Loading...
112805 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 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: 11 P.M. A. Roll Call Present: Mayor Love, Councilmembers Callies, Lizee, Turgeon, and Wellens;. Administrator Dawson; Attorney Keane; Finance Director Burton; and Planning Director Nielsen Absent: Engineer Brown B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Councilmember Wellens requested Item 3C, Property and Liability Insurance Renewal, be moved to Itern 9B. Lizee moved, Wellens seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, November 7, 2005 Wellens moved, Callies seconded, Approving the City Council Special Session Minutes of November 7, 2005, as presented. Motion passed 5/0. B. City Council Work Session Minutes, November 7, 2005 Wellens moved, Turgeon seconded, Approving the City Council Work Session Meeting Minutes of November 7, 2005, as presented. Motion passed 5/0. C. City Council Regular Meeting Minutes, November 14, 2005 Wellens moved, Callies seconded, Approving the City Council Regular Meeting Minutes of November 14,2005, as presented. Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Callies seconded, Approving the Motions A & B Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - no action required . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING NOVEMBER 28, 2005 Page 2 of7 c. Property and Liability Insurance Renewal (This item was moved to Item 9B under New Business) Motion passed, 5/0. 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 None. 8. PLANNING - Report by Representative Commissioner Gagne reported there was nothing additional to report since the November 15, 2005, Planning Commission meeting which Council attended. A. Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Applicant: Michael Catain Location: 4550 Enchanted Point Planning Director Nielsen stated Michael Catain is the owner of property at 4550 Enchanted Point. The Property is zoned R-IC/A, Single-Family ResidentiallShoreland and contains 60,000 square feet of area. Mr. Catain's request was reviewed at the October 4,2005, Planning Commission meeting and continued to the November 1, 2005, meeting. He went on to state Michael Catain had requested a conditional use permit to construct a detached garage, the area of which, when combined with existing accessory space on the property, will exceed 1200 square feet. He stated the City ordinance for this type ofC.D.P. has 4 criteria that must be met; the proposal met the criteria. The applicant's request complies with the criteria for granting this type of C.D.P. He noted Mr. Catain had revised his plan to shift the garage approximately 20 feet to the south to address concerns expressed by neighbors at the public hearing on November 1,2005. The Planning Commission voted unanimously to recommend approval for the C.u.P. for Mr. Caitain. In response to a question from Councilmember Turgeon, Planning Director Nielsen stated as part of the remodeling and addition Mr. Catain was required to remove nonconforming accessory buildings, a boathouse and garage. Mr. Catain stated, for the record, he did not feel he needed to remove boat house; he removed the boathouse in hopes of goodwill. He went on to state he would move a dry fire hydrant at his expense. CITY OF SHOREWOOD REGULAR COUNCIL MEETING NOVEMBER 28, 2005 Page 3 of 7 . Councilmember Wellens thanked Mr. Catain for moving his garage, stating it was very considerate of Mr. Catain's neighbors. Wellens approved, Turgeon seconded, Adopting Resolution No. 05-100, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Michael Catain." Motion passed, 5/0. B. Conditional Use Permit for Fill in Excess of 100 Cu. Yds. Applicant: Mark Guidinger Location: 19735 Muirfield Circle Planning Director Nielsen explained Mark Guidinger owned the property at 19735 Muirfield Circle. The property is zoned P.U.D., Planned Unit Development (Single-Family), and contains approximately 26,361 square feet of area. Mr. Guidinger proposed building a swimming pool in his rear yard which will necessitate up to 400 cubic yards of fill to create a level area for the pool. Shorewood's zoning regulations require a conditional use permit for fill in excess of 100 cubic yards. Planning Director Nielsen stated the primary concerns are drainage and the structural integrity of the retaining walls. He stated plans were forwarded to the City's engineering consultant, WSB & Associates. WSB has done an analysis of what happens if or when the pool drains and the impact on the surrounding properties. Steve Gurney had reviewed the plans relative to grading, drainage and the structural aspects of the proposed retaining walls, and his recommendations were included in his report, dated 26 October 2005. A registered engineer has approved the retaining wall structure. . Planning Director Nielsen noted Mr. Guidinger has agreed, based on the concerns of a nearby landowner, to conduct any pool drainage to the City's sanitary or storm sewers. Both of the methods are recommendations of the MPCA with respect to the discharge of pool water. The MPCA prefers discharge to be done to the sanitary sewer; if the pool water had not been treated for 7 days the MPCA has no problem with discharge to storm sewer system. The Planning Commission voted unanimously to recommend approval for the C.U.P for Mr. Guidinger subject to the recommendations of the City's Consulting Engineer and Staff. Mr. Guidinger stated the pool company he selected to use, Atlantis Pools, Inc., explained the type of pool he would install does not require it be drained; the only time it would need to be drained was when extreme repairs would need to be done. He went on to state the pool would have an automatic cover which is supported by the water in the summer and winter, thereby eliminating the need to drain the pool in the winter. He stated there is no back flush with the proposed type of pool system. Callies approved, Lizee seconded, Adopting Resolution No. 05-101, "A Resolution Granting a Conditional Use Permit to Place Fill in Excess of 100 Cubic yards for Mark Guidinger" subject to City Consulting Engineer and Staff recommendations. Motion passed, 5/0. C. Preliminary Plat - Apple Ridge 3rd Addition Applicant: Lecy Construction, Inc. Location: Outlots A and B of Apple Ridge 2nd (Apple Road) . Planning Director Nielsen explained in 2002 Lecy Construction, Inc., was granted approval for Apple Ridge 2nd Addition, a four-lot, residential subdivision located on the east side of Apple Road, just north of the ShorewoodlChanhassen border. The Project was processed as a planned unit development that allowed the developer to cluster the four new lots and included a conservation easement over the easterly . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING NOVEMBER 28, 2005 Page 4 of7 56,916 square feet (1.31 acres) of the site. The platted lots were less than 40,000 square feet; the density of the project did not exceed the 1 per acre zoning that exists on the property. The easement, originally platted as Outlot A, was in favor of the City of Shorewood. A second Outlot, Outlot B, was to be conveyed to the property owner to the north. This conveyance never occurred due to that property owner's legal difficulties. Planning Director Nielsen state Lecy Construction now proposed replatting the two outlots into four outlots in order to convey them to adjoining property owners. In their letter, dated 4 October 2005, the applicants explained the properties would be resubdivided into four outlots, and how the outlots would be conveyed. Planning Director Nielsen went on. to explain this request was somewhat unusual, primarily for the resulting lot configurations proposed by the applicant. He stated it must be noted that Outlots A-C would still be subject to the original conservation easement. Only the ownership would be changed. As explained in the applicant's letter, Outlot D would be the same size as the original Outlot B, with proposed ownership undetermined at this time. Planning Director Nielsen state since the proposed plat did not result in additional building lots, the principal concern with this replat was making sure that all of the land owners were fully aware that Outlots A-C were subject to the conservation easement. The Planning Commission unanimously voted to approve the Preliminary Plat for Apple Ridge 3rd Addition subject to five conditions. Planning Director Nielsen noted City Staff recommended if Outlot D can not be conveyed within one year, Outlot D should be legally combined with Lot 2. The Planning Commission shortened the time limit to 6 months. In response to a question from Councilmember Callies, Planning Director Nielsen explained a time limit was proposed to ensure landlocked parcels such as Outlot D are combined with other properties. Outlots A-C would be combined within 30 days. The 6 months gives the Outlot D property owner more time to work out the sale to the property owner to the North. He noted that Outlot D does not have the conservation easement on it. Councilmember Turgeon expressed concern about the lack of conservation easement markers. Planning Director Nielsen stated putting in conservation easement markers was a good suggestion. Turgeon approved, Wellens seconded, Adopting Resolution No. 05-102, "A Resolution Approving a Preliminary Plat of Apple Ridge Third Addition" subject to Staff recommendations. Motion passed, 5/0. 9. GENERAL/NEW BUSINESS A. SLMPD Proposal Administrator Dawson clarified the current SLMPD Proposal, commonly referred to as the Saunders Proposal, regarding the resolution of SLMPD matters was on the Consent Agenda of the November 14, 2005, Council meeting and continued to the November 28, 2005, meeting to await action by the other SLMPD cities. Dawson stated there has not been any further action as of this meeting; Excelsior City Council was scheduled to discuss the Saunders Proposal at its Council meeting on November 30. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING NOVEMBER 28, 2005 Page 5 of7 Dawson stated Council may want to further continue this item to the December 12 meeting to await action at the Excelsior Council meeting on December 5. He went on to state he was aware there had been discussion that Excelsior may want to add clarification for some of the items on the Saunders Proposal, although he has not seen anything in final form. Councilmember Callies questioned the rationale behind continuing this discussion to the December 12 meeting; there was no point in approving the Saunders Proposal if Excelsior does not agree with it. Administrator Dawson stated if further wordsmithing was done to the Saunders Proposal it would make any Shorewood action of this matter moot, and it would probably be prudent to wait until the actions of Excelsior were known. Councilmember Turgeon stated her recollection was that there was to be no wordsmithing of the Saunders Proposal; therefore, why would Council entertain what would no longer be a Saunders Proposal. Mayor Love shared Turgeon's perspective. Lizee moved, Wellens seconded, the Continuation of the SLMPD Proposal action to the December 12, 2005, Agenda. fu response to a question by Councilmember Callies, Administrator Dawson stated this item could be continued indefinitely. Callies recommended the motion be Amended to Continue Indefinitely SLMPD Proposal actions. Lizee approved the motion as Amended. Amended motion passed, 5/0. B. Property and Liability Insurance Renewal Councilmember Wellens explained the City's property insurance cost has increased substantially, and believed some of the increase came about from 8 claims due to water damage from the City Water System which was over pressurized because of there was an iron plug in place of a relief valve. He went on to state the City's insurance carrier is supposed to inspect the City Water System periodically to ensure everything is working properly; the cost for inspections is included in the premium. His question to the City Attorney was regarding what liability, if any, the City's insurer had for the damage caused. Attorney Keane responded the liability question will be asked of the Insurer. He went on to state the City pays for and relies on Water System inspections. He went on to state there is some duty that goes with the inspection. He would work with the City Engineer and his findings and communicate that to the City's insurance carrier. Finance Director Burton stated the City's experience modification increased to 1.30 from 1.06 which impacts the cost of insurance. Wellens moved, Lizee seconded, to Approve the Property and Liability Insurance Renewal Motion Contained on the Consent Agenda. Motion passed, 5/0~ . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING NOVEMBER 28, 2005 Page 6 of7 10. ENGINEERING/PUBLIC WORKS There was no Engineering report at the meeting. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson spoke briefly about the County Road 19 intersectionproject. He stated the roadway work is essentially done , Roadway striping will be done with paint that could be put down in the cold weather, with the understanding it would be redone with different paint in the spring. He went on to state decorative street lighting wiring has been done, and the lights would go up individually rather than when all lights are ready. A mid-December 2005 completion anticipated. B. Mayor & City Council Mayor Love stated he would let Council know if a Coordinating Committee meeting was called for December 2005. Administrator Dawson reminded Council of the Truth in Taxation meeting schedule for December 5, 2005. Councilmember Turgeon asked for a report on the EFD Board Meeting on November 23,2005. Mayor Love stated the meeting, in summary, was regarding the assignment of costs and use of bond proceeds between the two stations. He stated from his position, and he believed the City of Shorewood's position, the Public Safety Buildings construction project was one project. The "one project" came in under budget, with General Conditions overruns, which resulted from delays in construction in the East station. He identified some of the reasons for the delays. He went on to state his position was the "overruns" should be handled by the assignment of some of the costs from the West to the East station. Mayor Love stated at the November meeting, the Deephaven representative still felt they should be viewed as two separate projects. He stated the motion to continue with the two-station approach was passed at the October 2003 meeting by a vote of 4/1 with his dissenting vote based on the intent of the motion. The EFD Board reviewed the recorded tape of the October 2003 meeting, and after reasonable discussion the Board decided to acknowledge the spirit and intent of the October 2003 EFD Governing Board's motion, and not to assign any General Conditions overrun costs from the West to the East Station. Administrator Dawson stated internal borrowing within the EFD would be considered to accommodate the resulting deficit. He stated many of the costs in discussion relate to furnishings are outside of the EDA contracts, and that EDA has satisfied its contract obligations. Mayor Love stated the ramifications of the overruns may result in the warning flashers not being installed on Smithtown Road. He stated the SLMPD never had a staff recommendation or Coordinating Committee decision to purchase furnishings or equipment. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING NOVEMBER 28, 2005 Page 70f7 Councilmember Turgeon questioned why the cities were not asked to fund the Sweeney retirement dinner rather than have the EFD fund it She stated she thought the Sweeney dinner was a good idea. 12. ADJOURN Turgeon moved, Lizee seconded, Adjourning the Regular City Council Meeting of November 28, 2005, at 8:00 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: 12~ Woody Love, Mayor