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052404 CC Reg Min . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MAY 24, 2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Acting Mayor Garfunkel called the meeting to order at 7:00 P.M. A. Roll Call Present: Acting Mayor Garfunkel~ Councilmembers Lizee (arrived 7:05 P.M.), Turgeon, and Zerby, and Administrator Dawson~ Associate City Attorney Mayeron for Attorney Keane~ Engineer Brown~ Finance Director Burton, and Planning Director Nielsen Absent: Mayor Love B. Review Agenda Acting Mayor Garfunkel reviewed the Agenda for the evening. Administrator Dawson requested Item 9C, Authorize Easement Agreements for County Road 19 Reconstruction Project, be removed from the Agenda for the evening, as Engineer Brown would provide an update in its place. . Zerby moved, Turgeon seconded, Approving the Agenda as amended. Motion passed 3/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 10, 2004 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of May 10, 2004, as presented. Motion passed 3/0. 3. CONSENT AGENDA Zerby 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 C. Approvals for Excelsior Firefighters Relief Association Dance on July 16, 2004 1. Adopting RESOLUTION NO. 04-045, "A Resolution Approving a Temporary 3.2 Percent "On-Sale" Non-Intoxicating Malt Liquor License." 2. Special Event Permit 3. Temporary Sign Permit - 24100 Smithtown Road . . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 24, 2004 Page 2 of8 D. Adopting RESOLUTION NO. 04-046, "A Resolution Authorizing Payment from the State to the City for Freeman Park Access Closure, M.S.A. Project No. 216-101-03, City Project no. 01-07." E. Agreement for Meeting Space for Lake Minnetonka VFW Post #5919 F. Sign Permit Requests 1. Applicant: Hairazors Salon Location: 23690 Highway 7 2. Applicant: Shorewood Liquor Location: 23670 Highway 7 G. Adopting RESOLUTION NO. 04-047, "A Resolution Accepting Bids and Awarding Contract for Bituminous Seal Coating of Streets." H. Shorewood Yacht Club Multiple Dock Facility License 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 May 11, 2004 Commissioner Gilbertson reported on matters considered and actions taken at the May 11, 2004, Park Commission Meeting (as detailed in the minutes of that meeting). Councilmember Lizee arrived at 7:05 P.M. In response to Councilmember Turgeon's question, Commissioner Gilbertson explained City Staff would be working with Astroturf consultants regarding a consideration of Astroturf in the batting practice areas. With regard to the sponsorship issue for the Music in the Park series, Commissioner Gilbertson explained sponsorship would be noted in a subdued fashion, probably with recognition noting contributions on program flyers. Associate City Attorney Mayeron arrived at 7: lOP .M. CITY COUNCIL REGULAR MEETING MINUTES MAY 24, 2004 Page 3 of 8 . B. Authorizing Expenditure of Funds for Music in the Park Lizee moved, Turgeon seconded, Authorizing Expenditure of Funds for the "Music in the Park" series of events. Motion passed 4/0. 8. PLANNING A. Preliminary Plat - Linden Hills 2nd Addition Applicant: Water Street Homes, LLC Location: 5940/5950/5960 Lake Linden Court Director Nielsen explained the applicant, representatives of Water Street Homes, LLC, proposed combining three lots in the Linden Hills subdivision, and then splitting the resulting parcel into two building sites. He also noted the property was zoned R-IC, Single-Family Residential, and contained approximately 61,371 square feet of area. . Director Nielsen then explained that although the existing lots were recently platted and conformed to the minimum requirements of the R-IC district, the newly proposed lots were better suited to the size of homes being built in the Linden Hills subdivision. The new lots would be 30,992 and 30,379 square feet in area, respectively. Also, since the original Linden Hills plat was so new, the proposed combination/division of the subject lots had been processed as a formal plat. This eliminated the need for a public hearing to vacate the drainage and utility easements created with the original plat. It also avoided unnecessarily long metes and bounds legal descriptions for lots that had already been platted. He went on to state approval was recommended, subject to the applicant providing an up-to-date (within 30 days) title opinion for review by the City Attorney, and the final plat being recorded within 30 days of the Council's approval of the request. Zerby moved, Turgeon seconded, Adopting RESOLUTION NO. 04-048, "A Resolution Approving a Preliminary Plat for Linden Hills 2nd Addition, for Water Street Homes, LLC, 5940/5950/5960 Lake Linden Court." Motion passed 4/0. Rick Carlson of Water Street Homes, requested clarification on the action taken by Council this evening. Director Nielsen explained the final plat had not yet been submitted in its entirety, and thus would require later action by Council on the final plat. B. C.U.P. for Telecommunications Facility Applicant: T-Mobile USA, Inc. Location: 5500 Old Market Road (Southeast Water Tower) . Director Nielsen explained the City Council had authorized T -Mobile to make an application for a conditional use permit to locate telecommunications facilities at 5500 Old Market Road on Shorewood's Southeast Area Water Tower. T-Mobile proposed erecting telecommunications antennae around the stem of the water tower at the level the now bankrupt Metricom had its equipment. It also proposed to use the fenced-in area currently occupied by Metricom's equipment to place the equipment cabinets at the base of the tower. The proposed antennae would be located around the stem of the water tower approximately 76 CITY COUNCIL REGULAR MEETING MINUTES MAY 24, 2004 Page 4 of8 . feet high, and the equipment platform would be a little larger than what was currently on the site, measuring approximately 11' x 20' . Director Nielsen went on to review the land use and code requirement issues related to the request. He stated approval of the conditional use permit would be subject to the following: 1. Complying with the recommendation of the City Engineer with respect to structural and operational issues. 2. The applicant must enter into the City's lease agreement including provisions for annual monitoring. 3. Since the applicant was responsible for the removal of the Metricom equipment, Staff was recommending the current lease rate of$1500 per month not be increased at this time. There were provisions for the standard lease agreement for annual rate escalation, based on the CPI or four percent, whichever was greater. Director Nielsen also noted a change to the draft resolution shared with Council this evening, specifically on page 13 of the document, which should include language providing deletion of the estoppels section and the entire agreement was to be construed according the Minnesota State law. In response to Councilmember Garfunkel' s question, Director Nielsen stated monies had been received from the now defunct Metricom, but they were not adequate for equipment removal or rent due, Thus, the retainage of the current equipment from Metricom was an attempt at remedy of these monies. . Jess Louk, representing T -Mobile USA, Inc., requested flexibility on the start date stated in the agreement for the project. He noted the final contract approval would need to be subject to and contingent upon City Attorney approval. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 04-049, "A Resolution Granting a Conditional Use Permit for Telecommunications Facility, for T-Mobile USA, Inc. (Voicestream Minneapolis, Inc.) 5500 Old Market Road (Southeast Water Tower). Motion passed 4/0. C. C.U.P. for Accessory Space over 1200 Sq. Ft. Applicant: O. Dale Larson (Rep. by Sharratt Design & Co.) Location: 27980 Smithtown Road Director Nielsen explained Sharratt Design, representing the applicant, was in the process of constructing a new home on the property located at 27980 Smithtown Road. The new house was designed with a storage area adjoining the garage that technically counted as part of the dwelling. The owner had decided to make this space part of the garage, and since the area of the space added to the garage would exceed 1200 square feet, the change necessitated a request for Conditional Use Permit. He went on to state the property was zoned R-IA1S, Single Family ResidentiallShoreland, and contained approximately 44,170 square feet in area. The garage currently contained 1200 square feet in area and would be 1310 square feet with the proposed change. The proposed home contained 12,700 square feet on three levels. Director Nielsen stated this request complied with all criteria for granting a Conditional Use Permit in this case. . Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 04-050, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to O. Dale Larson, (represented by Sharratt Design & Co.), 27980 Smithtown Road." Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES MAY 24, 2004 Page 5 of8 . D. Zoning Ordinance Text Amendment to R-C District Conditional Uses Director Nielsen reviewed the proposed changes to the current zoning text to the Residential- Commercial(R-C) District Conditional Uses. He specifically noted proposed changes to daycare use within the R-C District, as well as conditions for that use related to parking, screeninglbuffering, and play area size. He also explained the Planning Commission had recommended a change in the hours of operation for businesses within the R-C district proposed as 7:00 A.M. to 9:00 P.M. Changes to signage were recommended as allowing two signs per property, and allowing illuminated signage with specific restrictions. Turgeon moved, Lizee seconded, Adopting ORDINANCE 403. "An Ordinance Amending Section 1201.19 (R-C District) ofthe Shorewood Zoning Code." Motion passed 4/0. E. Final Stage Plans - Bosworth P.U.D. Applicant: Dr. Kelly Bosworth Location: 6120 and 6140 Lake Linden Drive . Director Nielsen briefly explained the history of the case, noting the applicant proposed constructing two buildings on one site in a phased construction timeline, as part of a Planned Unit Development (P.U.D.). He went on to explain the Planning Commission had spent a considerable amount of time researching and reviewing this case, and as a result, had developed a conditional use process with limitations that would allow day spa use. He also stated parking concerns were remedied utilizing net square footage calculations and were consistent with other ordinances in utilizing these parking calculations. Director Nielsen noted a draft development document was before Council for consideration this evening, and he went on to note the following remaining items outstanding. . 1. A final tabulation of impervious surface to lot area ratio needed to be submitted verifying that the project would not exceed 66 percent hardcover. Director Nielsen noted these calculations had recently been submitted for impervious surface, and the calculations submitted for the north lot, including garage, was 56.84%, and the southerly lot, also including garage, was calculated at 60.13 %, both well within the hardcover maximums allowed within this zoning district. 2. The landscape plans must be signed by a registered landscape architect. This item was determined to be an oversight by the landscape architect and would be submitted promptly. 3. The developer must submit a construction schedule (i.e. site work, buildings, parking lot, landscaping, etc). While the schedule submitted was a bit abbreviated, Director Nielsen explained the schedule indicated construction would begin in June of this year, with approximately 95% of the project completion being demonstrated sometime in December of this year. Landscaping plans would then carry into the following spring due to necessity of the seasons for final completion of the project. 4. The developer must submit bids, or estimates prepared by his engineer and landscape architect, for the costs of the required improvements (e.g. landscaping, paving and striping). 5. The landscape plan should indicate how the northerly lot will be restored after rough grading. The northerly lot would be "rough graded" as part of initial construction and Director Nielsen had requested information demonstrating how that grading would fit into the presumed construction schedule for the project. 6. Several issues regarding protective covenants remained to be drafted by the applicant's attorney. These issues included: CITY COUNCIL REGULAR MEETING MINUTES MAY 24, 2004 Page 6 of8 . . joint use and maintenance of the common driveway and any shared parking . architectural standards for the second building . name of the attorney preparing the document . include City of Shorewood as a signatory Subject to review and approval of the City Attorney for the items listed, approval was recommended by Staff. Dr. Bosworth, applicant, stated despite the remammg issues related to expenses and indemnification responsibilities, illuminated signage, and determination of responsibility for successors, he was anxious to get started on the project. He requested Council consider his request for signage to be illuminated twenty- four hours, as the proximity of the proposed signage would be well away from residents and would face the commercial areas across Lake Linden Drive. Councilmember Turgeon stated she had heard lengthy discussions by the Planning Commission regarding illuminated signage in this case, and the majority of the Commission belived flexibility had been given in this case to allow illuminated signage to coincide with hours of operation. Acting Mayor Garfunkel stated he was a bit concerned as the Council had just approved an amendment regarding the hours of illuminated signage in the R-C district, and he did not believe it made much sense to change at this point in time. . Councilmember Turgeon requested items for resolution be included in the motion on this case. Engineer Brown requested a condition to include the applicant's engineer finalizing construction drawings prior to a preconstruction meeting on the project also be included as part of the motion on this case. Turgoen moved, Zerby seconded, Approving Final Stage Plans for the Bosworth Planned Unit Development, subject to Planning and Engineering Staff Approval, as well as the City Attorney's approval of the protective covenants, and development agreement, specifically the indemnification clause. Motion passed 4/0. Turgeon moved, Zerby seconded, Approving ORDINANCE NO. 404, "An Ordinance Amending the Shorewood Zoning Code." Motion passed 4/0. 9. GENERAL/NEW BUSINESS A. Selection of Consultant for Liquor Operations Study . Administrator Dawson explained the 2004 Liquor Enterprise Budget had made monies available for consulting services to determine the feasibility of opening a third store within the City. After further consideration, the Liquor Committee believed it more prudent to utilize these funds to do an analysis of the City's entire system to determine the optimal arrangement of stores. Firms had been interviewed and Staff analysis noted the different approaches, qualitative and quantitative, for each firm. Staff recommended, along with the Liquor Committee the City Council authorize services of Dakota Worldwide, Inc., and if need be, Springsted, Inc. as well for its qualitiative review. Given the substantial fund balance for the third . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 24, 2004 Page 7 or8 store, the Liquor Committee and Staff believed it was important a thorough analysis be conducted to guide the City on how to utilize these funds. Turgeon moved, Lizee seconded, Authorizing the Services of Dakota Worldwide, Inc., per its proposal of April 8, 2004, and also to inform Springsted. Inc., that the City would engage its services, at fees to be agreed upon at a later date, should the City determine it prudent to do so after deciding a course of action based on the report by Dakota Worldwide, Inc. Motion passed 4/0. B. Appointment to Shorewood Parks Foundation Board of Directors Administrator Dawson explained the by-laws of the Shorewood Parks Foundation provide that the Board of Directors nominate candidates to serve on the Board, and the Council's role was to affirm the appointments. He stated the Board of Directors of the Shorewood Parks Foundation nominated Paula Callies to serve as a director to its Board through February 28,2007. Councilmember Lizee stated she believed Ms. Callies would make a fme addition to the Board. Lizee moved, Zerby seconded, Appointing Paula Callies to serve as a Director on the Shorewood Park Foundation Board through February 28, 2007. Councilmember Turgeon stated she would be abstaining from this motion, as she did not think the Council needed to be making appointments to the Board of Directors. She stated she thought it was micromanaging a situation that certainly did not require it. Councilmember Zerby stated the Shorewood Parks Foundation by-laws would need to be changed. Until that time, Council needed to act on this request. Motion passed 3/0/1, with Turgeon abstaining. C. Authorize Easement Agreements for County Road 19 Reconstruction Project This item was removed from the Agenda for the evening. 10. ENGINEERING/PUBLIC WORKS None. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Engineer Brown stated progress had been made in working with issues related to the Cooperative Agreement for the County Road 19 project. He stated he believed plans and specifications, easement provisions, and the Cooperative Agreement for this project would be presented at a Regular City Council Meeting in the near future. . . . CITY COUNCIL REGULAR MEETING MINUTES MAY 24, 2004 Page 8 of 8 B. Mayor & City Council There were no additional reports at this time. 12. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of May 24, 2004, at 8:14 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ATTEST: Woody Love, Mayor