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012306 CC Reg Min CITY OF SHORE WOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 23, 2006 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; Finance Director Burton; Director of Public Works Brown; Planning Director Nielsen Absent: None B. Review Agenda Mayor Love reviewed the Agenda for the meeting. Administrator Dawson requested an Item 9C, Tax Forfeited Land, be added to the Agenda for the evening and Item lOB, Discussion on County Road 19 Cost Projections, be deleted from the Agenda for the evening. Director Brown requested an Item IIA], Gideon Glen, be added to the Agenda for the evening. Lizee moved, Callies seconded, Approving the Agenda as Amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, January 9, 2006 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of January 9, 2006, as presented. Motion passed 5/0. 3. CONSENT AGENDA Turgeon moved, Wellens seconded, Approving the Motions contained on Consent Agenda & Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Staffing - No action required C. Approval of the Stormwater Report D. Approval of Request from Lake Minnetonka Wells Fargo Half Marathon to traverse the City on Sunday, May 7, 2006 CITY OF SHOREWOOD COUNCIL MEETING January 23, 2006 Page 2 of 11 E. Designating Apple Road as a MSA roadway (This item was moved to Item 10C under Engineering/Public Works) F. Accept proposal for professional services for the Christmas Lake Point Lift Station 12 and Enchanted Lane Lift Station 16 Rehabilitation Projects G. Adopting RESOLUTION NO. 06-006, "A Resolution Rejecting Proposals for Relocation of Dry Hydrant at 4550 Enchanted Point." Item 3E was removed from the Consent Agenda and moved to Item 10C on the Agenda. 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 A. Report on Park Commission Meeting Held January 10, 2006 Park Commissioner Hensley reported on matters considered and actions taken at the Park Commission Meeting of January 10,2006 (as detailed in the minutes of that meeting). With regard to the Music in the Park series, he stated a band had been selected for July 21, 2006, and the Park Commission was in the process of selecting bands for June 23, 2006, and August 18, 2006. He then noted the dates for Children's Music in the Park were June 14,2006, and July 19, 2006. Commissioner Hensley listed items for discussion at the next Park Commission meeting: the concession agreement; the condition of the ice on some of the hockey rinks; and the selection of bands for the Music in the Park series. 8. PLANNING Commissioner White reported on matters considered and actions taken at the January 17,2006, Planning Commission meeting (as detailed in the minutes of that meeting). A. Zoning Text Amendment and Conditional Use Permit Applicant: Frostad Development Co. Location: 23505 Smithtown Road CITY OF SHOREWOOD COUNCIL MEETING January 23,2006 Page 3 of 11 Director Nielsen stated Frostad Development Company, LLC, proposed redevelopment of the Shorewood Nursery property at 23505 Smithtown Road as an office building site. It requested a conditional use permit for the office building and also a zoning text amendment that would allow greater impervious surface for commercial sites within the "S", Shoreland District. In addition, Director Nielsen stated the property is zoned R-C/S, Residential-Commercial/Shoreland, contains 91,860 square feet of area (2.1 acres), and was currently occupied by the Shorewood Nursery. He stated the Frostad proposal included a 24,000 square-foot office building with associated parking to the north and south of the building and a drainage pond, located at the rear of the property. He then stated one of the parking lots was accessed off of County Road 19 and the other lot was accessed off of Wood Duck Circle. Nielsen explained City received the proposal in November 2005 and it was considered at the Planning Commission's 6 December 2005 meeting. He stated there had been a number of issues raised with regard to the request and they were documented in a 30 November 2005 Staff report. The Planning Commission continued the request to their 3 January 2006 meeting. He then explained the applicant had addressed a number of the issues identified in the Staff report prior to the 3 January 2006 meeting. Nielsen stated the applicant had met all zoning requirements for the R-C/S District. He stated one of the main issues with the proposal was drainage. The revised plan provided for a larger pond for stormwater management and it would accommodate 100% of the hard cover runoff for the site. The applicant reduced the number of parking spaces, which were in excess, to accommodate the larger pond. With regard to the text amendment, the current ordinance specified the maximum amount of impervious surface in the R-C/S District was 25%. He noted the City had adopted higher impervious percentages for nonresidential uses outside of the Shoreland District (66 percent allowable, up to 75 percent by conditional use permit with storm water treatment); however, this standard was not extended to the areas within 1000 feet of the lake. Nielsen stated the Planning Commission recommended approving the text amendment which would require a C.U.P. for impervious service to lot area ratio in excess of 25% (not to exceed 75%) subject to the stormwater treatment measures, as specified, and the measures must be consistent with National Urban Runoff Program (NURP) Standards. Nielsen then stated the Planning Commission also recommended approving the conditional use permit for the office, subject to the recommendations of the Planning Director and consulting engineer. Nielsen stated Council should direct Staff to prepare a formal text amendment and a resolution approving the C.U.P. for the next meeting of the City Council. Mr. Frostad explained the majority of the current landscaping would remain and additional landscaping would be added. He explained there would be no stormwater runoff from the site. He then explained the plan provided for a minimal amount of parking spaces in excess of what was required to minimize parking on residential streets. In response to a question from Councilmember Callies, Mr. Frostad stated there were no specific tenants for the building and the plan was for a building shell only. He explained there had been informal interest expressed in the property by single tenants and small businesses. He then stated formal marketing of the property would begin as soon as approval was granted. CITY OF SHOREWOOD COUNCIL MEETING January 23, 2006 Page 4 of 11 Councilmember Wellens stated a memo from WSB dated January 18, 2006, identified the issue of inadequate cover over the 24-inch RCP that conveys runoff along the east lot line, and he asked the applicant how he planned to resolve the issue. Mr. Frostad explained he had received the memo on January 20,2006, and had not had time to consult with his engineer prior to the meeting. Director Brown stated the applicant must ensure the pipe was sturdy enough, and the pipe was properly bedded to prevent frost heave. Mr. Frostad stated he provided the adjacent property owners his contact information should they have any concerns regarding the proposed retaining wall. In response to a question from Councilmember Turgeon, Mr. Prostad explained to have lights lower 25 feet high would require additional light poles, thereby resulting in inconsistency with the requirements of Shorewood's Zoning Code (no more than .4 foot-candles at the property line). He stated additional shielding could be added if required. Discussion ensued regarding parking on Wood Duck Circle and the possibility of making a portion of the street closest to the stop sign a no-parking area, and if a no-parking zone was deemed appropriate when should be no-parking zone be created. It was decided that the no-parking zone would be established a future Council Meeting Agenda. Mayor Love expressed concerns regarding the monitoring and maintenance of the stormwater management pond. He questioned what formal documents could be filed to ensure the property owner properly maintained the stormwater management pond, and how would the enforcement of the agreement be managed with the current owner and future owners. He also questioned what procedures existed regarding the monitoring of sediment buildup in stormwater management ponds. Director Brown explained the property is within the Minnetonka Creek Watershed District which required a maintenance agreement. The agreement would list maintenance and monitoring responsibilities and the parties responsible for performing these responsibilities. The Minnetonka Creek Watershed District requires all new NURP ponds be surveyed and the sediment levels documented. Director Nielsen explained the City required the NURP pond on the site; therefore the City would be responsible for monitoring the pond. He then explained the City should use a model similar to the one used for the CUB site. Director Nielsen explained the stormwater pond maintenance requirements and responsibilities would be addressed in the resolution for a C.U.P. and in a separate maintenance agreement, both of which would be recorded against the property. Attorney Keane stated both the c.u.P. and the maintenance agreement would be manageable and enforceable. Wellens moved, Callies seconded, directing Staff to prepare a formal text amendment to the R-C/S District ordinance to allow for impervious service to lot area ratio in excess of 25% (not to exceed 75%) subject to the stormwater treatment measures, as specified, and the measures must be consistent with National Urban Runoff Program (NURP) Standards. Motion passed 5/0. Wellens moved, Callies seconded, directing Staff to prepare a resolution for a conditional use permit for commercial building at 23505 Smithtown Road. Motion passed 5/0. CITY OF SHOREWOOD COUNCIL MEETING January 23, 2006 Page 5 of 11 B. Zoning Text Amendment to Sign Regulations Director Nielsen explained the Commission had been working with the City's Zoning Code in recent months regarding regulation of signage in the City. Several proposals had been reviewed and suggested for change. He stated the proposed changes to the ordinance would hopefully make the ordinance easier to administer and enforce. Director Nielsen then reviewed the highlights of the proposed changes to the signage regulations which included changes to menu board signage, (exemptions for signs with any moving parts or gives the type size illusion of movement), general provisions, non-conforming signage, zoning district regulations, and permit issuance and application issues. Director Nielsen noted the Planning Commission voted 6/0 to remove the exemption for barber poles from Section 1201.03 Subd. l1.b.(2)(g) which prohibited a sign which moves, rotates, has any moving parts or gives the illusion of motion with the exception of time and temperature signs and barber poles. If an exemption were allowed for barber poles the City may have to allow other types of moving signs. He noted sign permits would be handled administratively and would no longer require Council action. Discussion ensued regarding the rationale for and clarification of the proposed ordinance changes. Councilmember Callies stated she would prefer to have the proposed Section 1201.03 Subd. l1.c.(ll) stated more clearly. Director Nielsen explained the Planning Commission had spent a significant amount of time on this change and felt the proposed change satisfied its need. Discussion ensued regarding the necessity of exempting barber poles from the Code. Councilmember Wellens preferred the exemption for barber poles remain in the ordinance. Director Nielsen clarified time and temperature signs are viewed as a public service, and those signs cannot have any commercial moving-text message. He stated Attorney Keane had explained the barber pole exemption could remain in the ordinance and an accompanying resolution could be prepared with the findings that sets forth the distinction between barber poles and other moving signs. Councilmember Callies suggested Council accept the Planning Commission's recommendations to the sign regulations. Callies moved, Lizee seconded, Adopting ORDINANCE NO. 419 "An Ordinance Amending Provisions of the Shorewood Zoning Code Regarding Signs". Motion passed 5/0. Mayor Love stated he would strongly consider a request from a business or to allow a barber pole, but he would prefer that the ordinance specifically protect the barber pole. C. Setback Variance Applicants: Scott Williams and Linda Halcon Location: 5955 Country Club Road Director Nielsen stated Scott Williams and Linda Hakon are the owners of 5955 Country Club Road. The property is zoned R-IA, Single-Family Residential and contains approximately 40,573 square feet of area. They have requested a setback variance to build an addition to their home. The applicants propose to build a small (10' x 12'), single-story room addition at the back of their home on an existing foundation that was constructed with the original home in the early 80's. As explained in their request CITY OF SHOREWOOD COUNCIL MEETING January 23, 2006 Page 6 of 11 letter dated 5 December 2005, the subject property became nonconforming with the platting of Mary Lake Woods, a seven-lot subdivision located to the south of the subject property. Nielsen noted the required setback cuts diagonally through the existing house and the proposed addition. Director Nielsen stated Staff had researched the property file and found that the original building permit included the foundation at the rear of the house. Building plans for the home clearly showed the future addition. He then noted the right-of-way for Mary Lake Trail is wider (75 feet) than the standard 50-foot street, and that was done because of the relatively steep topography along the north side of the Mary Lake Woods project. He stated the wider right-of-way resulted in substantially more green space on the north side of Mary Lake Trail, even with the proposed addition. Director Nielsen stated the Planning Commission had unanimously agreed to recommend granting the setback variance. Turgeon moved, Wellens seconded, Approving RESOLUTION NO. 06-007, "A Resolution Granting a Setback Variance for Scott Williams and Linda Halcon". Motion passed 5/0. D. Minor Subdivision/Combination - Lot Line Rearrangement Applicant: Michael McDonald Location: 4695 and 4725 Lagoon Drive Director Nielsen explained Mike McDonald and Thomas Countryman own the properties at 4695 and 4725 Lagoon Drive, respectively. The properties in question are located in the R-IC/S, Single-Family ResidentiallShoreland zoning district. The applicants have requested a minor subdivision and combination. Nielsen stated the proposed division and combination cleans up these rather irregular parcels, and approval is recommended. He noted the resolution approving the request should stipulate that the division and combination must be recorded within 30 days of Council approval. Director Nielsen stated the Planning Commission had unanimously agreed to recommend approving the minor subdivision and combination. Callies moved, Turgeon seconded, Approving RESOLUTION NO. 06-008, "A Resolution Approving Subdivision and Combination of Real Property for Michael McDonald and Thomas Countryman". Motion passed 5/0. E. Minor Subdivision Applicant: Location: George Danser 5840 Christmas Lake Road Director Nielsen explained the request for minor subdivision for George Danser, 5840 Christmas Lake Road, was originally presented to the Planning Commission at the October 4, 2005 meeting. He reviewed highlights of the applicant's request. Because of the number of issues that needed to be resolved at the October 4, 2005, meeting, the application was continued to the November 1, 2005, meeting. At the November 1 meeting, Danser stated a number of the issues had been resolved; however, he had not provided City Staff with updated plans. Since the October meeting, the property owner to the south had provided information indicating that the common property line might be 12 feet further to the north than that shown by the Dansers' surveyor. The application was continued to the November 15,2005, Planning Commission meeting to provide the Danser family time to determine how they wanted to move forward CITY OF SHOREWOOD COUNCIL MEETING January 23, 2006 Page 7 of 11 with resolving the outstanding issues, including the common property line dispute. This case was continued to the December 6, 2005, Planning Commission meeting at the request of the applicant. Danser did not appear at the December 6, 2005, Planning Commission meeting. The Commission agreed to continue this case to the January 3, 2006, Planning Commission meeting. Danser did not appear at that meeting, nor had he submitted plans for resolution of the outstanding issues. Director Nielsen stated the Planning Commission was no longer clear on what revision of the application it was considering. The Commission reached consensus the application under consideration was the original application. Director Nielsen stated the Planning Commission unanimously agreed to recommend the denial of the original request for minor subdivision for George Danser, 5840 Christmas Lake Road. Turgeon moved, Wellens seconded, Denying the Original Request for Minor Subdivision for George Danser. Director Nielsen stated the denial of the application would not prohibit the applicant from re-applying for the minor subdivision immediately. Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Appointing MCE, LMCC, and LMCD Board Representatives Callies moved, Wellens seconded, Approving RESOLUTION NO. 06-009, "A Resolution Making an Appointment of Tad Shaw to the Minnetonka Community Education (MCE) Advisory Council". Motion passed 5/0. Council requested Administrator Dawson convey its request for Mr. Shaw to provide Council with a report on the status of items with the MCE at the end of the 2006 school year and again at the end of calendar year 2006, and to invite Executive Director Tim Litfin to update the City Council at a meeting in April 2006. Callies moved, Turgeon seconded, Approving RESOLUTION NO. 06-010, "A Resolution Making an Appointment of Patrick Hodapp to the Lake Minnetonka Communications Commission (LMCC)". Motion passed 5/0. Callies moved, Lizee seconded, Approving RESOLUTION NO. 06-011, "A Resolution Making an Appointment of Tom Skramstad to the Lake to the Lake Minnetonka Conservation District (LMCD)". Motion passed 5/0. B. Appeal Deadline - Notice to Remove Applicant: Peter Hofius Location: 6080 Chaska Road Director Nielsen explained that in response to a neighborhood complaint, staff had sent a "Notice to Remove" to Mr. Peter Hofius who owns the property at 6080 Chaska Road. Mr. Hofius had appealed for CITY OF SHOREWOOD COUNCIL MEETING January 23, 2006 Page 8 of 11 additional time to correct the violations. Nielsen stated Mr. Hofius had demonstrated a good faith effort to comply with the City Code by removing some of the Code violations, but requested an additional 30 days to address most of the items. Hofius also requested until Spring 2006 to remove an old fence and some brush because they are frozen into the ground. Director Nielsen stated Staff recommended the additional 30 days be granted and the deadline to remove the fence and brush be no later than April 15, 2006. He noted there have been similar removal extensions granted because of winter conditions. Callies moved, Wellens seconded, granting Peter Hofius an additional 30 days to remove the nuisances from his property at 6080 Chaska Road and establishing a deadline of April 15, 2006, for the removal of a fence and brush as specified. Discussion ensued regarding the growing number of properties with unsightly nuisances. Director Nielsen explained Staff does not go out in search of such properties, but if Staff was conducting an inspection on a property and observed unsightly nuisances, Staff would issue a "Notice to Remove" to the property. Motion passed 5/0. C. Tax Forfeited Land Director Nielsen explained two parcels of land located on the south side of Smithtown Road had been of interest to the City for drainage and conservation purposes. He then explained the State had first right of refusal at such parcels, followed by the County, then by the City, and finally the public. He stated because the parcels were wetland parcels, the Department of Natural Resources exercised its right to the parcels but had now with drawn. He then explained the parcels were again available for the City to gain control. Lizee moved, Callies seconded, Approving RESOLUTION NO. 06-012, "A Resolution for Application for Conveyance of Tax-Forfeited Lands for Public Purposes". In response to a question from Councilmember Wellens, Director Nielsen stated there was no cost for the parcels of land. He also stated the parcels could only be used for public drainage and conservation purposes. In response to a question from Councilmember Wellens, Attorney Keane explained wetland credits were only issued for creating new wetlands or restoring a wetland. Director Brown stated the parcels were good parcels to acquire for the intended purpose, and not all parcels are worthwhile acquisitions. Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS A. Set Date for Public Information Meeting - Amesbury SE Area Water Connection CITY OF SHOREWOOD COUNCIL MEETING January 23, 2006 Page 9 of 11 Director Brown stated the interconnection between the SE Area Water System and the Amesbury Water System was near completion. He then stated Council approved the extension of municipal water from the proposed water main at the intersection of Manor Road and St. Albans Bay Road, along Suburban Drive to the Parkview Crossing subdivision, as a City project at an October 10,2005, City Council meeting. Director Brown noted Council had directed that all properties along Suburban Drive be surveyed to determine their desirability for City water. Director Brown stated Staff recommended February 9, 2006, at 6:30 P.M. be set as the date and time for a public information meeting to discuss the above matter. Turgeon moved, Lizee seconded, establishing February 9,2006, at 6:30 P.M as the date and time for a public information meeting to discuss the feasibility of the extension of water along the entire length of Suburban Drive. Motion passed 5/0. B. Discussion on County Road 19 Cost Projections This item was deleted from the Agenda for the evening. C. Designating Apple Road as a MSA roadway (This item was moved from the Consent Agenda [Item 3E]) Councilmember Turgeon explained the reason she wanted the item removed from the Consent Agenda to express her concern with the City's obligation to repair Apple Road after Chanhassen improved Yosemite Road, when the City did not have the funds for MSA roadway improvements. Director Brown stated many of the City's MSA roadways do not meet current MSA standards. He explained there were State funds available for improvements to MSA roadways provided the upgrades would satisfy MSA standards. He then stated that Chanhassen's Yosemite Road, the southerly extension of Apple Road was deteriorating, and Chanhassen had a watermain replacement project planned adjacent to Apple Road. Brown explained the watermain replacement would help the City resolve the W oodhaven Well issue. He stated Chanhassen wanted to use State aid funds to improve Yosemite Road. He then stated Chanhassen would likely have to repair Yosemite Road whether or not it was classified an MSA roadway. Director Brown stated designating Apple Road as an MSA roadway would not negatively impact the residents along the roadway. He acknowledged the City's State Aid account for MSA roadway improvements was depleted, but he noted designating Apple Road and MSA roadway would add approximately $9,000 per year to the City's State Aid revenues. Designating Apple Road an MSA roadway would not require the City to make repairs to the roadway. In response to a question from Councilmember Callies, Director Brown explained if a secondary roadway (e.g. Apple Road) connects with another State Aid roadway or a County highway, the secondary road can be classified an MSA roadway. Once a roadway is designated an MSA roadway there are reimbursement funds available for road repairs. Director Brown explained the changes in State aid roadway standards regarding the "clear zone". CITY OF SHOREWOOD COUNCIL MEETING January 23, 2006 Page 10 of 11 Wellens moved, Lizee seconded, Approving RESOLUTION NO. 06-013, "A Resolution Establishing Apple Road as a Municipal State Aid Road". Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. Gideon Glen Director Brown stated the wetland restoration portion of the Gideon Glen project was scheduled to start the week of January 23, 2006. The first activities involve grading in the access road down to the pond site and grading along the south property line. He then stated there would not be any additional tree removal on the site, and the restoration of plantings would begin in Spring 2006 once the grading had been completed. B. Mayor & City Council Mayor Love stated the EFD Governing Board selected Deputy Chief and Shorewood resident Dana George to fill the position of Interim EFD Fire Chief for a period not to exceed six months. He then stated the Board had listened to firefighters input to the fire chief selection process at a January 18, 2006, Board meeting. He noted there was an EFD Governing Board scheduled for January 25,2006, to discuss the hiring selection process, and he stated the Board would like to encourage firefighters to apply for the position. Love stated both the Board and firefighters emphasized the need for the new fire chief to live within a to-be-determined call time from the West Station. Mayor Love then noted there had been a meeting of the SLMPD Coordinating Committee on January 18, 2006. Administrator Dawson stated the Coordinating Committee agreed with SLMPD Chief Litsey's recommendation to pursue the hiring of another police office later in 2006 which means the SLMPD would be down an officer until the new officer was hired. Councilmember Callies asked Director Brown for a status update on the signage designating the hours when turns are not permitted at the intersection of Old Market Road and Broms Boulevard and at the other end of that roadway. Brown stated he would research the matter as he thought all of the signage had been completed. Councilmember Wellens provided an update from the LMCC meeting regarding LMCC-wide wireless communications. He noted some of the potential benefits of a wireless network, as well as some of the liabilities. Mayor Love recessed the Regular City Council meeting to a City Council Work Session meeting at 8:47 P.M. 12. RECESS TO EXECUTIVE SESSION - ATTORNEY DISCUSSION RE: SLMPD ARBITRATION STRATEGY Mayor Love called the executive session to order at 9:45 P.M. All Councilmembers, Attorney Keane and Administrator Dawson were present. CITY OF SHOREWOOD COUNCIL MEETING January 23,2006 Page 11 of 11 Attorney Keane discussed strategies related to the arbitration on the allocation of operations costs for the member cities of the South Lake Minnetonka Police Department. The Executive Session was concluded at 10:33 P.M. The City Council reconvened in regular session at 10:34 P.M. 13. ADJOURN Wellens moved, Turgeon seconded, Adjourning the Regular City Council Meeting of January 23, 2006,10:34 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder /\ i)\/./ ./ I AI \\ \,~ \.//A......-'~ Woody Love, Mayor ATTEST: