110992 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, NOVEMBER 9, 1992
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
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, Lewis and Stover;
Attorney Keane and Finance Director Rolek.
Absent:
City Administrator Hurm and Planner Nielsen.
B.
REVIEW AGENDA
Stover moved, Gagne seconded to approve the agenda for November 9, 1992.
Motion passed 5/0.
2. APPROVAL OF MINUTES - None.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for November 9, 1992.
Gagne moved, Stover seconded to approve the Consent Agenda and to adopt the
Resolutions and Motions therein.
A. RESOLUTION NO. 110-92 "A Resolution Authorizing Submittal of the 1993
Hennepin County Grant Application for Residential Recycling Funding."
B. A Motion Authorizing a Response Dated November 10, 1992, to Bennett Family
Park Request for Funds.
c.
RESOLUTION NO. 111-92 "A Resolution Granting a CUP for the Construction of
a Temporary Warming House - Manor Park."
E.
A Motion Approving Change Order No. 5 - Rochon Corporation for the Public
Works Facility.
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REGULAR CITY COUNCIL MINUTES
NOVEMBER 9, 1992 - PAGE 2
F.
RESOLUTION NO. 112-92 "A Resolution Authorizing the Placement of a Stop Sign
on Vine Street at its Intersection with Manor Road."
G. A Motion Authorizing the Transformation of Freeman Field No.2 from a Babe Ruth
to a Multi-Purpose Field.
H. A Motion Approving a Change to the Trail Plan Designation Along Old Market
Road to include both an on-street bike trail and off-street pedestrian trail.
1. RESOLUTION NO. 113-92 "A Resolution Denying a Setback Variance to John
Leebens, 23825 Smithtown Road."
Motion passed 5/0.
4. PARK
A. Report on Park Commission Meeting of October 27, 1992.
Lewis reported that the Park Commission discussed the changes to the Transportation
Program, the Little League designation, and the Capital Improvement Program.
5.
PIANNING
A. Report on Planning Commission Meeting of October 27, 1992.
Stover reported that the Planning Commission reviewed the proposed amendments to the
Shoreland Management Regulations which are required under the State's Department of
Natural Resources rules.
6. MATTERS FROM THE FWOR
John Chandler, 28200 Woodside Road: When the village put in the sewer system all
property was measured for the purpose of making assessments based on buildable lots. It
was determined I had two buildable lots so I received two sewer assessments. When I went
to divide my property for the purpose of creating a separate building site on the rear portion
of my lot, I was informed by Brad (Nielsen) that I needed a survey showing the actual
square footage. The city said I had 84,942 square feet, but when I had it surveyed it came
bq.ck that I actually have 73,500 square feet. I had the surveyor divide the property lines to
show how I would have 40,000 on the rear lot and 33,500 on the front lot where my present
house is. Brad told me to take it to the Planning Commission as a subdivision, but that I
would need a complete survey showing distance from structures, roads and utilities with
elevations and so on. This will cost me approximately $2,000. I realize it has to go through
the Planning Commission, but I thought I would come to the Council before spending that
money and would like to know whether it would be possible to divide the property. I can
get an easement from my neighbor to come in from the cul-de-sac.
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REGUlAR CITY COUNCIL MINUTES
NOVEMBER 9, 1992 - PAGE 3
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Brancel stated the Council can not act on this now, but will take it under advisement and
the staff will contact Mr. Chandler.
LeRoy Bishop, 24140 Smithtown Road: Two weeks ago I presented a petition requesting
relief from the lights and noises of the Public Works facility. Nothing has been done about
it and the snow has increased the intensity of the lights. I also asked at that meeting that
members of the Council come up to my driveway and observe the nuisance the lights have
made. Many of you were at the grand opening of the facility and I am puzzled and
somewhat hurt that I was not given the courtesy of anyone walking across the field to talk
with me that evening. I was looking for someone from the Council to visit. Nielsen pointed
out that you have an ordinance that calls for a maximum of four candles of light at the
property line from any structure that has outdoor lighting. My meter registers well over
that. Why were those lights turned on and left on before the requirements of the ordinance
were checked. The lights are not necessary, there is no need for them. If they are for
- security reasons, why can't a motion detector be installed. After the Council meeting, I
received a letter from Mr. Hurm. (Bishop read the Hurm letter dated November 5, 1992
and commented on its contents).
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Brancel stated that the staff has been directed to investigate this matter and take action to
alleviate the situation. She stated that diffusers are on order and will be installed as soon
as possible. Brancel noted that the City had offered to build a berm designed to avoid the
lighting from encroaching on Mr. Bishop's property, but that Bishop had denied the City's
proposed plans. Brancel stated she will meet privately with Mr. Bishop to resolve this
matter.
7. STAFF REPORTS
A. Attorney's Report
- MWCC Update
Keane reported that since the Council's meeting on October 26, a meeting was held with
the MWCC at the Tonka Bay city hall with representatives from Tonka Bay, Minnitrista,
Spring Park, Orono and Shorewood. The respective cities gave comments regarding the
increase in the waste control charges. Keane noted that of the six communities receiving the
highest adjustments, five were Lake Minnetonka communities. He stated that much of the
MWCC's presentation at that meeting was material covered by them at previous meetings.
Keane stated that it appeared that the MWCC was not inclined to address the Cities'
concerns; however they did note that $200,000 has been allocated for communities to use
for III programs throughout the 7 -county area. Keane reported on a subsequent meeting
held with Dirk DeBries, the Metropolitan Council liaison, and Gloria Vierling, the regional
MWCC representative, Mayor Brancel and Al Rolek. Keane stated he came away from that
meeting with the impression that MWCC acknowledged that we have a problem, but
. expressed an attitude of indifference. Keane indicated that he will call an Executive Session
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REGULAR CITY COUNCIL MINUTES
NOVEMBER 9, 1992 - PAGE 4
of the Council to discuss his recommendations for further action. Council members
reiterated their concerns regarding the increases and their support for initiating legal action.
B. Engineer's Report - None.
C. Planner's Report - None.
D. Administrator's Report
Canvassing Board Report
Keane noted that the Canvassing Board's report of election results has been certified to the
County. He informed the Council that a re-count, open to the public, in the Mayoral
election will take place in the Council Chambers on Thursday, November 12 at 10 a.m. The
re-count result will be re-certified to the County.
8. COUNCIL REPORTS
A. Mayor Brancel - None.
B. Councilmembers - None.
9.
ADJOURNMENT SUBJECT TO APPROVAL OF ClAIMS
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Gagne moved, Stover seconded to adjourn the City Council Meeting at 7:50 p.rn., subject
to the approval of claims.
Motion passed 5/0.
The Council re-convened in a Work Session at 8:00 p.m. to consider the 1993 Operating
Budget and Five Year Capital Improvement Program. The Work Session adjourned at
10:10 p.m.
RESPECfFUIL Y SUBMIl"l'ED,
Arlene H. Bergfalk
Recording Secretary
Northern Counties Secretarial Services
ATTEST:
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C. HURM, CITY ADMINISTRATOR
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