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052305 CC Reg Min . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETNG MONDAY, MAY 23, 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 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Callies, Lizee, Wellens, and Turgeon (arrived 7:02 P.M.); Administrator Dawson; Attorney Keane; Finance Director Burton; Planning Director Nielsen, and Engineer Brown. Absent: None B. Review Agenda Callies moved, Wellens seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, May 9, 2005 Wellens moved, Turgeon seconded, Approving the City Council Regular Meeting Minutes of May 9, 2005, as presented. Motion passed 5/0. B. City Council Work Session Minutes, May 9, 2005 Turgeon moved, Wellens seconded, Approving the City Council Work Session Minutes of May 9, 2005, as amended in Item #7, paragraph 2, line 3, insert "enough time 'to'" and remove paragraph 3. Motion passed 5/0. 3. CONSENT AGENDA Item 3G was removed from the Consent Agenda and moved to Item lOA on the Agenda. Callies moved, Wellens 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. Approving RESOLUTION NO. 05-046, "A Petition for Consent to Assign Encroachment Agreement From KMC Telecom lIT, LLC, to Century Tel Acquisitions, LLC." CITY OF SHOREWOOD REGULAR MEETING MINUTES May 23, 2005 Page 2 of6 . D. Approving RESOLUTION NO. 05-047. "A Resolution Approving Hennepin County Joint Cooperation Agreement for Fiscal Year 2006-2008." E. Wine Club Authorization F. Approving RESOLUTION NO. 05-048. "A Resolution Approving Acceptance of Bids and Awarding a Contract for Bituminous Seal Coating of Roadways." G. Setting the date for Public Information Meeting for Roadway Improvement Projects Item 3G was removed from the Consent Agenda and moved to Item lOA on the Agenda. Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented. 5. REPORTS AND PRESENTATIONS A. Contribution by Shorewood Parks Foundation. . Ken Dallman, 5780 Eureka Road, and President of the Shorewood Parks Foundation, presented the City with a check in the amount of $6,000 made possible from donations, fund raising programs and proceeds from the third annual "Arts for the Parks" show. Mr. Dallman noted the Parks Foundation would dedicate Freeman Plaza on June 10,2005, at 6:00 P.M. preceding the Music in the Park event. Mr. Dallman also reported that the Foundation has contributed $500 towards Music in the Park this year. The Art for the Parks show is scheduled for Saturday, November 5, 2005. The Foundation is currently working on plans for the fall art show, which serves as the major fundraiser. The Foundation is also planning a breakfast for September 27,2005, as a fundraising event. Mayor Love thanked Mr. Dallman and the Parks Foundation, noting he appreciated all the hard work that had gone into planning, fundraising and participation in the Art for the Parks event. Councilmember Callies echoed the gratitude and noted that the Foundation projects have shown good cooperation with the Park Commission. 6. PUBLIC HEARING None. 7. PARKS A. Report on Park Commission Meeting held May 10,2005. . Chair Davis reported that the Park Commission is revisiting the master plan and considering alternatives to fund improvements, repairs and upgrades to some of the parks. Chair Davis noted the Commission CITY OF SHOREWOOD REGULAR MEETING MINUTES May 23, 2005 Page 3 of6 . Members are visiting and reviewing each park and focusing on water quality and the natural resource assets. The Park Commission is discussing a public education program with regard to buckthorn removal. Councilmember Turgeon asked about the vandalism to the parks. Engineer Brown reported the parks have had approximately $11,000 of vandalism over a five-year period. Councilmember Callies inquired about the tree inventory the Park Commission is considering. Chair Davis noted that the Park Commission is considering identifying large stands of trees and what may be done to maintain or improve the overall tree quality. Chair Davis also noted that there is a software program on the market that the can be used to identify and assign a rating to trees. Engineer Brown stated that the Park Commission would need to consider the amount of data to collect as part of a tree inventory and rating system, and evaluate how the data would be used. Brown noted that tree data might be best used towards preservation efforts. 8. PLANNING - Report by Representative Commissioner White reported that there was not a Planning Commission Meeting to report on, but could answer any questions regarding the Conditional Use Permits on the Agenda. . A. C.U.P. for Accessory Space Over 1200 Sq. Ft. Applicant: Paul and Sheryl Gilbertson Locations: 26055 Smithtown Lane Director Nielsen explained the applicants are seeking a Conditional Use Permit to construct a detached screen porch in the back yard. The floor area of the screen porch, when combined with the existing detached garage, and utility shed, brought the total area of accessory space over 1200 square feet. The property is over one acre in size. The City Ordinance delineates four criteria for c.u.P. approval. The request does meet all four criteria, specifically; 1) the floor area of the proposed accessory building does not exceed the existing floor area, above grade, of the principal structure; 2) the total area of the accessory buildings does not exceed 10 percent of the minimum lot size for the R-1C zoning district; 3) the proposed structure applies with the R-1C setback requirements and well away from the adjoining properties; 4) the proposed structure will have the same siding and roofing as the principal structure. Director Nielsen noted that based on compliance of the zoning criteria, the Planning Commission has recommended approval of the request. Callies moved, Lizee seconded Adopting RESOLUTION NO. 05-049, "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Paul and Sheryl Gilbertson." Motion passed 5/0. . CITY OF SHOREWOOD REGULAR MEETING MINUTES May 23, 2005 Page 4 of6 . B. C.U.P. for Accessory Space Over 1200 Sq. Ft. Applicant: Clark Kent Homes Locations: 5835 Eureka Road Director Nielsen explained the applicant recently completed a new home on the site and is seeking a Conditional Use Permit to construct a detached garage at the rear ofthe property, which puts the property in excess of 1200 square feet of accessory space. The property is located in the R-IA zoning district and contains 1.5 acres of land. Nielsen noted that the request does meet all four criteria, specifically; 1) the floor area of the proposed accessory building and attached garage, does not exceed the existing floor area, above grade, of the principal structure; 2) the total area of the accessory buildings does not exceed 10 percent of the minimum lot size for the R-IA zoning district; 3) the proposed garage applies with the R- IA setback requirements; 4) the proposed structure will have the same siding and roofing as the principal structure. Nielsen also stated that there would be no driveway to the proposed accessory structure. Councilmember Lizee noted that the area of Eureka Road is a wet area and asked about the effort to add a drain tile. Director Nielsen stated that there is a drainage ditch along the northerly property and there is a cooperative effort between neighbors to add a drain tile to aid with the drainage. Nielsen also stated the proposed garage location is relatively dry and the structure will be on a slab on grade. Lizee moved, Wellens seconded Adopting RESOLUTION NO. 05-050, "A Resolution Granting a . Conditional Use Permit for Additional Accessory Space to Clark Kent Homes." Motion passed 5/0. 9. GENERAL/NEW BUSINESS A. Sale of Bonds Paul Donna, Shorewood's bond consultant with Northland Securities, reported on the results of the 2005 General Obligation Water Revenue Bond Sale. Mr. Donna stated that the Council has a resolution before them to award the sale of bonds for $1,525,000 in General Obligation Water Revenue Bonds Series 2005A. Mr. Donna noted that the proceeds from the bond issue would finance various public improvements to the City's water system. The debt service on the bonds will be repaid over a 20-year term from revenues of the water utility. The General Obligation is used only in the event that water revenues are insufficient for a period of time. Mr. Donna distributed a copy of the three bid results that were opened today and ranked according to true interest costs. RBC Dain Rauscher, Inc., offered the lowest interest rate at 4.0811 %. Mr. Donna noted that Shorewood has an Aa3 bond credit rating, which is a good rating for a city the size of Shorewood. Mayor Love thanked the City Staff and Mr. Donna for their work on the bond sale process. Councilmember Callies asked if Mr. Donna could give an explanation of the process. . Mr. Donna stated that prospective underwriters in the Midwest were sent a prospectus in the City which outlined the financing and detailed information on the demographics and economics of the City. The Aa3 bond rating was confirmed and defme the City's credit worthiness. The underwriters determine if investors are interested in buying the bond issue. Based on the interest and demand, the underwriters decide whether to submit a bid to the City. CITY OF SHOREWOOD REGULAR MEETING MINUTES May 23, 2005 Page 5 of6 . Wellens moved, Callies seconded, Adopting RESOLUTION NO. 05-051, "Awarding the Sale of the $1,525,000 General ObligationW ater Revenue Bonds, Series 2005A; Fixing their Form and Specifications; Directing their Execution and Delivery; and Providing for their Payment." Motion passed 5/0. 10. ENGINEERING/PUBLIC WORKS This item was moved from 3G on the Consent Agenda, for further discussion and consideration. A. Setting the date for Public Information Meeting for Roadway Improvement Projects Engineer Brown reported that this item is to set the date for the public information meeting for the Wedgewood Drive, Mallard Lane and Teal Circle Roadway Improvement Project. This project has been on the table for a number of months and an issue remained regarding whether to install a watermain and whether the project involves roadway pavement reclamation or reconstruction with curb and gutter and storm sewer. To date, there has not been a consensus on this issue. Staff is recommending that a public information meeting be conducted on June 9, 2005, at 6:00 P.M. to 7:30 P.M. for this project. Councilmember Turgeon suggested calling the meeting at a specific time and presenting a specific plan versus an hour and half open forum style. . Engineer Brown agreed that presenting a proposed plan would garner more input and feedback. Turgeon moved, Lizee seconded, to Direct Staff to Call the Public Information Meeting for a Roadway Improvements Project for Wedgewood Drive, Mallard Lane and Teal Circle on June 9, 2005, at 7:00 p.m. and Proceed with a Plan. Motion passed 5/0. 11. STAFF AND COUNCIL REPORTS A. Administrator & Staff 1. County Road 19 Intersection Engineer Brown reported that Smithtown Road did not need to be closed as was planned. The contractor was able to bore under the roadway. Brown reiterated that there will be road closings in the future. B. Mayor & City Council 1. SLMPD Issues Group Mayor Love reported that the SLMPD Issues Group would be meeting for the last time on Thursday evening, May 26, 2005, at 4:00 P.M. at the Southshore Center. . Councilmember Turgeon stated that she is hopeful that a resolution will be met and the proposal will be brought back to Council for review. . . . CITY OF SHOREWOOD REGULAR MEETING MINUTES May 23, 2005 Page 60f6 2. Other Reports Mayor Love reported that there is an Excelsior Fire District Board Committee meeting on Wednesday, May 25,2005, at 7:00 P.M. Councilmember Callies reported that the Lake Minnetonka Cable Commission (LMCC) held its annual meeting to elect its officers. 12. ADJOURN Turgeon moved, Wellens seconded, Adjourning the Regular City Council Meeting of May 23, 2005, at 7 :57 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Shelley Souers, Recording Secretary ATTEST: Woody Love, Mayor