041105 CC Reg Min
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CITY OF SHOREWOOD
CITY COUNCIL MEETNG
MONDAY, APRIL 11, 2005
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Love called the meeting to order at 7:03 P.M.
A.
Roll Call
Present:
Mayor Love; Councilmembers Callies, Lizee, Turgeon, and Wellens; Administrator
Dawson; Attorney Keane; Finance Director Burton, Planning Director Nielsen, and
Engineer Brown.
Absent:
None
B.
Review Agenda
Wellens moved, Lizee seconded, Approving the Agenda as presented. Motion passed 5/0.
2. APPROVAL OF MINUTES
A.
City Council Regular Meeting Minutes, March 28, 2005
Turgeon moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of March
28, 2005 as presented. Motion passed 5/0.
Wellens moved, Turgeon seconded, Approving the City Council Work Session Minutes of March
28, 2005 as presented. Motion passed 5/0.
3. CONSENT
Wellens moved, Turgeon seconded, Approving the Motions Contained on the Consent Agenda and
Adopting the Resolutions Therein:
A. Approval of the Verified Claims List.
B. Staffing - No action required.
C. Approval of Request from Lake Minnetonka Triathlon to Traverse the City on
Saturday, June 18, 2005.
D. Authorizing RESOLUTION NO. 05-029. "A Resolution to Accept Plans and
Specifications and Authorize Advertisement for Bids for 2005 Sealcoating of Streets,
City Projects 05-01."
E.
Approval of Multiple Dock License - Shorewood Yacht Club.
Motion passed 5/0.
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CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
Aprilll, 2005
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4. MATTERS FROM THE FLOOR
There were no matters from the floor presented.
5. REPORTS AND PRESENTATIONS
A. Recognition of Service of Former Park Commissioner Paul Gilbertson.
On behalf of the City Council and Staff, Mayor Love presented former Park Commissioner Paul
Gilbertson with a plaque and thanked him for his two years of service and dedication to the Park
Commission. Gilbertson thanked the City Council for the opportunity to serve.
6. PUBLIC HEARING
A. Consideration of a Request to Vacate a Portion of Ferncroft Drive Right-of-Way
Mayor Love opened the Public Hearing at 7:26 P.M.
Director Nielsen explained that the applicant, Matthew Phillippi, is requesting to redevelop adjacent
properties along Femcroft Drive. Mr. Phillippi has acquired three parcels of property and requests to
subdivide the properties into a total of five lots. The subject properties are zoned R-ID/S, Single Family
Residential/Shoreland. Director Nielsen reviewed the history of this matter, noting that the Planning
Commission had previously considered it in 2004. The proposal involves lot area variances on three of
the lots and five feet of right-of-way along Femcroft Drive being vacated. The revised plan creates all 70
foot wide lots, resulting in the elimination and reduction several nonconforming structures.
Director Nielsen noted that Femcroft Drive currently exists as a 60 foot right-of-way. The ordinance
requires street rights-of-way to be 50 feet wide. In previous cases the City has agreed that if it were
warranted, the vacation would be divided between the two sides of the street. The right-of-way has no
utilities other than the service for these lots. The applicant will be required to dedicate ten-foot drainage
and utility easements around each lot.
Director Nielsen stated that the recommendation is first to vacate the five feet of Femcroft Drive r-o-w
and then under item #8, approve the minor subdivision with lot width and area variances.
Seeing no one present wishing to address this issue, Mayor Love closed the Public Testimony portion of
the Public Hearing at 7:28P.M.
Callies moved, Wellens seconded, Adopting RESOLUTION NO. 05-030, "A Resolution Approving
Vacating a Portion ofthe Public Right-of-Way of Ferncroft Drive." Motion passed 5/0.
7. PARKS
There was nothing to report on at this time.
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CITY OF SHOREWOOD REGULAR COUNCn.. MEETING MINUTES
April 11, 2005
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8.
PLANNING - Report by Representative
Planning Commissioner Conley reported on matters considered and actions taken at the AprilS, 2005,
Planning Commission meeting (as detailed in the minutes of that meeting).
A. Revised Subdivision and Variance Request
Applicant: Matt Phillippi
Locations: 4890 and 4900 Ferncroft Drive and 21155 Minnetonka Boulevard
Director Nielsen briefly recapped the subdivision request, noting that the subdivision includes lot width
and area variances.
Attorney Keane asked why the subdivision was being done by survey rather than MSA 505 Plat.
Director Nielsen explained that the application was presented in two pieces as minor subdivisions and the
third parcel was added after. Nielsen agreed that if the proposal had been presented all at one time, staff
would have suggested the division by plat.
Councilmember Turgeon stated that she agrees the proposal cleans up nonconforming structures, but
asked why the division could not have fewer lots.
Director Nielsen stated that the Planning Commission recommended approval of the request, and by
granting the variances, the newly created properties would be closer to the ordinance requirements.
Nielsen also noted that any new structures must meet the setback requirements and 25% hardcover
maXImums.
Mayor Love stated that what he likes and supports, with regard to the subdivision, is that it preserves the
character of the neighborhood while cleaning up a lot of nonconforming uses.
Councilmember Callies stated that one of the factors of consideration, for this project or others, is how the
variance request satisfies the ordinance standards, character ofthe neighborhood and if the plan conforms
to the intent and spirit of the ordinance, recognizing that every situation must be looked at separately.
Turgeon moved, Lizee seconded, Adopting RESOLUTION NO. 05-031, "A Resolution Approving a
Subdivision of Real Property and Lot Width and Area Variances for Matthew Phillippi." Motion
passed 5/0.
9. GENERAL/NEW BUSINESS
A. Approval of 2005-2025 Capital Improvement Program for Excelsior Fire District
Administrator Dawson explained that the Excelsior Fire District Board has presented the proposed 2005-
2025 Capital Improvement Program. The Joint Powers Agreement specifies that any amendment to the
CIP requires approval by two-thirds of the member cities by April 15. Administrator Dawson noted that
three other Cities have approved the proposed CIP.
Fire Chief Mark DuCharme was present to explain the proposed Capital Improvement Plan. Chief
DuCharme highlighted the changes from the previous year, noting the Fire District modified the
CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUfES
Aprilll, 2005
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equipment plan by changing from a life-cycle plan to a benchmarking plan. Benchmarking equipment
considers the functional use, maintenance costs, where the equipment is deployed and how much usage
the District gets out of each piece. Another change included items less than $50,000 are paid as cash
transactions. The plan looks at replacement of the aerial at 20 years versus refurbishment at 15 years.
The tanker remains at the 25-year benchmark due to the use. Fire Engine 22 would be retained in the
fleet and used as a reserve pumper due to the minimal residual value for resale or trade. Chief DuCharme
also noted that a line item for a building fund has been included in the Capital Improvement Plan.
Councilmember Turgeon inquired about the amounts listed in the line item regarding Capital Truck
Maintenance.
Fire Chief DuCharme reported that the Fire Board requested that the plan include expenses from 2001-
2004 for historical data. Chief noted that the Capital Truck Maintenance line item includes the 800
megahertz, the rescue boat expenses and truck maintenance that were more capital appropriated expenses
rather than operation expenses.
Councilmember Wellens asked if there is a source the Fire Department looks at to determine adequate
equipment needs for Cities it serves.
Fire Chief DuCharme stated that the Insurance Services Office, the National Fire Protection Association
and the Minnesota Regulations are used for equipment standards and equipment recommendations.
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Mayor Love stated that the Fire Board has attempted to get a better reporting system for the Board and
Councils to consider by looking at maintenance costs of vehicles, patterns of use and justification for the
equipment.
Councilmember Turgeon expressed concern that she still had unanswered questions, did not have
sufficient time for review or obtaining answers, and was not prepared to support the Capital Improvement
Program as presented.
Lizee moved, Wellens seconded, approving the 2005-2025 Capital Improvement Program for
Excelsior Fire District. Motion passed 4/1, with Turgeon dissenting.
B. Reimbursement Resolution for City Hall Project
Administrator Dawson stated that the Reimbursement Resolution is continued from the March 14
meeting. In order to qualify the purchase for reimbursement from bond proceeds, the Council needs to
adopt the Reimbursement Resolution within 60 days of the action on March 7 to purchase property
adjoining City Hall. Adopting the resolution does not commit the Council to make changes to City Hall
or issue bonds. Administrator Dawson also noted some wording change in the revised resolution to make
it clear that the Council was considering making improvements to City Hall or constructing a new City
Hall.
Callies moved, Lizee seconded, Adopting RESOLUTION NO. 05-032, "A Resolution Declaring the
Official Intent of the City of Shorewood to Reimburse Certain Expenditures from the Proceeds of
Tax Exempt Bonds to be Issued by the City." Motion passed 5/0.
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10.
ENGINEERING/PUBLIC WORKS
There was nothing to report on at this time.
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CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES
April I!, 2005
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11.
STAFF AND COUNCIL REPORTS
A. Administrator & Staff
1. County Road 19 Intersection
Engineer Brown reported that construction along the County Road 19 intersection is to begin on April 18
with relocation of the water main along the west side of County Road 19. The construction will then
move to the area near the Police and Fire Station to work on the storm sewer. Staff is working closely
with the private and public utilities to stay on schedule.
B. Mayor & City Council
1. SLMPD Issues Group
Mayor Love and Councilmember Turgeon attended the SLMPD Issues Group and will keep the Council
informed of the content of these meetings.
Mayor Love stated that he attended the awards dinner of the Excelsior Fire District. Mayor Love stated
that it was good to see the dedication of the firefighters.
12. ADJOURN
Wellens moved, Turgeon seconded, Adjourning the Regular City Council Meeting of April 11,
2005, at 8:23 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Shelley Souers, Recording Secretary