012802 CC Reg Min
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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
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REGULAR CITY COUNCIL MEETING MINUTES
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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.
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REGULAR CITY COUNCIL MEETING MINUTES
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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
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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.
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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.
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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.
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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.
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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
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REGULAR CITY COUNCIL MEETING MINUTES
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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.
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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