091001 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDAY, SEPTEMBER 10,2001
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:00 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Gmfunkel, Lizee, Turgeon, and Zerby; Administrator
Dawson; Engineer Brown; Finance Director Burton; and Planning Director Nielsen
Absent:
Attorney Keane (arrived 7:04 P.M.)
B.
Review Agenda
Councilmember Turgeon requested Item 3F, be removed from the Consent Agenda and moved to Item
7E.
Lizee moved, Garfunkel seconded, approving the Agenda as amended. Motion passed 5/0.
2. APPROVAL OF MINUTES
A.
City Council Regular Meeting Minutes August 27,2001
Zerby moved, Turgeon seconded, approving the City Council Regular Meeting Minutes of August
27, 2001, as presented. Motion passed 5/0.
3. CONSENT AGENDA
Garfunkel moved, Turgeon seconded, approving the Motions contained on the Consent Agenda and
Adopting the Resolutions Therein:
A. Approval of the Verified Claims List
B. Approving the Permanent Appointment of Julie Moore as Communications
Technician
C. Approval of RESOLUTION NO. 01-054, "A Resolution Announcing Shorewood's
Intent to Organize Refuse Collection Services."
D. Approval of RESOLUTION NO. 01-055, "A Resolution Accepting Stormsewer in
the Plat of Seamans Estates."
E. Authorizing Submittal of a 2001-2002 Winter Trail Activities Permit
F.
Authorize Expenditure of Funds for Bleachers at Badger Park (This item moved to
Item 7E.)
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CITY COUNCIL REGULAR MEETING MINUTES
September 10, 2001
Page 2 of9
Motion passed 5/0.
4.
MATTERS FROM THE FLOOR
There were no matters from the floor presented by audience members this evening.
5. PARKS
Chair Arnst reported no Park Commission Meeting had taken place since the most recent Regular City
Council Meeting, thus, there was nothing new to report at this time.
6. PLANNING
Commissioner White reported on matters considered and actions taken at the September 4, 2001,
Planning Commission Meeting (as detailed in the minutes of that meeting).
A. Variance Request - Setback and Variance to Structurally Alter a Nonconforming
Structure
Applicant: James Russell
Location: 26080 Birch Bluff Road
Director Nielsen explained the variance request and history surrounding this request as detailed in the
Planning Commission Minutes of August 7, 2001. He noted the Planning Commission had recommended
approval of the request with the following conditions:
1.
The existing carport and shed near the carport be removed in conjunction with the
construction of a new foundation.
The driveway located in the Third Street right-of-way be reduced upon construction of
the new garage.
The applicant must obtain a permit for incidental use of the public right-of-way in order
to keep a driveway in the right-of-way.
In repairing the damaged roof on the home, the Applicant may extend the dormer on the
lakeside of the structure and replace the shed dormer on the front of the home with a
gable dormer.
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Director Nielsen stated, with regard to the second condition, the applicant would remove approximately
one-half of the existing driveway when the new garage was constructed. He indicated the applicant
thought this would be taking place in the near future due to the removal of the carport.
councilmember Turgeon briefly reviewed the history of requests for the site and expressed concern
regarding the continued use of the fire lane as a driveway. She proposed a motion allowing the applicant
use of fire lane for two years or until a garage was built, whichever occurred first.
councilmember Zerby stated that his intent to revisit this issue was to allow the applicant a chance to be
present and heard before Council regarding various options being considered for his property.
Zerby moved, Garfunkel seconded, to reconsider the failed motion from the August 27, 2001,
Regular City Council Meeting relating to the Russell variance, and bringing back the item for
further consideration. Motion passed 5/0.
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CITY COUNCIL REGULAR MEETING MINUTES
September 10, 2001
Page 3 of9
Mr. James Russell, owner of the property at 26080 Birch Bluff Road, addressed Council. Mr. Russell
stated he had spoken to City staff prior to the previous Regular City Council Meeting, and was surprised
to leam of these concerns at this point in the process. He submitted a fire lane map and petition, in
support of his proposal, from the neighbors surrounding his property to Council. He stated he believed if
he was denied the future use of his driveway, he was not receiving equal treatment from the City as others
in like circumstances. Further, he stated he thought it unfortunate that members of the Planning
Commission and City Council seemed to think he was getting by with something in using the fire lane as
he considered it to be a platted street by the City's own historical map and use. Further, he was not aware
motor vehicles were a prohibited use on a fire lane until this variance presented itself.
Mr. Russell then described how he believed the ordinances governing the use of fire lanes within the City
were conflicted in their use and description. Next, he presented photos to Council of the various fire lanes
within the City, noting there seemed to be an unclear vision of what constituted a fire lane in the physical
sense.
In summary, Mr. Russell, stated he was not thinking the land being used for his driveway was private
property, but a platted street. Further, he was not threatening a legal battle, but trying to demonstrate
there were different perspectives from which an item could be examined. Also, he stated good
government required those in charge to deal with residents through equal treatment and protect private
property for individuals.
Mayor Love asked Director Nielsen whether he believed the fire lane ordinance numbers referenced by
Mr. Russell's assertions were consistent with ordinance uses and maps. He responded they were
consistent with the ordinances.
Mayor Love then asked Attomey Keane for his comment. Attorney Keane stated there was encroachment
on a platted fire lane occurring in this situation. He stated he saw the City seeking removal of the
encroachment and was not seeing where government was confiscating private property. He stated
Council was retrieving its own right in the property right-of-way issue. Attorney Keane clarified, in
response to Mr. Russell's question, the encroachment being referenced was the driveway in the fire lane.
Councilmember GarfunkeI questioned Attorney Keane whether the equal protection issue was pertinent to
this discussion. Attorney Keane responded this was a factually specific inquiry where the adjoining
property had access to the property by use of a fire lane.
Mayor Love stated he thought the historic use of fire lanes had changed over time and he saw this as a
matter of encroachment.
Engineer Brown and Director Nielsen then gave a brief report of the number of driveways and homes
accessed through the use of fire lanes in the City.
Mayor Love stated it seemed as though there were two options presenting themselves this evening;
entertaining a motion of resolution or bring the matter back for further study and discussion after more
specific information regarding the ordinance was gathered.
Turgeon moved, Lizee seconded, approving RESOLUTION NO. 01-056, "A Resolution Granting A
Setback Variance for Mr. James Russell, 26080 Birch Bluff Road, subject to all staff
recommendations, and that a right-of-way permit be obtained for use of the fire lane to October 31,
2003, or until a garage was built on the property, whichever occurred first.
CITY COUNCIL REGULAR MEETING MINUTES
September 10, 2001
Page 4 of9
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Councilmember Zerby reminded Council this matter was present before Council because a tree fell on the
house, and he thought this requirement seemed a bit excessive. He stated it did not seem as though
anything was being hurt by continuing the use of this fire lane, noting the fire lane had the clearest path to
the lake. He questioned the validity for the purpose of the fire lane, as it certainly would not be able to
purposefully serve the City. He thought the actions presented in the motion before the City Council
seemed a bit unfair and asked Council to think beyond this matter.
Councilmember Lizee stated she thought it important to consider all of the matter as the plans had
changed and expanded many times from the original request. Also, she stated there were no other ways to
enter the driveways to the homes being accessed off the other fire lanes in the City, and Mr. Russell could
access his home differently on his own property. Further, she stated she believed it would serve Council
well to keep the fire lane as it was in the ordinance, without setting a precedent for personal use.
Council member Garfunkel stated he was feeling conflicted as he was not able to see the purpose of
continuing the requirement of the fire lane ordinance in this case.
Director Nielsen stated the term "fire lane" was a misnomer and because they are actually public rights-
of-way leading to the lake. He briefly reviewed the history of fire lanes, noting access to, water was the
original intent although the fire department never uses them for that in cUlTent day. Over time, "fire lane"
became the term people used to describe that bit of land. He explained that as part of the fire lane study,
options were reviewed and uses classified accordingly. This system of classification had worked well
over the past fifteen years and no complaints had been received prior.
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Councilmember Zerby stated he was not sure about this matter as a person could argue a fire lane was
nothing more than a public access to the lake that had been classified as such. He stated this fire lane was
not being used, nor maintained by the City and he could not see any intent for this land; he considered it
to be more of a land bank issue.
Director Nielsen explained it had been specifically decided not to place signage for fire lanes as the
neighbors knew of their existence.
Mayor Love stated this case was an example of encroachment to public property. Further, the public
platting issue referenced by the applicant did not persuade him. In addition, he had concern for what
would occur in the future as the potential for having the home redone seemed to certainly exist.
Councilmember Zerby stated although he did not see the City achieving any plans that would help the
applicant, he hoped there would be a way to work things out in the future, and he would accept the motion
without amendment.
Motion passed 5/0.
B. Conditional Use Permit - Accessory Space in Excess of 1200 Square Feet
Applicant: James Miller
Location: 5860 Hillendale Road
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Director Nielsen explained the applicant proposed adding approximately 848 square feet to his existing
garage. Since the resulting garage space would exceed 1,200 square feet, a request for Conditional Use
Permit was necessitated. With regard to various criteria for a conditional use permit, Director Nielsen
explained the proposed addition would not exceed the floor area above grade of the existing home, nor ten
percent of the minimum lot size, complied with for the R-l C setback requirements, and architectural
compatibility was not considered to be an issue.
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CITY COUNCIL REGULAR MEETING MINUTES
September 10,2001
Page 5 of9
Mr. James Miller, owner of the property, was present and stated he would be available for any questions
Council may have of him.
Garfunkel moved, Zerby seconded, approving RESOLUTION NO. 01-057, "A Resolution Granting
a Conditional Use Permit for Accessory Space in Excess of 1200 Feet, for James Miller, 5860
Hillendale Road." Motion passed 5/0.
7. GENERAL
A. Request by Senior Community Services for 2002 Funding
Administrator Dawson explained Senior Community Services, which provided services for area seniors at
the Southshore Senior Community Center, relied on government funding in the form of Community
Development Block Grants (CDBG) from Hennepin County. The County indicated it would be reducing
CDBG funding for the Year 2002. Thus, Senior Community Services was requesting $6,000 be provided
by the City for that year. .
Mr. Ron Bloch, Program Administrator for Senior Community Services, was in attendance and addressed
Council, noting over the past few years the funding amounts had been decreasing from Hennepin County.
He stated there was nowhere left to turn for funding, except to the cities, to help provide funding for
continued services for seniors in the area.
Ms. Joyce Flury, Director of the Southshore Senior Community Center, introduced Ms. Anna Eagen and
Ms. Dorothy Hoffman as spokespersons for the value the Center provided to members of the senior
community in the area.
Ms. Anna Eagen, a Shorewood resident, explained she was quite grateful for the services provided by the
Southshore Center as she was not able to drive and the Center provided her with a lifeline in terms of
dining, interaction with other seniors, and transportation. She stated she hoped the Council would
consider this request for funding carefully.
Ms. Dorothy Hoffman, a resident of Chanhassan, stated she was a fourteen-year volunteer at the Center,
and was involved with programming at the Center as well. She explained the Center offered many
services to seniors in the area with the most important being the opportunity to have congregate dining as
well as affordable van travel, numerous craft programs, participation in community festivals,
intergenerational activities, and constant fundraising. She noted these programs, and the building, were
busy and well attended by seniors in the community.
Ms. Flury commented there would be no change in the dedication to fundraising efforts as a result of this
request. She also explained many friendships had been formed as an additional benefit for the services
provided at the Center. In addition, after distributing a data fact sheet to Council, she commented it was
amazing number of programs, contacts, and volunteer hours, many of which were not seen, that made the
Center such a success.
Mr. Bloch, in response to Councilmember Zerby's question, stated this same request was being planned
from other Councils that supported the Southshore Center. Ms. Flury also explained the money would be
used for staffing and programming at the Center. Administrator Dawson explained this was the first time
the Center had asked for requests, such as this one, and he anticipated it would most likely be recurrent
each year.
CITY COUNCIL REGULAR MEETING MINUTES
September 10,2001
Page 6 of 9
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Council member Lizee stated she saw the requested funding as an investment in the community and she
hoped the services would be available in the future for all who needed them. She stated the efforts
expended at the Center were very exciting.
Lizee moved, Zerby seconded, approving the Senior Community Services 2002 Budget request in
the amount of $6,000.
Mayor Love commented he thought the Southshore Senior Community Center was a tremendous asset
serving Shorewood and the broader community. While Shorewood had occasionally shouldered an extra
financial responsibility in the past regarding the Center, he encouraged Mr. Bloch to ask for, and expect,
support from other communities being served as well as the value per dollar was very high.
Motion passed 5/0,
Ms. Flury thanked the Council for its continued support.
B. Approval of the Proposed 2002 Budget
Finance Director Burton had submitted the 2002 Proposed Operating Budget to Council for review. She
noted the 2002 Proposed Budget contemplated an increase in the City's tax levy, as permitted by the
newly legislated levy limits. The proposed levy was approximately $2.7 million, which was an increase
of about 5.4%, after correcting for the lost state aids the City must now levy for. The City's estimated
market value, or tax base was up approximately 6% from last year. She noted overall property tax bills
should decrease for most properties, because of other changes in the property tax system.
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The 2002 Operating Budget contemplated maintaining a General Fund balance of about $1.7 million
necessary because cities receive most of their revenue in June and December and must operate for six
months at a time without major revenue flows. Revenues were expected to remain fairly stable and city
fees would consider increases, especially in park user fees, to assure parity.
The 2002 Proposed General Fund Budget was $3,270,162, which demonstrated an expenditure increase of
approximately 4.5% from the Year 2001. Some major features, which contributed to expenditures
included increases in public safety requests, the Community Visioning Process, Elections, recodification
of the City Zoning Code book, computer equipment upgrades, Senior Community Services, and
Professional Services increases. Director Burton also explained the budget allocated resources necessary
to continue to provide quality services to the residents of Shorewood.
Council complimented Finance Director Burton on her fine presentation and job well done in preparing
the budget for the City.
Zerby moved, Turgeon seconded, approving RESOLUTION NO. 01-058, "A Resolution Setting the
2002 Proposed General Fund Budget and Approving the Proposed 2001 Property Tax Levy,
Collectible in 2002. Motion passed 5/0.
C. Report Regarding MCES Board Representative
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Administrator Dawson presented information Council had requested regarding the City's representation
on the Minnetonka Community Education Services (MCES) Advisory Board. He noted MCES was a
$4.9 million operation, with nearly all funding coming from fees for service. In addition, MCES was
organized into four divisions, including youth programs, adult programs, community involvement and
volunteers, and family education. Further, he noted, the MCE relied on the City's representative to the
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CITY COUNCIL REGULAR MEETING MINUTES
September 10,2001
Page 7 of9
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Advisory Board to communicate the activities of the MCES to the City Council. The City's CUlTent
representative had one of the highest attendance records for MCES meetings
Council member Turgeon expressed concern for the lack of feedback and communication being delivered
to the City by MCES and its Advisory Board representative. Council member Zerby stated he was not
sure the Council had ever asked for this information until the recent past, and he was not sure
expectations had been clearly stated by any party involved in the communication process between these
two groups. Mayor Love commented it was the City policy to interview representatives for such
positions, and it was the responsibility of Council in the future to make expectations regarding
communication known. With Council's consent, he directed staff to schedule interviews for this position.
D. Peterson Property, 6075 Chaska Road
Administrator Dawson provided background on this matter, noting there were options available to
Council for purchase of this property. He noted consideration should be given to options presented that
would accommodate the mutual needs of both parties involved.
Lizee moved, Zerby seconded, approving Option 1 presented to Council regarding purchase of the
Peterson Property at 6075 Chaska Road, upon satisfaction of the City Attorney. Motion passed 5/0.
E. Authorize Expenditure of Funds for Bleachers at Badger Park (This item moved
from the 3F on the Consent Agenda.)
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Engineer Brown explained Minnesota statute mandated all cities and public facilities bring bleachers into
compliance by January 1, 2002, to prevent injury or death from falls. Of immediate concern were the
high wooden bleachers for the Badger Park football field. These bleachers were removed to the City's
public works facility for study to determine the best action to bring these bleachers into compliance. Due
to the strict requirements of the state, it was determined the bleachers should be replaced with four
aluminum bleachers that were less than 55 inches in height. Engineer Brown had then made a
recommendation regarding purchase of these bleachers.
Council member Turgeon stated she had requested this item be removed from the Consent Agenda
because the Park Commission was in process of developing a master plan for the parks in the city. She
thought this matter should be returned to the Park Commission for further consideration, as other options
for the park may be part of the plan of the Park Commission.
Chair Arnst, of the Park Commission, responded to Council member Turgeon's question, that the changes
were part of the Capital Improvement Plan for Badger Park in the past two years, and it would be good to
have the Park Commission give this matter additional consideration.
8. ENGINEERINGIPUBLIC WORKS
A. Authorize Expenditure of Funds from the Water Fund for SE Area Water System
Engineer Brown reported this matter was not a planned budget expenditure for the City this year,
however, the early signs of pump control failure were beginning to be exhibited in the Southeast area
water system. As a result, he was requesting Council approve the proposal received from Davies Water
Equipment for the furnishing and delivery of a pump control valve.
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Turgeon moved, Zerby seconded, approving the proposal from Davies Water Equipment for the
furnishing and delivery of one pump control valve, and authorizing staff was to seek quotes for
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CITY COUNCIL REGULAR MEETING MINUTES
September 10,2001
Page 8 of 9
installation of the valve and process the approval of quotes for selection administratively. Motion
passed 5/0.
9. REPORTS
A. Administrator & Staff
1. Gideon Glen
Administrator Dawson explained the preliminary concept plan was being presented to the Minnehaha
Creek Watershed District this week for approval.
2. County Road 19 Intersection
Engineer Brown explained Hennepin County was expected to formally sign-off on the proposed design
prepared by WSB and Associates, and preliminary design approval would be scheduled at a Council
meeting in early October of this year. Further, he stated should the plans be signed by year-end,
construction would begin in 2002.
3. T.H. 7/41 Project
Engineer Brown stated this project was progressing well. He noted two serious traffic accidents had
occurred over the past few weeks; however, the traffic control measures taken for construction were not
believed to be part of the cause for the accidents. In spite of this control, additional precautions were
being taken in tightening the restriction to a single lane further east of the current location.
4. Lake Linden Drive Open House
Engineer Brown reported there would be an Open House for residents at City Hall on September 18,
2001, from 5:00-7:00 P.M. regarding Lake Linden Drive. The Planning Commission, City Council, and
City staff would be gathering input from city residents of the area regarding problems and solutions for
that area. All concerned city residents were encouraged to attend this meeting.
B. Mayor & City Council
1. Community Vision Project Presentations
Mayor Love confirmed the schedule shared with Council regarding future presentations to other South
Lake Minnetonka communities about the Community Visioning Project being spearheaded by the City of
Shorewood. He noted he saw a distinct need for all of these cities to begin thinking as one community,
with sovereignty respected, and common goals established. He noted many citizens seemed to express
similar sentiments so he hoped other communities would enthusiastically take part in the process with the
City.
10. RECESS TO EXECUTIVE SESSION
Mayor Love noted a ten-minute recess would be taken prior to convening the Executive Session Meeting,
to discuss personnel matters, scheduled for this evening
Turgeon moved, Lizee seconded, taking a ten-minute break and recessing to Executive Session to
discuss personnel matters at 8:50 P.M. Motion passed 5/0.
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CITY COUNCIL REGULAR MEETING MINUTES
September 10, 2001
Page 9 of9
. Mayor Love convened the Executive Session Meeting at 9:07 P.M.
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Mayor Love, all Councilmembers, and Administrator Dawson were in attendance.
Council discussed personnel matters regarding the position of the City Administrator.
Zerby moved, Turgeon seconded, adjourning the Executive Session and returning to the Regular
Session of the City Council Meeting at 9:56 P.M. Motion passed 5/0.
11. ADJOURN
Garfunkel moved, Lizee seconded, adjourning the Regular City Council Meeting of September 10,
2001, at 9:57 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, Mayor