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121492 CC Reg Min ,~ "'I. ~. . - . . . . . CITY OF SHOREWOOD REGUlAR CITY COUNCIL MEETING MONDAY, DECEMBER 14,1992 COUNCIL CHAMBERS 5755 COUNIRY CLUB ROAD 7:00 P.M. MINUTES 1. CAlL TO ORDER The meeting was called to order by Mayor Brancel at 7:12 p.m. PLEDGE OF ALLEGIANCE A ROIL CAlL Present: Mayor Brancel; Councilmembers Daugherty, Gagne, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planner Nielsen and Finance Director Rolek. B. REVIEW AGENDA Daugherty moved, Gagne seconded to approve the Agenda for December 14, 1992, as amended, with items 6.B. and 6.C. be considered in reverse order; an addition to agenda item B.C. Planner's Report: 2. Consider a joint road maintenance service agreement - Cedar Ridge; and deletion of item 1. on the Executive Session agenda. Motion passed 5/0. 2. APPROVAL OF MINUTES Gagne moved, Daugherty seconded to approve the November 30, 1992 Council meeting minutes as amended: deletions on page 6, paragraph 5, line 1: "In response to Daugherty's question," and paragraph 7, line 5: "In response to Daugherty's question,"; and on page 14, paragraph 3 under 12. B. be corrected to read: "Stover asked whether a traffic count on Old Excelsior Boulevard has been completed and why so many new traffic signs are being erected. Dresel stated that due to malfunctioning equipment a traffic count on Old Excelsior Boulevard has not yet been conducted and that conformance signage is being erected by Hennepin County as required. Stover reported that residents are complaining about the proliferation of signage." Motion passed 5/0. . . . , . REGUlAR CITY COUNCIL MINUTES DECEMBER 14,1992 - PAGE 2 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for December 14, 1992. Gagne moved, Daugherty seconded to approve the Consent Agenda and to adopt the Resolutions therein: A RESOLUTION NO. 120-92 "A Resolution Approving Refuse Collector's license - 1993." B. RESOLUTION NO. 121-92 "A Resolution Denying a Variance for Two Docks on One Parcel of Land" (Dorothy M. Smith, 27940 Smithtown Road) C. RESOLUTION NO. 122-92 "A Resolution Approving Subdivision of Real Property." (Douglas I. Shoutz, 6130 Cathcart Drive) D. RESOLUTION NO. 123-92 "A Resolution Authorizing the Transfer of Funds." Motion passed 5/0. 5. PARK - Report on December 8, 1992 Park Commission Meeting - None. Hurm reported that Park Commission meetings are scheduled for January 5 and 12, 1993. 6. PLANNING A. Report on Planning Commission Meeting of December 1, 1992 Planning Commissioner Malam reviewed actions taken and recommendations made to the Council at the Commission's meetings on November 17 and December 1, 1992. By a 4/3 vote, the Commission recommended approval of the amendment to rezone from Single-Family ResidentialjShoreland to Lakeshore- RecreationaljShoreland requested by the Upper Lake Minnetonka Yacht Club and to amend the Lakeshore-Recreational District Requirements of the Shorewood City Code. Malam conveyed the views of the Commissioners who voted against the recommendations. Although the dissenting Commissioners agreed that the yacht club is a benefit to Shorewood and to the area in general and supported the club's desire to improve its facilities; they indicated, however, that primarily the addition of the striped and paved parking lot and to a lesser degree the widening of the road (both required under the zoning) would create an adverse impact on the neighborhood. Further, while recognizing the differences between a yacht club and a commercial marina, those Commissioners felt that an amendment to the Code to increase the number of slips was inappropriate in that it is specifically designed to accommodate one club. 2 . . . , '. REGULAR CITY COUNCIL MINUTES DECEMBER 14,1992 - PAGE 3 Malam also reported the Commissioners: unanimously voted to recommend approval of the application of Minnewashta Church, Vanman Construction, for a C.U.P. for construction of a church in a residential district and the deposit of fill in excess of 100 cubic yards, subject to the staffs recommendations; unanimously voted to recommend approval of the amendment to the City Code providing for medical caretakers under age 62 in Shorewood's elderly housing; and unanimously voted to recommend approval of a concept stage C.U.P. for Gideon's Woods P.U.D., Katter Development Corporation, subject to the staffs recommendations. C. Amendment to Rezone from R-1C/S (Single-Family ResidentialjShoreland) to L- RIS (Lakeshore-RecreationaljShoreland) (tabled from 11-30-92 meeting) Applicant: Location: Upper Lake Minnetonka Yacht Club 4580 Enchanted Point Nielsen briefly noted that the Council must address both re-zoning and variances related to this Application and indicated that the applicant has made modifications to it's original site plan. Brancel noted that this item was tabled at the November 30 meeting. She noted that the Applicant had requested a 30-day extension; however the Council agreed to consider and take action on the application at this meeting. Daugherty reported that he has received considerable public input regarding this matter. He stated that the majority view was that the yacht club, in its present state and under the current permits which allow it to exist, is operating under its proper use. The neighborhood likes the club the way it is and does not favor the proposed improvements. Daugherty indicated his support of the residents' majority view, and suggested that perhaps the club could have approached the neighborhood early in the process to gain its support. Lewis stated that the club's efforts to solicit the help of the neighborhood appear to have been stymied. He stated that the club as it currently exists certainly needs to be improved. Lewis indicated the main issue facing the Council was that of the yacht club not being able to improve its facilities. He stated that circumstances change notwithstanding the agreements that may have made in the early 1970s and expressed support of the proposed improvements as being appropriate. As to the zoning, Lewis stated that clarification should be made of the distinctions between a private sailing club and a commercial operation. Gagne stated that the Islands are a unique part of Shorewood, special to the community, that the current operations and position of the yacht club are understood by the residents and that a black topped road, a parking lot and a building would adversely detract from the existing quality of the Islands. 3 REGUlAR CITY COUNCIL MINU1ES DECEMBER 14, 1992 - PAGE 4 . Gagne moved, Daugherty seconded to direct the staff to prepare a findings of fact resolution to deny the application variances and to rezone from R-IC/S to L-R/S of the Lake Minnetonka Yacht Oub, 4580 Enchanted Point. Stover stated that the yacht club has functioned effectively and efficiently since it has been there, demonstrated by the number of persons who have benefitted from its services and that there appears to be no disadvantage for the club to continue its current level of operations. Lewis stated the intent is to enhance the ability of the members and residents to use the property. Brancel stated that over the years the Club has operated as a conditional use of the property and the proposal could increase activity. She noted that if the location of the club were not so close to residential properties, the proposed improvements would be more feasible. Motion passed 4/1. Lewis voted nay. Formal action on the Resolution will be taken at the Council's January 11, 1993 meeting. B. Amendment to the L- R, Lakeshore-Recreational District Requirements of the Shorewood City Code (tabled from 11-30-92 meeting) . Stover stated that this amendment is proposed to adjust the number of slips allowed for the Upper Lake Minnetonka Yacht Club if it was approved in the L-R zone. Currently the Yacht Club is grandfathered as a conditional use under the R-1CjS (residential) zoning. Since the rezoning was not approved, an amendment to the Code is not necessary to accommodate the yacht club. Stover pointed out that a rezoning change could have affected another yacht club in that it could increase the number of slips it would be allowed. Nielsen clarified that this amendment would allow the yacht club to have 25 slips, five fewer than it currently has in place. Stover moved, Gagne seconded to deny approval of an amendment to the L-R, Lakeshore- Recreational District Requirements of the Shorewood Uty Code. Motion passed 4/1. Lewis voted nay. Mr. J. Owen Nelson, attorney representing the Lake Minnetonka Yacht Club, thanked the Council for its consideration of the matter. Nelson then served a Summons and Complaint action on the Council members. . 4 . . ., REGUlAR CITY COUNCIL MINU1ES DECEMBER 14, 1992 - PAGE 5 D. Consideration of a C.U.P. for Construction of a Church in a Residential District, and Deposit of Fill in Excess of 100 Cubic Yards - Minnewashta Church, 26715 West 62nd Street Nielsen noted that the applicant, represented by Vanman Construction, has been very cooperative in terms of submitting information requested by the staff and the Planning Commission and has completed all the modifications necessary to its plans addressing issues raised, particularly with reference to the drainage on the site. The staff recommended approval of the conditional use permit. Stover moved, Lewis seconded to direct the staff to prepare a findings of fact Resolution approving a C.U.P. for construction of a church in a residential district, and deposit of fill in excess of 100 cubic yards for Minnewashta Church, 16715 West 62nd Street. Motion passed 5/0. E. Consider an Amendment to Section 1201.03 Subd. 20 (Elderly Housing) of the Shorewood City Code Providing for Live-in Care-Providers Under Age 62 Gagne noted that a developer is currently constructing a complex strictly for seniors age 62 and older and this amendment will allow a live-in care-provider under the age of 62 in such developments. The amendment is intended to provide a legal basis for a complaint process should abuses of regulations arise. Gagne moved, Lewis seconded to approve Ordinance No. 262 "Amending Chapter 1201 of the Shorewood Uty Code Relating to Zoning Regulations." Motion passed 5/0j. F. Consider a Motion to Adopt a Resolution Granting a C.U.P. - Gideon's Woods P.U.D. (Concept Stage). Discuss Environmental Assessment Worksheet (EA W) - Katter Development Corporation, 24590 Glen Road (tabled from 11/20/92 meeting) Nielsen indicated that the developer proposes to revise the concept plan to address the concern of the neighborhood with respect to the Gideon building, the homestead itself. He has proposed to leave the building on the site and move it to the south west corner to be the first house on Glen Road, build a carriage house type apartment to qualify it under the R-C zoning, and hoped this would eliminate the need for an EA W. However, the Environmental Quality Board and the State Historical Society, ruled that moving of the building will necessitate an EA W. The EA W matter will come back to the Council at its January 11, 1993 meeting. Nielsen pointed out that the proposed revision of the site plan is a good solution to preserve and maintain the historical building even though the historical society has indicated that it is not the building but the site and property that is of significance. The neighbors were interested in not having the building destroyed and a move 5 REGULAR CITY COUNCIL MINUTES DECEMBER 14,1992 - PAGE 6 . of the building will make it more visible to the public, although not accessible to the public unless it is purchased by the public. Nielsen pointed out that the proposed findings of fact resolution does indicate that approval, if given, is subject to the necessary environmental review (EA W). Laura Turgeon, 24670 Amlee Road: There is a question in the historical site survey done which is a debatable issue, number 19 on the surveyor's additional comments. There is a comment that the house has been modified greatly and no longer possesses integrity. This is a debatable issue. The addition was put on by Peter Gideon. The house, with its addition, as it stands now is what was listed on the national register. So I am debating that clause with the historical society. The surveyor who did this is an architectural historian and is looking at it from that point of view and did not get it accurate as to when the addition was constructed. . Fred Katter, Katter Development Corporation, stated this has been reviewed thoroughly with the historical society including the file and report developed when it was first applied for listing in the summer of 1974, along with photographs. Photographs taken of the building as it stands today show that the original survey is correct in that the building no longer has its original integrity. Since 1974, according to Katter, a garage, deck, screened porch have been added, a large portico has been modified, all the windows, siding and roof have been changed. Because of these dramatic changes, Katter stated there remains no historical preservation of what the house was in 1974 or before. In addition, Katter pointed out that a representative of the historical society has never visited the property and that a number of houses have been built since 1974, without EA Ws, within what the society considers the historical site. The Corporation is attempting to negotiate a reversal of the society's position to the extent of legal action. Katter described the locations of the homes built since 1974. . George Harrison, 24710 Amlee Road: My house was built in 1976 with MHFA funds on the property that Mr. Katter is referring to. Katter has not demonstrated an ability to handle the excess water run-off from this property when he brings it up to a questionable 30% hard cover surface, he has it directed to my back yard which he has designated as a wetland area. I agree that part of my property is a swamp and we let the kids skate on it. This has flooded in the past. Mr. Katter's plans show he would excavate an extremely large hole along side County Road 19 and the existing trail, his northern property line, where he would have a holding pond adjacent to County Road 19 which would empty into what he refers to as a ditch running west along the northern property line, currently on the state trail. I believe there is an ordinance in this City that he is required to prove that he is not going to damage other people's property by having water run on it. I would like this be looked into. As far as Mr. Katter concluding that my house was built on what was designated as historical grounds is absolutely absurd. I am well west of two houses that back up to his property. Four houses were built in 1976-77, next to each other. This man is, I believe, reaching for every attempt to make this thing go. I think we should look carefully at the historical value and density he has planned and look carefully at the hard-cover surface and the watershed. 6 . . . REGUlAR CITY COUNCIL MINUTES DECEMBER 14, 1992 - PAGE 7 Dresel reminded the Council that this is a concept stage development request and detailed calculations will be required to showing that the developer is not allowing a rate of discharge that is higher than currently is there. Gagne asked what happens and who is responsible if problems with drainage arise in the future. Dresel indicated that the watershed district will require the developer to provide discharge rates that would accommodate extreme conditions that is half or less than what currently exists. Keane stated that the standards of the City and the watershed district limiting the discharge rates establish protection to the neighboring residents. The development agreement provides security and there are legal remedies beyond that. Katter stated that the calculations available clearly show the proposed pond would more than accommodate extreme conditions (very heavy rainfall for 8 minutes). Katter reaffirmed the position of the Corporation of not only over-sizing the pond so it handles extreme conditions, but also to enhance the infrastructure of the neighborhood by relieving some of the existing water retention problems over and above that associated with its project. The development, Katter noted, will be reduced by one building and there will be 25% impervious cover on the site. Katter indicated the development will upgrade the historical quality of the site as well as provide quality twin homes. Stover questioned whether the entire area is part of a previously approved drainage plan. Dresel stated there is an overall plan developed by the watershed district, but that this development does not fall in that particular plan. Dresel described the natural water run-off surrounding this site and the requirements and plan for accommodating drainage. Mr. Harrison referred to the developer's plan regarding limiting the removal of trees of a specified size and indicated that over-sizing of the pond will result in clear-cutting of a significant number of trees. Nielsen stated that the Planning Commission required the developer to submit a tree inventory from which it would be determined which trees would be cut and which preserved based on the preservation plan and that a landscape plan would enhance and augment that plan. More details to those plans will be required for the developmental stage. Gagne asked for clarification of the location of the pond. Nielsen stated it will be located in the 40' outlot. Brancel asked whether the run-off will be going into Tonka Bay since it is running along the railroad right of way. Nielsen stated the water will be running to the west before it goes into Tonka Bay. M. Harrison stated that right of way is not maintained. He has shoveled out the over-grown culvert to attempt to provide better drainage. He stated this is not a well maintained area for what is proposed to be added to it. Nielsen stated that Public Works will be requested to review the culvert referred to by Mr. Harrison. 7 REGUlAR CITY COUNCIL MINUTES DECEMBER 14, 1992 - PAGE 8 . Lewis stated that a number of conditions have been attached to this application as a result of the Planning Commission's review of the application. He pointed out that the Council is considering a concept stage P.D.D. and additional conditions may be added by the Council, the City staff and/or the watershed district as the application continues through the development stage process. Gagne moved, Lewis seconded to adopt RESOLUTION NO. 125-92 "A Resolution Approving the Concept Plan for Gideon's Woods P.D.D.," subject to the staff's recommendations and to the findings of the Environmental Assessment Worksheet (EA W). Motion passed 5/0. The Council agreed that it was appropriate for the developer to move forward with the development stage process, but informed the developer that the Council may not take final action on that stage until the EA W process is completed. 7. CONSIDER A RESOLUTION ESTABUSIDNG A RATE OF THE CITY'S CON1RIBUTION TOWARD THE MONTHLY INSURANCE PREMIUM FOR CITY EMPWYEES (tabled from 11/30/92 meeting) . Daugherty stated that based on the approved salary increases for staff, it appears that the increase adequately compensates for increased employee insurance costs and therefore an additional increase in the City's contribution toward the insurance premium is not justified. Lewis asked for clarification of LOGIS. Rolek explained that it is a consortium that provides insurance coverage comparable to that of other groups. Stover indicated support of the resolution since the money has already been approved in the 1993 budget and is rather minimal in relationship to the esprit de corp on the part of the City staff. Many of the City staff will be receiving this additional contribution and it is appropriate that all the staff receive it. Brancel agreed that after review of the matter, noting that the increase is included in the Public Works contract, it appears appropriate and fair that all employees receive this increase. Lewis referred to the wide range of insurance contributions of other cities in the Metro area. Rolek noted that based on 1992 data Shorewood's contribution is slightly below that of the average contribution of cities under 10,000 population in the Metro area and below the average for Lake communities. Lewis agreed that with a union contract in place with the higher contribution, it is important to maintain consistency for all employees. . Gagne indicated support of the increase but expressed the view that the contribution should 8 REGUIAR CITY COUNCIL MINUTES DECEMBER 14,1992 - PAGE 9 . be frozen at this level and any future insurance cost increases be passed to the employees to reflect the practice of other employers. Lewis moved, Gagne seconded to adopt RESOLUTION NO. 125-92 "A Resolution Establishing a Rate of the City's Contnbution Toward the Monthly Insurance Premium for City Employees." Motion passed 4/1. Daugherty voted nay. 8. CONSIDER A CHANGE ORDER - EXHAUST SYSTEM FOR THE PUBUC WORKS FACILITY Hurm noted that two problems have been identified related to the exhaust systems in the new Public Works facility. One issue is related to the design and will be dealt with in the future. Quotes on work to be addressed immediately relate to ventilation in the service bay areas which is not functioning as anticipated. He noted the cost of improvements, estimated to be about $6,600, are the financial responsibility of the City and funds are available because it appears the project will be about $70,000 under budget. Hurm requested authorization to accept a bid of not more than $6,600 to make the improvements. With respect to the other problem, Hurm noted that the design considerations were not originally considered adequately. Keane indicated that it appears there is a disparity between the expectations and what was actually installed. . Daugherty moved, Gagne seconded to authorize an expenditure, not to exceed $6,600, for expeditiously improving ventilation in the Public Works facility. Motion passed 5/0. 9. CONSIDER AMENDMENTS TO THE SHOREWOOD CODE BOOK - MUNICIPAL FEE SCHEDULE ORDINANCE 250-92 Rolek stated this Ordinance will amend the section of the Code which groups all the City's fees and charges. He highlighted the key changes which include changes in fees for utilities- water and sewer. Gagne and Lewis stated they do not want to pass the increased 1993 sewer charges to the residents and would prefer that it remain a debt owed to the MWCC. Stover supported the collection of the increased sewer amount to be held in a special fund and suggested that if the City is successful in it's challenge of the MWCC rates, that money be rebated back to the residents. However, she pointed out, if the challenge is unsuccessful and the increase must be paid, residents would be faced with a much larger increase in subsequent years placing undue hardship if not collected when due and payable. . Gagne stated the proposed increase is taxation without representation. Lewis reminded the 9 . . . REGULAR CITY COUNcn. MINUTES DECEMBER 14, 1992 - PAGE 10 touncil that the Attorney has been charged with aggressively pursing legal action against the increase. Daugherty indicated that it is the contention of the Attorney that the best way to insure the taxation without representation issue is not to pass on the increase and pressure MWCC to find a way to collect it. Lewis understood that the City would not collect it and if in fact the increase was allowed, the MWCC would be required to collect the difference between what will be paid and that which is outstanding. I ~tover reiterated that it would be prudent for the City to collect the increase from the residents. Brancel stated that it appears, however, that the majority of the Council agrees not to pass the increased cost to Shorewood residents. Keane reviewed the intended procedure for handling this issue. He stated that the MWCC will be advised that the increase in charges will not be passed to the residents. Keane outlined the mechanism available to MWCC under State Statute for collecting the increase. MWCC will likely ask the County Auditor to certify the difference in those charges against the properties within the City of Shorewood; in effect a prorated surcharge/surtax would be levied against each household. Keane clarified that it would neither enhance nor jeopardize the City's position if the increase were collected by the City and held in escrow. Rolek indicated the 1992 sewer rate will be inserted in the proposed Ordinance to reflect the decision of the Council not to pass the 1993 sewer increase to residents. Rolek reviewed the remainder of the fee updates in the amended Ordinance. t The Council agreed that there would be no charge for mailing a resident a copy of the Council agenda upon an individual's request. Gagne moved, Daugherty seconded to approve ORDINANCE NO. 263 "Amendments to the Shorewood Code Book - Municipal Fee Schedule Ordinance 250-92," with the cdrrections noted including the 1993 sewer rate. Motion passed 4/1. Stover voted nay. 10. CONSIDER ADOPTING A RESOLUTION AMENDING THE SHOREWOOD CAFElERIA BENEFIT PROGRAM INCREASING THE MAXIMUM PARTICIPATION FOR HEALTH CARE REIMBURSEMENT TO $1,500 This program allows participating employees to withhold part of their salary to pay for insurance premiums, health care costs and dependent care costs with pre-tax dollars. Rolek stated that after examination of the $1,000 cap previously placed on this program, an increase to $1,500 is recommended, based primarily on requests from. employees. Daugherty asked for clarification of how the program works. Rolek explained that this contribution is deducted from paychecks over and above the regular insurance premium for 10 . . . .... REGUlAR CITY COUNCIL MINUTES DECEMBER 14, 1992 - PAGE 11 use by employees to pay claims not covered by insurance. He noted that City funds are saved under this program since the deduction is made from pre-tax dollars and FICA need not be deducted from that amount. Lewis moved, Stover seconded to adopt RESOLUTION NO. 126-92 "A Resolution Amending the Health Care Reimbursement Program Portion of the Shorewood Cafeteria Program." Motion passed 5/0. 11. CONSIDER PETITION REGARDING SHOREWOOD OAKS DRIVE STOP SIGNS Hurm brought the Council's attention to a petition and letter received from residents requesting the removal of stop signs on Shorewood Oaks Drive. Brancel asked for comments from the petitioners. There was no response. Daugherty moved, Gagne seconded to deny removal of stop signs on Shorewood Oaks Drive requested in the residents' petition. Motion passed 5/0. 12. MATIERS FROM TIlE FLOOR - None. 13. STAFF REPORTS A. Attorney's Report Keane briefly commented on the Summons and Complaint served by the Upper Minnetonka Yacht Club noting that the defense will be tendered to the League of Cities. He answered Councilmembers' questions and indicated he will keep the members apprised. 1. Consider Alternative Response - MWCC Keane updated the Council on issues related to the MWCC matter. He noted that a response to his letter dated November 25 has not been received as requested by December 14. He noted that the new chair of the Metropolitan Council had contacted Mayor Brancel to request a 3D-day extension in which the chair could familiarize herself with the issue before the City commences action. Brancel reviewed her conversation with the Council chair and asked the Council's guidance regarding the requested 30-day extension. Gagne reiterated his view that the City should act rather than re-act and proceed with resolution of the issue. Brancel noted that the Metropolitan Council did meet with her and Keane about six weeks ago and stated that the Council's reaction was that of indifference 11 . . . . " REGULAR CITY COUNCll... MINUTES DECEMBER 14,1992 - PAGE 12 to Shorewood's problem with the sewer rate increases. Daugherty suggested that even though some time could be given to the Chair by a Council member(s) and/or staff to outline the issue, the MWCC has yet to provide any credible facts the City can give the residents to justify the rate increases. Daugherty and Lewis supported aggressively proceeding with the legal process and deny the 3D-day extension. Keane reminded the Council that the City has a demonstrated record of significant 1/1 control and asked the Council to commit, as a corollary to the action, to an on-going responsibility to complete the efforts that have been under taken in a good portion of the City to date. Daugherty moved, Lewis seconded to direct the City Attorney to prepare claims seeking relief regarding the increase in MWCC charges and to challenge the "as applied" charges on the basis of flows; and to affirm the Council's desire that the City continue its i/i efforts throughout the community. Motion passed 5/0. B. Engineer's Report 1. Leroy Bishop - indentation, fence and buffer Dresel reviewed the responses to the questions raised by Mr. Bishop at the last Council meeting related to the public works site. After investigation, it appears that little can be done with regard to the culvert short of constructing an elaborate storm sewer system including a catch basis between two driveways; the fence around the site is nearly completed and additional grading will be completed next spring; and in the spring, additional trees will be planted along the property line as well as completion of grading and berming. C. Planner's Report 1. Variance Request John Chandler, 28200 Woodside Road (tabled from. 11-30-92 meeting) Nielsen stated that a request has been received from Mr. John Chandler requesting that one of two things take place; either he be given a ~ariance to allow him to subdivide his property or that he be refunded the sewer charge he paid on two units in the early '70s. Nielsen noted that action on a variance is not an option until the appropriate procedures and process are completed. Nielsen stated, however, it appears that the lot does not contain the adequate square feet of area for subdivision into two lots. Nielsen confirmed that Mr. Chandler was assessed for two sewer units. Staff consensus is that it would be unfair not 12 . . . ~ ., . REGULAR aTY COUNCIL MINUTES DECEMBER 14, 1992 - PAGE 13 to refund the $1800 assessment. However the question of whether interest should be paid on the $1800 is for the Council's decision. Nielsen indicated it is questionable whether a variance would be granted for the subdivision, however, lacking the required information a determination cannot be made at this time. Rolek clarified that the interest referred to in this case is the interest Mr. Chandler has paid on the assessment over the time period. Nielsen stated that although approval has been given for a refund in the past, the actual pay-out was never made. Mr. John Chandler: I would rather have the permission to divide the property than to get the sewer assessment back. All these years I thought I had two lots because of the sewer system. Mr. Chandler described his proposal to subdivide his 73,500 square foot property into one 40,000 sq.ft. lot and one 33,500. He inquired whether the Council would allow the subdivision if he went through the process and spent the money for the required survey. Brancel indicated the Council is unable to act on the request and stated that the variance request must be submitted to the staff and the Planning Commission for the appropriate review process. She noted the applicant must decide between the two options. Mr. Chandler requested additional time to make his decision. 2. ~onsider a joint road maintenance service agreement - Cedar Ridge Nielsen reviewed the background to Cedar Heights development which is a land-locked piece of land with respect to Shorewood. Three lots were to be accessed by a private road into Chanhassen and ultimately to Koehnen Circle, which is a Chanhassen street. A new developer has purchased the property and he is considering additional lots in the development. He proposes to put in a public street and plat five lots. Nielsen indicated that questions related to maintenance and snow plowing arise if the street is to be a Shorewood street accessed from Chanhassen. Maintenance-patching and seal-coating-would be done by Shorewood. Chanhassen and Shorewood staff have discussed the possibility of sharing services for Koehnen Circle, such as Chanhassen would do the year-round maintenance, and Shorewood, while plowing the new street, would also plow Canaan Circle. The developer is concurrently presenting the shared concept to the Chanhassen City Council. A current agreement exists for the 3-10t proposal and it is suggested that the agreement be extended to cover a 5-10t development. Staff requested the Council's views on entering such a shared maintenance and snow plowing agreement with Chanhassen. Following discussion, the consensus of the Council was that the staff should pursue development of an equitable proposed agreement to cooperate with Chanhassen for the maintenance and plowing of Koenhen Circle. D. Finance Director's Report 13 ~ . " REGULAR CITY COUNCIL MINUTES DECEMBER 14, 1992 - PAGE 14 . . . 1. Redraft - Sample Sewer Bill (11-30-92 meeting) Rolek referred to the re-draft of a sample sewer bill. Hurm and Keane presented necessary changes to the information letter/bill based on the Council's action at this meeting regarding the increase in sewer rates. Council members discussed the draft, related sewer issues and made additional suggestions. The consensus of the Council was to distribute to the residents as soon as possible a copy of the information letter/bill as re-written and corrected. Rolek asked for direction from the Council for handling the payment of the MWCC billing due January 1, 1993. Keane suggested that a collaborated letter be crafted to be sent to the MWCC on January 12 after the Council's January 11th meeting as the City's response to the first invoice. E. Administrator's Report 1. A Motion Authorizing Future MSA Maintenance Allotments be Calculated at 25% of Total Allotment Hurm stated that MSA rules have been amended to allow the City to accept 25% of its total allotment as an annual maintenance allotment. Prior to this, it was 5%. The advantage to the City is that an additional 20% of the allotment can now be received and banked. Daugherty moved, Stover seconded to authorize that the City's MSA maintenance allotment be calculated at 25% of the total annual MSA allotment. Motion passed 5/0. 2. A Resolution Establishing a Municipal State Aid Construction Fund Hurm stated that 5% of the allotment will be used for program maintenance purposes and 20% will be reserved for transfer to the proper MSA construction fund as each specific project is initiated. Daugherty moved, Gagne seconded to adopted RESOLUTION NO. 127-92 "A Resolution Establishing a Municipal State Aid Construction Fund." Motion passed 5/0. 3. Notice of Public Hearing on Stormwater Management Ordinance Hurm distributed a copy of an article written for the newsletter regarding the Stormwater Management program. The Council set the date of the public hearing on the proposed stormwater management ordinance for 7:30 p.m., Monday, January 25, 1993. 4. Draft - Transient Merchant License 14 '. . . . '" " REGULAR CITY COUNCIL MINUTES DECEMBER 14, 1992 - PAGE 15 Lewis moved, Daugherty seconded to table consideration and action on the proposed transient merchant license to the Council's January 11, 1993 meeting. Motion passed 5/0/. 14. COUNCIL REPORTS A. Mayor Brancel- None. B. Councilmembers 1. Daugherty - Report of LMCDLake Access Task Force - None. Lewis - None. Stover reported on a recent meeting of the Lake Access Task Force of the Lake Minnetonka Conservation District. Upon his retirement from the Council, Gagne thanked the voters, the present and previous Council members, the City staff and employees for their support and assistance over the years and. offered his best wishes for the future. On behalf of the Council and the City, Brancel thanked Councilmember Gagne for his 14 years of work and dedicated service to the City of Shorewood. 15. ADJOURNMENT SUBJECf TO APPROVAL OF CLAIMS Gagne moved, Lewis seconded to adjourn the City Council Meeting at 9:50 p.rn., subject to the approval of claims. Motion passed 5/0. The Council re-convened in Executive Session to conduct the City Administrator's annual evaluation. RESPECfFUILY SUBMl"l"lED, Arlene H. Bergfalk Recording Secretary Northern Counties Secretarial Services ~~j ~ t ~ BARBARAJ CEl, MAYOR J C. HURM, CITY ADMINISTRATOR V ATfEST: 15