022894 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, FEBRUARY 28, 1994
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
The meeting was called to order by Mayor Brancel at 7:48 p.m.
A.
Pledge of Allegiance
B.
Roll Call
Present:
Mayor Brancel; Councilmembers Benson, Daugherty, and Lewis;
Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director
Nielsen, and Financial Director Rolek.
Absent:
Councilmember Stover.
c.
Review Agenda
. The Council accepted the Agenda as circulated for February 28, 1994.
2. APPROVAL OF MINUTES
City Council Regular Meeting, Executive Session & Work Session Minutes -
February 14, 1994
Daugherty moved, Lewis seconded to approve the Regular Council Meeting, Executive
Session, and Work Session minutes of February 14, 1994.
Motion passed 4/0.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for February 28, 1994.
Benson requested that Agenda Item 3.F. be removed from the Consent Agenda and placed
on the Regular Agenda.
Lewis moved, Benson seconded to approve the Consent Agenda, with the removal of Item
3.F, and to adopt the Resolutions and Motions therein:
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REGULAR CITY COUNCIL MINUTES
FEBRUARY 28, 1994 - PAGE 2
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A. RESOLUTION NO. 94-20 "A Resolution Granting a Setback Variance to John
Einhorn." (5580 Howard's Point Road)
B. Motion to Approve an Extension to May 1, 1994 of Deadline to Comply with a Notice
to Remove. Ed Cameron, 26580 West 62nd Street.
C. Motion to Approve an Extension to March 28, 1994 of Deadline to Comply with a
Notice to Remove. Delores Tessier, 25725 Eureka Way.
D. RESOLUTION NO. 94-21 "A Resolution Proclaiming Volunteers of America Week
March 6-13, 1994."
E. Motion Setting a Public Hearing Regarding 1994 (Year XX) Urban Hennepin County
CDBG Program for March 14, 1994 at 7:15 p.m.
F. Motion to Authorize Placement of Street Lights-Lawtonka Drive. REMOVED AND
PLACED ON REGULAR AGENDA.
G. RESOLUTION NO. 94-22 "A Resolution Granting a Lot Area Variance and
Subdivision of Real Property for Gregory Erickson." 5290 Howard's Point Road
. Motion passed 4/0.
3.
F.
Motion to Authorize Placement of Street Lights - Lawtonka Drive
Benson referred to letters received from affected residents objecting to the possible
installation of two street lights on Lawtonka Drive. Residents stated the light proposed for
the middle of the block would be intrusive to their neighborhood, is unnecessary and
undesirable. Nielsen explained that the residents objected to the second light in the middle
of the block, but did not state opposition to the installation of one light at the west end of
the cul-de-sac street recommended by the staff.
Linda Anderson, 23750 Lawtonka Drive, inquired about the City's criteria for installation
of more than one street light. Nielsen explained the City's policy which allows a light at the
end of cul-de-sacs, intersections, steep hills or curves, or traffic hazard locations, i.e.,
concerns related to traffic safety rather than to security.
Benson moved, Daugherty seconded to authorize the placement of one street light at the
west end of the Lawtonka Drive cul-de-sac.
Motion passed 4/0.
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REGULAR CITY COUNCIL MINUTES
FEBRUARY 28, 1994 - PAGE 3
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4.
PUBLIC HEARING 7:30 P.M. - CONSIDERATION OF ADOPTION OF A WATER
UTILITY ORDINANCE AND STANDBY CHARGES TO PROPERTIES
BENEFITTED BY A DRY HYDRANT FIRE PROTECTION SYSTEM
Mayor Brancel began the Council meeting at this point in the Agenda, following an
Executive Session which ran from 7 p.m. to 7:45 p.m.
Dresel identified the three dry hydrant fire protection locations on the Islands. He
explained that the system consists of a pipe placed into the lake connected to a regular
hydrant on land for fire department use. According to the Mound Fire Chief, hydrant
placement will provide adequate protection for the properties. Residents petitioned for
installation of the dry hydrants approximately 2 years ago based on problematic coverage
of fires which have occurred on the Islands.
Hurm stated the cost of the project is estimated at $50,000 but the final cost to each
property owner will be determined upon completion. Payment options to the 93 owners
would be to pay the total amount (approximately $550) up front or spread it out on the
quarterly utility bill over a 15 year period (approximately $13.67/quarter, 6% interest).
Hurm clarified that this is not a special assessment, but is a utility charge allowed under the
ordinance established.
. Brancel opened the public hearing at 7:48 p.m.
Jeff Foust, 4960 Shady Island Circle, president of the Shady Island Homeowners Association,
presented a tabulation of the opinions of 29 residents (8 of which are part-time): 15
indicated approval, 1 expressed opposition-too expensive, 2 were neutral, the remainder did
not respond for various reasons. Foust expressed support for installation of the system
because it will add security for residents and reduce adjacent property damage in the event
of a fire.
Steve Erickson, Mound Fire Department Chief, reiterated that the system will strengthen
protection and safety for the Island residents. He explained the technical aspects of the
system and responded to questions.
Gerald Grewe, 4550 Enchanted Point, explained Code and insurance requirements related
to fire protection and stated that many other localities have installed and successfully
operate similar systems as part of their fire protection services.
Brancel closed the public hearing at 8:02 p.m.
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Council accepted the Homeowners Association opinion tabulation for the record. The
Council noted its previous review of the proposal and agreed the system will provide valid
essential service for the affected homeowners. Hurm stated installation is scheduled for the
Spring. The Council will establish the exact cost per property owner upon completion of
installation.
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REGULAR CITY COUNCIL MINUTES
FEBRUARY 28,1994 - PAGE 4
A.
Motion to Adopt a Resolution Approving an Amendment to the CIP Budget
Authorizing the Dry Hydrant Project
Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 94-23, "A Resolution
Making a Capital Budget and Capital Improvement Program Amendment-Dry Hydrants
for the Islands."
Motion passed 4/0.
B. Motion Accepting Quotes and Authorizing to Proceed on the Dry Hydrant Project
Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 94-24, "A Resolution
Relating to the Awarding of Construction Contracts for Multiple Dry Hydrant Fire
Protection Systems."
Motion passed 4/0.
C. Motion Adopting a Water Utility Ordinance
Daugherty moved, Lewis seconded to adopt ORDINANCE NO. 286, "An Ordinance
Establishing a Dry Hydrant Fire Protection Utility District."
Motion passed 4/0.
5. CONSIDERATION OF REQUEST OF THE SOUTHSHORE SENIOR CENTER
TASK FORCE
Motion to Adopt a Resolution Authorizing Staff to Draft a Joint Powers Agreement with
other South shore Communities regarding the Southshore Senior Center
Robert Gagne, representing the Southshore Senior Center Task Force, introduced Larry
Blackstad, Hennepin County Housing Authority staff member. Blackstad explained the
proposed financing of the senior center. It is a multi-jurisdictional project therefore the cost
of a 20-year Hennepin County Housing and Redevelopment Authority bond would be levied
across the five participating cities to meet the capital requirements of the project similar to
a school district bond. Each City Council would be required to authorize the levy for its
respective residents.
Blackstad responded to questions from the Councilmembers. He explained that if any
city(s) does not participate, the levy would be spread across the remaining cities thereby
increasing the cost to residents in those cities. Blackstad explained that variations to the
proposed levy system such as a lump sum payment or city rather than resident payments
would alter the character of the bond as proposed and would require study to determine
feasibility and cost implications. He clarified that under the current financing proposal, the
Cities would only be the vehicle by which the cost would be levied to residents.
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REGULAR CITY COUNCIL MINUTES
FEBRUARY 28, 1994 - PAGE 5
Gagne presented a specific example of tax assessments over a 20-year period for a
Shorewood resident (with all things remaining equal): Schools-$ 17,658; Shorewood-$4,61O;
Senior Center-$lOO. He stated the task force recommends and supports the financing
proposal presented. Gagne explained that after the joint powers agreements are acted upon
by the participating cities, additional financing options could be discussed. He pointed out
that drafting of a joint powers agreement is the first step in the process. He distributed
information regarding methods for meeting operating expenses and stated it is expected that
the Center will be self-sustaining.
Brancel read the resolution before the Council which would authorize the staff to draft a
joint powers agreement with four other Southshore communities for construction of a senior
center as proposed by the task force. The Councilmembers agreed the investment is
worthwhile, the projected individual cost is manageable, senior citizens are deserving of the
center and addition of the center would enhance the cities and provide beneficial results to
the area. It was noted that this is the first step in approaching construction of a Southshore
senior / community center.
Brancel moved, Daugherty seconded to adopt RESOLUTION NO. 94-25, "A Resolution
Authorizing Staff to Draft a Joint Powers Agreement with other Southshore Communities
regarding the South shore Senior Center."
. Motion passed 4/0.
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Mayor Brancel encouraged the other Southshore communities to support construction of the
proposed senior/community center.
6. CONSIDERATION OF STREET LIGHT INSTALLATION - SMITHTOWN ROAD
AND HOWARD'S POINT ROAD
Nielsen explained that this proposal for installation of a street light at Smithtown Road and
Howard's Point Road resulted from the Council's prior consideration of another request for
lights petitioned by residents on Brentridge Drive. He stated this installation meets the
City's criteria for a street light for traffic safety reasons and recommended its approval.
Diana Eckerberg, 27260 Smithtown Road, inadvertently understood that the proposal was
for a traffic light rather than a street light at the subject intersection and expressed
opposition to installation of the traffic light.
Daugherty moved, Lewis seconded to authorize installation of a street light at the
intersection of Smithtown Road and Howard's Point Road.
Motion passed 4/0.
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REGULAR CITY COUNCIL MINUTES
FEBRUARY 28, 1994 . PAGE 6
7.
PARK - Report by Steve Dzurak
Park Commissioner Dzurak directed the Council's attention to the Commission's proposals
for a park and landscape plan for Silverwood Park and for the purchase of playground
equipment for Silverwood and Freeman Parks presented for Council consideration and
approval.
Dzurak responded to questions from the Councilmembers regarding the slides at Silverwood
Park and explained the rationale for purchase of the equipment by the Park Foundation in
order to save money. He reviewed the selection process for playground equipment. Dzurak
explained the status of the Commission's consideration of a petition for a platform tennis
court at Silverwood Park and indicated a decision has not yet been made regarding such an
installation. Lewis encouraged retaining green space in the parks and supported the use of
quality materials in construction of trails and paths. It was noted that surrounding residents
were sent copies of the Silverwood plans. While no comments regarding the proposal were
received, some residents offered to serve as volunteers where needed.
A. Silverwood Park
1. Consideration of Approval of Landscape Plan
Daugherty moved, Benson seconded to approve the Silverwood Park landscape plan.
Motion passed 4/0.
2. Motion Accepting Silverwood Park Plan
Daugherty moved, Benson seconded to accept the Silverwood Park plan. Motion passed
4/0.
B. Playground Equipment
Consideration of a Recommendation Regarding Purchase of Playground Equipment for
Silverwood and Freeman Parks
Benson noted that sales tax on the equipment is included in the proposals submitted and
suggested that the cost of the purchases be reduced by such taxes since the tax-exempt Park
Foundation will make the purchase. Hurm described the status of the proposed Park
Foundation and explained that the City will donate to the Foundation the park funds
designated in the capital improvement program. It was noted that grading in the parks is
a separately contracted expenditure.
Daugherty moved, Benson seconded to authorize the purchase of playground equipment
from Minnesota Playground Inc. of Golden Valley, Minnesota, for up to $28,000 for
Silverwood Park and $20,000 for Freeman Park South. Should the Shorewood Park
Foundation be established in a timely fashion, the Council hereby authorizes the donation
REGULAR CITY COUNCIL MINUTES
FEBRUARY 28,1994 - PAGE 7
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of these amounts to said Foundation as its initial park improvement project.
Motion passed 4/0.
8. PLANNING - Report by Representative
Planning Commissioner Pisula reported on the discussions and actions taken by the
Commission at its February 15, 1994 meeting.
A. Resolution Approving a Simple Subdivision. Jack Duda, 20845 Idlewild Path.
Lewis moved, Benson seconded to adopt RESOLUTION NO. 94-26, "A Resolution
Approving Subdivision of Real Property." Jack Duda, 20845 Idlewild Path.
Motion passed 4/0.
B. Resolution Approving a Simple Subdivision. Warren McCurdy, 5360 Vine Hill Road.
Lewis moved, Benson seconded to adopt RESOLUTION NO. 94-27, "A Resolution
Approving Subdivision of Real Property." Warren McCurdy, 5360 Vine Hill Road.
. Motion passed 4/0.
9. MATTERS FROM THE FLOOR - None.
10. DISCUSSION ON POLICY ISSUES - None.
11. ADMINISTRATOR AND STAFF REPORTS
Schedule of Rental Housing Code Inspections and Close of Sump Pump Program
Hurm briefly reported on the status of the rental housing and sump pump inspections and
stated full reports and recommendations will be made at a future meeting. Brancel
encouraged renters in the City to communicate their input regarding the inspection program
to the staff or to the Mayor at City Hall.
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Keane reported on the status of the City's legal action against the Metropolitan Waste
Control Commission (MWCC). On February 25, 1994, a district court judge heard the
City's request for an expedited trial and the MWCC's request to dismiss for lack of
jurisdiction. The issues were considered on the basis of whether the district court can hear
these questions. The MWCC argued the issued should be considered by the Minnesota
Court of Appeals. The judge ruled that the MWCC is a state agency and that their decisions
as a state agency should be reviewed by the Court of Appeals. Keane explained why he
believes the Court misapplied the case upon which the judge relied on to make that
decision. Keane maintains that the City is entitled to have the opportunity to be heard and
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REGULAR CITY COUNCIL MINUTES
FEBRUARY 28, 1994 - PAGE 8
to present its evidence and facts regarding the matter and preferably by an administrative
law judge. Keane advised the Council that he will present a recommendation to them
within the next 30 days that the district court's ruling be challenged. He responded to
questions from the Councilmembers.
12. MAYOR AND CITY COUNCIL REPORTS - None.
13. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Benson moved, Daugherty seconded to adjourn the City Council meeting at 9:15 p.m. and
to reschedule the work session to a future meeting.
Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
. ATTEST:
.
1
CEL, MAYOR
UNA~~
c. HURM, CITY ADMINISTRATOR