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031494 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 14, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:00 p.m. A. Pledge of Allegiance B. Roll Call Present: Mayor Brancel; Councilmembers Benson, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen, and Financial Director Rolek. Absent: Councilmember Daugherty. C. Review Agenda Stover moved, Benson seconded to approve the agenda for March 14, 1994. Motion passed 4/0. 2. APPROVAL OF MINUTES City Council Regular Meeting and Executive Session Minutes - February 28, 1994 Lewis moved, Benson seconded to approve the Regular Council Meeting and Executive Session minutes of February 28, 1994. Motion passed 3/0. Stover abstained. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for March 14, 1994. Stover moved, Lewis seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: A. RESOLUTION NO. 94-28 "A Resolution Approving Subdivision of Real Property and Granting a Variance for Two Dwellings on One Lot for Matt Donahue." 5275 St. Albans Bay Road. B. RESOLUTION NO. 94-29 "A Resolution Approving a Single Temporary Gambling License." Sons of American Legion. . . . REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 2 c. Motion to Set Spring Clean-Up Day May 21,1994 and Approve Letters of Agreement with Woodlake Sanitation, BFI Tire Recyclers, and JR's Appliance Disposal Inc. D. Motion to Authorize the Liquor Committee to Purchase One or More Computerized Inventory Systems from Total Register Systems as Recommended and to Authorize the Committee to Negotiate Pre-lease Terms for the East Store. E. Motion to Approve an Agreement with Lake Restorations, Inc. for 1994 Inspection of Eurasion Water Milfoil-Christmas Lake. F. RESOLUTION NO. 94-30 "A Resolution Making Capital Budget Amendments." Motion passed 4/0. 4. PUBLIC HEARING 7:15 P.M. - YEAR XX (994) ALLOCATION AND YEAR XIX (993) REALLOCATION OF URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDGB) A Motion to Adopt a Resolution Authorizing the Reallocation of 1993 CDBG Funds and Allocation of 1994 CDBG Funds Hurm explained that the City proposes to allocate the 1994 Urban Hennepin County CDBG of $17,403 as follows: $10,625 for Southshore Senior Center Operations and $6,778 for Handicap Accessibility for Park and Playgrounds. In addition, it is proposed that 1993 funds of $4,664 remaining from soil testing and survey work related to the proposed senior center site also be reallocated to Handicap Accessibility for Park and Playgrounds. Brancel opened the public hearing at 7:20 p.m. Ms. JoAnne Kvern, coordinator and director of the Southshore Senior Center, stated the Center would appreciate the City's favorable consideration of the proposed funding for the Center. Brancel closed the public hearing at 7:22 p.m. Hurm indicated that Freeman and Manor Parks will receive funding for specific handicap accessibility. He noted that funds are not being proposed for the housing rehabilitation program since funds currently exist in the program and no properties have requested assistance. Hurm stated that it will be determined whether those existing funds are in jeopardy and noted the funds could be reallocated through a public hearing procedure. Stover moved, Benson seconded to adopt RESOLUTION NO. 94-31, "A Resolution Approving Projected Use of Funds for 1994 (Year XX) and Reallocation of Remaining 1994 (Year XIX) Funds of the Urban Hennepin County Community Development Block Grant Program." Motion passed 4/0. . . . REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 3 5. REPORT ON SENIOR HOUSING A. Site Selection - Brad Nielsen Nielsen reviewed the study and analysis completed to date in response to the Council's direction to prepare a list of potential suitable senior housing sites. From all perspectives, it appears that only a handful of sites are suitable for senior housing in Shorewood. At the Planning Commission level, it has been determined that this issue should be addressed in the Comprehensive Plan; issues, a goal, and detailed objectives have been identified. Nielsen described various possible levels/options of city participation in senior housing that have been identified. B. Financing Options - Gary Fields, Springs ted, Inc. Mr. Fields, vice president, Springsted, Inc., described financing tools which Shorewood could use to assist senior housing development through public sector investment. The presentation is detailed in the document "Presentation to the City of Shorewood-Facilitating Senior Housing Projects-March 14, 1994, distributed to the Councilmembers. Nielsen stated the Council and Planning Commission will have an opportunity to discuss the issue at a joint study session scheduled for April, 1994. 6. PARK - Report by Representative A Motion to Approve the Park Foundation Articles of Incorporation and Discussion on By- laws. Park Commissioner Steve Dzurak explained that the articles of incorporation for the proposed Shorewood Park Foundation will establish the legal entity to allow the foundation to begin operations. He reviewed the purpose of the by-laws (which will be submitted for the Council's consideration at a later date) which include Articles outlining the role and authority of the City Council. The Park Commission requests the Council's approval of the articles of incorporation in order to file the required legal incorporation documents to establish the foundation. Dzurak responded to questions from the Councilmembers. He explained that the foundation shall have charitable and recreational purposes and operate so as to qualify for exemption from state and federal taxes including sales tax. The Councilmembers discussed the proposal for the Shorewood Park Foundation. Stover expressed support of the concept as a method for the City to receive donations and to finance park improvements other than through residents' taxes. Brancel explained that while the concept is admirable, she could not support it for Shorewood because it creates an additional governmental entity and the Council's control is likely to diminish. Lewis supported the concept and pointed out that the foundation would serve as a vehicle to . . . REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 4 receive donations, to make purchases and to manage funds for improvement of the existing parks, and that the by-laws contain appropriate language for the Council to control the operations of the foundation. Benson supported the concept and stated the foundation can serve as a bridge between the sports organizations, the Park Commission and the Council and open up beneficial dialogue among them. Lewis encouraged the foundation to formulate a broad-based structure with minor representation from sports organizations. Benson moved, Stover seconded to approve the Shorewood Park Foundation Articles of Incorporation as presented. Motion passed 3/1. Brancel voted nay. 7. PLANNING - Report by Representative Planning Commissioner Pisula reported on the actions taken and discussions of the Commission at its March 8, 1994 meeting/study session. 8. CONSIDERATION OF RESIDENTS' OBJECTION TO STREET LIGHTING ON LAWTONKA DRIVE Mark Shafer, representing his parents, Donald W. and Jane Shafer, who reside at 23880 Smithtown Road, related their displeasure with installation of a street light at the Lawtonka cul-de-sac approved by the Council. He stated his parents, whose property will be adversely affected by the light, object because a need does not exist in terms of safety concerns since there is little traffic because it is not a through street, it will damage the aesthetics of the area, and since it is a zero crime area there is not a property concern. Shafer stated that his parents believe that after new residents have lived in the area for a time, they too will recognize the need to preserve the natural environment of the area. Martha Gabbert, also representing her parents, Mr. and Mrs. Shafer, reiterated the concerns expressed by Mark Shafer, and noted her parents have lived in the area for 50 years and have good judgment of the needs of the area. She requested that the light not be installed and suggested that the issue could be re-considered in the future. She stated that although her parents were unable to attend the February 28 Council meeting, they had provided letters of objection to the Council before it considered and acted on the residents' petition for placement of the street light. Nielsen explained that installation of the street light was delayed to provide opportunity for the Council to hear the objections. Brancel pointed out that the timing of receipt of the Shafers' letters of objection was such that the Council was not able to take them into consideration during its deliberation of the request and explained that the Council may wish to act to re-consider its previous authorization. Lewis moved, Benson seconded to re-consider action taken by the Council on February 28, 1994, authorizing installation of a street light at the cul-de-sac on Lawtonka Drive. Motion passed 3/1. Brancel voted nay. REGULAR CITY COUNCIL MINUTES MARCH 14,1994 - PAGE 5 . Lewis stated the Council did not have knowledge of any opposition to the petition of the residents and requested clarification of the type of lighting to be installed. Nielsen described the light which is a 100 watt sodium bulb mounted on a standard type fixture. He stated that while City policy does not allow for installation of decorative lighting, residents may request and pay for such a fixture including its maintenance. Nielsen explained that policy allows installation of a street light for traffic safety concerns only. Stover inquired whether the policy provides that objections would preclude installation of the light. Nielsen stated the written policy provides specific criteria for street light locations and that objections are taken into consideration. The subject installation meets the required criteria. Stover objected to obtrusive lighting affecting surrounding neighbors. Lewis stated approval of the subject street light was not a deviation from policy and expressed concern regarding the objection based on it being obtrusive. He suggested that the Council re- consider the type of street light installation approved. Brancel suggested that a light similar to that installed at the Public Works facility that deflects the light be considered as a compromise to avoid the annoying nature of the light. She further suggested that the Shafers inspect the Public Works lighting to determine its acceptability as an alternative. Residents were encouraged to provide input regarding the street light installation. Stover moved, Benson seconded to table for two weeks to March 28, 1994 re-consideration of installation of a street light on Lawtonka Drive. Motion passed 4/0. . 9. POLICY CONSIDERATIONS IN FINALIZING THE SUMP PUMP INSPECTION PROGRAM Hurm directed the Council's attention to his memorandum dated March 10, 1994, and the lists of properties categorized as follows: 1) in noncompliance but requested extension; 2) rental housing units being inspected; 3) requesting extension due to absence; and 4) properties to receive surcharge for March. He stated that the program has been successful and over 2,200 properties have been inspected. The compliance cut-off date is March 15. Hurm explained contacts with the owners of the properties on list 4 include at least 3 communications and at least one stop at the premises. . Hurm reviewed the policies recommended for administering the $100 monthly surcharge: A. City will not charge for the month of March and give extension for compliance to June 15 for those who are not in compliance for reasons such as frost, inadequate time for compliance or non-inspection due to absence from the property. A $100 per month surcharge will be added to the July utility bill of those not in compliance by June 15. B. Property may be exempted and given appropriate time for compliance at the direction of the City Attorney. C. Waiver of $100 charge on April bill - properties that prove compliance by June 15 shall be credited or refunded the $100 charge. D. Properties on lists 1, 2, and 3 not in compliance by June 15 will be charged $300 for the second quarter. If inspected and in compliance by September 15, $300 surcharge will be refunded or credited. Hurm answered Councilmembers' questions regarding the policies. It was pointed out that any non-compliant rental housing units which are currently being inspected will be given adequate time to comply as outlined under Policy D. REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 6 . Stover moved, Lewis seconded to accept and approve the recommended policies with respect to the administration of the sump pump inspection program. Motion passed 4/0. 10. REPORT ON OFFICE PERSONNEL RESTRUCTURING AND CONSIDERATION OF RELATED .JOB DESCRIPTIONS Hurm directed the Council's attention to his memorandum dated March 10, 1994 describing the restructuring of City office personnel and requested approval of related job descriptions. The office structure review was precipitated by the deletion of a full-time position in November 1993. According to Hurm, the restructuring and subsequent establishment of a permanent part-time position will provide reliable flexible coverage of duties and responsibilities and will significantly lower salary costs for 1994 and in the future. Brancel stated the functions of the part-time clerical position appear to require a full time designation and questioned the validity of what the City expects to gain from part-time positions. Stover supported the restructuring and related positions as an excellent approach to filling the City's needs with salary cost savings and pointed out that the election clerk position will only be used during scheduled elections. Lewis acknowledged that the clerical position includes a large number of job functions as well as providing secretarial support for the Public Works and Engineering areas, but agreed that the cost savings warrant approval of the proposed restructuring and job descriptions. . Benson moved, Stover seconded to approve the job description for Part-time Clerical Assistant and for Election Clerk and the respective salary range and wage rate as recommended. Motion passed 3/0. Brancel abstained. 11. GAMBLING A. Consideration of an Ordinance Amendment to Chapter 301 Keane reviewed the changes proposed to Chapter 301 of the City Code which will amend the current ordinance by providing that a gambling license be issued concurrent with the 2- year State license and that the fee will be designated as a biennial license fee. Lewis moved, Stover seconded to adopt ORDINANCE NO. 287, "An Ordinance Amending Chapter 301 of the Shorewood City Code Relating to Gambling and Raffies." Motion passed 4/0. B. Motion to Adopt a Resolution Approving a Two-Year Gambling License for American Legion Post 259, Shorewood. . Lewis moved, Stover seconded to adopt RESOLUTION NO. 94-32, "A Resolution Approving a Gambling License." American Legion Post #259 to June 30, 1995. Motion passed 4/0. . . . REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 7 12. MATTERS FROM THE FLOOR - None. 13. DISCUSSION ON POLICY ISSUES A Update on Part-time Traffic Enforcement Specialist - Chief Young Hurm noted that Chief Young will update the Council on the status of hiring a part time Shorewood traffic enforcement specialist. Hurm directed the Council's attention to Mayor Brancel's March 9, 1994 letter to Excelsior Mayor Anderson in response to concerns expressed by Excelsior that this intended hiring will have a detrimental impact on the other Joint Powers Agreement cities. A meeting is scheduled for March 23 with the Shorewood and Excelsior Mayors and Administrators to further clarify and discuss the matter. The Councilmembers supported the Mayor's position that the hiring of the specialist will not impact in any way the other Joint Powers Agreement cities. Chief Young reported that because the part-time position is expected to work more than 14 hours, it must be negotiated with the Teamsters union. He recommended that the position be filled to work 14 hours/week and indicated he will begin the process required with the UnIon. Lewis stated it is appropriate for the Chief to negotiate the position and the City will continue to work toward an April 1 beginning date for the part-time specialist to work 14 hours. It was the consensus of the Council that the Chief negotiate the position with the union as required and that the part-time traffic enforcement specialist be hired to work 14 hours a week beginning on April 1, 1994. B. Consideration of the Status of the LMCD Hurm referred to the materials distributed to the Councilmembers regarding the LMCD. He stated that 3 cities have adopted resolutions to dissolve the organization, 4 have adopted resolutions in support of the organization, and the remaining Cities have not taken action to date. A resolution reflecting the position of the Shorewood Council determined at this meeting will be prepared for formal action at a future meeting. Mr. Robert Rascop, the LMCD member representing Shorewood, stated that the organization decided to bring the question of dissolution of the LMCD to each City for its discussion and consideration. He indicated that a dissolution vote of 3/4 of the member cities is required to dissolve the LMCD. Mr. Tom Penn, vice chairman of the LMCD, requested the Council's support of the LMCD as an agency whose chartered purpose is to protect and preserve Lake Minnetonka by working with state and federal agencies and the surrounding cities. Because the controversy is hindering the organization's ability to perform its functions, the LMCD is pursuing support from the cities that have not yet taken action. Penn commented on the controversies and criticisms, described corrective actions taken by the LMCD in response, . . . REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 8 and encouraged the use of the City's representative to promote changes in the organization and to preserve local authority and management of the Lake. The meeting recessed at 9 p.m. and reconvened at 9: 10 p.m. Stover stated the Council should take action on the matter which has been previously discussed, that the agency is making a reasonable request to determine where it stands among the cities and noted that each city may choose to recall its appointed LMCD representative. Lewis explained concerns regarding the LMCD's credibility and arrogant attitude and indicated the various dissolution resolutions represent the cities' protest and displeasure with the organization's operations. While Lewis did not support dissolution of the agency, he reminded the agency that it should respect it's origination. Benson agreed with Lewis' position, supported Mr. Penn's comments regarding corrective actions and encouraged the agency to look at issues differently and supported continuance of the agency. Brancel reiterated the concerns expressed by Lewis. She further pointed out that this is an example "too much government" particularly with respect to the agency's tax levying authority, the increasing cost to Shorewood, other agencies could gain taxing authority and that other agencies such as the DNR could be performing the LMCD's functions; therefore, Brancel stated she could not support the LMCD. Lewis stated that the amount requested for milfoil control was misrepresented, exceeded the level of the authorized levy, that the reserve amount is excessive and indicated that he empathized with the other cities resolutions for dissolution. Brancel stated that the 3-year terms of LMCD representatives make it difficult to remove them. Stover stated the LMCD was originated by the 14 lake cities to control the Lake, therefore each city must exercise its authority over the organization. Lewis stated that while he had no particular concern regarding individual representatives who serve on a volunteer basis, his concern was with the group as an association. Stover moved, Benson seconded to direct the staff to prepare a resolution stating Shorewood's opposition to dissolution of the Lake Minnetonka Conservation District (LMCD). Motion passed 3/1. Brancel voted nay. C. Consideration of Using a Portion of City Hall Parking Lot as a "Park & Ride" Hurm reviewed discussions with the Regional Transit Board staff regarding the possibility of its use of a portion of the City Hall parking lot for a "Park & Ride." In return for 17 spaces from 6 am to 6 pm Monday through Friday, the RTB would pay for approximately 21 % of the cost of the parking lot reconstruction. Following discussion, it was the consensus of the Council that the staff should pursue negotiations for the RTB's use of a portion of the City Hall parking lot for a "Park & Ride." . . . REGULAR CITY COUNCIL MINUTES MARCH 14, 1994 - PAGE 9 14. ADMINISTRATOR AND STAFF REPORTS A. 1993 Activity Report of Excelsior Fire Department Hurm directed the Council's attention to the Fire Marshall's February 18, 1994 written overview of Fire Department activity during 1993. B. Engineer's Report on Water Connection to Shady Hills Area Dresel directed the Council's attention to a draft letter prepared to Shorewood residents in the Shady Hills area whose water is currently supplied by the City of Minnetonka. He explained that the City will be able to provide water to the area due to watermain construction for the Waterford townhome project and the Vine Hill/Highway 7 construction planned for the summer. The future change-over will provide for quality water at increased pressure, detachment from the Minnetonka system and keep utility funds within Shorewood. The City will install pressure reducing valves in homes located at lower elevations to protect plumbing from pressure spikes. Dresel answered questions and noted that additional information will be provided before the change-over occurs. 15. MAYOR AND CITY COUNCIL REPORTS Stover inquired about the contents of a report regarding access to Lake Minnetonka and referred to a March 11, 1994 letter received from the City of Orono. Mr. Rascop explained that several drafts of a report on the work of the Lake Access Task Force are being written and the LMCD will prepare a final report. An executive summary will be made available to the Councilmembers. 16. ADJOURNMENT TO WORK SESSION SUBJECT TO APPROVAL OF CLAIMS Mayor Brancel stated that the work session will be re-scheduled. Benson moved, Stover seconded to adjourn the City Council meeting subject to approval of claims at 9:45 p.m. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: J WL S c. HURM,_ CITY ADMINISTRATOR