel that was the case. He was uncertain of the origin of the estimated 800 truckloads of dirt, and stated he was very disappointed the City had not contacted him or other residents regarding this change. He stated he believed this project devastated property values for residents on Shorewood Lane and he asked the City not penalize property owners unnecessarily. He noted the fill could still be moved, and he stated he would be willing to meet any interested parties on the site for further discussion. Mayor Love stated he had driven by the site, and he appreciated the respectfulness shown by Mr. Vanderlinde to Staff and him. He stated he had heard Mr. Vanderlinde's concerns, and he believed the City had not shown allowed itself any additional latitude in the City standards. . Councilmember Zerby stated he would like to see resolution brought to this case, as the Council was not involved in making the decision to keep the fill on site. Also, he thought eighteen feet of fill over the originally planned contours was a substantial amount. CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 4 of6 . In response to Councilmember Turgeon's question, Administrator Dawson stated the fill was placed in October or November of 2002 as there was a period of extended precipitation that left the soil, primarily found on the east side of the project, too wet to build upon. He stated good soil was brought in, and the wet soil stockpiled on site to be removed later. He stated this timing was not in the original plans for the project, and several economies to the project were noted in moving up the schedule to construct the parking area. Councilmember Zerby questioned why the truckloads of fill could be brought in but none was taken out. Administrator Dawson stated that decision was decided by the contractor for the project. Councilmember Turgeon stated she was undecided on this issue, as the City had not exceeded its own standards, but she was having difficulty putting herself in like building situations for other residents. Councilmember Zerby stated he thought variances had been given in the project and the envelope pushed in this case. He stated he thought it very important to stick to the original plan in this case, and what existed on site was not the way it was presented to residents. Mr. Vanderlinde agreed, noting he was hearing that after plans were approved by Council, a homeowner could change the plans as long as the plans met City standards. Councilmember Zerby went on to state the land belonged to the EFD and the SLMPD, and all member cities. He noted the process for change orders less than $15,000, and how the decision-making authority rested with the Chiefs of each department for those amounts. . Engineer Brown stated Council should consider if the act of leaving excess fill on site was a violation of the Conditional Use Permit for the project, and should Council decide to change the current situation, then that decision would fall to the EFD and SLMPD Governing Boards for further consideration. Zerby moved, to determine that leaving the fill on site and current slopes were a violation of the Conditional Use Permit, and the original plans presented to Council should be restored. Motion failed for lack of a second. Garfunkel moved, Lizee seconded, Affirming Staff's determination that no violation of the Conditional Use Permit occurred in this case. Councilmember Zerby stated he thought the changes to the plans shown as part of the Conditional Use Permit were changed visually. Councilmember Garfunkel encouraged the Governing Boards to examine this issue for opportunities to initigate the situation. Councilmember Turgeon agreed. . Mayor Love stated he would take the concerns demonstrated in this discussion back to the Governing Boards for further discussion. He stated he did not share these same concerns, as the site met City standards and the revision was responsible for appropriate runoff. Clearly it was a big change in the neighborhood with many significant changes taking place in that neighborhood over the years. He stated he thought the slope helped to hide the view of the Public Works building from this property, but that remained a case of "beauty was in the eye of the beholder." Motion passed 4/1, with Zerby dissenting. . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 5 of6 B. Discussion Regarding Radisson Road Engineer Brown stated WSB had been commissioned to provide an initial review of issues along Radisson Road between Christmas Lake Road and Old Market Road with regard to excess traffic in the area. WSB conducted an origin and destination study for the A.M. and P.M. peak hours of travel as well as a site visit to meet with concerned resident, Mr. Dennis Jabs. He went on to explain the site visit and in meeting with Mr. Jabs, of 20915 Radisson Road, concluded that the specific concerns for the corridor include the narrow roadway and curves created safety hazards in certain areas and were very dangerous for the traveling public. Also a large amount of cut-through traffic currently utilized Radisson Road as a short-cut frontage road for Trunk Highway 7. Chuck Rickart, of WSB, explained the methodology of the study and results in detail for Council. He also reviewed the options for additional services should Council wish to proceed on the matter further. Discussion ensued regarding a few options for the roadway. Mr. Rickart stated all options would need further consideration and examination prior to a recommendation being made. Paula Callies, 20465 Radisson Road, stated personally she appreciated the City examining the issue in that area. She suggested should the City wish to proceed, do so slowly, and include the neighborhood for additional constructive options and funding alternatives. She stated one neighbor had suggested closing the roadway at Shore Road, renovating a wetland, and having a park area with access point. She stated she thought the reason so many people opt to cut through in that area was due to a perception of delay at the lights on Highway 7 along that corridor. She stated she had observed additional traffic hauling boats in the area. Mayor Love thanked her for her comments, and stated any process would begin with neighborhood input Zerby moved, Turgeon seconded, Approving Further Study on Traffic Traversing Radisson Road, not to exceed $10,000. Mayor Love stated the street provided a unique setting and would be money well spent regardless of the final decision. Motion passed 5/0. 10. ENGINEERINGIPUBLIC WORKS A. SE Area Well Emergency Expenditures Engineer Brown explained that upon completion of normal rounds on February 27,2004, Public Works personnel discovered the Southeast Area well located within Silverwood Park had failed. After considerable investigation, it was determined the main electrical components had burned out, along with some overload equipment. He then reviewed the process Staff had utilized in order to provide service in that area. Mayor Love stated he appreciated the communications and professionalism shown by Staff in handling this matter effectively. CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2004 Page 6 of6 . Engineer Brown stated all other facilities in the City of this nature had backup well service, and that this well did not; thus, it was difficult to provide service to the largest service area in the City without interruption. Turgeon moved, Lizee seconded, Approving Expenditure of Funds from the City's Municipal Water Fund for Emergency Repairs to the Southeast Area Well, not to exceed $59,850.00. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown stated WSB had completed plans for the County Road 19 Intersection project, and was awaiting landscape plans for the project from Brauer and Associates. 2. Public Safety Facilities Administrator Dawson stated the East Side Facility was progressing nicely, and tours of the West Side Facility were being planned for March 24 for City Councils. . B. Mayor & City Council Mayor Love stated he had attended a meeting of the SLMPD Coordinating Committee to further discuss the operating budget with no movement on making the budget whole. Attorney Keane clarified questions for Councilmember Turgeon regarding the Shorewood Parks Foundation and Council's role in appointments to that Board of Directors. 12. ADJOURN Garfunkel moved, Lizee seconded, Adjourning the Regular City Council Meeting of March 8, 2004, at 8:24 P.M. Motion passed 5/0. fl RESPECTFULLY SUBMITTED, Sally Keefe, Recordin2 Secretary Woody Love, Mayor .