050994 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, MAY 9, 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 7:43 p.m.
A.
Pledge of Allegiance
B.
Roll Call
Present:
Mayor Brancel; Councilmembers Benson, Daugherty, Lewis and Stover;
Administrator Hurm, City Engineer Dresel, City Attorney Keane, and Finance
Director Rolek.
C.
Review Agenda
Benson moved, Daugherty seconded to approve the agenda for May 9,1994. Motion passed
5/0.
2. APPROVAL OF MINUTES
City Council Regular Meeting and Work Session Minutes - April 25, 1994
Lewis moved, Benson seconded to approve the Regular Council Meeting Minutes of April
25, 1994, amended on page 4, paragraph 1, beginning on line 3, by deleting the words:
"indicated that he tended to agree that larger density is more desirable," and the Work
Session Minutes. Motion passed 5/0.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for May 9, 1994.
Lewis moved, Benson seconded to approve the Consent Agenda and to adopt the
Resolutions and Motions therein:
A. RESOLUTION NO. 94-40, "A Resolution Approving Intoxicating Liquor License-
Sunday & Club." American Legion Post #259, 24450 Smithtown Road; June 1, 1994-
May 31, 1995.
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REGULAR CITY COUNCIL MINUTES
May 9, 1994 - PAGE 2
B.
RESOLUTION NO. 94-41, "A Resolution Approving Intoxicating Liquor License On-
Sale of Intoxicating Liquor & Special Sunday Sales." Minnetonka Country Club,
24575 Smithtown Road; June 1, 1994-May 31, 1995.
C. RESOLUTION NO. 94-42, "A Resolution Approving Non-Intoxicating Malt Liquor
License." Vine Hill Market, 19215 State Highway 7; June 1, 1994-May 31, 1995.
D. Motion to Authorize the Hiring of a Part-time Clerical Assistant (contingent upon
successful completion of a background check and reference check).
E. RESOLUTION NO. 94-43, "A Resolution Approving a License for Tree Trimmers."
Aaspen Tree Service, 970 Wayzata Blvd.West; May 9, 1994-December 31, 1994.
F. Motion to Approve a Supplemental Agreement with Hardrives, Inc., Plymouth, MN,
for an amount not to exceed $83,870.00, for City Hall Bituminous Parking Lot,
Storm Sewer and Appurtenant Items, City Project No. 93-1.
G. Motion Approving an Agreement with GME Consultants, Inc., Minneapolis, MN, in
the amount of $1,390 for Soil Testing Service in Freeman Park.
Motion passed 5/0.
4.
1993 ANNUAL AUDIT REPORT - ABDO, ABDO & EICK - Presentation by Gary
Groen
Mr. Gary Groen, representing ABDO, ABDO & EICK, Certified Public Accountants,
Minneapolis, MN, presented its audit report of the "City of Shorewood, Minnesota
Comprehensive Annual Financial Report for the Year Ended December 31, 1993." Groen
noted that the City received a certificate of achievement for excellence in financial reporting
for 1993 and that its bond rating was upgraded from A to A1 by Moody's Investor Service
during the year. Groen reviewed the financial report.
5. CONSIDERATION OF TECHNOWGY UPDATE - Presentation by Dave Hartley
Mr. Dave Hartley indicated he has been working with the staff to establish a strategy to deal
with use of technology for the City. He referred to the report/recommendations prepared
and pointed out that the City's challenge is to meet the expectations of the public to deliver
information in a timely fashion and process information through technology and the skills
of the staff. While the staff has been innovative in its use of the current system, they are
limited by the available technology. Therefore, the strategy presented is designed to provide
the necessary tools over a 3-year period.
The Councilmembers discussed the plan and asked questions. Concerns expressed included:
the number and cost of recommended license purchases, status of current financial software
(Unix), obsolescence of the City's current technology, and funding for upgraded hardware
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May 9, 1994 - PAGE 3
. and software. Following discussion, the Councilmembers agreed to meet with Hartley and
selected staff to discuss and assess their needs and the cost of upgrading prior to making any
decisions on the recommendations presented.
6. PARK - Report by representative
Consideration of Approval of Plans for Old Market Road Trail and Authorization to
Advertise for Bids
Hurm reported that the Park Commission will begin its annual tour of the City's Parks on
May 10. Hurm stated that a public information meeting was held to discuss the proposed
plans for constructing a concrete sidewalk along the east side of Old Market Road following
which the Park Commission met and recommended that the Council approve the plans for
the trail. Dresel described the location of the trail. State Aid will cover about 85% of the
costs of construction. Dresel and Hurm answered Councilmembers' questions. Construction
plans are available for viewing at City Hall. It was noted that landscaping of the project is
covered by a separate contract.
Daugherty moved, Benson seconded to approve the plans for Old Market Road Trail, City
Project 94-2 and to authorize advertisement for project bids. Motion passed 5/0.
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7.
PLANNING - Report by representative
Commissioner Pisula reported on the actions taken at the Planning Commission's May 3,
1994 meeting.
A Motion to Adopt a Zoning Ordinance Amendment Regarding Parking Requirements for
City Parks
This amendment, previously considered by the Council, designed to allow flexibility in
completing paving, curbing and striping in the City's Parks, now includes language to provide
that funding for such improvements will be included in the Capital Improvements Program
and reviewed annually by the Council.
Lewis moved, Stover seconded to adopt ORDINANCE NO. 291 "An Ordinance Amending
Chapter 1201 of the Shorewood City Code Relating to Zoning Regulations." Motion passed
5/0.
8. REPORT ON TRAFFIC STUDY FOR CHASKA ROAD
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Hurm explained that in response to a resident's letter dated April 6, 1994 regarding traffic
in the Chaska and Mayflower Roads area, a traffic study was conducted using the SMART
unit to monitor speeds and the number of cars. Based on the study, Police Chief Young
indicates a traffic problem in the area exists primarily from cut-through traffic and suggests
that the traffic enforcement specialist, once hired, concentrate on the area. In addition, the
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May 9, 1994 - PAGE 4
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legal speed limit for Chaska Road is 35 mph opposed to the posted 30 mph and in order
for the Council to reduce this speed by resolution, the area must be considered urban. The
Chief suggests that if a speed study is requested, a similar study also be conducted for
Smithtown Road where it is posted 30 mph but is actually 40 mph.
Following discussion, the Council accepted Chief Young's recommendations to conduct
traffic studies on Chaska and Smithtown Roads with a view to determining and establishing
appropriate speeds and directed the traffic enforcement specialist to monitor traffic on
Chaska Road.
9. CONSIDERATION OF A REOUEST FOR ABATEMENT OF UTILITY PENALTY
CHARGE
Rolek reviewed the request for abatement of penalties assessed to the utility account of Phil
and Susan Johnson, 4460 Enchanted Drive. He explained that apparently bills beginning
in April 1993 were not received by the Johnsons. Late penalties of $41.53 were added to
the Johnson's account between April 1993 and March 1994. Rolek clarified the charges
made since the Johnsons moved into their home in April 1993 and recommended against
abatement of the penalty.
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Mr. Phil Johnson explained his request as outlined in his April 12, 1994 letter to the City
of Shorewood. He stated that some mail delivery problems have occurred in the Enchanted
Point area.
The Council discussed the circumstances and noted that the Council has not previously
abated utility penalties, that the City is not responsible for the performance of the Postal
Service, and that scheduled utility billings were mailed by the City to Mr. Johnson.
Lewis moved, Stover seconded to approve a compromise, in this instance, to remove the
penalty for the most current billing period and work out a payment schedule for the
outstanding utility bill and prior penalties to be paid in full by August 1, 1994. Motion
passed 5/0.
10. CONSIDERATION OF AMENDMENT TO THE JOINT POWERS AGREEMENT
FOR POLICE SERVICE
Mayor Brancel reviewed the background of her request to the Coordinating Committee that
a moratorium be placed on the Joint Powers Agreement. The proposed amendment
provides that a City having special police needs bring its proposal to the Committee for
review and majority approval prior to instituting its plans.
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During discussion, Stover inquired whether this amendment would apply to Shorewood's
plans to hire a traffic enforcement. specialist. Since the proposed amendment has not yet
been acted upon by the Coordinating Committee, it will not have any bearing on
Shorewood's plans in progress.
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May 9, 1994 . PAGE 5
Daugherty moved, Stover seconded to approve an amendment to Section 7 . Financial
Matters of the Joint Powers Agreement for Police Service: "All parties involved recognize
that any special policing needs that are unique to a particular party be reviewed by the
Coordinating Committee of the Joint Powers Police Contract." Motion passed 5/0.
11. MATTERS FROM THE FLOOR
Consideration of a Request for a "Caution Children Playing in the Area" Sign-Howard's
Point Road
Mr. Jeffrey Fox, 5270 Howards Point Road, reviewed the traffic concerns of the Howards
Point residents related to safety of the children in the area. The residents request that a
sign be posted on the "dead end" portion of the Road to alert traffic that children may be
playing in the area.
Daugherty moved, Lewis seconded to approve placing a sign "Children at Play/Slow" at the
dead end of Howards Point Road. Motion passed 5/0.
12. DISCUSSION ON POLICY ISSUES
Discussion on LMCD Lake Access Task Force Report - Rob Daugherty, Liaison
Mr. Bob Rascop, LMCD representative, directed the Council's attention to the Summary
and Conclusions of the Draft Report of the 1992 Lake Minnetonka Lake Access Task Force
previously circulated to the Councilmembers. A public review of the report is scheduled for
May 11, 1994. Rascop stated that under the State constitution, Lake Minnetonka is a public
water owned by the citizens of the State of Minnesota. Therefore, the DNR and the State
Legislature have determined that there will be free public access available to the public
waters of the State of Minnesota. Under a DNR formula, it has been determined that
provision of 700 high quality, free reliable car/trailer parking spaces is fair and reasonable
for. Lake Minnetonka. Rascop reviewed the plans for providing the prescribed parking
spaces. He responded to questions during the Council's discussion.
Stover moved, Daugherty seconded to accept the 1992 LMCD Lake Minnetonka Access Task
Force Report. Motion passed 5/0.
The Mayor recessed the meeting at 9:40 p.m. and reconvened at 9:45 p.m.
13. ADMINISTRATOR AND STAFF REPORTS - None.
14. MAYOR AND CI1Y COUNCIL REPORTS - None.
12. ADJOURN TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF
CLAIMS
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May 9, 1994 - PAGE 6
Mayor Brancel stated the Work Session will be re-scheduled.
Lewis moved, Daugherty seconded to adjourn the City Council meeting subject to approval
of claims at 9:48 p.m. Motion passed 5jO.
RESPECTFULLY SUBMITfED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
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C/ l Vl/)/1/1'l
S C. HURM, CITY ADMINISTRATOR