121294 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDA Y, DECEMBER 12, 1994
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Brancel called the meeting to order at 7:00 p.m. She announced that at an Executive
Session prior to this meeting, the Council approved an agreement with the Metropolitan Council
Wastewater Services that adjusts Shorewood's 1993 and 1994 sanitary sewer charges.
A.
Roll Call
Present:
Mayor Brancel; Councilmembers Benson, Daugherty, Lewis, and Stover;
Administrator Hurm, City Engineer Dresel, City Attorney Keane, Planning Director
Nielsen, and Financial Director Rolek.
B.
Review Agenda
Mayor Brancel stated the Joint Work Session with the Planning Commission scheduled to follow
this meeting is canceled.
Daugherty moved, Lewis seconded to approve the agenda for December 12, 1994..
Motion passed 5/0.
2 . APPROVAL OF MINUTES
City Council Regular Minutes - November 29, 1994
Lewis moved, Stover seconded to approve the Regular City Council Meeting
Minutes of November 29, 1994. Motion passed 5/0.
3 . PARKS - Report by Representative
Commissioner Wilson reported that at its November 22 meeting, the Park Commission
unanimously recommended to the Council that it accept the Hennepin County policy that prohibits
horses on the regional trail. The Hennepin County Regional Park District assumed responsibility
of the Regional Trail System in 1993.
The Council discussed the current City/Park policy and its history, considered the objections to
horses on the trail identified by the Park Commission, noted complaints or injuries have not been
recorded, agreed that horses should continue to be allowed on the Shorewood portion of the
regional trail system, and considered options available to appeal the County's prohibition of horses
on the trail system.
Daugherty moved, Lewis seconded to re-submit the issue of allowing/prohibiting
horses on the trail corridors to the Park Commission for review including
pursuing exemption from the County prohibition, so that horses will continue to
be allowed on Shorewood's trail system. Motion passed 5/0.
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REGULAR CITY COUNCIL MINUTES
December 12, 1994 - PAGE 2
Wilson reported a public hearing will be conducted for the Silverwood Park area turf trail on
December 13, and the petition of residents for platform tennis was denied due to the lack of funds
in the Park budget.
4. PLANNING - Report by Representative
Commissioner Pisula reported on the actions taken by the Commission at its December 6 meeting.
A. A Motion to Adopt a Resolution Approving a Variance to Setback Regulations and a
Variance to Shoreland District Hardcover Regulations
Applicant: Larry DeWitt. Location: 28090 Woodside Road
Nielsen explained adoption of the resolution requires a 4/5 Council vote and if it should fail, the
ordinance provides that the applicant may re-apply after 6 months, except if a majority of the
Council agrees the application may be considered sooner.
Daugherty supported approval of the variances because the applicant satisfied the criteria for the
grant of a variance under Section 1201.05 of the City Code and established an undue hardship
defined by Minnesota Statutes.
Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 94- , "A
Resolution Granting a Variance to Expand a Nonconforming Structure and a
Variance to Exceed the 25 Percent Hard Surface Requirement for the Shoreland
District to Lawrence DeWitt." Motion failed 3/2. Benson and Stover voted nay.
The Council discussed factors related to the applicant's request for variances to setback regulations
and hard cover regulations to accommodate construction of an addition and remodeling of an
existing residence. Stover stated the applicant's plan to construct the addition to avoid potential
danger to a tree requires a setback variance, however, the hardship claimed is not demonstrated
since construction alternatives exist without a variance, therefore the variance does not meet the
legal criteria. Daugherty and Lewis supported a technical deviation to accommodate architectural
aesthetics and believed it to constitute a hardship from a human standpoint. Stover believed all
applicants should be treated equally under the regulations the City is charged with administering.
Stover expressed concern that in addition to the setback variance, the 34% hard cover resulting
from the proposal exceeds the 25% allowed under Shoreland District Regulations.
Daugherty moved, Lewis seconded to allow Mr. Lawrence DeWitt to re-submit,
within 6 months, an application for Council approval that reduces the hardcover
on the property by the amount of the proposed addition assuming that the new
addition does not require setback variances. Motion passed 5/0.
B . A Motion to Approve a Sign Permit - Floral Cottage
Applicant: Sign Images. Location: Waterford Shopping Center, 19905 Hwy.7.
Lewis requested clarification regarding the use of neon for signs in the shopping center. Nielsen
. explained that the application is consistent with the overall sign plan approved for the shopping
center and noted it is similar to signs in the Westwind Shopping Center. Lewis suggested a
comprehensive review be conducted of the lighting aspect of any future commercial space.
Stover moved, Lewis seconded to approve a sign permit for the Floral Cottage,
Waterford Shopping Center, 19905 State Hwy. 7. Motion passed 5/0.
REGULAR CITY COUNCIL MINUTES
December 12, 1994 - PAGE 3
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C. A Motion to Approve an Extension Regarding Notice to Remove
Appellant: Martin Grady. Location: 4295 Enchanted Point.
It was noted this is the appellant's second citation advising clean up of his property within the past
2 years. The previous citation was corrected within the time allowed. It is recommended that the
current violations be corrected by December 16, 1994.
Mr. Martin Grady, 4295 Enchanted Point, stated it will take time to comply with the notice. He
explained that covered household furnishings, building materials, and an automobile are stored on
the property during construction of his home. He circulated photographs of the property. Mr.
Grady explained that construction of the home is proceeding very slowly because of the workers'
schedule and his limited income. Removal of the furnishings and automobile, stored since October,
is impeded by snow. Mr. Grady stated he would move the automobile. It was suggested that the
household furnishings be moved off the property to temporary storage. Mr. Grady stated he lives
on a limited income and removal and storage costs will further delay completion of his home.
Brancel moved, Daugherty seconded to grant 30 days for Mr. Martin Grady to
comply with the November 15, 1994 Notice to Remove, at 4295 Enchanted Point.
Motion passed 5/0.
5. SENIOR/COMMUNITY CENTER TASK FORCE REPORT ON
GOVERNANCE AND STATUS OF PRELIMINARY DESIGN
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Mr. Robert Gagne, chair of the task force, directed the Council's attention to the Articles of
Incorporation and Bylaws for the "Friends of the Southshore Senior Community Center"
Foundation, prepared with the assistance of City Attorney Keane. Changes to the documents
include the name of the Foundation and limiting Board membership to 7 members. Gagne
requested the Council's approval of $9,000 from the $25,000 grant fund held by Shorewood for
the senior community center to be used for preparation of the architectural drawings required for
the C.U.P. application for construction of the building. Hurm noted the City would have to
reimburse grant funds if the center is not built.
The Council acknowledged the Articles of Incorporation and Bylaws presented for the operations
of the Center. The Council discussed the fmancial request. Hurm, Gagne and Keane answered
Councilmembers' questions. The 3 members of the Incorporating Board will appoint the
remaining Board members to represent the participating communities. Keane explained the concept
for the structure, ownership, governance, and facility and program operations under the nonprofit
Corporation. Additional work is necessary to formalize details such as: a building committee,
project manager, fmancial management, and agreements with other participating cities. In addition,
during the next 90 days, a budget and a time line will be developed and the C.U.P. application
process will begin.
Brancel moved, Stover seconded to approve up to $9,000 for the Southshore
Senior/Community Center for preparation of preliminary plans for the C.U.P.
process for construction of the senior community center. :Motion passed 5/0.
6. CONSIDERATION OF A RESOLUTION RELATING TO METROPOLITAN
WASTEWATER SERVICES
. Action was taken at the Executive Session, December 12, 1994. (Refer to those minutes.)
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REGULAR CITY COUNCIL MINUTES
December 12, 1994 - PAGE 4
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7.
CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING
THE 1995 PAY SCALE AND CITY'S CONTRIBUTION TOWARD
INSURANCE PREMIUM FOR CITY EMPLOYEES
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Hurm presented the annual resolution to revise the wage and salary range structure for 1995 and to
set the contribution toward insurance premiums for City employees to be effective January 1,
1995. He explained that the 2.5% adjustment to the pay range chart for 1995 and the increase to
$330 monthly for the City's contribution for insurance will bring the non-union employees into
line with the union employees. He noted that verification of the City's compliance with
comparable worth regulations must be submitted to the State by December 31, 1994.
The Councilmembers discussed the resolution before them. Hurm responded to questions and
concerns expressed by the Council. Lewis requested clarification regarding the insurance plans.
Rolek explained insurance is provided through a quasi-public consortium and has not been re-bid
for two years. Daugherty took issue with the automatic 2.5 % across the board increase for
employees without any consideration of individual merit. Lewis suggested that a review process
be developed whereby each employee's performance is measured and increases are based on
performance and merit. Stover pointed out that such a process which allows varying increases
creates problems with requirements of the comparable worth program and complicates the
union/non-union wage relationship. Daugherty suggested that with the use of creativity an
acceptable salary administration program incorporating a merit and performance review system be
developed for the City's non-union employees.
Daugherty moved, Benson seconded that consideration of the adoption of the
resolution establishing the 1995 pay scale and City contribution for insurance
premiums for Shorewood City employees be reviewed by the 1995 Shorewood
City Council for approval. Motion passed 5/0.
8. MA TTERS FROM THE FLOOR - None.
9. DISCUSSION ON POLICY ISSUES - None.
10. ADMINISTRATOR AND STAFF REPORTS
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Final Report and Action on Dry Hydrant Project
Hurm directed the Council's attention to the December 9, 1994 final report on the dry hydrant
project on Enchanted and Shady Islands and optional charge schedules for the utility for the
Council's consideration and determination. Dresel stated the 3 hydrants are installed, winterized
and in operation, and noted that some restoration work will be completed in the Spring. Hurm
explained that this special utility will be paid for by benefitting residences and buildable lots.
Options for payment include a one-time .full payment or quarterly utility charges for 15 years. He
explained the options for quarterly payments based on the $58,000 cost of the project.
The Council discussed the quarterly payment options which range from $13.67 to $15.85 per
quarter. Dresel and Hurm responded to questions and concerns expressed by the Council. It was
noted that the original estimate for the project was $50,000 and residents were informed that
estimated quarterly charges would likely range from $12 to $15. However, during construction,
placement of a silt curtain was required which contributed to an increase of the actual costs by
$8,000.
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REGULAR CITY COUNCIL MINUTES
December 12, 1994 - PAGE 5
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Following discussion, the Council members agreed to set the quarterly payment for the special dry
hydrant fire protection utility district at $15. The short-fall of about $3,000 will come from the
General Fund contingency.
Stover moved, Daugherty seconded to adopt RESOLUTION NO. 94-99, "A
Resolution Establishing a Utility Fee for a Dry Hydrant Fire Protection Utility
District. " Motion passed 4/0. Lewis abstained.
Nielsen inquired whether the Council wishes to consider 3 Planning Commission
recommendations at its December 19 meeting. The consensus of the Council was to defer the
matters to January 1995.
11. MAYOR AND COUNCIL MEMBER REPORTS
Lewis congratulated Mayor Brancel for a job well done, her professional effort during her service
to the City and expressed pleasure in serving with her. Daugherty expressed appreciation for the
opportunity to work with Mayor Brancel and wished her luck and happiness for the future.
Daugherty inquired about the slide closed at Silverwood Park. Hurm explained it is closed for the
winter for safety reasons, however, he agreed that it can be re-opened if the Council so wishes.
Daugherty felt it should be opened. Stover inquired about stop signs at the intersection of the
service/frontage road and Vine Hill Road. Dresel reported that according to the design engineer the
intersection does not meet the necessary warrants for a 3-way stop sign, however, traffic volumes
will be monitored to support a possible change.
. Stover expressed appreciation to Mayor Brancel for her 8 years of service to the City. .
Brancel expressed appreciation to the staff for its excellent support during the past 8 years and said
she will be glad to return to private life.
12. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Lewis moved, Benson seconded to adjourn the City Council meeting at 9:05 p.m.,
subject to approval of claims. Motion passed 5/0.
The Joint Work Session with the Planning Commission was canceled.
RESPECTFULL Y SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
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ROBERT B. BEAN, MAYOR
ATTEST:
JA
M, CITY ADMINISTRATOR