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041204 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, APRIL 12, 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 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Lizee, Turgeon, and Zerby, and Administrator Dawson Absent: Councilmember Garfunkel B. Review Agenda Mayor Love reviewed the Agenda for the evening. Administrator Dawson requested Item 9D, Park Commission Appointment, be added to the Agenda for the evening. Lizee moved, Zerby seconded, Approving the Agenda as amended. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, March 22, 2004 Zerby moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of March 22, 2004, as presented. Motion passed 4/0. 3. CONSENT AGENDA Lizee moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing C. City Clerk's License Approvals 1) Adopting RESOLUTION NO. 04-025, "A Resolution Approving a Temporary Gambling License for Delta Waterfowl." 2) Adopting RESOLUTION NO. 04-026, "A Resolution Approving a Tree Trimmers License for Ron's Tree Service." 3) Adopting RESOLUTION NO. 04-027, "A Resolution Approving an Intoxicating Liquor License, On-sale, Intoxicating Liquor and Special Sunday Sales for Minnetonka Country Club." . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 12,2004 Page 2 of 8 4) Adopting RESOLUTION NO. 04-028, "A Resolution Approving an Intoxicating Liquor License On-sale, Intoxicating Liquor and Special Sunday Sales Liquor License for American Legion Post #259." Adopting RESOLUTION NO. 04-029, "A Resolution Approving a 3.2 Percent Off-Sale Malt-Liquor License for Cub Foods." 5) D. Approval of the Agreement with Minnetonka Public Schools Community Education and Services (MCES) for Lifeguard Services for Crescent Beach E. Authorize Expenditure of Funds for a Pick-up Truck F. Continuation of City Attorney Services G. Adopting RESOLUTION NO. 04-030, "A Resolution Approving a Minor Subdivision, and Combination of Real Property for Daryl and Carol Verdoorn (Rep. By Sharratt Design & Co.), 28210 and 28220Woodside Road." H. Adopting RESOLUTION NO. 04-031, "A Resolution Approving a Minor Subdivision and Bluff Impact Setback Variance for Thomas Thiss, 6110 Ridge Road." I. Approving a Sign Permit for Tonka Bayt for John Townsend, 5680 Manitou Lane. J. Adopting RESOLUTION NO. 04-032, "A Resolution Approving Plans and Specifications and Estimate and Authorizing Advertisement for Bids for 2004 Bituminous Seal coating of Streets Project." K. Adopting RESOLUTION NO. 04-033, "A Resolution Approving Final Plat Development Agreement for Aldenwood for Mark Kawell, 20585 Minnetonka Boulevard." 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. CITY COUNCIL REGULAR MEETING MINUTES APRIL 12, 2004 Page 3 of8 . 7. PARKS A. Report on Park Commission meeting held March 30, 2004 Engineer Brown reported on matters considered and actions taken at the March 30, 2004, Park Commission Meeting (as detailed in the minutes of that meeting). 8. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the April 6, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Bosworth PUD Development Stage Approval Applicant: Dr. Kelly Bosworth Location: 6120 and 6140 Lake Linden Drive Director Nielsen explained the applicant had submitted development stage plans for his project at 6120 and 6140 Lake Linden Drive. While the plan had undergone several revisions, the following included a summary of how these plans conformed to the Concept Stage Plan and City Code. . The site plan was consistent with the approved concept plan. He noted that parking had been proposed anticipating full use of the first building as office space, even though Dr. Bosworth had expressed a desire to have indoor parking initially. The final building plans must detail this parking area and demonstrate that no required parking will be lost in providing access to the garage spaces. For example, if 3-4 designated spaces were necessary to get in and out of the garage spaces, then the garage must accommodate at least 3-4 cars. Director Nielsen explained the applicant objected to the parking recommendation for some of the day spa activities as he believed that two spaces per station for hair and nails were excessive. Staff stood by its original recommendation. Site grading had been shown for both lots. The applicant had also submitted drainage calculations that were being analyzed by the City Engineer. With regard to the landscaping for the site, although much of the vegetation was considered somewhat "scrubby", its removal was going to be noticeable to adjoining residents. Landscaping and screening for the first building was quite adequate, especially with the fence along the south and west edge of the proposed pond and also the detached garage. The northerly building remained cause for concern. It was anticipated that at least half of the existing vegetation in the 40.foot setback area would have to be removed for site work and construction. No landscaping was shown in the plans for the areas to the west and north of the future building. The north side posed a landscaping challenge, since the future building would shade it. Director Nielsen stated the applicant's landscape architect should provide more detail on how this area will be treated. The landscape plans should also address irrigation. Additional detail should be provided for the foundation planting on the first building. . He went on to explain the applicant's proposed signage was addressed, and the applicant had requested the limit on daycare space be increased to 5000 square feet instead of 4500. Again, in trying to equate this use with uses already allowed in the R-C district, staff stood by its original recommendation of 4500 square feet. CITY COUNCIL REGULAR MEETING MINUTES APRIL 12, 2004 Page 4 of 8 . Director Nielsen went on to state the applicant proposed "shoebox" light fixtures which produced a downcast light. The final plans for the P.D.D. should include a photometric plan demonstrating that lighting would not exceed City standards. The plan should include provisions for timing the lights to go out after 9:15 P.M. and not to come on until 7:00 A.M. The plans should also indicate what, if any, security lighting would be proposed. Also, the applicant had indicated trash storage would be enclosed in the southwest comer of the parking lot. The Planning Commission had decided most of these items would be resolved in the Final Development Stage Plans for the project, and had requested review of these Final Stage Plans prior to review by Council. Kelly Bosworth, applicant, and Mark Kaltsas, applicant's consultant, were present. Dr. Bosworth thanked the Staff and Commission for continuing input on the project. He noted his final concern remained the issue of parking. He stated he believed the parking limited the size of his building, and he wondered if the parking restrictions were necessary in this case since other areas, such as the day spa, had already been limited in size. Mr. Kaltsas noted the northerly landscaping would be a challenge; however, he believed enough of the existing vegetation could be utilized for screening purposes in addition to low ground cover plantings. He stated additional setback and architectural control had been given to the City above and beyond what was necessary in this case. . In response to Councilmember Turgeon's question, Dr. Bosworth clarified his concern regarding the reality of the parking spaces proposed for the site. Mayor Love thanked the efforts of the Staff and applicant to bring this matter to resolution. He stated he thought it best to continue working together through the process to provide remedy to the remaining Issues. Turgeon moved, Lizee seconded, Approving the Bosworth Planned Unit Development Development Stage Plans, subject to Staff Recommendations, for Dr. Kelly Bosworth, 6120 and 6140 Lake Linden Drive. Councilmember Zerby stated he was not in favor of reducing the parking to increase the size of the building; however, he did not want to see people parking on the street or in the residential areas. Director Nielsen explained that if the applicant chose to reduce the building size by 1000 square feet, then the parking spaces in question would not be an issue of concern, and he also noted this development would be subject to the 66% hardcover restrictions of the R-C Zoning District. Motion passed 4/0. B. Minor Subdivision (Att. - Planning Director's memorandum; Draft Resolution) Applicant: Dan Heiland Location: 21175 Minnetonka Boulevard . Director Nielsen explained that approximately three years ago, the City approved a minor subdivision request for Dan Heiland at 21175 Minnetonka Boulevard. The most complicated thing about this application at that time was a drainage issue. After several months, the owner and the City Engineer agreed to a solution to the problem, which required the owner to construct an outflow pipe that would . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 12, 2004 Page5of8 provide positive drainage for a low area on the property. Mr. Heiland never recorded the division and the approval had since expired, thus necessitating the request before the Commission this evening. Mr. Heiland's new application contained no request for a wetland setback variance, since, under Watershed District rules, it could be filled in due to its size. City staff's recommendations as set forth in the previous staff reports still stand, with the only change being that the local sanitary sewer access charge has been increased to $1200. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 04-034, "A Resolution Approving Subdivision of Real Property for Dan Heiland, 21175 Minnetonka Boulevard." Motion passed 4/0. C. Setback Variance Applicant: Jim Sedesky Location: 21040 Ivy Lane Director Nielsen explained the history of this case, noting the applicants owned the property at 21040 Ivy Lane that was located in the R-1D, Single-Family Residential zoning district and contained approximately 16,331 square feet of area. The lot was technically a comer lot, having frontages on Ivy Lane and a fire lane originally platted as Glen Grove Path. Mr. Sedesky had applied for a setback variance to build a deck on the rear of his home. The proposed deck measured 12' x 20' and necessitated a 10-foot variance. The required setback from the fire lane cut the property approximately in half. Director Nielsen noted the City had granted similar variances for properties abutting fire lanes in the past. He then noted he had suggested the Commission consider handling these cases by Conditional Use Permit (CUP) in the future. He went on to state the fire lane rendered the applicant's property virtually unbuildable. He noted that there was an existing line of shrubbery located approximately on the boundary between the applicant's lot and the fire lane. It was recommended this vegetation be maintained as a condition of this variance, and it was also recommended that an existing utility shed located to the west of the fire lane be removed from the fire lane. If allowed a 10-foot setback from the fire lane, the applicant would have adequate room to relocate this shed onto his property. He stated he recommended approval of the application. Jim Sedesky, applicant, stated he would be happy to answer any questions Council may have had of him. Councilmember Turgeon stated the notion of promotion the fire lane as a pedestrian access to the lake had been referred to the Park Commission for further consideration. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 04-035, "A Resolution Approving a Setback Variance, Subject to Staff Recommendations, for Jim Sedesky, 21040 Ivy Lane." Motion passed 4/0. D. Setback Variance Applicant: Robert and Lindy Hensley Location: 28110 Woodside Road Director Nielsen explained the applicants owned the property at 2811 0 Woodside Road and requested a variance to build a 922 square-foot room addition and patio on the rear of the existing home. He noted CITY COUNCIL REGULAR MEETING MINUTES APRIL 12, 2004 Page 6 of 8 . the house was nonconforming with respect to the front yard setback requirement, and according to the applicant, had been constructed up to the right-of-way of Woodside Road in 1910. The property was zoned R-IA/S, Single-Family ResidentiallShoreland and contained 28,755 square feet of area. The easterly 95 feet of the flag-shaped lot was approximately 203 feet wide with the westerly 313 feet extending to Lake Minnetonka being only 34 feet in width. The property was occupied by the applicant's home and a detached garage. The applicants proposed to build a 922 square-foot addition on the rear side of the house, and the proposed addition would encroach into the required front yard setback by approximately 17 feet. The proposed patio on the south side of the addition was approximately the same size as the addition. Director Nielsen went on to explain the applicant's request letter submitted to the Commission had set forth a very good case for a variance. Due to the home being entirely outside the buildable area of the lot, there was simply no way to add on to the existing home without some sort of variance. He noted there was an additional mitigating factor not mentioned in the applicant's letter. The right-of-way for Woodside Road was 66 feet wide instead of the standard 50 feet required by City Code. This combined with the traveled surface of the street being offset to the east, resulted in more apparent green space than there would be if the road were centered in a narrower right-of-way. He also noted the City had granted similar variances under similar conditions, and the request was considered to be consistent with the criteria for granting variances. He recommended that, as part of any approval, the City should require the applicant to prepare a landscape plan showing some evergreen trees between the northeast comer of the addition and the northeast comer of the lot. At present, existing landscaping was somewhat sparse in this area, and this action would help to diminish the appearance of the addition as viewed from the north. . Robert Hensley stated he would be happy to answer any questions Council may have had of him regarding this matter. Councilmember Lizee stated she was impressed with the design being proposed as maintained the character of the house and neighborhood, and she also thought the unsolicited support of the neighbors was great in this case. Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 04-036, "A Resolution Approving a Setback Variance for Robert and Lindy Hensley, 28110 Woodside Road." Motion passed 4/0. 9. GENERAL/NEW BUSINESS A. Appointment to the Shorewood Parks Foundation Board of Directors Zerby moved, Lizee seconded, Appointing Jim Eddy to the Shorewood Parks Foundation Board of Directors through Febrnary 28, 2007. Councilmember Turgeon reiterated her concern that the Council should not be involved in appointing Directors to the Board of the Shorewood Parks Foundation, since she believed the Foundation should be allowed to appoint the Board without oversight from the Council. . Councilmember Zerby stated he agreed; however, the by-laws directed this action by Council. He suggested the Foundation consider change its by-laws in this manner. ~ CITY COUNCIL REGULAR MEETING MINUTES APRIL 12, 2004 Page 7 of8 . Motion passed 3/0/1, with Turgeon abstaining. B. Roles of Park Commission and Parks Foundation Administrator Dawson explained the Park Commission had requested the Council state its expectation of the roles and responsibilities of that Commission and the Shorewood Parks Foundation. He then shared descriptions of the roles and responsibilities as outlined in the City Code for Council review. He noted the Commission and the Foundation have complementary interests in financing and improving the City's park system. To that end, the Commission could develop plans and identify funding, and the Foundation could assist in financing and suggesting improvements. Councilmember Turgeon stated this outline lacked several aspects, including a communication process between the two bodies, accountability issues, and expectations of Council for each body. Discussion ensued regarding expectations of the Council for these two bodies. Council agreed that while it was nice of the volunteers involved to want to provide ways for additional fundraising efforts, it was not an expected responsibility of the Park Commission to do so. Communication between the two entities was considered an appropriate action to take in the near future and strongly advised by the Council. Administrator Dawson stated there was a proposed change to the Park Foundation by-laws that would designate the role of the Park Commission on the Foundation Board as an ex-officio member. More information would be presented at a later date if need be, but would undergo further review by both bodies prior to returning to Council for further discussion. . C. Planning Commission Appointments Administrator Dawson noted the resignation of Commissioners Borkon and Pisula from the Planning Commission recently. He went on to explain Council had interviewed candidates in January of this year. Lizee moved, Zerby seconded, to appoint Bruce Gniffke and Kathe White to the Planning Commission through January 31, 2006, and to Adopt RESOLUTION NO. 04-037, "A Resolution Making Planning Commission Appointments." Motion passed 5/0. D. Park Commission Appointments Administrator Dawson explained Commissioner Callies had resigned from the Park Commission, and Council had interviewed candidates in January of this year for appointment to the Commission. Council had received the resignation letter from Paula Callies from the Park Commission. Turgeon moved, Lizee seconded, to appoint Julie Westerlund to the vacated Park Commissioner position through January 31, 2007, and to Adopt RESOLUTION NO. 04-038, "A Resolution Making Park Commission Appointments". Motion passed 4/0. 10. ENGINEERING/PUBLIC WORKS There was nothing to report on at this time. . \'; ., . . . CITY COUNCIL REGULAR MEETING MINUTES APRIL 12, 2004 Page 8 of8 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown noted this item would be fully covered at the Work Session Meeting to immediately follow the Regular Council Meeting this evening. 2. Public Safety Facilities Administrator Dawson noted the East Side Public Safety Facility was scheduled for completion in the latter part of May of this year. He also noted meetings of the South Lake Minnetonka Police Coordinating Committee and the Excelsior Fire District Governing Boards were scheduled for upcoming weeks. B. Mayor & City Council There was nothing additional to report on at this time. 12. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of April 12, 2004, at 8:16 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Attest: //j /