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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, AUGUST 24, 1992
MINUTES
1. CONVENE CITY COUNCIL MEETING
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
The meeting was called to order by Mayor Braneel at 7:00 p.m.
A PLEDGE OF AllEGIANCE
B. ROIL CAlL
Present: Mayor Braneel; Councilmembers Daugherty, Gagne, Lewis and Stover;
Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen and
Finance Director Rolek.
C. REVIEW AGENDA
Gagne moved, Daugherty seconded to approve the August 24, 1992 agenda.
Motion passed 5/0.
2. APPROVAL OF MINU1ES
A City Council Meeting - August 3, 1992
Gagne moved, Stover seconded to approve the Council minutes of August 3, 1992.
Motion passed 5/0.
B. City Council Meeting - August 10, 1992
Stover moved, Gagne seconded to approve the Council minutes of August 10, 1992.
Motion passed 5/0.
3.
CONSENT AGENDA
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Mayor Braneel read the Consent Agenda for August 24, 1992.
Gagne moved, Stover seconded to approve the Consent Agenda and to adopt the Motions
and 'Resolutions contained therein:
A Change Order No.2 - Rochon Corp. - Public Works Facility.
B. Payment Voucher No.3 - Rochon Corp. - Public Works Facility.
C. RESOLUTION NO. 77-92 "A Resolution Approving Single Temporary
Gambling license - Knights of Columbus on Sept. 28, 1992."
D. Lease Agreement for Shorewood liquor Store - Vine Hill Road.
E. RESOLUTION NO. 78-92 "A Resolution Approving Variances and C.U.P.-
Minnewashta Elementary School."
F. RESOLUTION NO. 79-92 "A Resolution Approving C.U.P. - John Sjovall."
G. RESOLUTION NO. 80-92 "A Resolution Approving Variances and C.U.P. -
Michael Schaub."
H.
Agreement with Abdo, Abdo & Eiek for Auditing Services 1992.
I.
Request from the West Hennepin Human Services Planning Board for
Funding Support - 1993 Operating Budget.
Motion passed 5/0.
4. REPORT ON EAGLE SCOUT FROmCf - c. Capesius. 6120 Oub Valley Road
Chris Capesius reported that 62 Shorewood fire hydrants were painted in fulfillment of his
public service requirement to attain an Eagle Scout Badge. He circulated a "before and
after" photograph of a hydrant and thanked the Council for the materials supplied and the
opportunity to serve. Mayor Braneel thanked Capesius on behalf of the Council and for his
contribution to the City of Shorewood.
5. REPORT OF S1REET RECONSlRUCTION FINANCING TASK FORCE
Mr. Robert McDougal, Chair of the Street Reconstruction Financing Task Force, presented
the report of the Task Force submitted to the Mayor and Council on August 18, 1992. The
Objectives of the Task Force were: 1) define a reconstructed street, 2) review street
reconstruction needs and review funding options, 3) develop a program to match projected
revenues with projected needs, and 4) propose a fair and equitable method and procedure
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of financing reconstruction of streets.
McDougal indicated that to assist in developing conclusions to its' assignment, the Task
Force requested the staff to obtain relevant information from other cities similar to
Shorewood and consulted the chapter entitled: "Financing Improvements" of the Handbook
of Minnesota Cities.
McDougal highlighted conclusions reached by the Task Force. When the City determines
that a street should be reconstructed, it would be rebuilt to its current width unless the City
Council determined otherwise. Based on input from the cross section of representation on
the Task Force, it was concluded that the majority of residents would like to see the streets
maintained and reconstructed to their present levels rather than major upgrading that would
include curbs, gutters, sidewalks, etc. They did, however, recognize that minimums and
ordinances do exist for new developments. McDougal stated that a key element in the
report, most critical to the Council, is that their analysis shows that utilizing only general
funds results in high valued properties paying a disproportionately high portion of street
improvement costs throughout the City.
McDougal stated that a special assessment procedure would require a public hearing which
gives the property owner a formal way to offer input into the reconstruction of the street.
The Task Force agreed that financing reconstruction from the general fund would be too
much of a drain. On the other hand, the Task Force acknowledged that it may be difficult
to defend the premise that the benefits would equal the assessment if reconstruction would
be financed entirely through assessments. A likely financing method would be a
combination of both the general fund and assessment. Any changes to the current width or
street standard would have to be made by the Council after a public hearing so that by
assessing it does give the citizens the opportunity to voice their opinions on what degree of
reconstruction should be involved.
McDougal stated that after careful consideration of the method of assessment, the Task
Force recommends that the guiding principle when establishing a policy should be: "Special
assessments may be levied only upon property receiving a special benefit from the
improvement. In Minnesota, the Constitution and courts apply this general rule by placing
the following limitations upon the power to levy special assessments: 1) the rate must be
uniform and equal upon all property receiving special benefit; 2) the assessment must be
confined to property specially benefitted; and 3) the amount of the assessment must not
exceed the special benefit." He noted that the paragraph is taken directly from the
Handbook of Minnesota Cities. It best describes the concerns of the Task Force, especially
"the amount of the assessment must not exceed the special benefit" and that a guiding rule
should be what's most fair to the City and the individuals involved. Because of that, it was
concluded that there may be situations where the front footage method of assessment might
well be best. However, it has been customary to assess each unit on an equitable basis for
an improvement as in the case of the sewer. McDougal indicated that some cities reserve
the right to determine the method of assessment on a project basis and the Task Force
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could see no reason why the Council could not make that determination on a case by case
basis.
McDougal noted that with the submission of the report, the Task Force has completed its
assignment as defined in Resolution No. 54-92 dated June 8, 1992. On behalf of the Task
Force, McDougal thanked and complimented the staff for its' cooperation and assistance
and for maintaining a neutral position in the deliberations of the Task Force.
Daugherty asked how the 33 percent assessment rate was determined by the Task Force.
McDougal responded that it represented a combination of what other cities do. The range
of assessment is from 1/4 to 1/2. He noted that a 50 percent assessment is close to the
point where it is difficult to point out that the derived benefit is equivalent to the
assessment. The Task Force believed that 1/3 would be a justifiable and defensible
assessment rate.
On behalf of the Council, Gagne thanked McDougal for presenting the report and
Daugherty requested that a thank you letter be sent to the Task Force members on behalf
of the City.
Daugherty moved, Stover seconded to accept the Final Report of the Street Reconstruction
Financing Task Force as reported and contained in its memorandum dated August 18, 1992
to the Mayor and City Council.
. Motion passed 5/0.
Mayor Brancel asked the Councilmembers what they want to do with the report and its
recommendations. Gagne indicated a lot of work and effort went into the conclusions,
which he tends to agree with, and would like to see the recommendations implemented.
Stover indicated it is necessary to develop an applicable policy to implement the
recommendations. Hurm stated that additional work is required before the conclusions
would become an Ordinance and/or policy and suggested that the report be further
discussed at a budget work session.
6. PARK - None
7. PlANNING
A Report on Planning Commission Meeting - August 18, 1992
Stover reported that at its August 18 meeting, the Commission considered and took action
to recommend approval of a private road for Summit Creek Homes and also met with the
Councilmembers.
B.
Consideration of a Variance for Private Road
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Apl>licant:
Location:
Summit Creek Homes, Inc.
5375, 5371 and 5365 Shady Hills Road
Stover stated that the Planning Commission unanimously recommends approval of a
variance for a private road for Summit Creek Homes, Inc. after thorough review and
resolution of concerns raised by the Application.
Mr. Ron Walsh, Attorney representing Summit Creek Homes, Inc., stated he was prepared
to answer questions from the Councilmembers.
Gagne indicated that he understood this was a case in which work had begun before
appropriate approvals had been given. Nielsen stated that grading work did begin before
a permit was issued and that the applicant was penalized by paying a double fee for the
permit. Keane pointed out that unless the City pursues action under the Criminal Code,
there is no other recourse for these infractions under the Uniform Building Code.
Stover moved, Gagne seconded to direct the staff to prepare a Findings of Fact Resolution
for a variance to allow for a private road to serve three residential lots in Shady Hills Circle.
Motion passed 5/0.
8. CONSIDERATION OF AUTIIORIZING FINANCIAL PARTICIPATION FOR
THE EASTERLY PORTION IMPROVEMENTS TO 1.11 AC lANE
Hurm reported that the City of Chanhassen will be improving lilac Lane which includes
reconstruction to a 28 foot width with storm sewer. He pointed out that the cost of a simple
bituminous overlay of that street is $4,800 and recommends that amount be contributed to
the city of Chanhassen for its improvement project for lilac Lane, contingent upon approval
of the final plans. Engineer Dresel will review those plans to assure that the concerns of
Shorewood's residents on lilac Lane are addressed.
In response to Lewis' question, Hurm stated that neither the residents nor the City will be
assessed for the improvements on the Shorewood portion of lilac Lane. Stover indicated
her displeasure with "donations", while Gagne indicated it is a good faith gesture of working
with a neighbor city. Brancel indicated this amount appeared to be a fair contribution to
the project. It was noted that Chanhassen will assume long term repair maintenance of this
road while Shorewood will continue to provide snowplowing/winter maintenance of the
road.
Gagne moved, Lewis seconded to approve $4,800 as Shorewood's financial participation in
the Lilac Lane reconstruction project, subject to review and approval of the final plans.
Motion passed 4/1. Daugherty voted nay.
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9.
CONSIDERATION OF TIlE SOUTII lAKE MINNETONKA PUBUC SAFETY
DEPARTMENT 1993 OPERATING BUDGET
Mayor Brancel noted that the Administrator and the Mayor have reviewed, line by line, the
1993 SLMPSD budget presented by its' Coordinating Committee. The total budget will
result in an increase of 2.91 % over 1992. The Grand Total (adjusted) budget is $925,472.
Shorewood's share of the budget is $389,623.71.
Stover moved, Gagne seconded to approve the 1993 South Lake Minnetonka Public Safety
Department Operating Budget.
Motion passed 510.
10. CONSIDERATION OF A PROPOSED.ORDINANCE ESTABUSHING CITY
STORMWAlER um.xry~ RAWS" AND CHARGES.
Hurm presented a proposed Ordinance that would create a stormwater utility and reviewed
the steps necessary to establish and fund a stormwater management program. Establishment
of this utility is an integral part of the Capital Improvement Program designed to provide
financing for needed storm water management projects. Keane reviewed the applicable
statutes authorizing communities to establish such an ordinance noting that a public hearing
is required during the process. Dresel reviewed the five proposed billing classifications and
commented briefly on the method proposed for rates and charges. Hurm reviewed the
objectives of this special utility.
During discussion, staff responded to questions from Councilmembers. Council generally
agreed with the concept and that the matter requires further discussion at a future meeting
with the view to establishing the utility by year-end.
11. CONSIDERATION OF A REOlJEST TO CLOSE RADISSON E~CE
Dresel stated that during discussion of the closing of the Radisson Entrance with MNDot
representatives, they delivered a plan for the reconstruction of the Christmas Lake
intersection. He noted that MNDots long term plan is to rebuild Highway 7.
Dresel explained that the closure of the Radisson Entrance at Highway 7 is planned and
included in MNDot's work on the Highway 7 and Christmas Lake intersection. However,
that work is not scheduled until 1995-96 and Shorewood has the authority to temporarily
close the road during the interim. He suggested that the erecting of a bituminous curb,
posting "road closed" signs and providing for an adequate turn-around for emergency
vehicles could be accomplished at a minimal cost to the City.
Lewis asked what has occurred to create this problem with the Radisson Road Entrance.
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Mr. Paul Siefert, 5515 Radisson Entrance, explained that when Old Market Road opened,
traffic starting coming through Radisson using it as a cut-through short-cut. Further, he
noted that the closing of Covington Road contributed to this shift in traffic. He detailed the
safety concerns and responded to questions. Siefert requested that the City close off the
north end of Radisson Entrance where it connects with Highway 7 before the school year
begins.
Brancel asked whether the City can close off the road; Dresel noted since it is a local road,
we can do so. Lewis expressed concern about setting a precedent for closing roads.
Further, he suggested that since this is a planned MNDot project that a closure of the turn-
off lane could be adequate. Lewis pointed out that additional similar requests could be
forthcoming which would preclude MNDot's schedule and Shorewood would end up paying
for these closures. Dresel indicated MNDot would still complete all its' work at all
intersections as scheduled. Daugherty requested that adequate clear signs indicating closure
be provided for safety reasons.
Stover moved, Gagne seconded to approve the expeditious temporary closure of Radisson
Road Entrance with confirmation of MNDot's commitment to fund and complete the road's
permanent closure.
Motion passed 5/0.
12. A MOnON TO TABlE DEOSION - CONDmONAL USE PERMIT AND
VARIANCE REOUEST - VINE HllL MARKET (a.k.a. Skipperette)
Stover moved, Gagne seconded to table consideration of the C.U.P. and variance request
of James Pyle for the Vine Hill Market due to delays in acquiring details required by the
City Council.
Motion passed 5/0.
13. MATfERS FROM TIlE FLOOR - None.
14. STAFF REPORTS
A. Attorney's Report.
Keane requested that the Council set a date for an Executive Session to discuss litigation.
Councilmembers agreed that it will meet on September 14 at 7:00 p.m. in Executive Session
followed by the regular Council meeting at 7:30 p.m.
B. Engineer's Report.
1.
1992 Project Update
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Dresel briefly reviewed the status of current projects noting that the Shady Oaks drainage
and Pine Bend projects will be closed out shortly, the Public Works building projects are
nearing completion and work on Church Road continues on schedule.
C. Planner's Report. - None.
D. Administrator's Report.
1. Report on Municipal Service Delivery Options in the Lake Minnetonka Area
Hurm referred the Council to the 5 page paper distributed to them regarding "Municipal
Service Delivery Options." He noted that this paper was developed along the lines of the
Council's priorities to seek ways for the Lake Minnetonka area communities to find optional
ways to deliver programs and services. Additional work and study continues on this project
and the Council will be kept informed of developments.
Daugherty requested that informational data be provided as to what would be gained
financially as a result of the combination of various services from Shorewood's perspective.
Hurm noted that several services are already being provided on a shared basis and the
Council should be commended for its support and work to continue to look for innovative
ways to create additional efficiencies.
2. Notice on Fall Municipal Elections
Hurm announced the filing dates for City office candidates: August 25 to September 8, 8:30
a.m. to 5:00 p.rn, affidavits for candidacy accepted at Shorewood City Hall, $2 filing fee, City
offices to be voted on: Mayor (for a 2-year term) Two Councilmembers (each for a 4-year
term); incumbents are Brancel and Gagne and Stover, respectively.
3. Report on SBA Tree Grant Application
Hurm reported that Shorewood's application for a $5,000 Community Tree Planting Grant
from the SBA has been approved. Shorewood is 1 of 32 Minnesota communities to receive
a grant this year. Councilmembers urged staff to be alert to the availability of other grants
for which Shorewood may qualify.
4. League of MN Cities Regional Meeting - September 4, 1992
Hurm informed the Council of a League of Minnesota Cities Regional meeting on
September 4 at 2:30 p.m. at the Hanover City Hall and invited Council members to attend.
5.
West Hennepin Recycling for Hazardous Waste - September 25, 1992
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Hurm reported that a member of the Public Works Department will be a volunteer worker
on Friday, September 25, from 8:30 a.m.-12:15 p.rn. during the West Hennepin Recycling
Commission's Household Hazardous Waste two-day collection event.
15. COUNCll.., REPORTS
A Mayor Brancel
1. Representative to West Hennepin Human Services
Brancel stated that the Council is asked to appoint two new representatives to the West
Hennepin Human Services Planning Board. Names of qualified suggested persons should
be sent to Administrator Hurm.
Brancel requested that a letter be sent to MNDot requesting a 20 mile an hour speed limit
posting on a dangerous curve on Lake linden Drive. Gagne recalled that land has been
acquired with a view to straightening out that road.
Gagne moved, Daugherty seconded to direct staff to acquire the necessary right-of-ways to
expeditiously complete scheduled work on Lake linden Drive including elimination of the
curve.
Motion passed 4/0. Stover abstained
In response to Stover's question, Dresel reviewed the process and time frame required to
accomplish that road work.
Stover moved, Gagne seconded to request the staff to study lowering the speed limit on
Lake linden Drive.
Motion passed 5/0.
Brancel formally announced she will be running for re-election.
B. Councilmembers - None.
Lewis asked about the past due amount owed by Trivesco for park dedication fees. Keane
indicated that Shorewood will pursue its remedies and seek payment.
16. ADJOQRNMENT SUBJECf TO APPROVAL OF CI.AIMS
Gagne moved, Lewis seconded to adjourn the City Council Meeting at 8:45 p.rn. subject to
the approval of claims.
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Motion passed 5/0.
Following a short recess, the Council re-convened in a Work Session on the 1993 Operating
Budget.
RESPECfFUT .T .Y SUBM1TJ1~D.
Arlene H. Bergfalk, Recording Secretary
Northern Counties Secretarial Services
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C. HURM, CITY ADMINISlRATOR
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BARBARAJ., CEL, MAYOR
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