080993 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, AUGUST 9, 1993
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
The meeting was called to order by Acting .Mayor Daugherty at 7:05 p.m.
A.
Pledge of Allegiance
B.
Roll Call
Present:
Councilmembers Benson, Daugherty, Lewis and Stover; Administrator Hurm,
Engineer Dresel, Attorney Keane, Planning Director Nielsen and Financial
Director Rolek.
Absent:
Mayor Brancel.
C.
Review Agenda
Daugherty requested that Agenda Item 7, "1994 Contract for Assessing Services" be moved
to the Consent Agenda and requested that Agenda Item 5.A, "A Resolution making an
appointment to the Planning Commission" be removed and deferred. The Councilmembers
concurred with the requested changes to the Agenda for August 9, 1993.
2. APPROVAL OF MINUTES
Stover moved, Benson seconded to approve the City Council Minutes of July 26, 1993.
Motion passed 4/0.
3. CONSENT AGENDA
Acting Mayor Daugherty read the Consent Agenda for August 9, 1993, as amended. Item
#3A a motion to approve a sign permit for LCO. at County Road 19 was postponed.
Stover moved, Lewis seconded to approve the Consent Agenda and to adopt the Resolution
and Motions contained therein:
B. A Motion to Approve a Temporary Sign Permit - Shorewood Nursery.
Applicant: Gary Minion. Location: 23505 Smithtown Road.
C.
RESOLUTION NO. 93-66 "Approving the Final Plat of Christmas Lake
Ridge."
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REGULAR CITY COUNCIL MINUTES
August 9, 1993 - PAGE 2
D.
A Motion to Authorize Execution of a Contract for City Assessing Services
from September 1, 1993 through August 31, 1994.
Motion passed 4/0.
4. PARK - Report on the July 27th meeting.
Benson reported the Commission formed a task force to consider the snowmobiling
ordinance.
5. PLANNING - Report of July 28 and August 3 meetings.
Doug Malam, Commissioner, reported on the actions and discussions of the Planning
Commission at its July 28 meeting/work session and August 3 meeting.
A. A Resolution making an appointment to the Planning Commission - Removed
from a2enda.
B. A proposed Resolution approving a simple subdivision and lot width variance.
Applicant: Wallace & Elizabeth Peck. Location: 25975 Wild Rose Lane.
The Planning Commission on a 4/3 vote recommends approval of the subdivision and lot
width variance subject to certain conditions. Stover stated the compromise developed to
allow the applicants' simple subdivision and lot width variance provides for the correction
of the encroachment of the two sheds upon change of title or addition of accessory buildings
to the property. Nielsen stated the conditions are contained in the Resolution and will be
recorded with the property.
Lewis moved, Stover seconded to adopt RESOLUTION NO. 93-67, "A Resolution Approving
a Subdivision and Lot Area Variance For Wallace and Elizabeth Peck."
Motion passed 4/0.
6. VISITOR'S PRESENTATION - Representative of the LMCD
Mr. Scott Carlson, Mayor of Minnetrista, and LMCD Treasurer, discussed the LMCD's 1994
budget with particular emphasis on the milfoil budget. He stated according to Finance
Director Rolek's analysis of Shorewood's portion of the budget, the combined amount for
milfoil and administrative levies exceeds the amount allowed by legislation. He pointed out
the milfoil program contribution, however, is on a voluntary basis. Carlson reviewed the
status of the milfoil program noting that a significant number of cities have declined to
make the contribution to the program for 1994 and urged the Council to approve
continuation of funding for milfoil harvesting. In 1993, the reserves were drawn down to
decrease the Cities' administrative levies as a one-time reduction. In order for the LMCD
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August 9, 1993 - PAGE 3
to broaden its financial base, it is the intent of the LMCD's management plan to increase
fees to users through licensing and dock fees rather than have the cities bear a
disproportionate share of its costs. Carlson explained that neither the DNR nor the County
is contributing funds for milfoil in 1994, therefore, LMCD will be drawing down its General
Fund and Save the Lake reserves to make sure adequate funding for the program is
available in 1994. In trying to achieve the objectives of the management plan, more time
and funds will be allocated to environmental studies of the lake. Carlson responded to
questions from the Councilmembers. He suggested the Councilmembers contact legislators
and County Commissioners regarding funding issues.
7. 1994 CONTRACT FOR ASSESSING SERVICES - Added to and acted upon under
Consent A2enda - Item 3.D.
8. A MOTION APPROVING THE SOUTH LAKE POLICE 1994 OPERATING
BUDGET
Rolek stated the Public Safety budget for the coming year appears to be very conservative.
The total expenditure budget is $800 lower than the 1993 budget. Shorewood's 1994 portion
of the budget will increase 4.7%. Hurm pointed out that as Shorewood grows, its share of
the budget will also increase.
Benson moved, Stover seconded to approve the South Lake Minnetonka Public Safety
Department 1994 Budget submitted by Chief Rick Young on behalf of the Coordinating
Committee detailed in his memorandum and attachments dated July 16, 1993.
Motion passed 4/0.
9. CONSIDERATION OF REFUND REOUEST
Rolek reviewed the request of Mrs. Jackie Johnson, 5865 Division Street for abatement of
a penalty on her utility account. She mailed her check for payment of the bill from Mesa,
AZ on April 15, but City records do not show a credit to the account until May 13, thereby
incurring a late penalty. Johnson states the delay in crediting her account is the result of
mishandling by the post office or the City offices. Rolek reviewed the City's procedures for
handling of mail and indicated that the envelope was destroyed without notation of the post
mark date. A review of Mrs. Jackson's account shows late penalties in January and April of
1991.
Lewis stated the City cannot be responsible for mishandling by the postal service and while
Mrs. Jackson may seek relief from the postal service, the penalty should stand. Daugherty
and Stover agreed the City's policy regarding penalties for late payments should be adhered
to in this case.
Benson moved, Stover seconded to deny the request of Mrs. Jackie Johnson, 5865 Division
Street, for penalty abatement on a utility account.
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REGULAR CITY COUNCIL MINUTES
August 9, 1993 - PAGE 4
Motion passed 4/0.
10. CONSIDERATION OF APPOINTMENTS TO A COOPERATIVE SERVICES
ADVISORY GROUP
Hurm stated Shorewood will be working with the other Lake Minnetonka cities to find ways
for the cities to more effectively deliver services to the Lake area residents. Residents who
are interested in encouraging this cooperation are asked to volunteer to serve on an advisory
committee to the City Council. Hurm reviewed the responsibilities of the committee and
indicated the group would meet quarterly. Further information will be included in the
September newsletter. The Council will make appointments to the committee in October.
Lewis encouraged residents to volunteer to serve on this committee to work further to save
money by combining delivery of services which are currently provided independently by each
city. Stover pointed out this is a cooperative effort, not a merger consideration.
11. CONSIDERATION OF A 5 YEAR CONTRACT FOR FIRE DEPT. SERVICES
Hurm brought the Council's attention to his memorandum dated August 5, 1993 including
comments and recommendations on Excelsior's proposal and analysis on the fire department
formula. The recommendation is that the City of Shorewood accept Excelsior's proposal
of 7/21/93 with the following understandings: 1) agreement will be for a 5-year period; 2)
it will be based on 50% tax capacity (most recent) and 50% number of calls averaged over
the 3 most recent years; 3) 1994 budget amount should not exceed $286,305 (a $12,000
reduction from the request of $298,305); and 4) Shorewood's tax capacity each year will be
reduced by the tax capacity of the Islands.
Lewis inquired whether an adjustment was made for the tax capacity of the Islands. Hurm
replied there is no adjustment for the Islands. Rolek stated the City of Mound serves the
Islands with fire protection at an annual cost of about $2300. Hurm referred to other
recommendations to be addressed during development of the 5-year agreement document.
Hurm pointed out that 'as Shorewood grows, both the usage and tax rate will increase so
it should be anticipated that Shorewood's future costs will be higher than that of other
communities.
Lewis moved, Stover seconded to accept Excelsior's proposal for a Five Year Fire Contract,
with the understandings detailed in Hurm's memorandum of August 5, 1993 with notation
of the additional recommendations proposed by Hurm to be addressed during development
of the agreement.
Motion passed 4/0.
12. BLOCK PARTY REQUEST - WATERFORD ASSOCIATION
Stover moved, Lewis seconded to approve a citizen's request for the temporary closure of
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REGULAR CITY COUNCIL MINUTES
August 9, 1993 . PAGE 5
Muirfield Circle for a Block Party on September 11, 1993 from 4 p.m. to 10 p.m.
Motion passed 4/0.
13. 8:00 P.M. INFORMATIONAL MEETING
A. Presentation of and public input on a special assessment ordinance for street
reconstruction projects
Daugherty opened the informational meeting at 8:00 p.m.
Dresel reviewed the history of the development of the special assessment ordinance. He
explained the proposed assessment formula which would assess 1/3 of a street's
reconstruction costs to its residents and the balance would be paid through property taxes.
He stated it was the intent of the task force which developed the policy that it be fair for
all residents.
Hurm provided additional explanation on the purpose of the policy. Dresel and other staff
answered questions from residents present at the meeting. The Council acknowledged
receipt of a letter dated August 8, 1993 from Mr. Allan Johnson, 5865 Strawberry Lane
outlining his opposition to the proposed policy.
Daugherty closed the public information meeting at 8:55 p.m. Residents were encouraged
to submit additional comments/suggestions in writing or by contacting the Council members.
B. Consideration of an Ordinance amending Chapter 901 of the Shorewood City
Code adopting an Assessment Policy for Street Reconstruction
Following an open discussion, the Councilmembers agreed it would be beneficial for the full
Council to discuss and consider further the proposed assessment policy for street
reconstruction before action is taken.
Daugherty moved, Stover seconded to defer consideration, discussion and action regarding
the Ordinance to amend Chapter 901 of the Shorewood City Code to the next meeting.
Motion passed 4/0.
The meeting recessed at 9: 10 p.m. and reconvened at 9: 15 p.m.
14. MATTERS FROM THE FLOOR - None.
15. ADMINISTRATOR AND STAFF REPORTS
A.
Objectives for 1994 Budget
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REGULAR CITY COUNCIL MINUTES
August 9, 1993 - PAGE 6
Hurm brought the Council's attention to the proposed 1994 budget objectives and invited
the members to contact him with any concerns or questions regarding the objectives. He
noted the objectives are the foundation for the operating budget to be submitted to the
Council shortly for its consideration.
B. Traffic on Beverly Drive & Cajed Lane
Hurm brought the Council's attention to an on-going problem and neighborhood complaints
of cut-through traffic in the area of Cajed Lane and Beverly Drive. According to residents,
traffic often speeds and fails to stop at the stop sign. A memorandum from the Police Chief
lists enforcement activity in that area during 1992. Hurm outlined a number of options to
provide relief for the residents involved.
The Council acknowledged receipt of a letter dated July 21, 1993 from John, Beth, Ginny,
Kerry Coverdale, 26930 Beverly Drive, detailing the problems and requesting assistance in
improving the situation. In addition, a number of residents attending the meeting who live
on the affected streets, including the Coverdales, explained the dangerous traffic and safety-
related problems.
The Councilmembers, staff, and residents discussed the situation and considered possible
solutions to alleviate the dilemma.
Daugherty moved, Stover seconded to request the Police Department to conduct random
traffic monitoring in the area of Cajed Lane and Beverly Drive using unmarked vehicles
parked in the driveways of residents for a 2-month period and provide a comprehensive
report of the monitoring activity (number of citations issued, dates, times, etc.) and request
the staff to study the situation and provide suggestions for resolution.
Motion passed 4/0.
C. Attorney's Report on Sewer Backup Insurance Investigation
Keane presented an update on the sewer backup insurance investigation and explained the
position of the League of Minnesota Cities Insurance Trust; that is, it is not denying the
claim, but denying the liability. The City has responded stating that it expects LMCIT to
live up to its obligation of coverage or proceedings would be initiated.
D. MWCC Issues
Keane reported on the results of a meeting held with MWCC and City staff members: 1)
MWCC has discovered that the III problem it had previously reported in the East side of
Shorewood has now been determined to be in the West side of Shorewood; 2) MWCC
intends to request the Metropolitan Council to initiate action to certify to the County
Auditor for assessment to the Community sewer charges which have accumulated during
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REGULAR CITY COUNCIL MINUTES
August 9, 1993 - PAGE 7
1993 resulting from the decision to pay Shorewood's monthly installment for sewer service
based on 1992 rates.
During discussion, Hurm suggested the Council may wish to consider increasing the sewer
rate in view of forthcoming significant legal and technical engineering costs related to this
Issue.
Rolek noted the Council must set public hearing dates regarding its 1994 Budget. A
schedule of Council meeting dates showing the budget public hearings will be distributed.
There were no reports from the Engineer or Planning Director.
16. MAYOR AND COUNCIL REPORTS
Lewis referred to the noxious odor which continues to pervade his neighborhood. Dresel
indicated he will obtain a cost estimate to retain a consultant to analyze this problem.
Stover briefly commented on the proposal of an adjacent city to appoint an alternate LMCD
member.
17. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Benson moved, Lewis seconded to adjourn the City Council Meeting at 10:40 p.m., subject
to the approval of claims.
Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
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ROB DAUGH~RTY, ACTING MAYOR
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J ES C. HURM, CITY ADMINISTRATOR
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