082800 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL REGULAR MEETING
MONDA Y, AlfGUST 28, 2000
5735 COUNTRY CLUB ROAD
SOUTHSHORE CENTER
7:00 P.M.
MlNlfTES
1. CONVENE CITY COUNCIL MEETING
Councilll1ell1ber Stover, acting as Mayor for this evening, called the meeting to order at 7:00 P.M.
A.
Roll Call
Present:
Acting Mayor Stover; Councilmell1ber Garfunkel and; Lizee; Attorney Keane;
Finance Director BUlton; and Planning Director Nielsen
Absent:
Mayor Love; COUllcilmember Zerby; and Engineer Brown
B.
Review Agenda
Acting Mayor Stover reviewed the agenda. Director Nielsen asked that Item 6A be removed from
this agenda as it required a tour-fifths vote for approval. He also requested Item 7C, "A Motion
Agreeing to Share Cost of Appraisal for Tonka Bay Liquor Store," be added to the Agenda. Attorney
Keane reminded Council there would be an Executive Session inllnediately following this meeting to
discuss litigation regarding Gideon Woods.
. Garfunl{eI moved, Lizee seconded, approving the Agenda as amended. Motion passed 3/0.
2. APPROV AL OF MlNlfTES
A. City Council Regular Meeting Minutes, August 14, 2000
Garfunkel moved, Lizee seconded, approving the City Council Regular Meeting Minutes
for August 14, 2000, as presented. Motion passed 3/0.
B. City Council Work Session Meeting Minutes, August 14,2000
Lizee moved, Garfunkel seconded, approving the City Council Work Session Meeting
Minutes tor August 14, 2000, as presented. Motion passed 3/0.
3. CONSENT AGENDA
Lizee moved, Garfunkel seconded, Approving the Motions Contained in the Consent
Agenda and Adopting the Resolutions Therein:
A. , A Motion Adopting RESOLUTION NO. 00-082, "A Resolution Committing
the City of Shorewood as a participant in the "Building Quality
Communities" campaign."
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B. A Motion Authorizing the Mayor and Administrator to Enter Into a Lease
Agreement with Metricom
C.
A Motion Adopting RESOLUTION NO. 00-083, "A Resolution Approving a
Simple Subdivision and Combination tor Herb Margolis, 28045 Boulder
Bridge Drive."
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REGULAR CITY COUNCIL MEETING MINUTES
August 2~, 2000
Page 2 of 6
D.
A Motion Approvin2 the 2001 South Lake Minnetonka Police Department
Budget
E A Motion Authorizin2 Execution of a Water Service A2reement tor a
Residential Connection to the Minnetonka Water System
Applicant: Marvin Fischer
Location: 5360 Vine Hill Road
F. A Motion Authorizin~ Execution of a Water Service A~reement for a
Residential Connection to the Tonka Bay Water System
Applicant: Tom and Nancy Henke
Location: 5435 Timbel' Lane
Motion passed 3/0.
4. MATTERS FROM THE FLOOR
Mmy Dahl, 5845 Country Club Road, requested use of the City Hall pm'king lot on September 2,
2000, for a wedding from approximately 2:00 P.M.-9:00 P.M. Council requested Staff review this
matter and confinn approval of this request with Mrs. Dahl later this week.
5. PARKS
A report on the August 22, 2000, Parks Meeting will be presented at the September 11, 2000,
Regular City Council Meeting as there was no one present able to provide this report.
6.
PLANNING
Commissioner Boehm reported on matters considered mId actions taken at the August 14, 2000,
Plm1l1ing COlmnission Meeting (as detailed in the lninutes of that meeting). The next scheduled
meeting of the Planning COlmnission is September 5,2000.
A. A Motion to Adopt a Resolution Approvin~ a Setback Variance tor Gre~
Swirtz
Applicant: Gre2 and Molly Swirtz
Location: 6090 Rid2e Road
Director Nielsen reminded Council this matter had been removed from the agenda as it required a
four-fifths vote for approval.
B. A Motion Directin2 Staff" to Prepare a Findin2s of Fact for a Setbacl{
Variance
Applicant: Len Twetan
Location: 26300 Smith town Road
Director Nielsen explained that Mr. Twetan' s home is primarily existing outside the buildable area
for this lot. As such, any additional work cannot be undertaken without some sort of request for a
vm'iance. Director Nielsen explained Mr. Twetan is requesting two areas be reviewed for additions.
One at the rem' of the house would include additional space onto ml existing sunroom, as well as the
fhll addition of a family room mId attached gm'age area. The Planning COlmnission tabled Mr.
Twetan's request for a front porch addition until right-or-way issues could be resolved. The Twetan' s
would like to move forward with the family room/gm"age addition while that matter is being resolved,
and thus, the purpose of this request.
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REGULAR CITY COllNCIL MEETING MINUTES
August 2~, 2000
Page 3 of 6
Fred Bmning, of Sawhorse Designs, addressed the Council on Mr. Twetan' s behalf as well. He noted
the sunroom addition would only require an additional 1.2 feet onto the existing area proposed on the
design, and the pennit request reflected the two feet Staff requested so that the finnily room/garage
addition would be within the buildable aI'ea for this lot.
Councilmember Lizee noted the home was built in 1883 and was clearly one of the oldest homes in
the aI'ea. As a result, she stated she could appreciate the problems that would arise as the home had
existed prior to the road, zoning codes, aIld setbacks. She noted architectural details being proposed
by the TwetaIls seemed to capture the spirit of the original design of the home. Also, she admired
the efforts of the applicaIlt in trying to improve on design aIld yet leave the original house intact as
it is a historical building on Smithtown Road.
Lizee moved, Garfunkel seconded, Directing Staff' to Prepare a Findings of Fact fal' a
Setback Variance for Len Twetan, 26300 Smithtown Road. Motion passed 3/0.
C. A Motion to Directing Stafl" to Prepare an Ordinance Rezoning Property
from R-2A to R-C
Applicant: Dave Mueller for Control House Investments
Location: 23075 State Highway 7
Director Nielsen provided background on this matter stating a fonner owner purchased the vacant
lot to the south of the otlice building as a resolution to a previous paI'king problem and legally
combined it with this office site. The fonner owner never obtained the R-C zoning before combining
the lots and the lot is now part of two zoning districts. Mr. Dave Mueller requested remedy of this
situation through this rezoning request.
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Mr. Dave Mueller, owner of Control House Investments, was ill attendance aIld thanked Director
Nielsen for his help in this matter.
Lizee moved, Gartunkel seconded, Directing Staff to Prepare an Ordinance Rezoning
Property from R-2A to R-C for Dave Mueller of Control House Investments, 23075 State
Highway 7. Motion passed 3/0.
D. A Motion Directing Staff to Prepare a Resolution Approving Concept and
Development Stage Plans for Manitou Woods
Applicant: Roger Anderson
Location: 5580 Manitou Lane
Director Nielsen explained that Mr. Roger Anderson had resurrected plans for a small twinhome
project originally begun in 1995. Mr. Anderson had made all requested corrections in those plans,
including the creation of a turnaI"ound space for emergency vehicles, the creation of four additional
parking spaces on site for guests of residents, addressed ponding issues, aIld provided for tree
replacement. In addition to those previous recommendations, Mr. Anderson had also addressed right-
of:'way issues with Hennepin County regaI'ding County Road 19, consolidated the driveway access to
one chive otl'the n01ih side of the property-which had been detennined to be the best location for
the drive as it removed it from County Road 19.
Mr. Roger Anderson was in attendance and questioned the use of an alternative material, other than
paving, for the turnaround space in an etl:ort to avoid bituminous products.
Director Nielsen responded this could be explored as part of the final stage plans as Mr. Anderson
would need to work with the Fire Marshal on this matter.
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Councilmember Lizee questioned whether Mr. Anderson had enough right-of:'way if the proposed
changes for the County Road 19 Intersection were approved. 1\.11". Anderson responded he had
REGULAR CITY COUNCIL MEETING MINUTES
August 28, 2000
Page 4 of 6
submitted a permit to Hennepin County and a recommendation of seven feet was given as part of the
. pennit process. However, he would confirm this prior to moving ahead with the project.
Gartunkel moved, Lizee seconded, Directing Staft" to Prepare a Resolution Approving
Concept and Development Stage Plans tor Manitou Woods tor Roger Anderson, 5580
Manitou Lane. Motion passed 3/0.
7. GENERAL
A. Discussion Regarding Water Patrol Staffing on Lake Minnetonka
Director Nielsen explained the Lake Minnetonka Conservation District(LMCD)at the request of
member cities, is pursuing the addition of two additional full time water patrol oflicers for Lake
Minnetonka. A suggestion for funding of these two officers would include splitting the funding
between Hennepin County, the Save the Lake Foundation, and the remainder to be split between the
fourteen member cities. With this suggestion, Shorewood's portion would be approximately $1,500-
$2,000 per year.
Director Nielsen repOl1ed Mayor Love strongly believed the LMCD should include this funding of
ofticers as part of its regular budget rather than relying on a "donation" style funding solution.
Mayor Love was aware, however, that this would not occur until the LMCD had the approval of
eleven of the fom1een cities.
Councilmember Garfunkel commented that while he did not oppose this in the shOl1-tenn, there
needed to be some sOli of long-term solution to this situation rather than the "donation" style. In
addition, he commented he would have liked to have seen some documentation of facts pel1aining to
this matter. Acting Mayor Stover agreed and commented she believed this situation had been building
for a long time and would like to see the City support this issue.
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Director Nielsen stated there would be more information about this matter returning to Council in
the future.
B. Presentation of the Annual Financial Report (CAFR) by Steve McDonald,
CPA
Mr. McDonald was not yet in attendance so this matter was not discussed at this time. A report on
this matter can be found after Item 9 A - 7 .
C. A Motion Agreeing to Share Cost of an Appraisal for Tonka Bay Liquor
Store
Councilmember Garfunkel reported the Liquor Committee had met with Tonka Bay representatives
and detennined a reasonable estimate should be provided for the Tonka Bay Liqour Store in the event
the proposed changes in the County Road 19 Intersection are approved. Tonka Bay would like to
share the cost of the appraisal. Shorewood's portion of this cost would be approximately one
thousand dollars.
Garfunkel moved, Lizee seconded, agreeing to share the cost, not to exceed one thousand
dollars, of an appraisal for Tonka Bay Liquor Store. Motion passed 3/0.
8. ENGINEERING/PUBLIC WORKS
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There was nothing to repOl1 at this time.
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August 2M, 2000
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9.
REPORTS
A. Administrator & Statl" Reports
1. Gideon Glen
Director Nielsen reported he and Mayor Love met with the Minnehaha Creek Watershed
District(MCWD) regarding this matter. The MCWD was receptive and would actively support plans
tor this area.
2. Skate Park
Director Nielsen also repOlted the youth involved in promoting the Skate Park had met with three
cities receiving unanimous approval from them.
3. Eddy Station
A grolL.'1d-breaking ceremony took place at Eddy Station on August **, 2000. Relatives of Oliginal
homesteader, Mr. Eddy, were pmt of the ceremony and provided a great deal of histOlY about the
site. Constuction was undelway, however, there would be a period where no work was taking place as
decorative block had been delayed. In spite of this, the final completion date had not been delayed.
4. Certificate of Appreciation trom the Metropolitan Council tor the
City of Shorewood's participation in the Livable Communities Act
Director Nielsen reported the City had received a celtitlcate of appreciation to be put on display at
City Hall along with another plaque the City received for being a "Tree City".
5. Freeman Park Watermain and Sanitary Sewer PI'oject Update
With regard to the north end of this project, near Smithtown Woods, the Olsen/Carlson plat may not
move tOlWard as planned, however, there is another party interested in obtaining part of the
property included in this plat, so this project may be able to proceed as plmmed.
6. Report on right-of-way permit for Dan Heiland
Director Nielsen explained, the City had required, as paIt of Mr. Heiland's simple subdivision on
Minnetonka Drive, a drainage ditch with all outlet to Lake WilliaIll which encountered a neighbor's
propelty. Because there was no response from this neighbor, stafr is recommending the right-of way
pennit be issued subject to a letter of credit guaranteeing restoration of the right-ot:'way including
both driveways.
7. Set Joint Meeting Date with Planning Commission -September 19
There will be a joint meeting of the Planning COlmnission and City Council on September 19, 2000,
at 7:00 P.M.
At this time, Mr. Steve McDonald, Celtitied Public Accountmlt of Abdo, Abdo, aIld Eick, aITived and
presented the City's Certified AlUlUal Financial Report.
Mr. McDonald explained the audit process to Council aIld noted the City had once again received the
CertifIcate of Achievement for Excellence in FinaIlcial Reporting awarded by the Government
Finance Officers Association. This award was made possible by the em:uts of tonner Finmlce
Director, Alan Rolek, aIId current FinaIICe Director, Bonnie Burtion. Congratulations were shared for
their haI.d work.
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REGULAR CITY COUNCIL MEETING MINUTES
August 28, 2000
Page 6 of 6
W..r. McDonald also noted all City funds were in good financial position, alld there were no areas of
non-compliance noted.
Director Nielsen thanked Mr. McDonald tor his etlolis in the interview process for current Finance
Director, BOlmie Burton, noting all are pleased with her work.
Garfunkel moved, Lizee seconded, accepting the Audit as presented. Motion passed 3/0.
B. Mayor & City Council Reports
There were no other matters to report at this time.
10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS
Lizee moved, Garfunkel seconded, adjourning the Regular City Council Meeting of
August 28, 2000, to Executive Session, subject to the approval of claims at 8:09 P.M.
Motion passed 3/0.
RESPECTFULLYSUBNUTTED,
Sally Keefe,
Recording Secretary
VVoody Love,~ayor