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091492 CC Reg Min ", . . ,," . , . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 14,1992 MINUTES COUNCIL CHAMBERS 5755 COUNTRY nUB ROAD 7:45 P.M. 1. CALL TO ORDER The meeting was called to order following an Executive Session by Acting Mayor Daugherty at 7:45 p.m. PlEDGE OF AlLEGIANCE A ROIL CAlL Present: Councilmembers Daugherty, Gagne, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen, and Finance Director Rolek. Absent: Mayor Brancel. B. REVIEW AGENDA . Hurm requested the removal of Consent Agenda Item D. and Agenda Item 10 and noted an addition to Item IS.D. Administrator's Report. Nielsen made a correction to Agenda Item S.B. noting that the attachment is a Planner's Memo not a Resolution. Gagne moved, Stover seconded to approve the September 14 Agenda with the removal of Consent Agenda Item D. and Agenda Item 10, addition to Agenda Item 15D. and a correction to Agenda Item 5.B. Motion passed 4/0. 2. APPROVAL OF MINU1ES A City Council Meeting - August 24, 1992 Gagne moved, Lewis seconded to approve the City Council minutes of August 24, 1992. Motion passed 4/0. B. City Council Work Session Meeting - August 24, 1992 Gagne moved, Stover seconded to approve the Council Work Session minutes of August 24, 1992. . Motion passed 4/0. 1 'l . " '."". .... . . . REGULAR CITY COUNCIL MINU1ES SEPTEMBER 14, 1992 - PAGE 2 3. CONSENT AGENDA Acting Mayor Daugherty read the Consent Agenda for September 14, 1992. Lewis moved, Gagne seconded to approve the Consent Agenda and to adopt the Motions and Resolutions therein: A Change Order No.1 and Payment Voucher No.1 - Doboszenski & Son, Inc. - Silverwood Park. B. Payment Voucher No.4 - Rochon Corporation - Public Works Facility. C. RESOLUTION NO. 81-92, "A Resolution Authorizing Submittal of the 1992 Hennepin County Grant Application for Municipal Source Separated Recyc1ables." E. RESOLUTION NO. 82-92, "A Resolution Approving Third Party Agreement Urban Hennepin County 1992 CDBG Program Year XVIII." F. RESOLUTION NO. 83-92, "A Resolution Granting a Variance for Private Road - Subject to Findings of Fact." G. RESOLUTION NO. 84-92, "Making Appointment to the Joint Senior Citizen Task Force Developing a South Shore Senior Center." H. Subordination Agreement - Urban Hennepin County Housing Rehabilitation Program." J. Partial Pay Voucher for Lift Stations No.7 and 11. Motion passed 4/0. 4. PARK A Report on Park Commission Meetings - August 25, 1992 and September 10, 1992 Commission Member Karen Mast reported that the Park Commission continues to move forward on it's capital improvement plan and is actively planning for the park referendum in the spring. She stated that the newest park, Silverwood, has been seeded and all work is now completed. 2 ~l ."' . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 14, 1992 - PAGE 3 5. PLANNING A Report on Planning Commission Meeting - September 1, 1992 - None. Nielsen stated that he will report the Commission's votes recorded at its September 1 meeting as relevant Agenda items are considered by the Council. B. Consider Shady Island - Proposed Rezoning From R-IB to R-IC Applicant: Shady Island Residents Location: Shady Island Nielsen stated that on August 6, the City received a petition from the residents of Shady Island requesting that the Island be rezoned from R-IB to R-IC. The petition was due in part to a situation that occurred wherein a resident whose home was destroyed and upon applying for reconstruction permits, it was determined that the lot was technically unbuildable under existing Ordinances. The resident was granted the necessary permits subject to numerous variances and the issue came to the attention of the Island homeowners. Nielsen stated that this issue goes back to 1985 when the City conducted an analysis throughout the City to classify areas to reflect existing development. At that time, based on the analysis, it was recommended that Shady Island be zoned R-IC to bring it into conformity with the zoning re-classification. However, R-IB zoning was approved based largely on a petition submitted at that time. As a result, 24 of the 31 lots remain in nonconformance. Nielsen stated that the Planning Commission conducted a public hearing and voted (4/1 with one abstention) to recommend that the zoning be changed to R-IC. Staff recommends re-zoning from R-IB to R-IC since it provides flexibility to the residents and brings all but two of the lots into RI-C conformance. Nielsen indicated that to leave the R-IB zoning and treat future requests through variances is a poor way to develop or re- develop property. Nielsen pointed out that sub-standard lots would still require a conditional use permit process and that under the R-IC zoning, there is only one lot that realistically could be divided. He also noted that the "center island" is owned by the Shady Island Association and division of that parcel is subject to the residents' approval. Stover recalled the City's 1985 analysis and re-zoning and pointed out that the RI-C zoning more closely reflects the current development of Shady Island. Gagne supported R-IC zoning and noted that some of the opposition may be based on misunderstanding. Daugherty indicated that it appears that such a change is appropriate based on the staffs recommendation and input from residents. Stover moved, Lewis seconded to direct the staff to prepare an Ordinance to rezone Shady Island from R-IB to R-IC. Motion passed 4/0. 3 '1 . . . . . . C. Consider a CUP for Accessory Space Exceeding 1200 Square Feet and Setback Variance Applicant: John Dolan Location: 26305 Edgewood Road Nielsen reviewed the Applicant's request for a permit to build accessory space in excess of 1200 square feet and for a set-back variance to locate a home further to the west side of the lot than Ordinance allows at 26305 Edgewood Road. He noted the Applicant's request for a 25-1/2 foot variance is primarily because of the soils and vegetation on the east side of the property. Nielsen stated that the variance is justified but the staff recommends it be minimized to the extent possible while still preserving existing vegetation. He noted that the Planning Commission voted 6/0 to recommend approval of a 6-1/2 variance on the north side and 15 feet on the west side of the lot. Nielsen also requested that the Council consider allowing issuance of a building permit to Mr. Dolan subject to the Findings of Fact in view of the approaching end of the construction season. Stover moved, Lewis seconded to direct the staff to prepare a Resolution with Findings of Fact approving a CUP for accessory space over 1200 square feet and setback variance as recommended by the staff for 26305 Edgewood Road and authorized issuance of a Building Permit to the Applicant to expedite construction. Motion passed 4/0. 6. PUBliC HEARING - PROPOSED ASSESSMENT OF DEliNOUENT SEWER AND WATER U11UTY CHARGES. CITY ORAN-UP CHARGES AND PROPERTY CLEMf-UP CHARGES Rolek noted that a public hearing is held annually to assess delinquent utility charges and other outstanding charges the City may have against those affected. Delinquencies this year include approximately $34,500 in sewer charges, $550 in water charges, $540 in spring clean- up charges and $950 in property clean-up charges. Rolek requested that the delinquencies be assessed to the property owners affected. The applicable interest rate is 8%. Acting Mayor Daugherty opened the Public Hearing at 7:50 p.m. Mr. Greg Fox, 25565 Smithtown Road, stated that he has clean-up charges due on property cleaned in August. He explained that in his clean-up process, he had hired and paid a rubbish hauler to remove the debris. However, he felt that the City came in so quickly, made a clean-up and charged him for the service after he thought everything was under control. Therefore, he is not going to pay that bill. In regard to the sewer charges, he pointed out he does not use the City's water and at the present time he is not using the sewer system. After discussion, the Council agreed to set aside the clean-up charges for 30 days until further information can be obtained from the files to determine the sequence of events and whether procedures were followed. 4 'f . . . . . REGUIAR CITY COUNCIL MINUTES SEPTEMBER 14, 1992 - PAGE 5 In regard to the sewer charge, it was pointed out that this is an access charge assessed against the property whether it is used or not. Mr. Fox agreed to pay the outstanding sewer charge. Daugherty closed the public hearing at 8:00 p.m. Lewis moved, Gagne seconded to approve RESOLUTION NO. 85-92 "A Resolution Directing Delinquent Sewer and Water Utility Charges, Gty Oean-up Charges and Property Oean-up Charges be Placed on the 1992 Property Tax Rolls." Motion passed 4/0. 7. CONSIDERATION OF LETfER FROM RESIDENT DANIEL WAIBEL ON IJTIT.ITY PENALTY Rolek reviewed a letter received from Daniel Waibel, 19600 Sweetwater Curve, expressing concerns regarding: 1) adding a penalty to delinquent utility bills, 2) the amount of the penalty (10%), 3) legality ofthe penalty, and 4) setting up an automatic direct payment plan with his bank. Rolek researched these issues and informed the Council that of neighboring communities contacted regarding late penalties, all but one added late penalties to accounts not paid by the due date; that in most cases the penalty was 10% (one added a 20% penalty); and that in the City Attorney's opinion the penalty is a late charge and does not constitute "interest." In addition, the automatic payment of utility bills by a bank is an arrangement made directly between the bank and the account holder. Gagne asked for clarification on the bank arrangements and Lewis asked for clarification of the penalty. Keane pointed out that the City's actions are consistent with State statute and reiterated that the penalty is not an interest charge but a late penalty charge. The Council reaffirmed the City's current policy relating to the assessment of late penalty charges and suggested that a written response be sent to Mr. Waibel. 8. CONSIDER A RESOLUTION APPROVING FINAL PlAT - NEITGEADDmON Applicant: James Neitge Location: 25985 Smithtown Road Nielsen noted that the final plat is slightly different than the approved preliminary plat in that Lot 1 has been widened to create more yard space behind the existing house. Staff recommends approval of the final plat which is consistent with the preliminary plat and complies with all Code requirement. Stover moved, Gagne seconded to approve RESOLUTION NO. 86-92. "A Resolution Approving the Plat of Neitge Addition." Motion passed 4/0. 5 . . . REGUlAR CITY COUNCIL MINUTES SEPTEMBER 14, 1992 - PAGE 6 9. CONSIDER EXTENSION FOR RECORDING FINAL PlAT - BOIJT.DER RIDGE ESTATES Applicant: L & M Properties Location: West of Noble Road Nielsen recommended approval of the Applicant's request for an extension to the deadline for recording the final plat due to time involved in vacating the existing cul-de-sac, acquiring additional property and extraordinary wetland mitigation. Lewis moved, Stover seconded to approve an extension for recording the L & M Properties Boulder Ridge Estates final plat to October 13, 1992. Motion passed 4/0. 11. CONSIDERATION OF THE 1993 FIRE CONTRACf BUDGET - CITY OF MOUND Rolek reviewed the 1992 Fire Contract Budget from the City of Mound. Capital outlay is reflected in three areas including 1) new roof over fire station apparatus floor, 2) fresh air intake system, and 3) repair of engine and/or purchase of new tanker. He stated that Shorewood's $4,585 share represents about a 4% increase over the 1992 cost of $4,410. Gagne moved, Stover seconded to approve the 1993 Mound Fire Contract Budget as outlined in the August 14, 1992 Gty of Mound memorandum and attachments. Motion passed 4/0. 12. CONSIDERATION OF A RESOLUTION TO APPROVE A PREllMINARYTAX LEVY FOR 1993 Hurm noted that State statute requires that the City establish a preliminary tax levy by September 15 to be used by the County when it sends out the Truth in Taxation notice in November. Hurm stated that although the budget proposed is decreased slightly from the current year, the levy dollars are increased slightly. He noted that over the past five years City property taxes for Shorewood homeowners has been decreasing. The amount of the decrease depends upon the value of the home and on formulas prescribed by the State. Hurm pointed out that while the taxes apportioned for municipal purposes in Shorewood has decreased, the population has been increasing thereby increasing miles of streets, number of street lights, and maintenance of these and other amenities, yet the budget has remained relatively stable. 6 . . . " REGUlAR CITY COUNCIL MINUTES SEPTEMBER 14,1992 - PAGE 7 Rolek stated that the State changed how the tax capacity is calculated resulting in higher valued homeowners paying a lesser percentage share and lower valued homeowners (under $115,000) paying a greater percentage share in taxes than in previous years. He provided examples of how Shorewood homeowners will be affected by the calculation. Hurm pointed out that the proposed 3.7% tax levy should be factored over a two year period since there was no increase from 1991 to 1992. Daugherty noted that the Council is working closely with the staff to reduce the operating budget and control costs. Stover moved, Lewis seconded to approve RESOLUTION NO. 87-9Z, "A Resolution Approving the 1993 Proposed General Fund Budget and the Preliminary 1992 Property Tax Levy Collectible in 1993." Motion passed 4/0. Lewis recommended that staff continue to work to reduce the 3.7% increase over last year to zero. 13. CONSIDERATION OF BUDGET WORK SESSION TIMES AND OF A RESOLUTION CAUlNG A PUBUC HEARING ON THE 1993 BUDGET AND TAX LEVY Gagne moved, Stover seconded to approve RESOLUTION NO. 88-92. "A Resolution Setting a Public Hearing on the Proposed 1993 General, Water, Sewer and Recycling Fund Budgets and the 1992 Property Tax Levy Collectible in 1993." Motion passed 4/0. The Public Hearing is scheduled at City Hall for 7:15 p.m., Monday, November 30, 1992, and reconvened, if necessary at 7 p.rn., Tuesday, December 1, 1992. The Council agreed that Council budget work sessions be scheduled following the next regularly Council meetings, if time permits, or at a special work session on November 16, 1992. 14. MATfERS FROM THE FLOOR - None. 7 ~" REGUlAR CITY COUNCIL MINUTES SEPTEMBER 14, 1992 - PAGE 8 . 15. STAFF REPORTS A Attorney's Report - None. B. Engineer's Report Dresel briefly reviewed the status of current City projects. C. Planner's Report - None. D. Administrator's Report . Hurm brought the Council's attention to a suggestion to eliminate the time and expense of preparing construction contract pay vouchers for Council review and approval by replacing that policy with the following: 1) Council must have taken action to award the project including a proposed project budget, 2) only intermediate, monthly pay requests within the established budget will be exempt from Council review, 3) Change Orders or Supplementary Agreements will still require Council approval, 4) final pay request will still be subject to Council approval, and 5) pay vouchers are processed and approved by the Project Manager, Finance Director, and City Administrator and listed on the Council's check approval list before payment. In addition, the Council would be kept informed of the status of construction projects by intermittent financial reports and updates. Dresel stated that the current policy is a carry-over from procedures used when the business of townships was conducted essentially by boards without administrative staff. The Council agreed that the suggestion be placed on the Agenda for consideration at its next meeting. Hurm brought the Council's attention to a communication received from the Waste Control Commission regarding a 40% increase in the City's service charge. Rolek reviewed cost allocations for neighboring communities and the Commission's billing methods. He stated that Shorewood has experienced 40% increases over the past two years. Dresel reviewed actions taken by Shorewood regarding waste control, problems related to input/inflow measurement procedures and the Waste Control Commission's position on various matters. The Council agreed that such an increase does not appear to be justified and directed staff to pursue options for challenging the increase in the service charge including arranging a meeting with other affected neighboring communities. . Hurm brought the Council's attention to the proposed Excelsior Fire Department Budget noting a significant increase due to an increased transfer of funds to the equipment account in 1993. He stated that a proposal for a gradual increase in the equipment budget was presented to Excelsior by the City Administrators. Further discussion on this matter will be included in the budget work session. 8 ~ . ,...~. . ) REGULAR CITY COUNCIL MINUTES SEPTEMBER 14, 1992 - PAGE 9 . 16. COUNCIL REPORTS - None. 17. ADJOURNMENT SUBJECT TO APPROVAL OF ClAIMS Gagne moved, Stover seconded to adjourn the City Council Meeting at 9:20 p.m., subject to the approval of claims. Motion passed 4/0. RESPECfFUlLY SUBMr.'."ED, Arlene H. Bergfalk Recording Secretary Northern Counties Secretarial Service . ATIEST: J ~.e/~ C. HURM, CITY ADMINISTRATOR ij1b.)r ~t-~~\vi\1A(,I/,~,/l~ ROBDAUGHERTY,ACflNG MAYOR . 9