Minnetonka City Council — Transcript
Monday, August 11, 2025
Story
Minnetonka Council approves tree variance despite staff concerns
City Manager and Council Member Reports
Temporary Amendment to On-Sale Liquor License (Famous Daves)
Floodplain Alteration Permit and Tree Variance (3440 Larchwood Drive)
Marsh Run 3 Development Proposal (11800 Weisetta Boulevard)
Votes (6)
Strategic Plan Quarter 2 Report
Dissent: None
Moved by Council Member Calbertt [0:30:45] · Seconded by Council Member Kley [0:31:02]
The City Manager presented a mid-year update on the strategic plan, detailing progress on financial strength (AAA rating, grants), public safety (drones, firefighters), sustainability (tree sales, water efficiency, solar installations, habitat restoration), livable development (affordable housing, business vitality), infrastructure (road projects, utility upgrades), and community inclusiveness (youth programs, belonging events, Marsh membership). Council members expressed satisfaction with the progress and the staff's work.
City Manager and Council Member Reports
Dissent: N/A
Moved by N/A · Seconded by N/A
The City Manager thanked staff and council for Night to Unite, noting record participation (158 parties) and the community's positive spirit. He also announced election filing closure and fall recreation program registration. Council members reiterated appreciation for Night to Unite, with Council Member Calvert praising Minnetonka's beauty and civic engagement. She also reported on the League of Minnesota Cities election task force and the National League of Cities energy, environment, and natural resources committee, and lauded city staff's dedication. Mayor Woram reflected on his last Night to Unite as mayor and emphasized the city's commitment to housing, particularly affordable housing.
Consent Agenda Items 10A, B, and C
Dissent: None
Moved by Council Member Shack [0:44:48] · Seconded by Council Member Calbertt [0:44:59]
The consent agenda included the Metropolitan Council Community Tree Planting Grant Agreement (10A), a Joint Powers Agreement with Minneapolis for City Attorney on-call services (10B), and a resolution for a signal agreement at Hopkins Crossroad and Trunk Highway 394 North Ramp (10C). Council members expressed appreciation for item 10B, highlighting the improved working conditions for City Attorneys for a low cost, and 10A for residents' appreciation.
Temporary Amendment to On-Sale Liquor License for Famous Daves at 14601 Highway 7
Dissent: None
Moved by Council Member Calbertt [0:47:50] · Seconded by Council Member Romey [0:48:06]
Miss Wishnack presented the request for a temporary amendment to the on-sale liquor license for Famous Daves to accommodate a barbecue block party on August 16th. She confirmed that the event and request met the city's code criteria for such amendments. No questions or comments from the council or public were raised during the public hearing.
Floodplain Alteration Permit with a Tree Variance for construction of a new home at 3440 Larchwood Drive
Dissent: Council Member Calbertt, Mayor Woram
Moved by Council Member Kley [1:19:12] · Seconded by Council Member Foster Bolton [1:19:42]
The proposal involved demolishing an existing home and constructing a new, larger one on a constrained lot. Staff recommended approving the floodplain alteration permit but denying a tree removal variance for one boxelder tree, arguing the variance did not meet 'practical difficulties' criteria and was based on design preference, potentially setting a 'fairness precedent.' The Planning Commission had recommended approving both. The applicant stated they tried to comply with all rules and were only recently informed about the tree issue. Council members were conflicted, balancing adherence to the tree ordinance (which considers 30% root zone impact as loss) against the unique site constraints, the cost of redesign, and the desire to replace a dilapidated home. Concerns were raised about the large footprint of the proposed new home and the precedent of waiving the ordinance. Ultimately, a motion to approve both the floodplain permit and the tree variance, with a condition to replace the lost tree at double its caliper, passed by a 5-2 vote.
Items concerning Marsh Run 3, a rental apartment development at 11800 Weisetta Boulevard
Dissent: N/A
Moved by N/A · Seconded by N/A
Miss Thomas provided a detailed history of the Marsh Run redevelopment, noting the proposed 44-unit apartment building (with 9 affordable units) is the final parcel in the area. Staff determined the high-density residential use aligns with the comprehensive guide plan and presented traffic and parking studies indicating acceptable service levels. The applicant (Ann Barren) emphasized their development team's commitment to Minnetonka, their track record of delivering affordable housing in Class A buildings (Burke, Elcott, Veil), and the project's intention to pilot sustainable initiatives. The discussion was interrupted before a vote could be taken, ending during the applicant's presentation.
Notable Quotes (13)
So in terms of we're halfway through the year on the right hand side of that we're showing about 49% progress on our strategic plan. Uh we do have 5% completion, but 92% of our plan is in motion and we're working towards that...
Well, thank you for that quick review, but certainly a lot of work um being done and certainly heartening to see that uh we're on track um toward the objectives that we established...
I made it to three parties myself. Um it was fantastic. uh just to see the neighborhoods the the I think our it speaks volumes to our community in terms of just the positivity and the the appreciation that residents have for their neighborhood, their neighbors, for the city and and really for what we do as a community.
I firmly believe that if a person doesn't have a place to live, they don't have a chance.
I give Mr. Nilson a lot of credit because the I didn't know this and Mr. Funk didn't know this, but our two attorneys were trading being on call on the weekends to handle these things... and we get to shift that for $300 a month. Incredible.
It's indicative of the dedication that our staff has um to do their jobs. They don't they don't complain. They they do it because it comes with the territory and I'm very appreciative of that.
this this um business has a liquor license and what you do is amend their territory basically for where they serve alcohol. So that's really why you need to amend their uh license temporarily and that would accommodate this event.
First, we find that it doesn't meet the um statute and city code requirement pertaining to practical difficulties. Specifically, the variance is not based on a circumstance unique to the property. Instead, it's based on the design preference of the property owner.
We still have no intention in cutting the tree down because we believe a box elder tree is closer to a weed tree and they do survive... So that's why we're looking for the variance of that one tree, 73% or 73%.
I look at our tree ordinance, and it says 35%. Um, it doesn't say 35.7, it doesn't say 36, it says 35... I believe in the rule of law and if we have bad laws then let's change the laws let's not say hey we're not going to enforce that...
It is on the architects and the developers um to look at ordinances and tree plans and create your own site map and know what you're it's not up to staff to tell you and hold your hand... you know what a root zone is.
In general, 2 to four feet of fill would be added to areas of the property to raise grade above the flood plane areas which are uh to the west side of the site. There's a small area flood plane... that would be filled about 3.1 cubic acres and re uh created uh 3.6 6 cubic acres.
So I can say we are responsible for 100% of the affordable units that have been delivered in the city this year. Um but actually looking at those statistics um so far we have delivered 128 affordable units. This would this project would add nine more.
Ordinances & Resolutions (23)
Numerous written comments received after publication of staff report for Marsh Run 3, attached as addendum.
Mid-year update on the city's six strategic priorities and 18 desired outcomes.
Highest possible creditworthiness rating maintained by the city through Moody's.
Implementation includes drones as first responder initiative and onboarding firefighters.
$25,000 grant received from the Met Council for water efficiency efforts.
Metric tracking participation in sustainability efforts.
Fund used to increase affordable housing units.
Infrastructure project currently underway.
Grant agreement for community tree planting.
Agreement for city attorney on-call services.
Agreement with Hennepin County and MNDOT for signal improvement.
Request for Famous Daves for a block party event.
Permit for earthwork in a floodplain at 3440 Larchwood Drive.
Variance requested to remove a tree at 3440 Larchwood Drive due to construction impacts.
Ordinance setting investment caps for structures in floodplain areas.
City ordinance governing tree removal, including the 30% critical root zone rule.
Required approval for the Marsh Run 3 project.
Required approval for the Marsh Run 3 project.
Required for Marsh Run 3 due to existing conditions and proposed improvements.
Variance from 35 ft to 30 ft requested for Marsh Run 3.
Variance requested for Marsh Run 3 to accommodate proposed density.
City plan guiding land use, updated to mixed-use for the Marsh Run 3 site.
Affordable housing program vouchers accepted by Marsh Run 3 project.