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121294 CC Reg Min . . . sc~ltg) 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. . . . 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 . 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 . 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.) .. REGULAR CITY COUNCIL MINUTES December 12, 1994 - PAGE 4 . 7. CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING THE 1995 PAY SCALE AND CITY'S CONTRIBUTION TOWARD INSURANCE PREMIUM FOR CITY EMPLOYEES . 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 . 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. . ~ REGULAR CITY COUNCIL MINUTES December 12, 1994 - PAGE 5 . 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 . ~~~ ROBERT B. BEAN, MAYOR ATTEST: JA M, CITY ADMINISTRATOR