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091294 CC Reg Min ... . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, SEPTEMBER 12, 1994 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Daugherty at 7:00 p.m. A. B. Pledge of Allegiance Roll Call Present: Acting Mayor Daugherty; Councilmembers Benson and Lewis; Administrator Hurm, City Engineer Dresel, City Attorney Keane, Planning Director Nielsen and Financial Director Rolek. Absent: Mayor Brancel and Councilmember Stover. Review Agenda C. Lewis moved, Benson seconded to approve the agenda for September 12, 1994. Motion passed 3/0. D. Presentation by the Excelsior Chamber of Commerce The president of the Excelsior Chamber of Commerce presented a plaque of appreciation to Shorewood for its support of the 4th of July Celebration. Acting Mayor Daugherty accepted the recognition plaque on behalf of the City. 2. APPROVAL OF MINUTES City Council Regular Meeting and Work Session Minutes - August 22, 1994 Lewis moved, Benson seconded to approve the Regular City Council Meeting and Work Session Minutes of August 22, 1994. Motion passed 3/0. 3. CONSENT AGENDA Acting Mayor Daugherty read the Consent Agenda for September 12, 1994. Benson moved, Lewis seconded to remove Item 3.D. from the Consent Agenda to be placed on the regular agenda for discussion. Motion passed 3/0. Benson moved, Lewis seconded to approve the Consent Agenda and to adopt the Resolutions and Motions therein: REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 2 . A. Motion to Approve Recording Secretarial Service Agreement effective January 1, 1995-December 31, 1995. B. RESOLUTION NO. 94-72, "A Resolution Establishing Cities Week - September 25 through October 2, 1994." C. RESOLUTION NO. 94-73, "A Resolution Establishing Election Judges' Salaries" for the 1994 Primary and General Elections. D. Motion to Approve an Extension Regarding Notice to Remove. Stan Morgosky, (sic) 23622 Smithtown Road. Removed from Consent Al:enda- Placed on Rel:ular Al:enda. E. RESOLUTION NO. 94-74, "A Resolution Setting the 1995 Proposed General Fund Budget and the Preliminary 1994 Property Tax Levy Collectible in 1995." F . RESOLUTION NO. 94-75, "A Resolution Setting Public Hearings on the Proposed 1995 Budgets and the 1994 Property Tax Levy Collectible in 1995." November 29 and December 19, 1994. G. RESOLUTION NO. 94-76, "A Resolution Setting a Public Hearing on Proposed Assessment of Delinquent Sewer, Water and Stormwater Utility Charges, City Clean-up Charges and Property Clean-up Charges." October 10, 1994. . H . Motion to Authorize the Hiring of Ms. Kathleen Hebert to the position of Senior Accounting Clerk effective September 19, 1994. I. Motion to Set CDBG Reallocation Public Hearing for 7:15 p.m., September 26, 1994. J. RESOLUTION NO. 94-77, "A Resolution Making an Appointment to the Shorewood Parks Foundation Board of Directors. William Keeler, effective September 1994, to a term expiring 3/15/96. K. Motion Authorizing the Joint Bidding of Recycling Services with Mound, Spring Park, Wayzata, Excelsior and Minnetonka Beach. L. Motion Adopting a Resolution Accepting Silverwood Improvements and Authorizing Final Payment. POSTPONED. M. RESOLUTION NO. 94-78, "A Resolution Relating to a Finding of Public Purpose for the Acquisition of Easement for Public Water Storage." Ronald R. Johnson property. Motion passed 3/0. . 3.D. MOTION TO APPROVE AN EXTENSION REGARDING NOTICE TO REMOVE Applicant: Stan Morgovsky Location: 23622 Smithtown Road REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 3 . Nielsen referred to the August 1 Notice to Remove letter which details the unlicensed and/or inoperable vehicles at 23622 Smithtown Road and allows 10 days for removal of the vehicles and an August 1 letter to Mila Morgovsky detailing the zoning violation of conducting business in a residential district at the same location and requiring removal of the vehicles immediately. He stated that a request for additional time to September 10 was granted. Some vehicles still remain on the property and Nielsen recommended an extension to September 15. Nielsen recommended that if the property is not in compliance on that date, the matter be turned over to the City Attorney for legal action. Ms. Mila Morgovsky, 23622 Smithtown Road, explained the vehicles were moved to her property from her son's former business. Her son has subsequently moved to Moscow, Russia. She has attempted to re-Iocate some of the vehicles after returning from a vacation in Moscow. Ms. Morgovsky stated she understands that conducting business on her property is not allowed and requested additional time to dispose of the remaining vehicles. Following discussion, the Councilmembers agreed to grant additional time for removal of the vehicles. Benson moved, Lewis seconded to approve an extension to Wednesday, September 21, 1994, to the Notice to Remove for Mila Morgovsky, 23622 Smithtown Road. Motion passed 3/0. . 4. PARKS - Report by representative Commissioner Colopoulos presented information on the matters before the Council for consideration and action relating to Park Commission business. 1. A Motion to Adopt an Ordinance Amending Section 902.04 Providing for Speed Restrictions in City Parks The Park Commission recommends that the Council adopt an ordinance amendment to reduce the speed limit within Shorewood parks from 20 mph to 15 mph. Hurm noted that a report proposing action with regard to speed limits on roads adjacent to City parks will be presented to the Council at a later date. . Lewis moved, Benson seconded to adopt ORDINANCE NO. 294, "An Ordinance Amending Chapter 902.04 of the Shorewood City Code Providing for Speed Restrictions in City Parks." Motion passed 3/0. 2. A Motion to Approve Plans and Authorize Advertisement for Bid for CDBG Handicap Accessibility Projects in Parks The Park Commission recommends that the Council approve the plans and authorize bid advertisement for the handicapped access paths and resilient surfacing projects in Freeman, Manor and Cathcart parks at a cost of $14,200 including the services of Bruce Chamberlain as project manager. The project will be funded by the CDBG program. Lewis stated the $3,000 administrative cost appears high for the relatively small projects. Bruce Chamberlain, Park Planner, explained that although the project is small, it still requires preparation of a bid package, field work, and overseeing and inspecting the work. Hurm added that because the project is funded by the CDBG program, time for discussion/meetings is also required. . . . REGULAR CITY COUNCIL MINUTES September 12, 1994 . PAGE 4 . Benson moved, Daugherty seconded to approve the plans and authorize advertisement for bid for CDBG handicap accessibility projects in the Parks. Motion passed 3/0. Benson stated that while the administrative cost related to work is rather high, this project is valuable as it will essentially complete and enhance the recent installation of $100,000 worth of playground equipment in the parks by making them useable and accessible by handicapped persons. Benson moved, Daugherty seconded to approve the letter of agreement for the services of Bruce Chamberlain as project manager for an amount not to exceed $3,000. Motion passed 3/0. 3. A Motion to Accept the Low Quote for Silverwood Park Landscaping Project from Wilson Nursery The Park Commission recommends that the Council accept the low quote of $12,021.50 received from Wilson Nursery for the Silverwood Park landscaping project. Colopoulos reported that the Tree Trust will be available for planting assistance this fall. Plants specified for spring planting will be delivered and planted next spring. Lewis requested clarification about plant warranties. The Nursery's base bid does not include a warranty as to productiveness after transplantation of the product. Installation of the plants by the Nursery with a I-year warranty from the date of completion and final approval would add $8,123.00 to the bid. Following discussion, the Council directed the staff and Park Commission to negotiate with the bidder some warranty for the product at a reasonable cost and report back to the Council at its September 26 meeting. Therefore, the Council took no action on the recommendation to accept the low quote for Silverwood Park landscaping. 5. PLANNIN G . Report by Representative Commissioner Pisula reported on the actions taken by the Commission at its September 6, 1994 meeting. A. Consideration of Revising Fence Regulations for Pre-existing Swimming Pools Applicant: Location: Daniel Lundgren 5520 Sylvan Lane Mr. Daniel Lundgren, 5520 Sylvan Lane, requested that the City amend its zoning ordinance to require fencing of swimming pools that were constructed prior to the adoption of current fencing requirements in the interest of safety. Nielsen indicated the City is aware of 2-3 nonconforming pools. He explained that based on the City Attorney's advice, those property owners who were grandfathered in 1985, while not required to comply, have been informed of noncompliance. During discussion, the Councilmembers concurred with Mr. Lundgren that unfenced pools present a clear danger and that review of the zoning code is appropriate. Daugherty suggested that when REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 5 . City inspectors are conducting routine inspections, any irregularities and/or suspected violations or situations be investigated. Lewis moved, Daugherty seconded to refer revision of fence regulations for pre- existing swimming pools to the Planning Commission for review and recommendation. Motion passed 3/0. B. Consideration of a Street Light Request - Lawtonka Drive and Timber Lane Nielsen reviewed the request petitioned by residents of Lawtonka Drive for installation of a street light at the intersection of Lawtonka Drive and Timber Lane. The petitioners cite vehicular safety as the reason for the request. The request is consistent with current policy which allows street lights at intersections. Nielsen reported that responses have not been received from any nearby residents notified of the request. Lewis moved, Benson seconded to approve installation of a street light at the intersection of Lawtonka Drive and Timber Lane. Motion passed 3/0. . C. Presentation of an Interim Ordinance Regarding Development Moratorium Keane reviewed 2 optional development moratorium ordinances prepared as directed by the Council. Option A proposes to restrict the acceptance, processing or approval of requests for subdivision of land resulting in 3 or more lots. Option B is similar to A with the exception that those applications for specifically defined elderly housing would be excluded from the ordinance. Both Options would be effective upon publication until November 14, 1994 unless extended by the Council prior to or on that date. The intent of the interim ordinance is to allow the City sufficient time to complete the update of its comprehensive plan; its purpose is to protect the planning process, the health, safety and welfare of the citizens and property of the City of Shorewood. Keane stated no Council action is required at this time except to refer the selected Option to the Planning Commission for consideration and a public hearing. Lewis expressed concern that completion of the Comp Plan by November 14 is not realistic, therefore the prohibition from processing subdivision applications could have a significant detrimental effect on the 1995 construction season. Keane explained that such a concern is justified, however, he cautioned the Council that to accept or process development requests during the moratorium would allow an applicant to revise its proposal based on activities related to processing. Until the Comp Plan is completed, processing could result in a misdirected conclusion assumed by the applicant. Nielsen reviewed the schedule for updating the Comp Plan. A draft is expected to be presented for a public hearing in late January 1995. Daugherty encouraged the staff and Planning Commission to analyze its schedule with a view to expediting the update process. Nielsen indicated the schedule will be reviewed at the September 20 Commission meeting and explained that the Commission's goal is to avoid any interference with the 1995 construction season. Mr. Terry Forbord, Lundgren Bros. Construction, referred to his letter dated September 12, 1994 which offers for the Council's consideration a variance provision amendment to the proposed moratorium ordinance. He stated that because Metropolitan Council review of updated Comp Plans takes at least 90 days, obtaining the necessary approvals for construction in 1995 is a serious concern. . REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 6 . It was clarified that the intent provision of the proposed moratorium allows the City sufficient time to complete its Comp Plan; it is not tied to Met Council approval. Keane explained it is within the City's prerogative to terminate the moratorium and resume its application process pending approval of the Comp Plan amendments at the Met Council level. Keane indicated that a review and recommendation will be made to the Planning Commission on the applicability of the variance amendment proposed by Mr. Forbord. Following discussion, the Councilmembers agreed that Option A interim moratorium ordinance drafted by the City Attorney reflected their position. Hurm reported the Planning Commission will conduct a hearing on the proposed ordinance on September 20, 1994. Benson moved, Lewis seconded to refer to the Planning Commission for review and recommendation Option A, "An Interim Ordinance Adopting a Moratorium on Review and Approval of Certain Subdivision in the City of Shorewood." Motion passed 3/0. 6. REPORT FROM SENIOR CENTER TASK FORCE REPRESENTATIVE AND REPORT ON MAYOR'S MEETING HELD AUGUST 24. 1994 . Mr. Robert Gagne, Chair of the Senior Center Task Force, reported on results of a meeting held with mayors of lake communities regarding matters related to possible construction of a senior/community center. While a consensus was not reached in terms of financial participation, Gagne indicated that an underlying attitude of support in some form from the cities' representatives was apparent, however, commitments were implied but not specific. Gagne described preliminary plans prepared by an architect for construction of a limited budget ($391,000) senior center. He suggested that the City of Shorewood consider initiating construction of a limited budget senior center and that the Councilmembers meet in a work session with the architect to develop financially feasible specifications. During discussion, the Councilmembers considered the merits and ramifications of Mr. Gagne's suggestion. To protect the interests of the City of Shorewood, the members agreed that additional conclusive information is necessary to determine the extent of participation by the other communities. Daugherty moved, Benson seconded to direct the staff to prepare a draft letter to the participating cities to request/determine their financial support for construction of a senior center by Shorewood. Motion passed 3/0. 7. CONSIDERA TION OF THE 1995 FIRE CONTRACT BUDGET - CITY 0 F EXCELSIOR . Hurm presented the City of Excelsior's 1995 Fire Contract Budget. He reported that Shorewood's recommendation for reducing the Vehicle Equipment budget by $5,000 and adding an additional year to the replacement schedule was not favorably accepted by the contract cities. Hurm explained that the recommendation was based on a 12-1/2% increase in Shorewood's contribution to the 1995 fire protection budget. Hurm recommended that the Council approve the 1995 budget as prepared by the Excelsior City Council with the equipment schedule as originally proposed. Benson acknowledged the validity of the formula and that a five year budget was accepted and approved by the contract cities in 1994. He explained, however, that Shorewood's recommendation to extend the vehicle replacement schedule by one year was not intended to REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 7 . undermine that agreement, but represented Shorewood's judicious reaction to a sharp increase in its contribution to the 1995 fire protection budget. Benson moved, Lewis seconded to accept and approve Shorewoodls contribution to the 1995 Fire Contract Budget-City of Excelsior in an amount not to exceed $117,070. Motion passed 3/0. 8. CONSIDERA TION OF THE 1995 FIRE CONTRACT BUDGET - CITY 0 F MOUND Hurm presented the City of Mound's 1995 Fire Contract Budget which covers fire protection services for the Islands portion of Shorewood. Shorewood's 1995 appropriation is $6,443, which represents a $1,121 increase over 1994. The increase represents set-aside funds for equipment replacement, increases in service calls, and Shorewood's market value of the fire department. r Benson moved, Lewis seconded to accept and approve Shorewoodls contribution to the 1995 Fire Contract Budget - City of Mound, in an amount not to exceed $6,443. Motion passed 3/0. 9. CONSIDERATION OF A MOTION TO SET MEETING DATES FOR NOVEMBER AND DECEMBER . Hurm reported that Mayor Brancel requested that consideration of Council meeting dates for November and December 1994 be delayed for discussion at the Council's September 26 meeting. 10. CONSIDERATION OF THE PROPOSED LAKE MINNETONKA CABLE COMMISSIONIS 1995 OPERATING BUDGET Hurm reviewed the proposed 1995 operating budget submitted by the Cable Commission (in the absence of Jim Daniels, its administrator). He recommended approval of the budget which represents a zero increase and is within $200 of the 1994 budget. Hurm noted these funds do not come from property taxes but are franchise fees. Lewis moved, Benson seconded to approve the 1995 Lake Minnetonka Cable Commission Operating Budget. Motion passed 3/0. 11. MATTERS FROM THE FLOOR - None. 12. DISCUSSION ON POLICY ISSUES - None. 13. ADMINISTRATOR AND STAFF REPORTS A. Report on Metropolitan Council's Population Estimates Acting Mayor Daugherty read the population and household estimates for Shorewood provided by the Metropolitan Council. It is estimated that from April 1,1990 to April 1, 1993, Shorewood's population rose from 5,917 to 6,430; and households rose from 2,026 to 2,224. . B. CDBG Program - Allocation of Funds . . . . REGULAR CITY COUNCIL MINUTES September 12, 1994 - PAGE 8 Hurm informed the Council that the City intends to issue a press release in an effort to solicit eligible residents for home rehabilitation or improvement assistance currently available to the City under the CDBG program to avoid losing the funds. 14. MAYOR AND COUNCIL MEMBER REPORTS - None. 15. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Benson moved, Lewis seconded to adjourn the City Council meeting subject to approval of claims at 9:00 p.m. Motion passed 3/0. RESPECTFULL Y SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: ~~L~ ROB B. DAUGHERTY, ACTING MAYOR C. ;ifvVVJ ES C. HURM, CITY ADMINISTRATOR