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PC-09-17-13 CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, SEPTEMBER 17, 2013 7:00 P.M. MINUTES CALL TO ORDER Chair Geng called the meeting to order at 7:01 P.M. ROLL CALL Present: Chair Geng; Commissioners Charbonnet, Garelick, Davis, Labadie, Maddy and Muehlberg; Planning Director Nielsen; Council Liaison Woodruff; and, Engineer Hornby Absent: None APPROVAL OF AGENDA Davis moved, Labadie seconded, approving the agenda for September 17, 2013, as presented. Motion passed 7/0. APPROVAL OF MINUTES  August 6, 2013 Davis moved, Muehlberg seconded, approving the Planning Commission Meeting Minutes of August 6, 2013, as presented. Motion passed 7/0. 1. 7:00 P.M. PUBLIC HEARING – ZONING CODE TEXT AMENDMENT REGARDING ZONING PERMITS Chair Geng opened the Public Hearing at 7:02 P.M. Director Nielsen explained that earlier this year the City adopted an ordinance establishing a system of zoning permits for various items regulated by the Zoning Code that were not addressed in the Building Code. In adopting the ordinance, three items were removed from the amendment – fences, patios and sidewalks, and temporary signs. During its July 2, 2013, meeting the Planning Commission held a public hearing to consider changes to the fence regulations and made its recommendation to the City Council. This public hearing is to consider revisions to the Code relative to patios, sidewalks and temporary signs. This item will likely be on Council’s October 14, 2013, meeting agenda. He highlighted the proposed changes to the Code. The City already requires a building permit for temporary signs. Therefore the only change that has to be made to Zoning Code Section 1201.03 Subd. 11.f(1) is to add the following statement “Temporary signs as provided for in c.4. of this Subdivision, shall require a zoning permit pursuant to Section 1201.07 of this Code.” The fee for the zoning permit will be $20. The change simply moves the permit to the zoning permit category. Two temporary signs per year for ten days at a time are allowed for every property. The maximum size is 32 square feet. CITY OF SHOREWOOD PLANNING COMMISSION MEETING September 17, 2013 Page 2 of 8 The second change involves adding definitions for patio and sidewalk to Zoning Code Section 1201.02. The proposed definition for patio is “A paved space that adjoins a residence and is used for dining or recreation.” The proposed definition for sidewalk is “A pedestrian way, public or private, designed or intended for the principal use of pedestrians.” Sidewalks are an allowable encroachment in the side yard setback for a single-family property. Patios are subject to setback and hardcover regulations per the Zoning Code not the Building Code. Both would not be subject to zoning permits. Seeing no one present to comment on the case Chair Geng opened and closed the Public Testimony portion of the Public Hearing at 7:07 P.M. Commissioner Davis stated if a person were to get a building permit to build an addition on to their home and construct a sidewalk as part of the project she asked if the sidewalk would covered by the building permit. Director Nielsen responded it is. Commissioner Muehlberg asked what the definition for patio means where it says the paved space adjoins the residence? Director Nielsen explained most often they are not connected to the house. Commissioner Davis asked Council Liaison Woodruff if the changes proposed would be adequate for Council. Woodruff explained that he had asked for more clarification and he thought what is being proposed would be adequate. Council Liaison Woodruff asked if the definition for patio is sufficient should a person want to construct the patio in the middle of the back yard. Director Nielsen responded he thinks it is and noted that adjoined does not mean connected. Commissioner Davis stated a person could argue that the patio is not adjoined to their house. Nielsen noted if it had to be up against the house the word abutting would have been used instead. Davis moved, Garelick seconded, recommending approval of the Zoning Code text amendment relative to patios, sidewalks and temporary signs. Motion passed 7/0. Chair Geng closed the Public Hearing at 7:11 P.M. 2. DISCUSS TRAIL FEASIBILITY REPORTS  Mill Street Trail Segment and Galpin Lake Road Trail Segment Director Nielsen noted that WSB & Associates did the feasibility studies for the Mill Street and Galpin Lake Road trail segments. A copy of each of the study reports is included in the meeting packet. The two segments are the next priorities in the Trail Implementation Plan for 2014. He also noted that Engineer Hornby, an employee of WSB who is providing contract engineering services to the City, is present to talk about the studies. He then noted the Planning Commission drove the area where the two segments would be located prior to this meeting. Nielsen explained the Mill Street trail segment would start at the Chanhassen/Shorewood border on the south and end at the Excelsior/Shorewood boarder on the north. It would be located on the east side of Mill Street. The trail in the City of Chanhassen stops about one half of a block before the border. Hennepin County and Chanhassen appear to be interested in extending it to the border if Shorewood decides to construct this segment. Excelsior has decided not to conduct a feasibility study for building a Mill Street segment of this trail in Excelsior at this time. CITY OF SHOREWOOD PLANNING COMMISSION MEETING September 17, 2013 Page 3 of 8 In response to a question from Commissioner Garelick, Director Nielsen explained the City would pay for the permanent easements that are needed and if the City cannot reach an agreement with the property owners to acquire the easements within a specified time the City will start the process of acquiring them through the process of eminent domain. Garelick then asked how the purchase price is determined. Nielsen explained for the Smithtown Road west sidewalk easements the City hired an appraiser and then made offers based on the appraisals. The amount paid varied. For the County Road 19 trail segment the City was able to get the two required easements for free. Engineer Hornby explained that currently there is what Hennepin County calls an on-street trail along Mill Street. The County would prefer to have that trail separated from vehicle traffic. Mill Street is considered an arterial roadway in the County’s system. Staff worked with County representatives to identify minimum requirements the County would find acceptable to separate pedestrian and bicycle traffic from the vehicle traffic lane. The County would allow the City to reduce the size of the shoulder in order to fit the trail in provided the City meets the County’s design requirements. Curb and gutter would be installed along the east side of Mill Street. The County would allow the roadway to have an 11 to 12- foot driving lane and 4-foot-wide shoulder on the east side in order to keep a 5-foot separation between the face of the curb and the edge of the 8-foot-wide trail. Where possible, there will be a 2-foot-wide buffer between the edge of the trail and the right-of-way (ROW) line. The terrain in the project area varies. In some areas the slope is above the roadway on the side of the trail. In other areas the yard area continues to slope away. The areas that slope away are primarily where retaining walls would be constructed. Only one design alternative was considered during the feasibility study; an 8-foot-wide bituminous trail. The estimated cost for the project is just under $700,000. That amount includes construction costs plus a 10 percent contingency for construction costs plus 24 percent of that combined amount for indirect costs (that amount is typical in a feasibility report). There is approximately $145,000 slated for this project in the capital improvement program (CIP) for 2014. The project includes storm sewer improvements to convey stormwater runoff from the roadway to the existing wetlands and low lands. Some utility poles will have to be relocated in the County ROW. Director Nielsen noted the Trail Implementation Plan does not specify the design for any of the trail segments but it did recommend a 6-foot-wide bituminous surface as the base design. The width and surface of segments will be determined on a case by case basis. Engineer Hornby stated in those areas where the retaining wall will be close to the trail a pedestrian fence will be installed behind the wall and the width of the trail will be increased to 10 feet wide. Even with the amount of impervious surface that is being added for the Mill Street project the City will still be underneath the Minnehaha Creek Watershed District’s (MCWD’s) threshold for stormwater volume control. Therefore, the City will not need a pond. Staff is still looking into measures (e.g., a manhole or water quality structure) to reduce the transmission of some sediment downstream. Commissioner Garelick asked if there have been any studies that show what impact trails have on property values. Director Nielsen stated he assumes there have been studies. Director Nielsen stated the Mill Street and Galpin Lake Road trail segments were in part prioritized as a higher priority because of neighborhood demand. Commissioner Charbonnet stated it is a little bit concerning that there could potentially be a segment of trail that is not connected to both Chanhassen and Excelsior. He asked what the likelihood is that the trail would at least be connected to the trail in Chanhassen. Director Nielsen reiterated that there appears to be CITY OF SHOREWOOD PLANNING COMMISSION MEETING September 17, 2013 Page 4 of 8 a desire on the parts of Hennepin County and Chanhassen to make that connection. Nielsen stated Shorewood has as much if not more to gain than Chanhassen from this trail segment. In response to another question, Nielsen stated he does not know why Chanhassen stopped its trail short of the Chanhassen/Shorewood border. Maybe because the wetland in that area might have been problematic to deal with and there was no trail to connect to. In response to another question, Nielsen stated he would not think Shorewood would help pay for the short extension in Chanhassen. Nielsen then stated the worst case would be that people would have to go onto the on-street trail for that short distance in Chanhassen before getting onto the trail in Chanhassen. Council Liaison Woodruff asked staff to provide some type of property count for areas near the trial segments to use has a way to try and estimate what the use of the trails might be. He then asked Engineer Hornby what the grass buffer and boulevard would be planted with for the Mill Street project and how would it be maintained. Hornby stated that typically it would be sod but other alternatives (e.g., seed or prairie plantings) could be considered. With regard to maintenance, Hornby stated staff will have to discuss that. Director Nielsen stated Council has discussed its desire to have a policy regarding the level of maintenance for public areas. Commissioner Maddy asked if there will be an opportunity to plant trees in the boulevard area. Engineer Hornby stated the City needs to provide an area for the utilities in the public ROWs between the trail and the curb. Anything planted there would have to be lower in height. Hornby then stated sight distance has to be taken into account; people need to be able to see in both directions when coming out of their driveways. Director Nielsen noted that staff in general discourages planting trees in the public ROW. Maddy then asked if curb cuts were going to be put in. Hornby stated they would be. Also, filtrations are being considered to help reduce phosphorous loading and the amount of storm sewer that would be needed. In response to a question from Council Liaison Woodruff, Director Nielsen stated that through its adoption of the Trail Implementation Plan Council indicated that trails are a priority for the City. The Plan identifies the priorities for the various trail segments. The Planning Commission recommends what the design of the individual segments should be and what side of the road they should be located on based on information and recommendations found in the feasibility reports. Director Nielsen noted the recommendations found in the feasibility reports are well founded. Engineer Hornby stated if the City is looking for funding to help pay for the feasibility study it has to meet Hennepin County requirements. Therefore, the width of the trail has to be a minimum of 8 feet wide. He noted the width of the trail could be increased if the City wanted to. The County would likely prefer that. In response to a question from Council Liaison Woodruff, Engineer Hornby explained that the trail in Chanhassen that the Mill Street trail segment would get close to is 8 feet wide and it has a bituminous surface. Director Nielsen stated there is an alternative that has not been presented and that is to simply leave what Hennepin County calls an on-street trail in that location. That basically means doing nothing. He then stated he thought the residents who were involved in developing the Trail Implementation Plan would be quite disappointed if a separate trail is not constructed. And, the County prefers to have a separated trail. He went on to state that although the City cannot count on being awarded grants to help fund the construction there is some hope that the County will help fund it. Commissioner Davis asked how much the grant would be for. Nielsen responded the most he is aware of is about 25 percent of the cost to construct the trail. Engineer Hornby stated there are a couple of different grants the City can pursue but it CITY OF SHOREWOOD PLANNING COMMISSION MEETING September 17, 2013 Page 5 of 8 would need Chanhassen to fill the gap in the trail. Hornby then stated the maximum County grant for this project would be $100,000 while noting the County does some have discretion. Commissioner Davis commented the construction of retaining walls is quite costly. For the Mill Street project the estimated cost is $119,000 and for the Galpin Lake Road project it is $143,500. Engineer Hornby stated if there is a possibility of acquiring slope easements. But, there is a cost for doing that and filling in the area also. Commissioner Davis stated earlier in the day the stretch of trail in Chanhassen from Lake Lucy Road along Highway 41 to close to the border with Shorewood was very heavily used with people traveling north. She found it rewarding to see something that was expensive to build being heavily used. Director Nielsen stated the new County Road 19 trail segment is being heavily used. Engineer Hornby explained the Galpin Lake Road trail segment project is the more difficult of the two projects to do, noting both are difficult. The terrain is very difficult to deal with on both sides of the roadway. There needs to be a lot of retaining walls because of the grades. There is a large obstacle on the north end and the south end of the project area. On the south end there is a Minnesota Department of Natural Resources (DNR) protected wetland and there would be a lot of retaining wall needed in that area to try and help reduce impacts. There would be a lot of retaining wall needed on the west side because of the steep slopes on that side. If the trail were on the east side the number of crossings people would have to take would be reduced. On the north end there is a Metropolitan Council Environmental Services’ (MCES) lift station and Galpin Lake. It appears Galpin Lake would be easy to work around. But, there would some retaining wall needed near Excelsior but the rest can be dealt with by sloping. For the lift station Galpin Lake Road would have to be widened on the west side and narrowed on the east side in order to fit a 6-foot-wide bituminous walkway past the lift station. There would be a steel plate beam guard rail that goes from the lift station around the corner a little way and then transitions into cable type of guard rail. For the cable guard rail there has to be a 7-foot-wide buffer between it and a pedestrian way. With a plate beam guard the buffer only has to be 4 feet wide. For this project both an 8-foot-wide trail alternative and a 6-foot-wide trail alternative were considered. The 6-foot-wide alternative is the lower cost alternative and it does reduce impact, but it does not provide adequate space for combined pedestrian and bicycle use. There are some properties that drop off quickly. In some areas the trail will be close to the curb and in other areas it will be closer to the property line; the preference is to keep it further away from the curb to give the pedestrians more buffer from the traffic. Staff recommends going with the 6-foot-wide trail alternative. Chair Geng stated that one of the items discussed during the tour of the sites before the meeting was that if there were to be an 8-foot-wide trail along Galpin Lake Road it would require some additional ponding. That would likely require the City to acquire the entire adjacent property at a significant cost. That is a strong point in favor of the 6-foot-wide trail. Engineer Hornby stated with an 8-foot-wide trail, additional impervious area would trip a MCWD threshold and therefore would require volume control. That is not necessary with a 6-foot-wide trail, but the City will have to provide some water quality treatments. There would be a water quality structure for Galpin Lake discharge and one that would discharge to the wetland to the south. CITY OF SHOREWOOD PLANNING COMMISSION MEETING September 17, 2013 Page 6 of 8 In response to a question from Director Nielsen, Engineer Hornby explained the 10,000 square foot threshold rule applies to a linear project. If a linear project exceeds an additional 10,000 square feet of impervious surface then the project has to provide for volume control. If part of the project were done one year and the rest another year the permitting agencies would consider it one project. Chair Geng stated the feasibility report talks about the need to move private utility poles. He asked if the poles are owned by Xcel Energy or by property owners. Engineer Hornby explained private utilities are sometimes called small utilities. They would include power, telephone, cable television and so forth. They are generally owned by a utility company. Typically irrigation systems are not allowed in the ROW. If they are present they are typically moved out as part of the project. Geng stated based on this evening’s tour it is his understanding that along Mill Street Hennepin County could tell the utilities to move their poles. He asked if that would be the case along Galpin Lake Road. Engineer Hornby stated the City would do the exact same thing the County does because the City controls the ROW. The City would have the utilities relocate the poles because they are in conflict with a public improvement project. But, the City has to provide a place for them to be. He does not think the City has to pay for that to be done. Geng noted that it is his understanding that Xcel charges about $20,000 to relocate one of its utility poles. Hornby stated in all of the years he has done this type of work he has yet to see a bill for relocating utility poles. Director Nielsen stated the realignment of Galpin Lake Road as it connects to Highway 7 is included in the City’s Comprehensive Plan as a roadway project. The intent is to straighten Galpin Lake Road out somewhat so it is more of a 90 degree intersection with Highway 7. Engineer Hornby stated staff will look into the possibility of a safety grant through the Minnesota Department of Transportation (MnDOT) to help fund the realignment. He clarified that currently for this project the only thing that will be done is to widen one side of the roadway and narrow the other side. If there are some safety dollars available then maybe additional work on Galpin Lake Road can be done. Davis moved, Maddy seconded, recommending Council accept the Mill Street Trail Improvements Feasibility Report as presented. Commissioner Garelick stated if these two trail segments were constructed he asked how many miles of trails there would be in Shorewood. Director Nielsen stated he thought that information could possibly be found in the Trail Implementation Plan. Nielsen then stated these two segments amount to about one mile of trail. Commissioner Maddy asked if it is appropriate for the Planning Commission to weigh in on things such as curb cuts, swales and natural plantings. Director Nielsen stated the basic stuff is the location, the width and the materials. Nielsen suggested providing other input if they have it. Commissioner Davis stated she thought that the property owners living along the trail should weigh in on that. Chair Geng clarified that basically the Planning Commission is recommending approval of the recommendations for the trail location, the trail width and the trail surface at this time. Motion passed 7/0. Davis moved, Maddy seconded, recommending Council accept the Galpin Lake Road Trail Improvements Feasibility Report for the 6-foot-wide bituminous trail option as presented. Motion passed 7/0. CITY OF SHOREWOOD PLANNING COMMISSION MEETING September 17, 2013 Page 7 of 8 Commissioner Davis commented that the City of Lakeville has over 100 miles of trail. In response to a question from Commissioner Charbonnet, Engineer Hornby explained that for the realignment of Galpin Lake Road at County Road 19, Hennepin County considers the number of vehicle- to-vehicle crashes and pedestrian incidents to be a big factor for the County when considering safety grant applications. Hornby stated he would have to look up incident information for that skewed intersection. Engineer Hornby stated the difficulty with Galpin Lake Road is the way the access to it is modified on Highway 7; it becomes a collector northbound during the morning peak hour and Chaska Road takes the southbound traffic in the afternoon. He noted that Galpin Lake Road is now classified as a Minnesota State Aid (MSA) roadway. Chair Geng thanked Engineer Hornby for joining the Planning Commission on the trail tour and for coming to this meeting. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. OLD BUSINESS / NEW BUSINESS None. 5. DRAFT NEXT MEETING AGENDA Director Nielsen stated there are two minor subdivisions slated for the October 1, 2013, Planning Commission meeting. Also slated is a small planned unit development (P.U.D.). The noise ordinance will also be on that meeting agenda. 6. REPORTS • Liaison to Council Council Liaison Woodruff reported on the August 12, August 26, and September 9, 2013, Council meetings (as detailed in the minutes of those meetings). Commissioner Maddy stated during the Planning Commission’s August 6, 2013 meeting it discussed the site plan for the property located at 448 Lafayette Avenue. During that discussion it was noted there were two docks located on the property. He asked how that issue was resolved. Director Nielsen explained the applicant was able to provide an aerial photograph from May 1956, which predates Shorewood’s existence as a city, showing two docks on that property. Therefore, the property owners do not have to remove one of the two docks. Council Liaison Woodruff asked Director Nielsen when the Mill Street and Galpin Lake Road trail segments feasibility studies will be considered by Council. Nielsen responded he originally thought it would be on Council’s October 14 meeting agenda so Council would be able to read the minutes of this meeting. Because there was pretty good consensus among the Planning Commissioner’s about what is being proposed it’s possible they will be placed on Council’s September 23 meeting agenda. Nielsen asked Woodruff what his perspective is on that. Woodruff stated it would be better if Council had the opportunity to read the minutes; but, he does not want to compromise the schedule. Engineer Hornby CITY OF SHOREWOOD PLANNING COMMISSION MEETING September 17, 2013 Page 8 of 8 stated he does not think that having it on Council’s October 14 agenda is an issue. Woodruff stated he thought it would be useful for Council to have the minutes. He suggested revising the schedule accordingly. • SLUC Commissioner Davis stated she attended the most recent Sensible Land Use Coalition (SLUC) session. She noted she was surprised by how much it cost to attend. She explained the session was about the state of the aquifers. She found the session to be very good. She suggested the City get the DVD of that session. She stated the take away is immediate action has to be taken on things such as irrigation. She noted there is a free book that people can get. • Other Commissioner Davis noted that on September 18, 2013, there is the first 2014 Arctic Fever planning committee meeting. 7. ADJOURNMENT Garelick moved, Muehlberg seconded, Adjourning the Planning Commission Meeting of September 17, 2013, at 8:26 P.M. Motion passed 7/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder