072301 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, JULY 23, 2001
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:09 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Attorney Keane; Engineer Brown; and Planning Director Nielsen
Absent:
Finance Director Burton
B.
Review Agenda
Mayor Love reviewed the Agenda for this evening. Director Nielsen requested Item 8B, A Request by
Marjorie Peterson for Consideration of Purchase of Land as a Conservation Easement be added to the
Agenda for this evening. Councilmember Lizee requested Item lOAS, An Update on Discussions with
MCES and Sports Organizations, be added as well.
Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes July 9, 2001
Turgeon moved, Garfunkel seconded, approving the City Council Regular Meeting Minutes for
July 9, 2001, as presented. Motion passed 5/0.
B. City Council Work Session Minutes July 9, 2001
Turgeon moved, Garfunkel seconded, approving the City Council Work Session Minutes for
July 9, 2001, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Lizee moved, Zerby seconded, approving the Motions contained on the Consent Agenda and
Adopting the Resolutions Therein:
A. Approval of the Verified Claims List
B. Authorization to hire an Assistant Liquor Store Manager
C.
A Motion Adopting RESOLUTION NO. 01-039, "A Resolution Setting the Fee for
Registered Sports Participation" Referencing an Amendment to the Fee Schedule
for Organized Sports Participant Fees."
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CITY COUNCIL REGULAR MEETING MINUTES
July 23, 2001
Page 2 of 9
D.
Extensions of Deadline for Compliance with Notices to Remove
1. Appellant: Daniel Engelhardt
Location: 24780 Glen Road
2. Appellant: John McMasters
Location: 4530 Enchanted Point
3. Appellant: Mark Anderson
Location: 6145 Sierra Circle
E. A Motion Adopting RESOLUTION NO. 01-040, "A Resolution Accepting Bids and
A warding Contract for Project 98-05 for Trunk Highway 7 and 41 Construction
Project."
Motion passed 5/0.
4. PRESENTATIONS
A. Presentation of A wards to Former Planning Commissioners for their Service on the
Planning Commission
Mayor Love presented awards to Mr. Neil Anderson and Mr. Tim Boehm for their service on the
Planning Commission, noting he viewed the Planning Commission as being a first line of the City, as
people often had to work through City ordinances and requests as part of moving to the City. He also
noted Mr. Boehm's award would be sent to him as he was no longer living in the area. He stated these
awards were given with deep appreciation from the City on behalf of the Commissioner's efforts.
Mr. Anderson thanked the City Council for the opportunity to serve the City of Shorewood and for being
a fine place for his family to live in the past few years.
5. MATTERS FROM THE FLOOR
Mr. Ed Bergslien, 24785 Smithtown Road, questioned the status of traffic signals being placed at the
intersection of Smithtown Road/Country Club Road/County Road 19.
Mayor Love stated he appreciated the concern and noted the Council would like to see this completed as
well. Engineer Brown then explained that the City's engineering consultants were now going to be
submitting a proposal to Hennepin County to design the intersection project, as the County would not be
able to hold to the construction schedule for next year. With this design proposal in place, the
construction of the intersection would be able to take place next year as the Council hoped.
6. PARKS
A. Report on Park Commission Meeting Held July 10,2001
Commissioner Meyer reported on matters considered and actions taken at the July 10, 2001, Park
Commission Meeting (as detailed in the minutes of that meeting). She also thanked the Mayor and
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CITY COUNCIL REGULAR MEETING MINUTES
July 23, 2001
Page 3 of9
Council for attendance and appreciation at the two recent Grand Opening ceremonies for the Skate Park
and Eddy Station.
Councilmember Turgeon thanked the Park Commission for its efforts in planning those events for the
community. Mayor Love expressed similar comments stating those efforts showed the hard work and
vitality of the Park Commission and Park Foundation.
7. PLANNING
Commissioner Packard reported on matters considered and actions taken at the July 17,2001, Planning
Commission Meeting (as detailed in the minutes of that meeting).
A. Conditional Use Permit - Accessory Space Over 1200 Square Feet
Applicant: Herbert Margolis
Location: 28045 Boulder Bridge Drive
Director Nielsen reviewed background pertaining to this matter, noting Mr. Margolis proposed building a
studio room addition to the rear of his existing garage and a gazebo/pool house on the north side of the
rear yard. With the existing home, plus the addition of the studio room and gazebo, the square footage
would exceed 1200 square feet, thus, necessitating a request for a Conditional Use Permit. Director
Nielsen noted the applicant's design met all four criteria for a conditional use permit.
Mr. Margolis was in attendance this evening and stated he would be available to answer any questions the
Council may have about this request. Councilmember Lizee stated she had heard the presentation made
by the applicant was very well done, and that the neighbor to the north was quite pleased with the planned
addition.
Lizee moved, Turgeon seconded, Adopting RESOLUTION NO. 01-041, "A Resolution Granting a
Conditional Use Permit for Additional Accessory Space for Mr. Herbert Margolis, 28045 Boulder
Bridge Drive." Motion passed 5/0.
B. Conditional Use Permit - Accessory Space Over 1200 Square Feet
Applicant: Tracey Weathers
Location: 20025 Vine Street
Director Nielsen explained relevant information and criteria pertaining to this request. He noted Mr.
Weathers had submitted a proposal to add on to an existing detached garage situated on the east side of
the lot to the rear of his home. Mr. Weathers had submitted a revised design for the garage requesting
that the roofline of the new garage match the existing building height. Upon review of this plan, the
roofline was found to exceed the height limits for the zoning code of the City. Mr. Weathers then agreed
to work with the original design plan that Council had before them this evening.
Turgeon moved, Garfunkel seconded, Adopting RESOLUTION NO. 01-042, "A Resolution
Adopting a Conditional Use Permit for Additional Accessory Space for Mr. Tracey Weathers,
20025 Vine Street."
Councilmember Zerby stated he would be abstaining from the vote on this matter to avoid the appearance
of a conflict of interest as he had hired the applicant as a contractor in the past.
. Motion passed 4/0/1, with Zerby abstaining.
CITY COUNCIL REGULAR MEETING MINUTES
July 23, 2001
Page 4 of9
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C.
Zoning Code Amendment - Therapeutic Massage Services in C-3 District
Applicant: Catherine Fogarty
Director Nielsen explained Ms. Fogarty had applied for a Zoning Code text amendment allowing
therapeutic massage services as a principal use in the C-3, General Commercial zoning district. Her
intent was to open her own massage therapy business in the office building located at 19285 State
Highway 7. He noted at present this use was only allowed in commercial zoning districts when in
conjunction with a medical office or as an accessory to a beauty salon.
Director Nielsen went on to explain that when considering a text amendment request, the City typically
surveyed other communities in the metro area to see how the issue was addressed. He stated his findings
from the most recent survey showed this was no longer considered a land use issue, but was allowed by
permitted use with the business being licensed by the city. Also, City Attorney Keane had drafted such an
ordinance for another city he had previously worked with, and found it worked well in matters such as
this one.
Ms. Fogarty was in attendance and stated she would be available to answer any questions regarding this
matter for Council.
Zerby moved, Garfunkel seconded, Adopting ORDINANCE NO. 373-a, "An Ordinance Amending
Section 1201.22m Subd. 2.a. of the Shorewood Zoning Code to Include Massage Therapy Services.
Motion passed 5/0.
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D.
City Code Amendment Establishing Licensing Procedures for Therapeutic Massage
Services
Director Nielsen stated this amendment was not yet ready for action this evening.
E. Conditional Use Permit - Auto Sales Lot
Applicant: Smithtown Motors (Triple B Equities)
Location: 24470 Smithtown Road
Director Nielsen reviewed the background on this matter. He noted the applicant had made a previous
request this year for improvements to the exterior of the business and to bring the site into conformity
with ordinance allowances. He also explained the Planning Commission had approved this request with a
number of conditions that he reviewed as part of the conclusion in the draft resolution. These conditions
included the prohibition of any temporary attention-getting signage on the cars or building; limitations to
the number cars allowed for display outdoors; limited hours of operation; restrictions regarding on-street
delivery; and prohibition of substantial auto repair on site. Director Nielsen also noted the Planning
Commission had requested one additional spruce tree be placed in the southwest comer of the lot as part
of its recommendations. However, he noted, the visibility would be greatly reduced in that area, and thus,
he requested this item be removed from the approval conditions set forth by the Planning Commission.
Mr. Dick Bury, owner of Smithtown Motors, was present, and stated he could live with the
recommendations set forth by the City.
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Councilmember Lizee questioned whether there had been some alterations planned for the site to decrease
the amount of hardcover at the front of the property. Director Nielsen explained this reduction was
planned as part of the previously approved request to bring the site into conformity.
CITY COUNCIL REGULAR MEETING MINUTES
July 23, 2001
Page 5 of9
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Councilmember Zerby questioned Mr. Bury about his methods of advertising for his business. Mr. Bury
explained he advertised in some business trade advertisements, as well as through word-of-mouth. He
stated most of his business was conducted over the phone long-distance; thus, he was not anticipating the
need for any attention-getting devices. Councilmember Zerby then asked if restoration work on the cars
would be occurring on site. Mr. Bury eXplained only minor repair work, such as repairing a broken
windshield wiper, would be done on site.
Councilmember Turgeon asked whether Mr. Bury had his dealer's license. He responded affirmatively.
Councilmember Turgeon stated she would like to have a copy of that dealer's license placed on file at
City Hall every year as part of the conditions for approval in the resolution. Mr. Bury stated he had
owned and operated a classic auto sales lot in St. Louis Park, Minnesota, previously and had not had any
problems, and was not anticipating any at this site either.
Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 01-043, "A Resolution Adopting a
Conditional Use Permit, with the addition of a condition to have a copy of the dealer's license for
this business on file at City Hall every year for Smithtown Motors, 24470 Smithtown Road."
Motion passed 5/0.
F. Cub Foods - Comprehensive Plan Amendment, Rezoning, Conditional Use Permits,
Variances, Preliminary Plat, Right-of-Way Vacation
Applicant: Shorewood Village Shopping Center, Inc.
Location: 23680 State Highway 7 (Shorewood Village Center)
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Director Nielsen explained the applicant had withdrawn the application for this project. He stated he had
met with the applicant last week, and the intent of the applicant was to rework the proposal and return for
consideration through the approval process. He noted by withdrawing the application, the process
allowed for immediate return with a new proposal rather than having to wait for six months as
necessitated by a denial of this application.
Mayor Love stated he had attended the Public Hearing and heard a number of consistent messages from
the residents regarding this matter. He stated he did not believe the issue he heard at that Public Hearing
was effectively whether a CUB Foods Store should be in that location, but rather, if "big box dealers"
such as Home Depot, Target, or other large-scale retailers would fit into the community and could
conform to zoning issues set forth in the Comprehensive Plan. He also heard concerns regarding the
affected use of the area and collector streets. He then questioned whether this was an appropriate time for
consideration of a moratorium on large-scale operations. He noted this would also give the Planning
Commission time to examine current zoning regulations in the Comprehensive Plan for the City and
determine whether a moratorium would be necessary. Mayor Love further stated he knew the Shore wood
Village Shopping Center would be redeveloped, and the City should welcome that change; however, he
thought the important question was how best to guide that change.
Councilmember Zerby stated he was concerned that the City would be tinkering with the laws of
economics. He was also concerned for the balancing act that must take place as the community wanted a
place provided for goods and services.
Mayor Love stated he heard Councilmember Zerby's concern as well as those of Mr. Stan Taube's the
evening of the Public Hearing, and he noted it was very important to understand that consideration of a
moratorium would not presuppose a conclusion in this matter. He stated he thought CUB Foods had
every right to apply for the permit and deserved to have the dialogue exchanged at the Public Hearing as
. part of the process.
CITY COUNCIL REGULAR MEETING MINUTES
July 23,2001
Page 6 of 9
. Councilmember Garfunkel stated he previously had not commented regarding this matter due to the
appearance of a conflict of interest; however, he believed this discussion was not specifically related to
CUB Foods. He stated he was reluctant to discuss a moratorium, as he believed the issue was really
whether any applicant could meet the requirements of the City for building and operating in an area. He
further stated he was not sure what a moratorium would accomplish.
Mayor Love then requested comments from Administrator Dawson and Director Nielsen on the issue.
Administrator Dawson explained the Comprehensive Plan allowed the largest use as community in scale;
however, he believed this to be somewhat ambiguous in its description. He thought it important to clarify
designations of allowable uses of that kind within the Comprehensive Plan. In addition, he stated he
heard issues regarding transportation of the Comprehensive Plan at the Public Hearing. One of those
issues involved the impact on an area and the use of its collector streets, and another issue was how
drawing from other areas of the community would affect those streets. Director Nielsen stated he agreed
with Administrator Dawson in that community-scale commercial uses needs to be defined.
Mayor Love requested staff prepare a report regarding a moratorium and its impacts for further discussion
by Council and Planning Commission at a later date.
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Director Nielsen commented he was concerned that with the current Comprehensive Plan a retailer could
technically fit all zoning regulations, but would be inconsistent with the issues of the residents. He
thought there should be a better fit between the two lines of thinking, and the Comprehensive Plan should
demonstrate a better understanding before an application was being considered, rather than in the middle
of it. He also reminded Council that the idea of a moratorium did not presuppose the conclusion. While
there were advantages of use of a moratorium, it was clearly the decision of the Council, and he thought it
wise to seek recommendations from the Planning Commission as part of this consideration as they had
worked extensively with defining the Comprehensive Plan.
8. GENERAL
A. Appointment to Park Commission
Turgeon moved, Zerby seconded, appointing Paula Callies to fiU the term vacated by Paula Berndt
on the Park Commission through January, 2004. Motion passed 5/0.
B. A Request for Consideration of Purchase of Land as a Conservation Easement
Director Nielsen explained Mr. and Mrs. Peterson had considered a number of options regarding sale of
their land. The property elevation was quite low and platting had indicated a large amount of fill would
be required to make the site buildable. As part of this consideration, they decided they would like to offer
the property to the City for a conservation easement.
Mrs. Marjorie Peterson was in attendance and stated she would be available to answer any questions
Council may have.
Mayor Love stated he had spoken with Mrs. Peterson regarding an inventory of this land. He stated he
did not believe the City had funding available at this time for a purchase of this kind; however, it was his
understanding the Petersons still wished to sell the land.
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CITY COUNCIL REGULAR MEETING MINUTES
July 23, 2001
Page 7 of 9
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Mrs. Peterson stated she and her husband wanted to sell the land at a price reasonable enough to cover the
extensive expenses that had been expended on the site. She further noted she and her husband had
complied with the requests of the City and would be willing to sell the property to the City at a decreased
value to include some tax benefits.
Councilmember Garfunkel asked whether the Petersons had considered a certain price for the land. Mrs.
Peterson responded an appraisal had been completed with comparables included in the range between
approximately $110,000 and $169,000. She noted she would be willing to work out the specifics of the
purchase, but had requested this consideration now due to health concerns and the possibility of
relocation.
Mayor Love stated this gave the Council some awareness of her intent regarding the property; however,
he needed more information. He stated the Council would meet again in three weeks' time, and he
suggested Mrs. Peterson work with City staff on this matter to see if any solution could be reached in the
next three weeks.
Mrs. Peterson expressed her thanks to the Council for consideration of this matter.
9. ENGINEERINGIPUBLIC WORKS
A. Water Use Update
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Engineer Brown explained that recent media reports had been reporting information regarding aquifers
that had residents concerned for well water usage. He explained there were two types of aquifers. One
kind referred to, as "top" aquifers, where most private wells in Shorewood would draw water, were
located approximately 120 to 150 feet below the surface. City wells, however, were located at a depth of
approximately 320-340 feet below the surface and were considered "deep" aquifers. He explained the top
strata typically fed private wells and had a great deal of variation from environmental issues regarding
groundwater recharge. The deep wells were not as affected by atmospheric conditions. He also stated
there appeared to be a concern in the community that the deep wells were responsible for the drawing
down of the top wells. This was not so. The City wells did not draw down water from those top wells.
He further explained he brought this up because there was a dramatic increase in water usage in the
Waterford area of the City.
Engineer Brown further explained the Department of Natural Resources (DNR) allotted communities a
certain amount of water. When that appropriation was exceeded, the City was required to pay a certain
rate for the additional usage. He explained this now, because the City had exceeded its usage
appropriation, and he was certain the DNR would return to the City with concerns and suggestions for
residents to restrain usage. Those suggestions were usually somewhat severe, and residents needed to be
aware that this was a possibility in the future.
Councilmember Turgeon stated she had experienced the consequences of a well going dry and she
believed it important to publish educational pieces of information to the public. Mayor Love also agreed,
noting aquifers tend to be more like sponges that dry out, rather than a river of water constantly flowing
beneath the surface, as some people may believe. Councilmember Zerby stated he thought the water
usage issue would make an excellent item for the City newsletter.
10. REPORTS
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A.
Administrator & Staff
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CITY COUNCIL REGULAR MEETING MINUTES
July 23,2001
Page 8 of9
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1.
Gideon Glen
Administrator Dawson explained the Minnehaha Creek Watershed District had agreed to release funds to
help with the purchase of Gideon Glen.
2. Skate Park
Administrator Dawson reported there had been a very successful Grand Opening ceremony held and
while there was not quite the media interest he had hoped for, the ceremony and skate park were
outstanding.
3. Eddy Station
Eddy Station also had a Grand Opening ceremony recently, Administrator Dawson reported. He noted
this was a good event for the community, and he was pleased that the facility would be available for
rental.
4. County Road 19 Intersection
Engineer Brown reiterated progress being made on this project. He noted Hennepin County had
acknowledged the City's desire to act as a lead agency to keep the project moving forward in a timely
manner. He hoped to have more information at the next Regular City Council meeting.
5. Update on Discussions with MCES and Sports Organizations
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Administrator Dawson stated the member cities of Minnetonka Community Education Services (MCES)
met with representatives of MCES as part of a bimonthly forum to discuss their partnership with the
Minnetonka School District and member cities. One aspect of the forum included discussion related to
scheduling of sporting events within the community parks. Consensus among the cities showed a better
understanding was needed regarding expectations of all involved parties. It was the hope of the group to
be able to meet all expectations by year-end. He also reported it was a bit disconcerting to hear the school
district had to cut back on its full-time recreational programming position. The cities were hoping to be
able to convince the school district that this should not occur.
Councilmember Turgeon stated she appreciated all the time that had been given to discussion with
MCES; however, she did not believe the cities' needs were being heard or properly handled. She thought
it important to have a plan in place prior to January 1,2002, as she thought City staff time should be spent
on other matters rather than dealing with the details of sporting events.
Mayor Love stated he appreciated the concern. He hoped the better headway could be made with MCES
regarding these matters.
Councilmember Turgeon stated she was not sure why the City was not getting ample cooperation, and she
thought MCES should be doing a better job of being partners with its member cities. Mayor Love stated
he believed all member cities were not presenting a consistent message regarding this issue. He stated the
next step included an inventory of services, sites, and users to be developed by MCES Staff and shared
with all cities. He also noted it would be important for all cities to have representatives attending the
meetings in an effort to present a unified message. Larger communities had offered the use of their Park
and Recreation Directors in discussions with MCES and did not seem to rely on community services the
. way Shorewood needed to rely on MCES.
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CITY COUNCIL REGULAR MEETING MINUTES
July 23, 2001
Page 9 of9
B.
Mayor and City Council
Mayor Love noted a tour of the police and fire facilities in the area would be taking place soon. He noted
the committee would be making a significant decision regarding merging of these services and potential
site acquisition over the next few days. He encouraged Council and any other interested parties to attend
the Open Houses scheduled for these facilities. He also stated there had been non-binding discussions
with property owners regarding property acquisitions that would be taking place in the course of the next
few days.
11. ADJOURN
Zerby moved, Turgeon seconded, adjourning the Regular City Council Meeting of July 23, 2001, at
8:44 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
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Sally Keefe,
Recording Secretary
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