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032706 CC Reg Min CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 27, 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 7:02 P.M. A. Roll Call Present. Mayor Love; Councilmembers Turgeon, and Wellens; Administrator Dawson; Attorney Keane; Finance Director Burton; Director of Public Works Brown; Planning Director Nielsen Also present: Planning Commissioner Meyer; Park Commissioner Davis Absent: Councilmembers Callies, Lizee B. Review Agenda Wellens moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 3/0. 2. 2. APPRO V AL OF MINUTES A. City Council Regular Meeting Minutes, March 13, 2006 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of March 13, 2006, as Amended, on Page 6, Item H.B, Paragraph 2, Sentence 1, change "Councilmember Wellens questioned the appropriateness of Interim Chief on the Steering Committee." to "Councilmember Wellens questioned the appropriateness of the Interim Chief being on the Steering Committee if he was going to be an applicant for the position." Motion passed 3/0. B. City Council Work Session Minutes, March 13,2006 Turgeon moved, Wellens seconded, Approving the City Council Special Meeting Minutes of March 13, 2006, as presented. Motion passed 3/0. 3. CONSENT AGENDA - Motion to approve items on Consent Agenda & Adopt Resolutions Therein: Mayor Love reviewed the Items on the Consent Agenda. Item 3.E, Approval of the Spring Clean-Up Contract for Services, was removed from the Consent Agenda and renamed Item 9.A. CITY OF SHOREWOODCOUNCIL MEETING March 27,2006 Page 2 of 10 Wellens moved, Turgeon seconded, Approving the Motions contained on Consent Agenda & Adopting the Resolutions Therein: A. Approval of the Verified Claims List. B. Staffing - Adopting RESOLUTION NO. 06-023, "A Resolution Approving the Appointment of Michelle Nguyen as Senior Accounting Clerk." C. Approval of the Agreement with Minnetonka Community Education for Lifeguard Services for Crescent Beach. D. Authorization for Expenditure of Funds to Purchase Seal Coat Aggregate. E. Approval of the Spring Clean-Up Contract for Services (This item was moved to Item 9.A under GeneralINew Business). F. Adopting RESOLUTION NO. 06-024. "A Resolution Proclaiming Arbor Day on April 28, 2006." Motion passed 3/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENT A TIONS None. 6. PUBLIC HEARING A. Public Hearing to Vacate Certain Drainage and Utility Easements Applicant: Mark Sass Location: 22690/22740 Murray Street and 6035 Galpin Lake Road Mayor Love opened the public hearing at 7:07 P.M. Administrator Dawson stated vacating a utility easement required a public hearing, and he stated this item was related to Item 8.C, "A Minor Subdivision/Combination (Lot Line Rearrangement) for applicant Mark Sass, 22690/22740 Murray Street and 6035 Galpin Lake Road." Director Nielsen stated the applicant, Mark Sass, owns the two properties at 22690 and 22740 Murray Street. Mr. Sass had arranged to purchase a strip of property from Brent Sinn, 6035 Galpin Lake Road. To accomplish this, Mr. Sass and Mr. Sinn had applied for a minor subdivision and combination that would rearrange the boundaries between their lots. Nielsen explained the lot line rearrangement involved vacating the existing drainage and utility easement that was platted as part of the Zachary Woods development (Sinn's property), in exchange for new CITY OF SHOREWOODCOUNCIL MEETING March 27, 2006 Page 3 of 10 drainage and utility easements along the new north property line and around the perimeters of the Sass lots. Nielsen then explained the public hearing was to address vacating the existing drainage and utility easement. Nielsen stated the Planning Commission recommended approval of the subdivision/combination because it brought Mr. Sass's lots into compliance with R-l C standards by adding depth to both of his properties. He also stated the proposed rearrangement does not adversely affect the ability of Mr. Sinn to re-divide his property in the future, noting that would require coordination with other property owners. He stated Staff recommended vacating the existing easement in exchange for the new easements being recorded. Nielsen recommended Council address Agenda Item 8.C as part of Item 6.A. Seeing no one present wishing to comment on this case, Mayor Love closed the Public Testimony portion of the Public Hearing at 7: II P.M. Without objection from Council, Mayor Love stated Item 8.C would be taken out of order from the agenda and be addressed at this time. Councilmember Wellens stated the request for the subdivision/combination appeared to be a straightforward request. Wellens moved, Turgeon seconded, Adopting RESOLUTION NO. 06-025, "A Resolution Approving a Minor Subdivision/Combination (Lot Line Rearrangement) for Mark Sass, 22690 / 22740 Murray Street, and Brent Sinn, 6035 Galpin Lake Road." Motion passed, 3/0. Major Love returned to consideration ofItem 6.A. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 06-026, "A Resolution Vacating Certain Drainage and Utility Easements in Zachary Woods." Motion passed 3/0. Councilmember Turgeon thanked Mr. Sass and Mr. Sinn for their efforts. Mayor Love closed the public hearing at 7:15 P.M. 7. PARKS A. Report on Park Commission Meeting Held March 15,2006 Park Commissioner Davis reported on matters considered and actions taken at the Park Commission Meeting of March 15,2006 (as detailed in the minutes ofthat meeting). Councilmember Turgeon suggested the Park Commission may want to wait on activities regarding open space until Council had determined the Park Commission's role. Commissioner Davis stated the Commission was concerned with preservation of natural spaces (e.g. wetlands, large spans of trees, etc.). CITY OF SHOREWOODCOUNCIL MEETING March 27, 2006 Page 4 of 10 Mayor Love stated through the LCEC (Land Conservation and Environment Committee), there had been a definition of open spaces. He also stated there had been question as to whether or not the Park Commission should be involved with natural spaces. Although he stated he could support the Park Commission's involvement with natural spaces, no official action had been taken. Love stated because the City did not have an environmental committee, it could make sense to include natural spaces as part of the Park Commission's role. Love then asked Staff, on behalf of Council, to ensure the topic of the Park Commission's role be placed on a City Council Work Session Agenda. Administrator Dawson stated that topic would be placed on an April or May 2006 City Council Work Session Agenda, and a joint meeting scheduled sometime after that. Mayor Love explained one of the items that needed to be addressed was the development of a common vocabulary for open spaces. Councilmember Wellens suggested the City take a long-term perspective on open spaces. He stated in the mid-1930's Shorewood had been cleared farmland, and he stated as the City was developed it was filled in with trees because people wanted to plant trees on their property. Commissioner Davis stated the City needed to consider what the land was like prior to the farmland because the farmland had been engineered. Mayor Love stated one of the problems in the City was a loss of canopy, and when the Europeans arrived the area was in a region called the "big woods". He agreed there needed to be agreement as to what time period the City would want to measure its conservation efforts against. He suggested pre-settlement may be the appropriate time period. He went on to state the LCEC had determined some areas had become so compacted there was no point in addressing conservation in those areas. With regard to the canopies and tree inventories, Councilmember Turgeon questioned if the Park Commission was considering only public space or if private properties also included. She stated she did not think the City should be involved with private property trees. Commissioner Davis stated it was important to educate property owners on the positive benefits removing buckthorn had on trees. In response to a question from Councilmember Turgeon with regard to the species of trees to be planted on Manor Road near Manor Park, Director Brown explained a proposed plan would be reviewed with the Park Commission at its next meeting prior to presenting the plan to Council for its review and consideration. Turgeon stated she understood the benefits of additional screening, but she did not understand the concern regarding undesirable activities occurring because of the additional screening. Brown stated it was prudent to address that possibility each time some type of screening was considered. B. Expenditure of funds for Manor Park Pond Project Director Brown stated the Park Commission had recently reviewed Manor Park with regard to water quality and the ongoing issue of goose droppings in and around the park. As a result of the review, the Park Commission authorized Commission Westerlund to obtain proposals for the design and installation of plantings around the Manor Park pond. He noted the purpose of the plantings was to deter geese from the pond and playground structure. CITY OF SHOREWOODCOUNCIL MEETING March 27, 2006 Page 5 of 10 Brown explained at a February 14, 2006, Park Commission Meeting, the Commission considered proposals from Fortin Consulting Group and Kestrel Design Group, and he stated both firms were reputable landscape design firms. He noted both proposals were included in the Council's meeting packet. Brown then explained because the request for the proposals did not include specific requirements, the two proposals were significantly different and were therefore difficult to compare. Brown stated the Park Commission's recommendation to Council was to move forward Fortin Consulting to develop two concept plans on a not-to-exceed basis of $1,500, with funding from the Park Capital Improvement Program. Mayor Love expressed concern with separating the design phase from the implementation phase, stating the design was strongly tied to the implementation (e.g. as what types of planting will be used, what guarantees are provided, when would the plantings be ordered, etc.). He stated based on his past experience with that type of project it was difficult to separate the design and implementation. He also noted both ofthe firms were reputable firms. Director Brown stated had Staff prepared RFP's there would have been specific requirements for each area. Because Commissioner Westerlund had significant experience working with the two firms, the Commission did not involve Staff as the normal process for requesting proposals, which resulted in two very different proposals from the two finns. Councilmember Turgeon acknowledged the tremendous amount of park and planning experience the Park Commissioners had. Noting the differences in the proposals, she questioned what information had been provided to the two firms. Turgeon stated Council relied on Staff to provide background on the proposed project and that had not happened. Turgeon suggested the Commission complement the work of the Staff and not work independent of the Staff. She also stated Council could not hold the Park Commission accountable for any cost overruns or project problems; it could only hold Staff accountable. Turgeon went on to state she had questions with regard to who would perform various tasks (Fortin Consulting, City Staff, the Park Commission, or volunteers), how much time the tasks would take, the number of geese in the area, if there were more geese in there than in other parks, etc. Also, costs for materials, such as mulch, were not factored in. She questioned the impact Parkview Development had on the phosphorus level of the Manor Park pond. Director Brown stated the phosphorus loading from the development had been addressed satisfactorily. Commissioner Davis reviewed some of the differences between the two proposals, and she noted the Kestrel proposal focused on planning. Mayor Love stated he thought there was a need to resolve the water quality and geese droppings issue, and he thought it should be resolved sooner rather than later. He stated when vegetation was removed, an unnatural habitat for geese was created. He stated the Manor Park pond area could be a good test for that type of project because the area could be contained. He went on to state following the defined process for projects was imperative. CITY OF SHOREWOODCOUNCIL MEETING March 27, 2006 Page 6 of 10 In response to a question from Councilmember Wellens, Administrator Dawson explained there was not a threshold amount of cost for the project to be quoted or bid. He went on to explain the project should follow the defined process for the Staff to coordinate the project on behalf of the Commission. Discussion ensued with regard to the impact of directing Staff to follow the regular process for this project. In response to a question from Mayor Love, Director Brown stated it would take approximately 1 - 1 Yz weeks for Staff to prepare an RFP and approximately I - 2 weeks to receive the proposals. Once the proposals had been received they would be reviewed by the Park Commission prior to being presented to the Council for review and consideration. Mayor Love directed Staff, on behalf of Council, to prepare an RFP and solicit proposals for the Manor Park pond project. 8. PLANNING Planning Commissioner Meyer reported on matters considered and actions taken at the Planning Commission Meeting of March 21, 2006. He stated three items were reviewed for recommendation: a setback variance, a lot area variance, and a subdivision/combination. He also stated Staff was going to conduct an inventory of all "paper streets", and Staff and the Commission would assess whether an amendment to the setback requirements for "paper streets" should be recommended to Council for review and consideration. A. Setback Variance Applicant: Greg Buckley Location: 25885 Birch Bluff Road Director Nielsen stated the applicant, Greg Buckley, owns the property at 25885 Birch Bluff Road. The applicant had requested a setback variance to build an addition on the east side of his home, behind the existing garage. Director Nielsen explained the subject property was located in the R-l CIS, Single-Family ResidentiallShoreland zoning district and contained approximately 21,781 square feet of area. The lot was technically a corner lot, having frontages on Birch Bluff Road and a "paper street", originally platted as Second Street. The proposed two-story addition measured 8' x 24' and necessitated a 25-foot variance. The required setback from the Second Street right-of-way cuts the property approximately in half. Nielsen went on to explain the 35-foot setback required from Second Street severely limited the buildability of the applicant's lot. If allowed a 10-foot setback from the right-of-way, the applicant had adequate room to fill in the space behind the garage, which was already at a ten-foot setback. He noted at the time the home was built, the City did not require the builder to observe a 35-foot setback. Nielsen then explained there was ample precedent for granting the applicant's request for a variance. The City had, on other occasions, granted similar variances for properties abutting fire lanes (platted rights-of-way leading to lakeshore). CITY OF SHOREWOODCOUNCIL MEETING March 27, 2006 Page 7 of 10 Nielsen also explained the Second Street right-of-way was part of a small network of so-called "paper streets" south of Birch Bluff Road. Second Street and Third Street, to the west, are north/south rights-of- way, connected by Clara A venue, which runs east and west. A number of years ago, the City examined the area in question relative to the future of these rights-of-way. The "Clara Avenue Study" concluded that the streets were too substandard in width, did not respect topography, and houses were built too close to them to upgrade them into standard City streets. Nevertheless, it was decided they would not be vacated as they did provide limited access to three large parcels of land on the south side of Clara Avenue. He noted they were very similar to the fire lanes that currently existed in Shorewood. As in similar requests relative to fire lanes, the Planning Commission recommended the applicant's request for a variance be granted, treating the right-of-way in question as a typical side yard. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 06-027, "A Resolution Granting a Setback Variance for Greg Buckley, 25885 Birch Bluff Road". Motion passed 3/0. Director Nielsen stated Staff would conduct a study of the "paper streets" and identify which of them could potentially be opened as a City street. The Commission would then review whether or not the ordinance should be recommended to be amended to allow for fire lanes and "paper streets" to have a 10- foot setback rather than deal with each of the requests on an individual basis. B. Conditional Use Permit - Accessory Space in Excess of 1200 Square Applicant: Blair Bury Location: 28160 Boulder Bridge Drive Director Nielsen stated the applicant owned the property at 28160 Boulder Bridge Drive. The applicant wanted to add on to his existing attached garage. The floor area of the new garage, when combined with an existing attached garage, brought the total area of accessory space on the property over 1200 square feet. Therefore, the applicant had requested a conditional use permit to construct accessory space in excess of 1200 square feet on the property. Nielsen explained the property was zoned P.U.D./S, Planned Unit Development/Shoreland, and was subject to Shoreland management requirements. It contained 59,077 square feet of area. The existing house contained approximately 3560 square feet of floor area in the two levels above grade. The existing garage contained 760 square feet of floor area. The proposed garage contained 810 square feet, which would bring the total area of accessory space on the site to 1570 square feet. Nielsen then explained Section 1201.03 Subd.2.d.(4) of the Shorewood Zoning Code contained four specific criteria for granting this type of conditional use permit. He reviewed how the applicant's proposal complied with the Code. Nielsen stated the applicant's request was considered to be consistent with the requirements of the Shorewood Zoning Code; therefore, the Planning Commission recommended the conditional use permit be granted as requested. Turgeon moved, Wellens seconded, Adopting RESOLUTION NO. 06-028, "A Resolution Granting a Conditional Use Permit for Accessory Space Over 1200 Sq. Ft. for Blair Bury, 28160 Boulder Bridge Drive." Motion passed 3/0. CITY OF SHOREWOODCOUNCIL MEETING March 27, 2006 Page 8 of 10 C. Minor Subdivision/Combination Applicant: Mark Sass Location: 22690/22740 Murray Street and 6035 Galpin Lake Road This was discussed and approved under Item 6.A. 9. GENERAL/NEW BUSINESS A. Approval of the Spring Clean-Up Contract for Services Item 9.A was moved from Item 3.E at the request of Councilmember Turgeon. Councilmember Turgeon suggested Council direct Staff to survey residents to assess whether the property owners thought the services provided as part ofthe Spring Clean-up Day were of value based on what they had to pay. She suggested Council and Staff review what the goals and expectations for the Spring Clean-up day are by 2006 year-end. She noted Minnetonka works in conjunction with Hennepin County to provide a household hazardous waste collection site. Turgeon went on to state the volume of waste picked up on that day seemed to have declined over the last few years, but she did not know the reason for the decline. Councilmember Wellens stated it may have declined because of the market, and he stated some residents may feel it was unfair to pay for this service if they did not have that type of refuse. Mayor Love stated the service was to provide a means for proper disposal of the refuse. Director Brown reviewed a document the Staff had prepared depicting the gross costs for Spring Clean- up collections for 2001 - 2005. He stated he believed the City should provide a means for proper disposal of the refuse. He then stated Staff believed the issue was not whether or not there should be this type of service; the issue was whether or not it should be a curb-side pick-up service or a drop-off user-fee serVIce. Councilmember Turgeon clarified she was not suggesting the City eliminate the curb-side pick-up. She only wanted resident feedback as to what type of Spring Clean-up Day services are most important to them. Administrator Dawson stated the most expensive part of the Spring Clean-up Day service was the curb- side pickup; the drop-off scenario would be substantially cheaper to provide. Mayor Love agreed there should be input from the residents; but he did not see a referendum on this issue. He stated he would like to see the service expanded in some areas, and he would like to have the City work more closely with Hennepin County on the collection and disposal of items such as paint, chemicals, etc. He also stated it was important for the Council to view a collective benefit to the community and not just individual benefits, noting there were times the individual resident may not realize the benefit. Councilmember Wellens stated if the City went to a drop-off service he would prefer to have two drop- off locations. CITY OF SHOREWOODCOUNCIL MEETING March 27, 2006 Page 9 oft 0 Turgeon moved, Wellens seconded, Approving the Spring Clean-Up Contract for Services with the Understanding Council would Review the Goals and Expectations of Providing this Service by 2006 Year-End. Motion passed 3/0. 10. ENGINEERING/PUBLIC WORKS No Engineering or Public Works items were presented this evening. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff None. B. Mayor & City Council Mayor Love stated the hiring process for a new Excelsior Fire District Fire Chief was progressing. Mayor Love stated the EFD Firefighters had asked for a different 10cation for the fire boat. The new owners of the Shorewood Yacht Club would be pleased to have the boat be located there. Love explained if the boat were to reside at the Yacht Club the owners of the Yacht Club, on behalf of the firefighters, would have to apply for two items: 1) an amendment to the C.U.P. so the fire boat would not be counted as one of the four motorized boats allowed in its C.U.P.; and 2) the fire boat should not be part of the City's licensing fee. Administrator Dawson explained the LMCD does grant exceptions to public safety boats; the boats do not count against the authorized boat storage units. Councilmember Turgeon questioned what the importance was for having the fire boat at the Shorewood Yacht Club versus at the Tonka Bay docks. Mayor Love explained the "minimum wake" distance from the Shorewood Yacht Club to an open water area was substantially shorter than it would be if the fire boat were docked at the Tonka Bay docks; time was of the essence in an emergency. Mayor Love stated his intent was to alert Council this topic would be on a future agenda. Administrator Dawson noted the next meeting of the EFD Governing Board was scheduled for Wednesday April 26, 2006, at 6:00 P.M. at the West Side Station. CITY OF SHOREWOODCOUNCIL MEETING March 27,2006 Page 10 of 10 ADJOURN Turgeon moved, Wellens seconded, Adjourning the Regular City Council Meeting of March 27, 2006,8:24 P.M. Motion passed 3/0. l( r- {ji I / .)A~ RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Woody Love, Mayor