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081092 CC Reg Min . . . ~. 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. 1 . . . 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 2 . . . 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. 3 REGUlAR CITY COUNCIL MINUTES MONDAY, AUGUST 10, 1992 - PAGE 4 . 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. . 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. 4 REGUlAR CITY COUNCIL MINUTES MONDAY, AUGUST 10, 1992 - PAGE 5 . 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 . 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. 5 . . . 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. 6 . . 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 . 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. . 7 . , 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 J 'Jl ATIEST: . C- c. HURM, CITY ADMINISTRATOR . 8