081092 CC Reg Min
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CITY OF SHOREWOOD
REGUlAR CITY COUNcn. MEETING
MONDAY, AUGUST 10, 1992
COUNcn. CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
1.
MINUTES
CONVENE CITY COUNcn. MHHTING
The meeting was called to order by Mayor Brancel at 7:00 p.m.
PLEDGE OF ALlEGIANCE
A ROIL CAlL
Present:
Mayor Brancel; Councilmembers Daugherty, Gagne and Stover. Also present
were Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen
and Finance Director Rolek.
Absent:
Councilmember Lewis.
B. REVIEW AGENDA
Nielsen requested that Agenda item 9.C.1. be deleted.
Stover moved, Gagne seconded to approve the agenda for August 10, 1992 with the deletion
of item 9.C.l.
Motion passed 4/0.
2. APPROVAL OF MINUTES - None.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for August 10, 1992.
Stover moved, Gagne seconded to approve the Consent Agenda and to adopt the
Resolutions therein:
A RESOLUTION NO. 71-92 "A Resolution for Grant Application - Eurasian
Water Milfoil Control"
B. RESOLUTION NO. 72-92 "A Resolution Appointing Election Judges."
C. RESOLUTION NO. 73-92 "A Resolution Setting a Public Hearing for
Assessment of Delinquent Charges."
Motion passed 4/0.
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REGUlAR CITY COUNcn. MINUTES
MONDAY, AUGUST 10, 1992 - PAGE 2
4.
PARK- None.
5. PlANNING
A Planning Commission Meeting - August 4, 1992
Stover reported that at its August 4 meeting, the Planning Commission unanimously
recommended to the Council that it approve conditional use permits for Michael Schaub
with a lot width and area variance; for John Sjovall to allow accessory space exceeding 1200
square feet; and for Minnewashta School with setback variance; and tabled action for two
weeks on the application of Summit Creek Homes for a variance for a private road.
B. Update on Senior Housing and Services Task Force
- Approval for Letter to Senior Housing Developers
- Approval for Request for Proposal for Senior Housing Consultant Services
Nielsen reported that the Senior Task Force recommends to the Council that 1) a letter be
sent to developers of senior housing advising that the City is interested in encouraging them
to consider a project in Shorewood and 2) a senior housing consultant be hired to
coordinate the development of an elderly housing project.
Gagne moved, Stover seconded to approve sending a letter to developers of senior housing
advising that the Gty is pursuing an elderly housing development and inviting developers
to consider Shorewood for their projects.
Motion passed 4/0.
Gagne moved, Stover seconded to approve sending Requests for Proposals to hire a senior
housing consultant to coordinate the development of an elderly housing project in
Shorewood.
Stover asked if the proposals received are too high, can they be rejected. Keane responded
they can all be rejected. Daugherty stated that pursuing senior housing will be a positive
action for the citizens.
Hurm noted an estimated cost to hire a consultant to be about $6,000
and can be designated by the Council from contingency funds.
Motion passed 4/0.
C. Conditional Use Permit and Setback Variances
Applicant:
Location:
Minnewashta Elementary School
26350 Smithtown Road
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REGUlAR CITY COUNCIL MINUTES
MONDAY, AUGUST 10, 1992 - PAGE 3
Nielsen reported that the Planning Commission recommends approval of a conditional use
permit and setback variance for Minnewashta School contingent on compliance with staff
recommendations.
Stover moved, Daugherty seconded to approve a Conditional Use Permit and setback
variance for Minnewashta Elementary School subject to: 1) grading, drainage and erosion
control plans approved by the Gty Engineer and Watershed District, 2) landscaping and site
improvements completed prior to occupancy of the school addition; and 3) construction
hours limited to between 7 am. and 7 pm. weekdays and 8 am. to 6 pm. Saturdays.
Motion passed 4/0.
D. Conditional Use Permit and Lot Width Variance
Applicant:
Location:
Michael Schaub
5185 Shady Island Road
The Planning Commission recommends approval of a conditional use permit with lot width
and area variances contingent upon compliance with staff recommendations.
Stover moved, Gagne seconded to approve a Conditional Use Permit and lot width and area
variances subject to the staff recommendations for Michael Schaub, 5185 Shady Island Road.
Motion passed 4/0.
The Planning Commission has accepted a petition from Shady Island residents to change
Island zoning from R-1B to R-1C. A Public Hearing will be scheduled on this matter.
E. Conditional Use Permit to Allow Accessory Space Exceeding 1200 Sq.Ft.
Applicant:
Location:
John Sjovall
5935 Galpin Lake Road
The Planning Commission recommends approval of a conditional use permit to allow
accessory space exceeding 1200 square feet contingent upon compliance with staff
recommendations.
Stover moved, Daugherty seconded to approve a Conditional Use Permit to allow accessory
space exceeding 1200 square feet for John Sjovall, 5935 Galpin Lake Road, subject to the
staff recommendations and contingent upon correcting two decks constructed without
permits.
Motion passed 4/0.
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REGUlAR CITY COUNCIL MINUTES
MONDAY, AUGUST 10, 1992 - PAGE 4
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6.
PUBllC HEARING - CONSIDER APROPOSRD RESOLUTION REGARDING
VACATION OF A PORTION OF A PUBllC STREET - NOBT.R ROAD CUL-
DE-SAC
Nielsen noted that staff recommends approval of this Resolution to vacate the circular
portion of a platted cuI de sac on Noble Road since it is now a through street and the cul-
de-sac is no longer needed.
Mayor Brancel opened the Public Hearing and called for comments from the Public.
Mr. Ross Putnam, 26650 Edgewood Road, requested clarification of exactly what would be
vacated. Nielsen indicated that the vacation being considered is the "bubble" portion of the
road as no turn-around is needed since the road is going through and a new cul-de-sac will
be built where the road will end. Mr. Putnam indicated concern about the entire project.
Mayor Brancel closed the Public Hearing.
Stover moved, Gagne seconded to approve RESOLUTION NO. 74-92 "To Vacate a Portion
of a Public Street - Noble Road Cul-De-Sac."
Motion passed 4/0.
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Nielsen informed the Council that because of the hearing process, the developer has
requested an extra 30 days (from August 13) to record the plat for the Boulder Ridge
Estates.
Gagne moved, Stover seconded to approve a 30-day extension for the developer to record
the Boulder Ridge Estate plat.
Motion passed 4/0.
7. A RESOLUTION TO APPROVE CONTRACT FOR JOINT AND
COOPERATIVE POllCE SERVICES - SLMPSD
Mayor Brancel brought the Council's attention to the Resolution approving the police
services contract for Shorewood, Excelsior, Tonka Bay, and Greenwood. On behalf of the
Council, Gagne commended Mayor Brancel for her successful efforts to work out a five-year
contract for the police service. The Council expressed support for and encouraged future
negotiation of a contract longer than for five years.
Gagne moved, Stover seconded to approve RESOLUTION NO. 75-92 "Approving Joint and
Cooperative Agreement Relating to the Employment of Police Chief and Police Officers so
as to Provide Full Time Police Protection for the aties of Excelsior, Tonka Bay,
Greenwood and Shorewood."
. Motion passed 4/0.
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REGUlAR CITY COUNCIL MINUTES
MONDAY, AUGUST 10, 1992 - PAGE 5
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8.
MATfERS FROM 1HE FLOOR
Mr. Bill Maddy, 5780 Christmas Lake Road, asked whether the Council intended to vote
on a joint Senior Center task force. It was noted this item is on the Agenda.
Mr. Bob Rascop, Shorewood's LMCD Director, informed the Council of a meeting
scheduled on August 13 regarding the acquisition of Howard's Point by the DNR.
9. STAFF RRPORTS
A Attorney's Report - None.
B. Engineer's Report
1. 1992 Project Update
Dresel reported that the court ordered the taking of Church Road and noted that work on
the Public Works site continues but is a bit behind its schedule due to weather.
C. Planner's Report
1.
Planning Commission Recommendation Regarding Orono Styrofoam
Dock Ordinance
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Nielsen informed the Council that the Planning Commission unanimously recommended to
the Council that no action be taken on a styrofoam dock ordinance until such time that it
is determined that a problem exists. In reviewing action taken by the Orono City Council,
Nielsen stated that the problem identified by Orono appears to be aesthetic rather than that
of environmental/pollution concerns. Daugherty requested that additional information be
obtained from the Orono Council regarding its concerns.
D. Administrator's Report
1. Report on and Consideration of a Resolution Pertaining to a Senior
Center Task Force
Hurm reviewed information received from Senior Community Services, Hopkins, MN,
relative to the formation of a joint South Lake Minnetonka Senior Center task force to
represent Deephaven, Excelsior, Tonka Bay and Shorewood. The task force will include an
appointed senior citizen from each City and would be responsible for development of a
community/senior center. The task force will expire no later than October 1, 1993.
Gagne moved, Stover seconded to approve RESOLUTION NO. 76-92 "Establishing a Joint
Otizen Task Force Developing a Southshore Community/Senior Center."
. Motion passed 4/0.
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REGUlAR CITY COUNcn. MINUTES
MONDAY, AUGUST 10,1992 - PAGE 6
2.
Resident's Letter - Utility Penalty
Hurm reviewed a request from a resident for abatement of a penalty fee imposed on her
utility bill. The resident states that the payment was deposited on a timely basis; however,
City records indicate the payment was received four days late. Rolek reviewed the City's
policy for handling payments received through the door entry-way after hours which are
date-stamped when found the next morning.
Councilmembers discussed the apparent dilemma between the resident's recollection of her
deposit procedure and the City's records of the deposit. Brancel stated that the policy
should prevail. Daugherty asked about a legal grace period; however, Rolek stated that the
utility controls the policy and there is no provision for a grace period. Stover stated that the
resident would not go through the effort of writing a letter to the Council if, in fact, she did
not make the deposit on the due date and has a specific recollection of the date. In
addition, Stover noted that the City doesn't have a specific cut-off hour which clearly defines
when a late penalty will be applied.
Gagne moved, Brancel seconded to deny the abatement of a penalty on the resident's utility
fee.
Motion failed 2/2 Stover and Daugherty voted nay.
Stover moved to table action on this abatement request until such time that all
Councilmembers are present at a meeting.
Motion failed for lack of a second
Daugherty moved, Stover seconded to abate the penalty due to the circumstances and the
resident's that the payment was likely mi~hand1ed by the City.
Motion failed 2/2. Brancel and Gagne voted nay.
The Councilmembers agreed to direct the staff to place this matter on the agenda for the
next Council meeting.
Staff asked the Council for a definition of when an account is delinquent. Councilmembers
discussed the appropriate cut-off time to determine delinquency.
Brancel moved, Stover seconded to set the cut-off time to determine delinquency on utility
bills to "the end of the City's business day on the date due or, if the due date falls on a
weekend day or holiday, the be~nning of the following business day."
Motion passed 3/1. Daugherty voted nay.
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REGUlAR CITY COUNCIL MINUTES
MONDAY, AUGUST 10, 1992 - PAGE 7
. Gagne moved, Daugherty seconded to re-consider the resident's request for abatement of
a penalty assessed on her utility bill.
Motion passed 4/0.
Gagne moved, Brancel seconded to deny the resident's request for abatement of a penalty
on the resident's utility bill.
Motion passed 3/1. Stover voted nay.
Council directed the staff to make arrangements and determine the costs for an appropriate
drop-off box for after-hours deposits intended for the City.
3. Review of Budget Process
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Hurm reviewed the changed budget format for 1993. He reviewed the elements of the
budget cycle; a staff and Council time-line and action checklist; and methods for setting
department missions and specific objectives and for monitoring and evaluating individual
departments' budget progress. In addition, Hurm recommended the distribution of a
"citizens' satisfaction" survey and suggested that a consultant be hired to assist staff in
developing the contents of the survey. He outlined plans to provide more meaningful
reports to the citizens on City services and costs.
Councilmembers discussed the information presented by Hurm. Brancel and Gagne
regarded giving citizens a better look at where the money goes and a better analysis of the
budget for the Council as a worthy objective. Daugherty expressed concern regarding a
possible negative reaction to a survey and requested information as to how the use of such
a survey has helped other cities to establish priorities and how the procedure works. Stover
expressed concern over reliance on a survey and questioned how the responses would be
analyzed and applied to the budget process.
The budget will be discussed at the Council's August 24, 1992 meeting.
Hurm informed the Council that he will be serving as a member of the League of Cities'
Federal Legislative Committee.
10. COUNCIL REPORTS
A Mayor Brancel - None.
B. Councilmembers - None.
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REGULAR CITY COUNCIL MINU1ES
MONDAY, AUGUST 10, 1992 - PAGE 8
. 11. ADJOURNMENT SUBJECT TO 1HE APPROVAL OF ClAIMS
Gagne moved, Daugherty seconded to adjourn the meeting at 8:20 pm., subject to the
approval of claim~.
Motion passed 4/0.
RESPFrrFI JT J .Y SUBMf."."HD.,.
Arlene H. Bergfalk
Recording Secretary
Northern Counties Secretarial Services
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ATIEST:
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c. HURM, CITY ADMINISTRATOR
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