051099 CC Reg Min. CITY OF SHOREWOOD
CITY COUNCIL MEETING
MONDAY, MAY 10,1999
MINUTES
1. CONVENE CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
Mayor Love called the meeting to order at 7:00 p.m.
A. Roll Call
Present: Mayor Love; Councilmembers Garfunkel, Stover, Lizee and Zerby; Administrator
Hurm; Finance Director Rolek; City Engineer Brown; Deputy Clerk Naab; and
City Attorney Keane.
B. Review Agenda
Stover moved, Garfunkel seconded to accept the agenda as amended to indicate the
Council will convene in Executive Session at 9:00 p.m. Motion passed 510.
• 2. APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes - April 26,1999
Lizee moved, Garfunkel seconded to approve the City Council Regular Meeting Minutes of
April 26, 1999, as amended: Page 3, Paragraph 8: "Councilmember Lizee stated she would
strongly prefer this road be gated, allowing only emergency vehicle access. Councilmember
Stover agreed with this opinion. Page 6, Item #8: Add new paragraph: "Consensus was
reached that the City Council is not interested in a TIF district if income restrictions are a
necessity for one." Page 7, Paragraph 6: "Engineer Brown stated that it would be added
to the..." Motion passed 510.
3. CONSENT AGENDA
Garfunkel moved, Stover seconded approving the motions contained on the Consent
Agenda as presented, and adopting the resolutions therein:
A. A Motion Approving a Request for a Block Party on Noble Road - June 11,
1999 from 6:00 to 10:00 p.m.
B. A Motion Adopting RESOLUTION #99-028, "A Resolution Approving a
Temporary Gambling Permit - Variety Children's Association, an Affiliate of
Minnesota Medical Foundation, 24575 Smithtown Road."
CITY COUNCIL REGULAR MEETING MINUTES
MAY 10,1999 - PAGE 2
• Motion passed 510.
4. MATTERS FROM THE FLOOR
Greg LaFrance, 22120 Brackets Road, spoke in regard to the current City Water Policy. Mr.
LaFrance explained that his well is dying and he needs a new one. Another option would be to
connect to City water. He stated the cost of a new well will be approximately $4,500.00. The
cost of City water hookup would be approximately $9,000.00. Also, after speaking with others
who have City water, the City Water Policy seems quite unclear. Mr. LaFrance noted he was not
offered a water stub when construction took place in that area. He indicated he would prefer City
water if the cost was more competitive.
Mayor Love stated staff has asked the City to review the water policy , and this case will be
included in discussions to take place later this month.
Councilmember Stover stated that stubs are usually installed when the watermain is installed and
asked Engineer Brown to determine why this was not done in this area.
Mayor Love stated that for this specific request, more information from staff would be needed
before further discussion and a decision. This subject will be put on the agenda for the next
meeting.
i5. PARKS - Report by Representative
Commissioner Themig reported on the Park Commission meeting held on April 27, 1999 as
reported in the minutes. Commissioner Themig also reported on the trail walks held and the
reception by the neighborhoods which seemed to be very positive.
6. PLANNING - Report by Representative
Commissioner Woodruff reported on the Planning Commission meeting held on May 4, 1999 as
reported in the minutes, highlighting that the Natural Resources Chapter of the Comprehensive
Plan is now complete.
7. REQUEST TO CONSIDER CHANGES TO THE ANIMAL ORDINANCE
Ms. Becky Schultz, 19565 Vine Ridge Road, owner and operator of a personal dog training
service located in Shorewood, referred to the letter to the City Council regarding electronic
containment systems used for dogs with known aggressive tendencies. Ms. Schultz cited cases
of dogs in Shorewood using these containment systems. She noted there is currently nothing in
the Ordinance regarding this type of containment system and stated she feels they are not
adequate for dogs with aggressive tendencies, especially those with a known bite history.
Councilmember Zerby stated he has had experience with a biting dog and the rules in Hennepin
County. He asked if those rules were helpful for the concerns addressed.
CITY COUNCIL REGULAR MEETING MINUTES
MAY 10, 1999 - PAGE 3
• Ms. Schultz stated that those rules are applied rarely and, in most cases, the biting history is
known by the owners. Ms. Schultz stated she would like to see the Ordinance state that this type
of containment is not adequate for dogs that are known biters.
Councilmember Stover stated her husband is a veterinarian and she had received his opinions on
this matter. She advised he agrees with Ms. Schultz in regard to dogs with aggressive tendencies.
Also, this type of fence does not keep children out of the yard where an aggressive dog may be.
However, the Fence Ordinance and the Dog Ordinance need to both be considered.
Councilmember Stover noted that Planning Director Nielsen has more knowledge of these
Ordinances and should be in attendance for a discussion of this kind. She stated that bites are not
always reported to the police which is how aggressive dogs could be tracked. Rather than
changing either Ordinance significantly, she suggested that public education and responsible dog
ownership education may be the answer.
Ms. Schultz replied that, in her opinion, these containment systems are not actually fences.
Attorney Keane stated that common practice is to have a notification system to tie the police back
to inspections, making sure dog owners can show restraint of dogs with a bite history.
Mayor Love asked if the current Ordinance could be changed to reflect that type of system
without drastic changes.
Attorney Keane stated he will work with Planning Director Nielsen to draft language that could
be added to the Ordinance.
Councilmember Stover cautioned that the restraint clarification in the current ordinance took a
long time to draft and she would not like to change it, except specific to dogs with a bite history.
Councilmember Zerby questioned how to track the bite history of dogs.
Attorney Keane explained that this is possible only when a police report is filed.
Councilmember Stover stated that a bite, legally, is a puncture wound and most people seek
treatment. She stated this would be a method to track since the doctor, legally, is bound to report
a bite wound.
Mayor Love stated Attorney Keane will gather information on an Ordinance amendment, if any is
to be considered, and this subject will be revisited at a later City Council meeting.
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 10,1999 - PAGE 4
0 8. REPORT ON FINANCING OF PUBLIC UTILITIES TO SHOREWOOD PONDS
Finance Director Rolek reported on meetings and information on TIF districts. He explained that
the income restrictions for creating a housing district would be very restrictive. A one or two
person household must be at or below a $63,600 yearly income, and 95% of the households must
fall within this restriction. He noted Springsted has not submitted their report yet, but should
soon, and more information will be available by the work session.
Mayor Love asked about the option of a limited TIF district.
Finance Director Rolek stated that was the suggestion of the developer, but more information is
needed.
Councilmember Garfunkel stated that he is not certain a TIF district would be advantageous to
the City.
Finance Director Rolek explained that looping the watermain would eliminate some costs and
keep the units more affordable. Also, 15% to 20% of the funds can be spend outside the TIF
district.
Mayor Love asked if a TIF district would help the City accomplish looping the system.
• Engineer Brown stated it definitely would.
Councilmember Stover asked if Shorewood Oaks has adequate water pressure for fire protection.
Engineer Brown stated they do not presently, but if the system is looped they would.
Councilmember Garfunkel pointed out that any way Shorewood Ponds is connected, Shorewood
Oaks would still end up with adequate fire protection.
Mayor Love asked if more information would be desired by the Council regarding the option of a
TIF district. General consensus reached was that more information would be welcome.
9. 1998 ANNUAL AUDIT REPORT - ABDO, ABDO, EICK & MEYER
Steve McDonald, representative of Abdo, Abdo, Eick & Meyer, presented the following awards
to the City of Shorewood: Distinguished Budget Presentation Award
Certificate of Achievement for Excellence in Financial Reporting
Mr. McDonald referred to the financial statements presented to the City Council and reviewed
the findings of the 1998 Annual Audit. Mr. McDonald advised the audit went very well and
Shorewood is one of the most organized cities, financially, that he has the pleasure of working
with.
CITY COUNCIL REGULAR MEETING MINUTES
MAY 10,1999 - PAGE 5
Lizee moved, Stover seconded, to accept the 1998 Annual Audit Report by Abdo, Abdo,
Eick & Meyer. Motion passed 5/0.
10. DISCUSSION ON ESTABLISHMENT OF LAND CONSERVATION/
ENVIRONMENTAL COMMITTEE
Mayor Love presented the revised Ordinance.
Councilmember Garfunkel asked if the Planning Commission or Park Commission had an
opportunity to review this information, as each Commission may want a representative on the
Committee.
Administrator Hurm stated they have not seen the draft, but are aware of the process taking place.
Mayor Love stated the Council will review this new draft and consider adoption following
review of the ordinance and resolution by the Planning and Park Commissions.
11. ADMINISTRATOR AND STAFF REPORTS
A. Administrator's Report on Sump Pump Refund Request
Administrator Hurm presented a report on the sump pump refund issue. He advised that in the
past, amounts not certified have been forgiven.
Garfunkel moved, Stover seconded a motion to continue the practice of waiving fees related
to the sump pump inpsection program if they have not been certified to the taxes. Motion
passed 5/0.
B. Staff Report on Communications Plan
Deputy Clerk Naab reported on the Communications Plan and requested Council feedback.
Councilmember Garfunkel expressed extreme satisfaction in changing the name of the newsletter
from The Citizen Informer. Some of the other newsletter names discussed were The ShoREport,
and The ShoreWord.
Mayor Love and Councilmember Stover also expressed satisfaction in the name change.
Deputy Clerk Naab asked for the preference of the Council on the name and design.
Mayor Love stated he would prefer to rely on the creativity of staff for these decisions, as the
Council is very happy with the change and there were no strong preferences either way.
aDeputy Clerk Naab explained the feedback forms may need to be changed as not many are
returned.
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CITY COUNCIL REGULAR MEETING MINUTES
MAY 10,1999 - PAGE 6
Mayor Love stated the fact that the City is asking for feedback, and providing the means for
communication, is the most important factor.
Councilmember Stover stated that E-mail is a growing communication tool and, perhaps, the
forms could made available at the City Hall for people to pick up and a notice placed on the
Internet advising the City can receive E-mail feedback as well.
Mayor Love stated that it is important to continue to provide this means for feedback.
Councilmember Zerby suggested the feedback forms not be personalized to free up staff time.
Consensus was reached that this was a good compromise.
Deputy Clerk Naab noted the request from the Council for a database of the E-mails and
Shoreline calls received, including the responses to these inquiries.
Councilmember Zerby stated he would like to see such a database implemented very soon. His
specific concerns are that responses are being handled properly and any patterns that may be
detected over time. He commented that some replies seem to take a lot of time.
Engineer Brown pointed out that there are many requests for responses received and the goal is to
answer these requests in a balanced manner. He noted that prioritizing is very important in
dealing with these responses.
Mayor Love asked if feedback forms are sent to false alarm calls. Deputy Clerk Naab replied that
they are. Mayor Love commented that this does not seem necessary.
Councilmember Zerby asked if the newsletter could be sent out electronically.
Deputy Clerk Naab replied that the City just obtained a "guest list" capability and can start
sending the newsletter by that method very soon.
Mayor Love stated that he would like to receive the newsletter electronically and believes that
possibly 50% of the citizens of Shorewood would eventually prefer this option.
C. Administrator's Report on Mosquito Spraying
Administrator Hurm stated that one individual had asked that the Eureka Road Preserve not be
sprayed. However, the City does intend to continue to allow spraying of this area, as has been
done in the past unless Council objected.
Mayor Love stated he would like to have more discussion on this, as more information would
• help determine if spraying is the answer to mosquito control.
Administrator Hurm stated he has some information and will distribute it to the Council.
CITY COUNCIL REGULAR MEETING MINUTES
MAY 10,1999 - PAGE 7
•
Councilmember Stover pointed out that diseases are spread by mosquitoes which needs to be a
consideration as well.
Mayor Love stated this subject could be delayed to the next agenda and, possibly, include
discussion from mosquito control personnel, as well as other views.
12. MAYOR & CITY COUNCIL REPORTS
A. Report on the Fire Department Review Committee Meeting Held on April 27,
1999
Mayor Love reported that the Committee is moving toward its final goals such as a Joint Powers
agreement, a full-time Fire Chief, and other issues. No decisions have been made as yet.
13. ADJOURN
Mayor Love adjourned the Council meeting to an Executive Session at 9:05 p.m.
RESPECTFULLY SUBMITTED.
Kristine Kitzman, Recording Secretary
Timesaver Off -Site Secretarial, Inc.
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WOODY LOVE, MAYOR
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C. HURM, CITY ADMINISTRATOR