Loading...
061404 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 14,2004 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:02 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, and Turgeon, Administrator Dawson; Attorney Keane; Engineer Brown; and Planning Director Nielsen Absent: Councilmember Zerby and Finance Director Burton B. Review Agenda Lizee moved, Garfunkel seconded, Approving the Agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 24, 2004 Turgeon moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of May 24, 2004, as presented. Motion passed 4/0. 3. CONSENT AGENDA Mayor Love reviewed the Consent Agenda. Engineer Brown noted a technical change would need to be made to Item 3F, where by the dates listed in the draft resolution should have reflected a bid opening of July 21,2004 at 10:00 A.M. Lizee moved, Garfunkel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List. B. Adopting RESOLUTION NO. 04-051, "A Resolution Approving the Temporary Appointment of a Seasonal Worker." C. Approval of Assessor's Agreement. D. Adopting RESOLUTION NO. 04-052, "A Resolution Approving the Final Plat of Linden Hills Second Addition for Water Street Homes, LLC., 5940/5950/5960 Lake Linden Court." E. Approval of Temporary Sign Permit for MidCountry Bank (FKA Bayside Bank), Shorewood Village Center - 23800 State Highway 7. CITY COUNCIL REGULAR MEETING MINUTES June 14, 2004 Page 2 of 11 . F. Adopting RESOLUTION NO. 04-053, A Resolution Approving Plans, Specifications and Estimates and Authorizing Advertisement for Bids for Birch Bluff Road and Shady Island Lift Rehabilitation Project, City Project 04-03." Motion passed 4/0. 4. MATTERS FROM THE FLOOR Don Aslesen, 26055 Shorewood Oaks Drive, stated his immediate concern was trying to control the waters that flowed through his property into Freeman Park. He stated he had met with Engineer Brown and Mayor Love in the recent past at the Park to witness the drainage firsthand. He expressed concern for damage to his home and ball fields in the park. He estimated approximately 100,000 gallons of water flowed through his property recently due to the very wet weather the entire area had experienced recently, and noted his sump pump was quite taxed to keep up with the drainage in the area that had seeped into his home. He went on to thank Engineer Brown and Mayor Love for efforts in the past to alleviate drainage in the area by trying to regrade the southerly parking lot in Freeman Park and placing drain tiling across the street from his property; however, he stated they were not mitigating the drainage on his property. He stated he would be responsible for the water that landed in his yard, but requested the City be responsible for the water that continued to pool in the area despite recent efforts noted. He requested the City place culverts on or near his property to remove the pooling water prior to the end of the summer, and he also requested the City reconsider providing adequate storm drains in the southerly parking lot of Freeman Park. . Mayor Love stated he had met with Mr. Aslesen recently and had a number of talks prior to that meeting regarding this issue. He stated while no system was infallible, the system in that area seemed burdened beyond expectations. Engineer Brown explained all systems within the City were taxed at this point in time, due to the large amounts of recent rainfall in the area. However, he also noted the amount of water flowing through the Shorewood Oaks area could be quite dramatic, and having the southerly parking lot of Freeman Park paved and placing storm sewers there could be helpful. He stated efforts had been made to consider "regionalizing" the water issue. By this, he explained, rather than fix each individual problem area on a crisis occurrence, the City would be examining overall area drainage concerns and what measures could be taken economically to mitigate the excess drainage in those areas. Mr. Aslesen stated he would appreciate anything that could be done to avoid water pooling on his property . Mayor Love stated there was a tremendous amount of flooding occurring in that area and a record of concerns and history of those concerns had been noted. Engineer Brown invited Mr. Aslesen to future City Council Work Sessions on the "regionalization" approach to drainage. 5. REPORTS AND PRESENTATIONS A. Report by LMCC Representative Patrick Hodapp . Pat Hodapp, 26195 Shorewood Oaks Drive, and Shorewood's representative to the Lake Minnetonka Communications Commission (LMCC), reported on recent activities of the LMCC. He explained the LMCC was a dedicated group of volunteers and all officers had been re-elected to the LMCC Board recently for the upcoming year. He went on to explain Council meetings would be recorded utilizing . . . CITY COUNCIL REGULAR MEETING MINUTES June 14, 2004 Page 3 of 11 DVD equipment in the near future. Also, the FCC had ruled the LMCC was not authorized to make rulings on data access for a cable modem. He also provided an update on the effective competition filing by Mediacom that would not allow the LMCC to have authorization over cable rates in the area. He also noted the healthy financial condition of the LMCC. He encouraged the public to take advantage of local cable access opportunities, including production of local programming. He stated anyone interested in producing or creating local programming should submit works of public interest to the LMCC. Discussion ensued regarding the potential for digital production of public meetings, including the Excelsior Fire District Board and South Lake Minnetonka Police Department Coordinating Committee meetings. Councilmember Turgeon suggested a list of equipment necessary for digital recording be distributed to each local municipality to ensure quality of the sound for those meetings. Mayor Love thanked Mr. Hodapp for his time and report on behalf of the Council. 6. PUBLIC HEARING There were no Public Hearings this evening. 7. PARKS A. Report on Park Commission Meeting Held June 8, 2004 Commissioner Meyer reported on matters considered and actions taken at the June 8, 2004, Park Commission Meeting (as detailed in the minutes of that meeting). She also noted the recent resignation of the Park Commission Chair Arnst. She noted the many fine accomplishments undertaken by the Park Commission under the guidance of Chair Arnst, and noted she would be greatly missed. Councilmember Turgeon questioned whether there was a rain date for the cancelled June 11, 2004, Music in the Parks event. Engineer Brown explained there was not a make up date for that concert event, and hopefully, the July 9, 2004, event would not be impeded by severe weather as the first event had been. Mayor Love suggested the City check into the cost of rain insurance for such events should the City be interested in continuing the annual concert series. B. Accept WSB report regarding Freeman Park Wetland Engineer Brown explained the City had contracted with WSB & Associates to provide a project report regarding the Freeman Park Wetland Enhancement and Interpretive Center. He stated this report was prepared to explore and obtain funding sources for this project. He went on to explain Freeman Park included several unique features, included a heavily wooded area with a looping trail, as well as a wetland area serving as a detention area for storm water. He then reviewed the report presented, noting the concept plan proposed deep marsh and shallow marsh areas, as well as a wet meadow, and an educational/informational kiosk. He then reviewed the potential cost to the project, noting the feasibility of the report would be predicated upon Staff success in raising outside funding to support such a project. He stated the Park Commission and Staff were recommending Council accept the report, and once approved, solicitations for funding could be explored through other various governmental agencies. Mayor Love commented this area seemed a good place for exploration of regional ponding for the area. Councilmember Turgeon thanked the Park Commission for its efforts and noted this could be a beautiful CITY COUNCIL REGULAR MEETING MINUTES June 14, 2004 Page 4 of 11 . enhancement to the Park. Councilmember Lizee stated she thought it a wonderful opportunity to work with the Minnetonka School District as well where students could be working in and with nature to learn about the wetland environments. Turgeon moved, Lizee seconded, Accepting the Report Prepared by WSB & Associates Regarding the Freeman Park Wetland Enhancement and Interpretative Center. Motion passed 4/0. 8. PLANNING Commissioner Packard reported on matters considered and actions taken at the June 1, 2004, Planning Commission Meeting (as detailed in the minutes of that meeting). A. C.U.P. for Telecom Facility Equipment Applicant: Verizon Wireless, LLC Location: 24283 Smithtown Road (Co. Rd. 19) Director Nielsen explained Buell Consulting, Inc., on behalf ofVerizon Wireless, had submitted plans to add a backup generator to its telecommunications facility, located at 24283 Smithtown Road. In addition to a cellular tower and telecommunications building on the rear of the property, a used car lot occupied the front half of the site. Both uses were subject to conditional use permits. . He went on to explain the property was zoned C-3, General Commercial, and contained approximately 19,254 square feet of area. Director Nielsen explained the land uses and zoning surrounding the site included County Road 19 and commercial sites in Tonka Bay to the north; an auto repair shop, zoned C-3 to the east; Badger Field, zoned RI-C, Single Family Residential to the south; and a convenience store with gas station, zoned C-3 to the west. He also noted the proposed generator would occupy a space measuring approximately 3' x 12' and was situated in a soundproof enclosure and surrounded by a six-foot-high board-on-board fence. Director Nielsen further explained there were three issues of concern with the request. First, a number of nonconformities existed with the site and were mostly associated with the car lot. Cars displayed for sale were parked with no observance of setbacks. He explained it appeared these cars were parked right up to the front and side lot lines. The parking lot was not curbed, making it difficult to control where display cars were parked. The repair shop in the middle of the site was a pole barn, which was not allowed under the current Code. Noise was the second issue of concern and was considered easier to address. The applicant was required to do whatever was necessary to comply with Minnesota Pollution Control standards. Director Nielsen stated it should be noted the site was subject to two different thresholds, one for residential to the south and a less stringent standard for the adjoining commercial properties. At the residential side of the site, noise levels could not exceed 65 dba during the day and 55 dba at night. The threshold for the commercial sides of the site was 70 dba both day and night. The third issue of concern was screening and it, too, was considered relatively easy to resolve. The site was already quite well screened from the park side of the site, at least during the "leaf-on" season. . Director Nielsen also explained the owner of the site had expressed concern for some of the recommendations made by the City for bringing the site into conformity, and had requested the case be continued for 30 days. CITY COUNCIL REGULAR MEETING MINUTES June 14, 2004 Page 5 of 11 . Turgeon moved, Garfunkel seconded, Continuing the Request for Conditional Use Permit for Verizon Wireless LLC, 24283 Smithtown Road (Co. Rd. 19) to the July 12, 2004, Regular City Council Meeting. Motion passed 4/0. B. Minor Subdivision/Combination (Att. - Draft Resolution) Applicant: Bill Zucco Location: 4485 Enchanted Point Director Nielsen explained the applicant owned the property at 4485 Enchanted Point. The City owned a portion of the property of this site, and Mr. Zucco had requested the City vacate that area of the property. The City Council granted that request approximately one year ago in exchange for additional right-of- way since Enchanted Point was considered such a narrow roadway. The simple subdivision and combination was not approved at that time, and thus had necessitated this request. Should the property ever become developed further, this action would help to bring the property into conformity. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 04-054, "A Resolution Approving a Minor Subdivision/Combination for Francis J. Zucco and Mary Anne Grams." Motion passed 4/0. C. Minor Subdivision Applicant: Location: Tom Kelsey 5705 Smithtown Way e Director Nielsen stated the owners of the property located at 5705 Smithtown Way proposed to subdivide the lot into two building sites. The property was zoned R-1C, Single-Family Residential; was occupied by the applicant's home and a detached garage; and contained 61,755 square feet in area. The proposed lots were estimated to be 41,755 square feet and 20,000 square feet in area. Both of the proposed lots complied with the requirements of the R-1C zoning district, and the building pads also complied with setback requirements. Director Nielsen also noted that despite the westerly lot being half the size ofthe easterly lot, the westerly lot was still considered to be buildable. Sanitary sewer was available to the new lot, although a new service might have to be constructed upon application for a building permit. Director Nielsen recommended that the minor division be approved, subject to a number of conditions set forth in the draft resolution. Mr. Tom Kelsey and Ms. Ingrid Schaff, applicants, were present and stated they would be happy to answer any questions the Council had of them. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 04-055. "A Resolution Approving Subdivision of Real Property for Thomas Kelsey and Ingrid Schaff." Motion passed 4/0. D. Variance to Increase Nonconformity of Nonconforming Garage Applicant: Thomas Thiss Location: 6110 Ridge Road . Director Nielsen explained the history of this case, noting that in April the City had approved a minor subdivision of the property at 6110 Ridge Road for the applicant. The original subdivision application included a variance to the bluff setback requirements for the new lot. A condition of that approval was that a nonconforming garage on the property would be moved or removed from the property. The applicant had indicated he would apply for a variance to keep the garage and had now done so. CITY COUNCIL REGULAR MEETING MINUTES June 14, 2004 Page 6 of 11 . Director Nielsen went on to explain that as noted in his March 5, 2004, Staff report, the garage was already nonconforming with respect to side yard setbacks. Instead of the required 10-foot side yard minimum, the garage was only 1.2 feet from the northerly lot line. In addition the nonconformity would be increased by the subdivision in that it would not comply with the new front yard setback requirement that would result from the proposed subdivision. Once the new lot line was recorded, the front yard setback for both lots would become 65 feet measured from the traveled surface of the road (15' + 50' for private roads). The garage, according to the applicant was 27 feet from the road. With regard to analysis and recommendation for the case, Director Nielsen stated while the building was "grandfathered in" with respect to nonconforming side yard requirement, a change, such as the proposed subdivision, provided the City with the opportunity to correct the nonconformity. Of equal importance was that the division would not create or increase existing nonconformities. He then cited the City's zoning code with regard to bringing nonconforming structures into conformity. He also noted the applicant could provide a parking space along Ridge Road as required in other locations in that area. Director Nielsen stated removal of the subject garage would ensure that it not be used to allow future structures on the two adjoining lots to be closer to the road than the desired/required building setbacks would allow. Director Nielsen also stated the original recommendation for the case included removal of the garage by July 1, 2004. He requested this removal deadline be moved to August 1,2004. Thomas Thiss, applicant, stated he had been present before the Council recently and he stated he appreciated the efforts of the Council and Commission in granting his previous variance request. He stated he had spoken with his real estate attorney who stated it would be difficult to comply with the City Code due to steep topography in winter and also the narrowness of the roadway. These conditions would present a hardship for Mr. Thiss. e Mr. Thiss also presented photos of the garage and noted he had submitted a petition from his neighbors in support of his request to keep the garage. He went on to state the average setback issue would not be of concern to his neighbors as both houses adjacent to his lot had large homes and access to these structures would not be a problem should his garage. Furthermore, he stated additional building on these lots was considered to be remote. He stated he would appreciate further consideration by Council in this matter, and thanked the Council for his time. Councilmember Turgeon stated she was concerned for setting a precedent in deviating from the average setback issues presented as part of this case. She stated the applicant was not being deprived of a garage, as there was an attached garage on site, and thus no hardship existed. Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 04-056, "A Resolution Denying a Variance to Increase the Nonconformity of a Nonconforming Structure for Thomas Thiss, 6110 Ridge Road." . Mayor Love stated he supported the motion and while he appreciated the historic nature of the garage structure, the intention of the City was to bring nonconforming structures into compliance when possible. Councilmember Garfunkel agreed, noting it was not with pleasure that actions like this one needed to be taken. Councilmember Turgeon stated it was a difficult to decision for all parties involved in this planning request, and the Council and Commissions were charged with following the ordinances adopted by the City. CITY COUNCIL REGULAR MEETING MINUTES June 14, 2004 Page 7 of 11 . Motion passed 4/0. Turgeon moved, Garfunkel seconded, Extending the Deadline for removal of the Garage Structure owned by Thomas Thiss, 6110 Ridge Road to August 1, 2004." Motion passed 4/0. 9. GENERAL/NEW BUSINESS Engineer Brown stated it would be beneficial for all parties if the Council would allow the next three Agenda items to be discussed concurrently. He next introduced Craig Twinem of Hennepin County Department of Transportation, and Don Sterna of WSB & Associates, the City's consultant for this project. Without objection from Council, Engineer Brown then proceeded with discussion ofItem 9A, B, andC. A. Approval of County Road 19 Intersection Project Plans, Specifications and Estimates, and Authorize Advertisement for Bids e Engineer Brown summarized briefly the proposed plans specification for the County Road 19 Intersection project, noting the plans had not changed significantly from previous updated reports on the project. Any persons interested in viewing the proposed plans for the project could view them in their entirety at City Hall. He summarized plan elements related to typical sections, a grit chamber, traffic control plan, the "floor plan" of construction, Gideon Glen Pond, retaining walls and ornamental railings, planting areas, signing and striping plans, street lighting, advance warning flashers for the public safety facility, utilities, and costs related to the project. He explained the cost of the project was to be funded through Minnesota State Aid (MSA) monies. He also explained the City of Shorewood in the interest of time, had agreed to administer the construction contract for the County. The suggested date for bid opening was on August 4, 2004, with an anticipated award of bid from the Shorewood City Council on August 9, 2004. Engineer Brown explained the project would most likely begin this year with the construction of retaining walls and undergrounding of utilities in the intersection area. A brief discussion of the style of lighting proposed for the intersection project ensued. B. Approval of County Road 19 Intersection Project Cooperative Agreement Engineer Brown reviewed the proposed cooperative agreement related to the County Road 19 project. A list of various responsibilities for the City of Shorewood and Hennepin County had been summarized as followed: + Shorewood is to administer construction. The contract states: "The City of Shorewood or its agents, at the sole cost and expense of the City of Shorewood, shall prepare the necessary plans, specifications and proposals; shall advertise for bids for the work and construction; receive and open bids pursuant to said advertisement; and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder. " . + Hennepin County personnel was to perform the inspection duties for the project. In turn the Cities of Shorewood and Tonka Bay were to reimburse Hennepin County 8 percent of the construction costs for said services. . . . CITY COUNCIL REGULAR MEETING MINUTES June 14, 2004 Page 8 of 11 . The Contract stated the City Engineer of the City of Shorewood is to complete all aspects of public relations for the project. . The City of Shorewood was to participate financially at a rate of 50 percent of right-of-way acquisition costs. The contract stated the following: "The City of Shorewood shall reimburse the County for fifty (50) percent of the final cost of all additional right-of-way, permits and/or easements requiredfor the construction of said Project within the City of Shorewood, plus all costs incurred by the County in acquiring said right of way, permits and/or easements within the City of Shorewood. " . Hennepin County had proposed compensation for the County's portion of the Gideon Glen pond, based upon a pro-rata share of the square-foot cost of the entire parcel, paid by the City of Shorewood to purchase the property. Engineer Brown noted this was for the pond area, and not the parcel area. Using this basis and the County's tributary area to the pond of equated to a sum of$12,994.00. . Through Hennepin County's Roadside Enhancement Partnership Program (REPP), the County will participate in 50 percent of the costs (not to exceed $128,100), for the undergrounding of utilities. . Similarly, Hennepin County's REPP will participate in 50 percent of the street lighting costs, and 33 percent of the landscaping costs (not to exceed $85,400). . With regard to tree replacement, the contract stated the following: "The County will participate in the replacement of trees removed necessary for the construction of the Project to the extent of State Aid participation. As set forth in the County's Cost Participation Policy, the County's participation shall be a two to one replacement on trees and shall be limited to one (1) percent of the total construction costs for the Project. It is further understood that the actual amount of the County's participation shall be determined using the actual contract unit prices for the eligible pay items and the actual quantities of work completed on the Project, subject to the aforesaid stated limits. " . Shorewood shall agree to compensate the County for Shorewood's portion of signal control equipment, supplied in accordance with the plans, for the traffic control signal. . The City of Shorewood shall remove and replace all City owned signs for the project. . Each City shall install and maintain "No Parking Signs" along the project. . The City of Shorewood shall cause to have installed, at its own expense, an electrical service for the traffic signal system. . The City of Shorewood shall relamp and re-fuse the signal system, after acceptance of the proj ect. . CITY COUNCIL REGULAR MEETING MINUTES June 14, 2004 Page 9 of 11 . . After considerable discussion regarding the retaining walls, the agreement was modified to the following: Upon completion of the Project the Cities, at their sole cost and expense, will perform all routine maintenance on the retaining walls constructed as a part of the Project. In the event, at any time in the future, that the retaining walls constructed as a part of the Project are rehabilitated and/or replaced the County agrees to participate in fifty (50) percent in the City of Shorewood and one hundred (100) percent in the City of Tonka Bay the costs of rehabilitation and/or replacement for said walls. . The City of Shorewood was to maintain the ponding facilities, grit chamber, and storm water facilities associated with the Gideon Glen Project. . Cities shall be responsible for the removal of any snow that accumulates on the sidewalks, paths, and ramps. Engineer Brown went on to explain, with the exception of performing construction-engineering services, the City of Shorewood had the "lion's share" of responsibilities. More specifically, responsibility of installation of the electrical service and associated costs would fall solely on the City of Shorewood. Similarly, ongoing electrical costs were also shown as the responsibility for the City of Shorewood. . Simihirly, the agreement stated that the City of Shorewood's City Engineer was to be solely responsible for any project liaison duties. This item should either be handled by the County, or distributed as a cost to all parties of the contract. Despite all the conditions to the agreement, Engineer Brown noted Staff was recommending approval of the agreement to expedite the project. C. Authorize Easement Agreements for County Road 19 Reconstruction Project Engineer Brown briefly reviewed the easement agreement for the project, noting an agreement had been reached for compensation for the Southshore Senior Community Center easement, and Gideon Glen's easement. He stated the County was not willing to participate in easement costs at all in this project. He also stated this agreement would be presented at the June 28, Regular City Council meeting for further consideration as changes remained to be made prior to s~bmission for approval. Mayor Love thanked Engineer Brown for his reports, and stated he appreciated the sensitivity shown to the City's cost and schedule for construction. Engineer Brown then introduced Craig Twinem, of the Hennepin County Department of Transportation, to Council. Mr. Twinem stated he had been authorized by the County Board of Commissioner to install a temporary signal at the intersection as the proj ect proceeded, and anticipated the signal would be operational in the fall of this year. . Mayor Love stated avoiding unnecessary levels of confusion was considered paramount for implementation of a temporary signal for the project. He stated he wanted to be sensible in this CITY COUNCIL REGULAR MEETING MINUTES June 14,2004 Page 10 of 11 . approach, and he understood the rationale of the County's decision, however, public safety was a large issue in this project, and he wished the transition to be safe and effective for local residents. Councilmember Turgeon stated she still remained concerned for the use of the MSA funds for this project. She stated she would like to see additional compensations made by the County as she believed the City had done more than its "fair share" in this project. Councilmember Garfunkel stated it was a "tough pill to swallow" when the City of Shorewood. was expected to fund 25% of the intersection project that would benefit all motorists regardless of original locale. Mayor Love stated he was sympathetic to concerns raised by Council; however, it was important to realize the benefits of completion of the project for years to come as well as the economic vitality to be added to the area. With regard to Item 9A, Garfunkel moved, Turgeon seconded, Adopting RESOLUTION NO. 04- 057, "A Resolution Approving Plans, Specification and Estimates and Authorizing Advertisement for Bids for the County State Aid Highway 19/5mithtown Road Intersection Reconstruction Project; S.A.P. 27-619-18, S.A.P. 216-020-02." Motion passed 4/0. With regard to Item 9B, Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 04-058, "A Resolution Authorizing the Mayor and City Administrator to Enter into a Cooperative Agreement with Hennepin County and the City of Tonka Bay, C.S.A.H. 19 Reconstruction Project, S.A.P. 27- . 619-18 and S.A.P. 216-020-02." Motion passed 4/0. 10. ENGINEERINGJPUBLIC WORKS Engineer Brown stated there were no other Engineering or Public Works items to be discussed this evemng. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff Administrator Dawson noted there would be a brief meeting of the Excelsior Fire District Board on Wednesday, June 23, 2004, 6:00 P.M. A South Lake Minnetonka Police Coordinating Committee public forum would be held at 7:00 P.M. that same evening. He encouraged the public to attend the SLMPD Coordinating Committee meeting as the Committee was seeking public comment regarding the next budgetary cycle for the police department. B. Mayor & City Council There was noting further to report on at this time. . . . . CITY COUNCIL REGULAR MEETING MINUTES June 14, 2004 Page 11 of 11 12. ADJOURN Turgeon moved, Lizee seconded, Adjourning the Regular City Council Meeting of June 14, 2004, at 8:53 P.M. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recordin2 Secretarv (l Woody Love, Mayor