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012802 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 28, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love convened the meeting at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane (arrived 7:02 P.M.); Engineer Brown; and Planning Director Nielsen Absent: Finance Director Burton B. Review Agenda Mayor Love reviewed the Agenda. Administrator Dawson requested Item 8C, An Amendment to the Police Building Lease Agreement, be added to this evening's Agenda. He also requested that Council hold an Executive Session this evening regarding ongoing litigation. Garfunkel moved, Zerby seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes, January 14, 2002 Zerby moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of January 14, 2002, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 14, 2002 Lizee moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of January 14,2002, as amended, on Page 5, Paragraph 2, Sentence 2, change "Motion passed 5/0" to "Motion passed 3/2, with Lizee and Zerby dissenting." Motion passed 5/0. 3. CONSENT AGENDA Lizee moved, Garfunkel seconded, Approving the Items Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Approval of Request to Allow the Wells Fargo Half-Marathon to Traverse the City on Sunday, May 5, 2002 . . . REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 2 of7 c. Adopting RESOLUTION NO. 02-008, "A Resolution Authorizing the Mayor and City Administrator to Extend the Electronic Parcel Database (EPDB ) Conditional Use License Agreement with Hennepin County." D. Adopting RESOLUTION NO. 02-009 "A Resolution Approving Tree Trimmers Licenses for Year 2002." E. Adopting RESOLUTION NO. 02-010, "A Resolution Authorizing the City to Apply for 2002 Recycling Grant and Execution of Contract." F. Authorization to Acquire Blower Unit in Exchange for Disposal of Groundsmaster Unit G. Adopting RESOLUTION NO. 02-011, "A Resolution Approving a Request for Parking by Permit Only Zone on Merry Lane." H. Adopting RESOLUTION NO. 02-012, " A Resolution Making Planning Commission Appointments and RESOLUTION NO. 02-013, "A Resolution Making Park Commission Appointments." 1. Approval of an Agreement for Prosecution Services for the Years 2002-2003 and Approving a Letter of Agreement Regarding Forfeitures Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented by the audience this evening. 5. PARKS Commissioner Meyer reported the Park Commission had not had a meeting since the most recent Regular City Council Meeting; thus, there was nothing to report at this time. 6. PLANNING Commissioner Woodruff reported on matters considered and actions taken at the January 15, 2002, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Hard Cover Limitations for Properties Outside the Shoreland District Director Nielsen explained this matter had been continued from the December 10, 2001, City Council Meeting due to concerns raised at that meeting regarding the impact the proposed regulations would have on existing development. Director Nielsen noted the proposed regulations would require most residential properties not in the Shoreland zoning district to have a maximum ratio of impervious surface-to-Iot-area of 33%. Most commercial developments would be allowed ratios from 66% to 75%, based on satisfying certain criteria described in detail in the proposed regulations. He also noted Staff had been directed to research selected sites for purposes of comparison with the proposed standard. He then presented examples demonstrating how the established requirements limiting the amount of hardcover for properties not affected by Shoreland management regulations would impact various existing properties. . . . REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 3 of7 Mayor Love thanked Director Nielsen, Staff, and the Planning Commission for efforts made in considering this matter. He commented there was no greater environmental issue affecting so many non- lakeshore properties in the area, as stormwater runoff from all properties drained to the lakes in the area. Garfunkel moved, Lizee seconded, Approving the Draft Ordinance Amending the Zoning Code regarding Hard Cover Limitations for Properties Outside the Shoreland District. Motion passed 5/0. B. Approval of a Comprehensive Plan Amendment Addressing a New Public Safety Facility Director Nielsen reviewed information pertaining to this matter, noting the Excelsior Fire District had purchased property at 24140 Smithtown Road for use as a Public Safety Facility housing fire and possible police departments for the South Lake Minnetonka community. He noted the property contained approximately 6.75 acres and was located in a Single and Two-Family Residential zoning district. Further, he explained, the Land Use section of the Comprehensive Plan would require amendment changing the land use designation for the site to "Public" from "Low to Medium ResidentiaL" In addition he noted there were changes required to the Comprehensive Plan in the Community Facilities/Services chapter regarding the need for updating both police and fire facilities. As part of these changes, reference would be made to protecting the residential neighborhood to the east and orienting the majority of the activity to the Public Works maintenance drive and away from Shorewood Lane. Councilmember Zerby questioned whether this property would be held to the same requirements of screening and landscaping as other properties being developed within the City. Director Nielsen responded affirmatively. Mayor Love stated public facilities were always held to high standards regarding those issues and the neighbors to the east were absolutely being considered as part of the development of the project for that site. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 02-014, "A Resolution Amending the Shorewood Comprehensive Plan Regarding the Location of a New Public Safety Facility." Motion passed 5/0. C. Approval of a Conditional Use Permit for Accessory Space in Excess of 1200 Square Feet Director Nielsen reviewed the historical information pertaining to this matter, noting the applicants lived at 5790 Christmas Lake Point and had purchased the home next door at 5795 Christmas Lake Point. The applicants proposed to demolish the existing house at 5795, combine the two lots, and add on to their existing house and garage. Since the total amount of garage space on the site would exceed 1200 square feet of floor area, a Conditional Use Permit was being requested. He noted the property was zoned Single-Family Residential/Shoreland and contained a total of 113,303 square feet of area (2.6 acres) between the two lots. The applicants proposed adding 2415 feet to the main level of the home, with approximately the same floor area on the lower level. The total main floor area would be 4875 square feet. The new garage space would contain 938 square feet, bringing the total area of accessory space to 1638 square feet. Director Nielsen reviewed the criteria relating to this request, noting the amount of hardcover on the site would be reduced as a result of this project. In addition, he noted the applicants' architect had been very REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 4 of 7 . careful to comply with the 20-foot bluff setback. The grade on the east side of the house would be restored after the old house would be demolished. Nonconforming structures near the shoreline on the east side of the lot would also removed as a condition of the building permit. Architectural compatibility was not considered to be an issue. For these reasons, he recommended approval as presented. He also noted Mr. Jody Keppers, architect for the Hagens, was in attendance this evening, and would be available to answer any questions from Council. Zerby moved, Turgeon seconded Adopting RESOLUTION NO. 02-015, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space for Russell and Luaina Hagen, 5790 Christmas Lake Point." Motion passed 5/0. D. Consideration of an Appeal to a Zoning Violation Letter Director Nielsen explained a complaint had been received alleging the property owner at 25340 Smithtown Road had erected a sign advertising a home business. Finding the allegation to be accurate, City Staff sent a zoning violation letter that directed removal of the sign. The owner of the property appealed the letter, objecting to the City's complaint driven enforcement policy, and requested the signage be allowed to remain. Director Nielsen sited two other instances where removal of similar signage had been required. He also noted if signage was found to be located within the City right-of-way it would be removed. He questioned whether the City's policy regarding complaint driven enforcement in matters such as this one should be changed to another more aggressive approach. After a brief discussion, Council indicated consensus for the current policy of complaint driven enforcement in these matters to remain in place. . Councilmember Zerby commented he frequently observed the signage on this site in his daily travels, and noted it had become more permanent over time. Garfunkel moved, Turgeon seconded, denying the Appeal to a Zoning Violation Letter. Motion passed 5/0. 7. PUBLIC HEARING - ESTABLISHMENT OF REDEVELOPMENT PROJECT NO.1 AND REDEVELOPMENT PLAN Administrator Dawson explained the Excelsior Fire District (EFD) had identified the property at 24140 Smithtown Road as the best geographic location for the west station in a two-station system to serve its five cities. Since the acquisition of the property for this purpose, the councils of the four member cities of the South Lake Minnetonka Police Department (SLMPD) had made commitments also to build a new police station on the property. The redevelopment project would be known as the South Lake MinnetonkaPublic Safety Facility, in which the police and fire departments would be jointly housed. He noted, with shared facilities and a common site, it was estimated that approximately $1 million would be saved compared to constructing facilities on separate sites. He then reviewed the involvement of the Shorewood Economic Development Authority (ED A), and explained eligibility requirements for an EDA project such as this one. He also noted State statutes required the Council to receive comments from the Planning Commission, EDA, and the public, as it considered whether to approve the Redevelopment project. He explained consideration should be given to how the proposed Redevelopment project would or would not conform to the "general plan (Shorewood's Comprehensive Plan) for the development ofthe City as a whole." He also stated the Shorewood EDA had reviewed and given approval for this project in a previous meeting held earlier this evening. The site plan for this project would be available at a later date. . J{EGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page5of7 . Mayor Love opened the Public Hearing at 7:38 P.M. Seeing no one present wishing to comment on this matter, he closed the Public Hearing at 7:39 P.M. There was no further discussion of this matter by the Council. Turgeon moved, Zerby seconded, Adopting RESOLUTION NO. 02-016, "A Resolution Approving the Establishment of the Redevelopment Plan for Redevelopment Project No. 1." Motion passed 5/0. 8. GENERAL A. Amendment to SLMPD Joint Powers Agreement Administrator Dawson explained in the last two months of 2001, the councils of the four member cities of the South Lake Minnetonka Police Department (SLMPD) had adopted resolutions committing themselves to building and funding a new police station adjoining the new main/west station of the Excelsior Fire District. He noted there had been a great deal of time and effort in the past six weeks to reconcile provisions of the resolutions and transform them into an amendment to the Joint Powers Agreement for the SLMPD. He then reviewed funding and leasing arrangements with regard to this project as part of the Third Amendment to the Joint Powers Agreement. Mayor Love commented this amendment seemed to work in the best interest of all member cities to continue to move the project forward. . Lizee moved, Garfunkel seconded, Approving and Authorizing the Mayor and City Administrator to execute the Third Amendment to the 1998 Joint Powers Agreement for the South Lake Minnetonka Police Department. Councilmember Zerby commented this amendment would move financing of the construction of the building to an ad valorem basis. Attorney Keane stated in the past weeks he had received comments regarding Shorewood's intent regarding the financing and various issues of control for the project. He stated the City of Shorewood and the Shorewood EDA had come forward as a funding vehicle, with the pledge of lease revenues from the respective joint-powers entities, to allow the project to move forward. He likened the formation of the EDA to a conduit for financing with no control over the project. He explained the participating cities would retain control of approval of decisions needed with the project. The Shorewood EDA was not a controlling mechanism, but a conduit for bringing the project into fruition. Mayor Love questioned whether there were any advantages to Shorewood having an EDA in this project. Attorney Keane replied there were none, and all participating cities were subject to the extent of the Joint Powers Agreement. Administrator Dawson commented lease revenue financing had been considered; however, a city or joint powers organization could not issue this type of financing to itself, and thus the formation of the EDA was essential. Attorney Keane also commented a valuable service was being provided to area residents as a result of the formation of the EDA and its actions as a financing conduit. . Councilmember Zerby noted the funding of a $7 million dollar project was quite significant and questioned how the ad valorem method of funding compared with the previous model of funding. Administrator Dawson explained that with the current funding mechanism Shorewood's responsibility to the SLMPD was 46% of the funding. With the ad valorem method, Shorewood was responsible for . . REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 6 of7 providing 58% of the funding for the building project. He also noted the EDA was a separate unit of government from the City; consequently, financing would be paid outside of levy limits, and thus not jeopardize city services. Councilmember Zerby stated he had always believed ad valorem funding was a fair way of paying, however; the change in the funding obligation was substantial, and he hoped people would recognize and appreciate the valuable service Shorewood was providing in this project. Motion passed 5/0. B. Memorandum of Understanding to SLMPD Joint Powers Agreement Administrator Dawson explained the City of Excelsior had additional concerns placed in its resolution of commitment to the Public Safety Facility to be built at 24140 Smithtown Road. As a result, the SLMPD Coordinating Committee, comprised of the mayors of the four member cities, agreed to memorialize these concerns in a non-binding Memorandum of Understanding and state them as intentions for future actions by the member cities. He then specifically reviewed the two issues of concern. Councilmember Zerby commented he believed that, should funding allocations become on an ad valorem basis, proportional representation on the governing board for this project should be considered as well. Lizee moved, Turgeon seconded, Approving and Authorizing the Mayor and City Administrator to execute the Memorandum of Understanding regarding the Amendment. Motion passed 5/0. C. An Amendment to the Police Building Lease Agreement Attorney Keane explained the City of Excelsior had concerns regarding the lease agreement for the current SLMPD building. A proposed amendment had been drafted for that lease agreement. Attorney Keane noted the proposed amendment would not shift the burden of financing issues. Garfunkel moved, Turgeon seconded, Approving the Amended Lease Agreement for the current SLMPD building. Mayor Love stated cooperation between many cities could be a difficult process ripe for misunderstandings. He hoped the member cities working together in the Public Safety Facility project could continue to view the benefits to the entire South Lake Minnetonka community. Motion passed 5/0. 9. ENGINEERING/PUBLIC WORKS Engineer Brown stated there was nothing further to report on at this time. 10. REPORTS A. Administrator & Staff 1. Gideon Glen . Administrator Dawson stated there had been no new developments in this project at this time. . . . REGULAR CITY COUNCIL MEETING MINUTES JANUARY 28, 2002 Page 7 of7 2. County Road 19 Intersection Administrator Dawson noted this matter would be fully discussed at a Work Session meeting scheduled to be held later this evening. B. Mayor and City Council Attorney Keane stated a notice of violation had been sent to an establishment within the City regarding the sale of alcohol to a minor. He noted this matter was working its way through the process of Statutes, and Council may need to hold an administrative proceeding regarding fine or revocation in the matter within a few months. Mayor Love recessed the meeting to Executive Session to discuss ongoing litigation at 8: lOP .M. C. Executive Session Mayor Love convened the Executive Session Meeting at 8:25 P.M. Mayor Love, all Councilmembers, Administrator Dawson, Attorney Keane, Engineer Brown and Planning Director Nielsen were in attendance. Council held a discussion with the City Attorney regarding ongoing litigation. Turgeon moved, Lizee seconded, to close the Executive Session and return to the Regular Session of the City Council Meeting at 8:58 P.M. Motion passed 5/0. Mayor Love reconvened the Regular City Council Meeting at 8:58 P.M. 11. ADJOURN Turgeon moved, Garfunkel seconded, adjourning the Regular City Council Meeting of January 28, 2002, at 8:58 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary a Woody Love, Mayor