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011303 CC Reg Min .. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 13, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Acting Mayor Garfunke1 called the meeting to order at 7: 14 P.M. City Administrator Dawson administered the Oath of Office to newly re-e1ected Mayor Woody Love and Council Members Christine Lizee and Scott Zerby. A. Roll Call Present: Mayor Love; Counci1members Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: None B. Review Agenda Garfunkel moved, Lizee seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes of December 16, 2002 Turgeon moved, Zerby seconded, Approving the City Council Regular Meeting Minutes of December 16, 2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkelmoved, Zerby seconded, Approving the Motions Contained on the Consent Agendaayd Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 03-001. "A Resolution Setting the 2003 City Council Regular Meeting Dates." C. Establishing the Date, Time and Place for the Local Board of Review as Monday, April 21, 2003, at 7:00 P.M. at City Hall. D. Adopting RESOLUTION NO. 03-002, "A Resolution Approving Year 2003 Tree Trimmer Licenses E. Appointment of full-time Planning Assistant '" REGULAR CITY COUNCIL MEETING MINUTES JANUARY 13, 2003 Page 2 of5 . F. Adopting RESOLUTION NO. 03-003. "A Resolution Granting Approval of Lot Area Variance for Craig Buechler, 5655 Eureka Road." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PARKS Engineer Brown reported the Park Commission will hold a Public Information Meeting regarding the Smithtown Road Improvement Project and Potential Trail on Tuesday, January 14, 2003, at City Hall from 5:00-7:30 P.M. The Park Commission had not held a meeting since the most recent Regular City Council Meeting, thus, there was nothing new to report. 6. PLANNING . Commissioner Gagne reported on matters considered and actions taken at the January 7, 2003, Planning Commission Meeting (as detailed in the minutes of that meeting). He also reported the Commission had recommended the City revisit the idea of acquiring the strip of land adjacent to Highway 7, currently owned by Minnesota Department of Transportation, for conservation open space, and recommended unanimously against the City participating in discussions regarding a previously discussed "land swap" between MnDOT, the City, and St. John the Baptist Church and Cemetery as recommended by the neighbors at the most recent Council Meeting. A. C.U.P. and Zoning Text Amendment Applicant: St. John the Baptist Church Cemetery of the Resurrection Location: 5555 Covington Road Director Nielsen explained Council had continued this matter at the December 16, 2002, Regular City Council Meeting as the applicant had indicated an interest in meeting with the surrounding neighbors to further discuss issues of concern. Director Nielsen noted a letter from Bill Sanders, of Sanders, Wacker, Bergly, Inc., representing the applicant, had been received. This letter detailed discussion of the neighborhood meeting between the Church and neighbors regarding the proposed changes to the Cemetery. With regard to the entrance.drive, the Church agreed to leave the entrance at its current location. Regarding setback in the southeast comer of the Cemetery, the Church agreed to a setback of 43' and to a policy of no upright monuments within a setback of 50'. The Church also supported the idea of a land exchange to be pursued by the City and the Church that would allow a portion of the right-of- way north of the Cemetery to be used for Cemetery purposes in exchange for the land at the south end of the Cemetery, which would then be given to the City for open space or park use. Director Nielsen also noted a letter had been received from the attorney representing the Mayerons of 5580 Old Market Road, indicating support for the proposed setback and policies. . In response to Councilmember Turgeon's question, Mr. Sanders explained there would be no graves placed in the 43' adjacent to the two single-family homes along Old Market Road, and outside ofthat area there would be no upright monuments. He stated he would be available for any further comments Council may ask of him. Lizee moved, Garfunkel seconded, Directing Staff to Prepare a Zoning Text Amendment for St. John the Baptist Church, representing the Ce~etery of the Resurrection, 5555 Covington Road. .. . . . REGULAR CITY COUNCIL MEETING MINUTES JANUARY 13, 2003 Page 3 of 5 Mayor Love commented this request represented the spirit of compromise, and asked the audience if there was anyone wishing to speak against the motion. No one wished to speak against the motion. Motion passed 5/0. Zerby moved, Turgeon seconded, Directing Staff to Prepare Findings of Fact approving the Revised Plan and Conditional Use Permit for St. John the Baptist Church, representing the Cemetery of the Resurrection, 5555 Covington Road. Mayor Love thanked the Church and the neighborhood for resolving the issues of concern, and congratulated them all on working with a cooperative spirit to bring resolution to this matter. Motion passed 5/0. 7. GENERAL A. Making Appointments to Certain Offices and Positions within the City of Shorewood for the Year 2003 Administrator Dawson reviewed the proposed listing of offices and positions. Council requested Councilmember Turgeon be Park Commission Liaison January through June 2003, and Councilmember Garfunkel be Park Commission Liaison July through December, 2003. Councilmember Lizee would be Planning Commission Liaison January through June, 2003, and Councilmember Zerby would be Planning Commission Liaison July through December, 2003. Council chose not make appointments for the Lake Minnetonka Conservation District, Lake Minnetonka Cable Commission, and Minnetonka Community Education Services at this time. Councilmember Turgeon also requested appointment to the Friends of the Southshore Community Senior Center at some point in the future. Councilmember Lizee stated she would willingly share the appointment with Councilmember Turgeon this year. Lizee moved, Turgeon seconded, Approving RESOLUTION NO. 03-004, "A Resolution Making Appointments to the Certain Offices and Positions Within the City of Shorewood for the Year 2003." Motion passed 5/0. B. Selection of Exterior Colors for the west-side Public Safety Facility Administrator Dawson explained two color schemes had been proposed for the West Side Public Safety Facility at 24140 Smithtown Road. The governing boards of the Excelsior Fire District and the South Lake Minnetonka Police Department Coordinating Committee believed it was most appropriate for the city hosting the Public Safety Facility to make the decision about which colors would best fit into the surrounding neighborhoods. Administrator Dawson went on to explain the architect for the project had proposed two color schemes for the building. The first scheme was a "civic" theme consisting of redbrick walls with a light-color roof (light gray if a metal roof, and a medium-to-dark gray roof if an asphalt shingle). The second scheme was an "organic" theme consisting of light-color brick wall (off- white/cream/tan) with a dark hunter green roof. Councilmembers indicated preference for the civic theme, as this color scheme lent itself to the purpose of the building, was timeless in quality, and provided a more classic look for the structure. .. . . . REGULAR CITY COUNCIL MEETING MINUTES JANUARY 13, 2003 Page 4 of 5 Councilmember Zerby stated his disappointment that an asphalt shingle roof was being proposed in an attempt to bring balance to the budget. He stated cost savings was not occurring, but was only being deferred as an operational cost in the future versus a construction cost currently. Mayor Love noted maintenance costs in the long term would increase as a result of this decision, and it was the hope of the governing boards that a metal roof could be installed through the bidding alternative process. Turgeon moved, Zerby seconded, Approving the Civic color scheme for the West Side Public Safety Facility Building located at 24140 Smithtown Road. Motion passed 5/0. C. Manor RoadNine Street Request to Consider Grant of Easement/Conveyance of Public Land Property Owner: Randall and Lauree Cermak Location: 20170 Vine Street Director Nielsen explained the applicants owned the property at 20150 Vine Street, and the City owned the corner lot immediately west of their land. As explained, the Cermaks were requesting the City convey an easement to them over the easterly 15 feet of the City's property or consider selling them the entire parcel. He also noted the City's property was not buildable in the R-lA district, as it did not comply with the 70% area requirement for substandard lots of record. The Cermak property and the property to the north did not comply with these district requirements as well. Vine Street was noted to be substandard in width, and the Vine Street/Manor Road intersection was not 90 degrees. Director Nielsen suggested the City may consider realigning the intersection at some point in the future. Director Nielsen also explained the City must follow state statutes with respect to the disposition of this land, including a public hearing where discussion of value should take place. A real estate appraiser had been contacted and had suggested the work could be completed by February 10,2003, thereby allowing a Public Hearing on the matter to be scheduled near that date. Director Nielsen stated Staff would prepare a report addressing any potential city use for the land, its value as conservation open space, and options for conveying the land. One such option to be considered would include trading the 15 feet requested by the Cermaks for approximately 17 feet of right-of-way across the front of their lot. This would bring 307 feet of Vine Street into compliance with City standards. Mr. Cermak stated there was a possibility the potential buyer could be interested in purchasing the entire lot from the City as well. Director Nielsen commented the lot owned by the City did not meet the goals of conservation open space and monies gained from the sale of that land could be better spent in acquiring additional land elsewhere in the City for that purpose. Turgeon moved, Zerby seconded, Requesting Staff to Order an Opinion of Value, and Directing Staff to Prepare a Public Hearing Date of February 10, 2003, for this matter. Motion passed 5/0. 8. ENGINEERING/PUBLIC WORKS There was nothing further to report on at this time. 9. REPORTS A. Administrator & Staff 1. County Road 19 Intersection .... . . . .. REGULAR CITY COUNCIL MEETING MINUTES JANUARY 13, 2003 Page 5 of5 Administrator Dawson stated there had been no substantial progress made in moving this project forward; however, the ownership of the Smithtown Crossing Shopping Center had changed in the past month, which provided new parties to work with Hennepin County on this matter. Councilmember Turgeon expressed frustration and concern that no progress was being made. She suggested all parties be brought together to work with a mediator to bring resolution in a timely fashion. She questioned Attorney Keane about possible opportunities for moving the project forward. Attorney Keane explained representatives of Hennepin County were hesitant to move a project forward without local support as part of its policy. He suggested the City strongly appeal to the Hennepin County Board of Commissioners to consider an exception in this case in lieu of support of current policy. He further explained eminent domain proceedings could be initiated by the County; however, he believed some attempt at a forum to discuss the matter would be warranted prior to those actions. Councilmember Turgeon expressed concern for the tripled cost to the project as a result of various delays, and was very concerned for safety issues when the Public Safety Facility opened. Mayor Love also expressed concern that there would be no ability to trip signal lights for the safety of people in the area when the Public Safety Facility opened. Councilmember Zerby stated he was concerned for the safety of the public as well as the public safety personnel. 2. Public Safety Facilities Administrator Dawson noted the good weather allowed for the project to move forward ahead of schedule. The award of construction bids for the remaining work will take place in March, 2003. B. Mayor & City Council Mayor Love stated there would be a meeting of the Excelsior Fire District Board on January 21, 2003. 10. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of January 13, 2003, at 8:04 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor