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022805 CC Reg Min . . . CITY OF SHORE WOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 28, 2005 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 Callies, Lizee, Turgeon and Wellens; Administrator Dawson; Attorney Keane; and Engineer Brown Absent: Finance Director Burton and Planning Director Nielsen B. Review Agenda Lizee moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting, February 14, 2005 Wellens moved, Callies seconded, Approving the City Council Special Meeting Minutes of February 14, 2005, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, February 14, 2005 Wellens moved, Callies seconded, Approving the City Council Regular Meeting Minutes of February 14, 2005, as presented. Motion passed 5/0. C. City Council Work Session Minutes, February 14, 2005 Turgeon moved, Wellens seconded, Approving the City Council Work Session Meeting Minutes of February 14, 2005, as presented. Motion passed 5/0. 3. CONSENT AGENDA Turgeon moved, Lizee seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Adopting ORDINANCE NO. 412, "An Ordinance Setting License, Permit, Service Charges and Miscellaneous Fees" And RESOLUTION NO. 05-016, "A Resolution Approving Publication of Ordinance No. 412 by Title and Summary." . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 2 of8 D. Setting the Date for Public Information meeting for Radisson Road/Covington Road as Monday, April 4, 2005 Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented. 5. REPORTS AND PRESENTATIONS A. 2004 Year-End Report on the Southshore Senior Community Center by Joyce Flury Joyce Flury, Executive Director for the Southshore Senior Community Center, thanked the Council for the opportunity to present the 2004 Year End Report. She stated it was always a pleasure to speak before this Council and noted she wanted to meet the new Councilmembers. She thanked Council for its continued support of the Center and its activities. Ms. Flury invited all Councilmembers, City Staff, and interested residents to participate in an event titled, "Celebrate the Cities!" on Monday, April 11, 2005, during the lunchtime hours. She encouraged all interested parties to make a reservation for this event. With regard to the 2004 Year End Report, Ms. Flury reviewed several statistics associated with the Senior Center programming for the past year. She explained there had been approximately 1800 participants in the Year 2004, with 272 individuals from Shorewood aged 65 and older being served by Center programs. She then went on to review the growth in programming throughout the past seven years as well as transportation, volunteer hours, and dining statistics associated with Senior Center activities. On behalf of the Council, MayorLove thanked Ms. Flury for her report and questioned what issues she believed would prove the most challenging for the upcoming years' programming. Ms. Flury stated the senior dining program proved challenging each year, as well as how to attract various age seniors to the Center and continue to meet the need of all seniors. Ms. Flury also explained how the Center was funded each year, noting the Friends of the Southshore Senior Center were responsible for the funding of maintenance of the building. Councilmember Lizee stated she thought the Center offered great programming, and she thanked Ms. Flury for her fine efforts as its Director. Ms. Flury stated it was not possible without the many volunteers that made the Center functional. Councilmember Turgeon stated she appreciated the fundraising efforts of the Friends of the Southshore Senior Community Center Board as the cities served did not contribute to the building maintenance portion of the budget for the Center. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 3 of8 Mayor Love stated he commended all efforts associated with the Center as it was a wonderful addition to the community and it served as an example of the efforts of people working together as one community. He stated the Center and its programming was a fine asset for all residents to enjoy, and he wished Ms. Flury all the best in the upcoming year. Ms. Flury thanked Council for its continued support. 6. PUBLIC HEARING There were no public hearings scheduled for this meeting. 7. PARKS Engineer Brown explained there had not been a Park Commission meeting since the most recent Council meeting thus; there was nothing to report on at this time. 8. PLANNING Planning Commissioner Bob Gagne indicated he was present to respond to questions the council may have of the Planning Commission regarding the items on tonight's Council agenda. Administrator Dawson explained Engineer Brown would be providing engineering information on Item 8A and in the absence of Director Nielsen, Attorney Keane would act as Planning Director for this meeting. A. Conditional Use Permit for Fill In Excess of 100 Cubic Yards Applicant: Martin Davis Location: 26310 Birch Bluff Road Engineer Brown then summarized the history of the case, noting in December, 2004, the Planning Commission conducted a public hearing to consider a request by Martin Davis to place fill in excess of 100 cubic yards on his property at 26310 Birch Bluff Road. At that time a number of concerns were raised by Staff (see Planner's memorandum, dated 2 December 2004 and Engineer's memorandum, dated 3 December 2004). Since that meeting, Mr. Davis' engineering consultant had submitted a letter addressing Staffs concerns and a revised grading plan. Staff had reviewed these plans and recommended approval of a conditional use permit, subject to the recommendations made in the earlier staffreport and subject to the applicant making the improvements recommended by his consulting engineer. Of critical importance was the construction of the spillway from Birch Bluff Road to the southerly wetland area. Staff recommended this matter should be completed as early in the construction season as weather permitted, so as to restore drainage from the public right-of-way as soon as possible. Similar to the riprap requirement on the existing culvert on the east side of the property, riprap should be placed at the discharge end of the spillway. Staff also recommended that prior to commencement of any work, the applicant must provide cost estimates for the wetland restoration, the spillway construction, tree protection measures (consistent with the City's Tree Preservation Policy), and rip rapping. From these estimates, the C.U.P. should provide CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 4 of 8 . for a cash escrow or letter of credit in the amount of 150 percent of the estimate to ensure that the work would be completed by August of2005. Mayor Love noted the applicant was not present this evening. Councilmember Turgeon requested an additional item be added to the draft resolution for this case, including a completion date for requested work of August 31, 2005. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 05-017, "A Resolution Approving a Conditional Use Permit to Place fill in Excess of 100 Cubic Yards for Martin Davis, 26310 Birch Bluff Road, subject to Staff recommendations and including Item G. Work should be completed by August 31,2005." Motion passed 5/0. B. Zoning Ordinance Amendment Regarding Temporary Signage C. Shorewood Village Center Amendment Applicant: Shorewood Village Shopping Center Location: 23470 - 23780 Highway 7 Attorney Keane stated Items 8B and 8C would be presented together since one impacted the other. . Attorney Keane explained, with regard to Item 8B, that the Planning Commission held a Public Hearing to consider an amendment to the Zoning Code that would provide for temporary signs for new business. This action would allow time (30 days) for the business to have its permanent signs constructed. Applicants would apply for the temporary sign permit in conjunction with their permanent sign application. He also noted the Planning Commission had unanimously voted to recommend approval of the draft ordinance proposed. Attorney Keane also explained the owner of the Shorewood Village Shopping Center was remodeling some of the interior of the center, rearranging tenant spaces and creating several new, smaller shops. The result of this remodeling was that the previously approved sign plan for the center was in need of revision. He also stated representatives of the center had submitted plans showing how signs may be displayed on the building, and had also submitted revised sign criteria providing for additional, yet smaller, tenant signs, based on tenant type as outlined in the Shorewood Village Center Sign Criteria Amendment to Conditional Use Permit documentation submitted by the applicant. He stated the revised plans and sign criteria were generally consistent with the previously approved Conditional Use Permit for the center. Wellens moved, Callies seconded, Adopting ORDINANCE NO. 413, "An Ordinance Amending Section 1201.03 Subd. 11 (SIGNS) of the Shorewood Zoning Code." Motion passed 5/0. Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-016, "A Resolution Approving Publication of Ordinance No. 413 by Title and Summary." And Directing Staffto Prepare a Resolution Approving the Amended Conditional Use Permit and Revised Sign Plan for Shorewood Village Shopping Center, 23470 - 23780 Highway 7, subject to Staff Recommendations. Motion passed 5/0. . D. C.U.P. Amendment for Buildings at the Cemetery of the Resurrection CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 5 of8 . Applicant: Location: St. John the Baptist Church 5555 Covington Road Attorney Keane explained the history of this case, noting in January of 2003, St. John the Baptist Catholic Church received a conditional use permit approving a master plan for the future development of the Cemetery of the Resurrection, located at 5425 Covington Road. The master plan for this project included plans for two mausoleum structures to be built at some time in the future. The resolution approving the conditional use permit provided that church representatives would apply for an amendment to the C.U.P. at such time as the buildings were to be built and when more specific plans were available. St. John representatives had recently submitted plans one mausoleum building in a different location, and a master plan amendment that deleted the second building. The site plan for the cemetery had been revised to show a different location for the building in question from the original master plan for the project. The building was now proposed as being located further north on the site on the east side of the entry road coming into the property. The applicant also proposed demolishing the existing garage structure in that location and locating a new one further north on the site on the west side of the looped drive. He also explained the proposed building would be one story in height, with the center third of the building peaking at 30 feet. Construction materials would consist of granite and glass with a standing seam metal roof. . In addition, Attorney Keane explained, the existing maintenance building for the cemetery would be removed and a new maintenance building would be located just west of the northwest comer of the loop drive. Plans for this structure had not yet been provided; however, church representatives described it as a typical two-car (24' x 24') garage building with a gable roof and siding, earth tone in color, so as to blend into the site. Staff recommended the amendment to the St. John conditional use permit be approved subject to the proposed maintenance building being located in compliance with current zoning standards. Councilmembers requested clarification on various issues associated with the plans for the site. Concerns were raised regarding the lack of water and sanitary sewer facilities associated with plans for the building. Deacon Gary Hoffman, Business Administrator for St. John the Baptist Church, stated there would be no funeral services allowed at the cemetery, and noted the occupancy limit of 200 people was for standing room only. He stated most cemeteries did not provide restroom facilities and this particular cemetery had not had any for 80 years without issue. He stated the facility would be locked and would only be opened for committal services. Maintenance was not deemed to be a problem. Discussion ensued regarding the options available related to the City Zoning Code for including public facilities in this building. . Deacon Hoffman stated a great deal of research had been put forth in considering this issue prior to the application before Council this evening. He stated the chapel area was designed to be purposefully small and without other activities scheduled as part of its use. He stated there were currently 35 burials annually at the cemetery so he did not anticipate any problems with the proposed decisions. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 6 or8 Mayor Love stated he, too, was concerned for the lack of public facilities on site in this building, and questioned the factors involved in making such a decision. Deacon Hoffman explained the building would not be open to the public, would not be utilized for any other service other than a committal service, and had not been needed in the past 80 years. He went on to explain several visits to other cemeteries and mausoleums had been reviewed prior to design and proposal of the application presented this evening. Wellens moved, Callies seconded, Directing Staff to Prepare a Resolution Approving a Conditional Use Permit Amendment for Buildings at the Cemetery of the Resurrection, subject to the maintenance building being located within the current setback standards, for St. John the Baptist Church, 5555 Covington Road. Mayor Love stated he appreciated all the research put into the efforts, perseverance, and presentation associated with this project. Motion passed 5/0, with the maker and seconder of the motion expressing reservations with the motion regarding the lack of water and sanitary sewer utilities for this site. 9. GENERAL/NEW BUSINESS A. Park Commission Appointments Administrator Dawson explained Council had interviewed several candidates for the opinions on the Park Commission. He noted two seats were for a three-year term from March 1,2005 through February 29, 2008. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 05-018, "A Resolution Making Park Commission Appointments," appointing John Moonen, 25560 Smithtown Road, and Judy Farniok, 25405 Smithtown Road, to three-year terms from March 1, 2005, to February 29, 2008. Motion passed 5/0. B. Hennepin County No Smoking Ordinance Administrator Dawson explained Hennepin County had adopted an ordinance that would take effect on March 31, 2005, and prohibited smoking in "food establishments." He went on to explain the implications of such an ordinance regarding enforcement issues. He stated several cities in the county had adopted resolutions indicating that Hennepin County was responsible for the enforcement issues associated with such an ordinance, and then reviewed what options were available to the City of Shorewood regarding this matter. Discussion ensued regarding clarification of enforcement issues associated with such an ordinance. Lizee moved, Wellens seconded, Adopting RESOLUTION NO. 05-019, "A Resolution Declining to Adopt a Smoke-Free Ordinance Duplication the Efforts of HeI1nepin County." Motion passed 5/0. c. Request for Temporary Parking Restriction on Portion of Birch Bluff Road CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 7 of8 . Engineer Brown explained the City had received a request for a parking restriction for a portion of Birch Bluff Road where three adjoining properties would be experiencing significant construction projects in the upcoming season. He noted Staff also shared this concern due to the parking and safety issues associated with utilizing both sides of such a narrow street for parking in that area. To that end, Staff had suggested that a temporary parking restriction be authorized for one year, starting May 1, 2005. The restriction would be on the south side of the street, thereby allowing the contractors to park on the north side of the street, in front of the homes to be worked on, but also allowing pedestrian and emergency vehicle access on the south side of the roadway. Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 05-020, "A Resolution Prohibiting Parking Along Portions of Grant Lorenz Road and Birch Bluff Road." Councilmember Lizee questioned whether it would be possible to have the parking restrictions on the north side of the roadway extended through the curve area on Birch Bluff Road. Without objection of the seconder, the maker of the motion amended the motion to include in the resolution the additional parking restrictions noted as occurring On the South side of Grant Lorenz and Birch Bluff Roads described as: a point of beginning on Grant Lorenz Road, 100 feet south of the horizontal point of intersection of Grant Lorenz Road with Birch Bluff Road and continuing to an end point located 800 feet east of said point of intersection; and on the North side of Grant Lorenz and Birch Bluff Roads described as: a point of beginning on Grant Lorenz Road, 100 feet south of the horizontal point of intersection of Grant Lorenz Road with Birch Bluff Road and continuing to an end point located 400 feet east of said point of intersection; and also to include that the prohibition of parking in this area . would be in effect from May 1,2005, through April 30, 2006. Motion passed 5/0. D. Approval of the 2005 Work Program/Goals and Priorities Administrator Dawson explained Council had reviewed a draft of the 2005 Work Program/Goals and Priorities at a work session on February 14,2005. He noted Council had added several items at that time to be included that were place on the proposed 2005 Work Program/Goals and Priorities for consideration this evening. He also noted some items might need to be added or delayed throughout the year as workloads or emerging priorities would indicate. Councilmember Turgeon stated the highest priority was to be designated for Items 16 (Complete updates to the Human Resources system) and 17 (Establish employee committee to review, comment on changes to benefits). She stated she wanted these items completed by the end of May this year, as they had not been addressed in the past four years. She stated she would like to see an employee committee formed as soon as possible to begin to address these items. She also requested deadlines for completion of each item be stipulated. She stated she was concerned for the completion date of July 2005 with regard to Item 3 (City Hall Building) as the property next door to City Hall was currently for sale. Without objection from the Council, Mayor Love called a special meeting of Council for Monday, March 7, at 7:00 P.M. as it was in the best interest of the City and Council to begin discussions regarding acquisition of real estate issues for the upcoming year. . Councilmember Callies expressed concern for the dates of completion associated with Items 16 and 17, noting a potential completion date could be Mayor June of this year. Administrator Dawson stated the benefits item could be completed by mid-June. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES FEBRUARY 28, 2005 Page 8 of8 10. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was nothing further to report. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown explained the end of the Tonka Village Shopping Center was demolished earlier in the day. Staff continued to meet with utility personnel regarding the project utilities. He also stated he wanted to compliment the property owner east of the Public Works facility on working with the City to resolve challenging issues associated with the construction project. He also noted work continued on Gideon Glen and the Minnehaha Creek Watershed District (MCWD) had let the contract for construction of the remainder of the project. He anticipated construction would begin after the frost was gone. B. Mayor & City Council Mayor Love stated there had been a meeting of the EFD Governing Board on February 23,2005. Response times throughout the District were the topic of discussion at that meeting. Mayor Love stated Councilmember Turgeon and he would be present for the first meeting of the facilitated process to work with the facilitator as part for the South Lake Minnetonka Police Department Issues. Councilmember Callies stated she had attended the Lake Minnetonka Communications Commission meeting and reported on the activities of that commission. 12. ADJOURN Turgeon moved, Lizee seconded, Adjourning the February 28, 2005, Regular City Council Meeting at 8:25 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor