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031093 CC Reg Min . A . , . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING WEDNESDAY, MARCH 10, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. . MINUTES 1 . CALL TO ORDER The meeting was called to order by Acting Mayor Daugherty at 7:00 p.m. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Acting Mayor Daugherty; Councilmembers Benson, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, and Finance Director Rolek. Planner Nielsen attended a portion of the meeting. Absent: Mayor Brancel. C. REVIEW AGENDA . Benson moved, Stover seconded to approve the Agenda for March 10, 1993, with the removal of Consent Agenda item 3.B. and agenda items 4.B. and 6., and removal of the Final Report portion of agenda item 7. Motion passed 4/0. PRESENTATION OF AWARD TO RESIDENT COMMISSIONER DEAN JOHNSON - LAKE MINNETONKA CABLE COMMISSION AND CITY OF SHOREWOOD Acting Mayor Daugherty presented an award to Resident Commissioner Dean Johnson on behalf of the Lake Minnetonka Cable Commission and City of Shorewood recognizing his outstanding service and commitment to success on the cable commission from 1985 to 1993. 2. APPROVAL OF MINUTES Lewis moved, Benson seconded to approve the City Council Minutes of February 22, 1993. Motion passed 3/0. Stover abstained. 3. CONSENT AGENDA . Acting Mayor Daugherty read the Consent Agenda for March 10, 1993. 1 . . . . . REGULAR CITY COUNCIL MINUTES March 10, 1993 - PAGE 2 Stover moved, Lewis seconded to approve the Consent Agenda and to adopt the Resolution and Motion contained therein: A. RESOLUTION NO. 28-93 "A Resolution Granting Preliminary Plat Approval for Deer Ridge." B. REMOVED C. A Motion Amending Final Pay Voucher No.8 for Old Market Road City Project 91-4. Motion passed 4/0. 4. PARK A. Park Commission Report - None. B. REMOVED Daugherty announced the results of the March 9, 1993 Special Park Referendum Election. 114 "Yes" votes and 298 "No" votes were cast to defeat the proposal to allow the City of Shorewood to borrow $900,000 by selling its General Obligations Bonds to pay for construction, betterment and equipping of park, trail and recreation facilities and related land. 5. PLANNING Lewis briefly reported on actions taken at the Planning Commission's March 2 meeting. 6. REMOVED 7. FINAL REPORT ON PUBLIC WORKS FACILITY - Nick Reuhl. EOS Architecture - REMOVED A. Consider a Motion to Approve a Resolution Accepting the Final Change Order, Pay Request and Final Acceptance of the Construction of the Public Works Building - Rochon Corporation Lewis requested clarification of the negotiations regarding several change order requests for the site work on the Public Works Facility. Dresel stated that the Rochon Corporation accepted the recommended payment adjustments for the change orders. 2 . . . REGULAR CITY COUNCIL MINUTES March 10, 1993 - PAGE 3 Stover moved, Lewis seconded to adopt RESOLUTION NO. 29-93 "A Resolution Accepting the Construction of the Public Works Building." Motion passed 4/0. Hurm reported that work on the exhaust system in the Public Works facility has been completed without any additional costs. 8. APPEAL LOCAL SANITARY SEWER ACCESS CHARGE (LSSAC) ORDINANCE Appellant: Location: Douglas and Bonita Shoutz 6130 Cathcart Drive The appellants are appealing the Local Sanitary Sewer Access Charge (LSSAC) which was imposed as a condition of approval of their recent lot split at 6130 Cathcart Drive. Rolek outlined the Ordinance providing for imposition of the LSSAC. He noted that when the change was made to a flat fee basis, the Ordinance did not address properties that had previously been assessed for more than one unit. The property in question has already been charged two sewer units. Since there is no provision in the current Ordinance for waiver of the fee, staff proposes an amendment which would allow for credit for past assessments on a unit-for-unit basis. If the amendment is adopted by the Council, staff recommends refunding the $1,000 LSSAC paid by the Shoutzs, upon publication of the amendment. Stover moved, Lewis seconded to adopt Ordinance No. 271. "Amending Section 904.18 of the City Code Relating to Local Sanitary Sewer Service Availability Charge. " Motion passed 4/0. Keane noted that although the amendment to the Ordinance is designed to provide that credits may be granted administratively, it is recommended that the Council take action to approve the Shoutz' appeal request to provide appropriate documentation in the City's financial records. Lewis moved, Stover seconded to approve the credit of the $1,000 LSSAC to Douglas and Bonita Shoutz. Motion passed 4/0. 9. CONSIDER A RESOLUTION SETTING POLICY REGARDING STORM WATER MANAGEMENT FEES FOR SMALL PARCELS 3 . . . . . REGULAR CITY COUNCIL MINUTES March 10, 1993 - PAGE 4 Hurm stated that in preparing for the $3.75 per quarter storm water management utility billing, the Planning Department identified about 100 small, mostly unbuildable parcels, which do not receive a utility bill at the present time. It is the consensus of the staff that although technically all parcels add to the storm water problem, parcels which would generate bills of less than $2.00 per quarter should not receive a bill at all. Therefore, considering the cost associated with establishing and maintaining these small utility accounts as well as mailing costs, staff suggests that Council consider excluding, for billing purposes, any lot which would generate a fee of less than $2.00 per quarter. Stover requested clarification of the basis of the billing. Rolek explained that the fees are based on a residency equivalency factor derived through calculations estimating the amount of run-off that is generated by a parcel. The billing is then determined by multiplying the fee ($3.75) times the factor times the acreage. Lewis expressed concern regarding the exemption of payment of an established fee by certain parcels inasmuch as the program was created to collect funds to manage the stormwater problem. He suggested that a minimum billing be an alternative to exemption of any payment. Staff noted that small parcels are generally those 1/4 to 1/3 acre in size. It was pointed out that $2.00 would likely cover the administrative costs associated with maintaining the small accounts once they are set up. However, in the interests of efficient and effective management, the costs to establish, maintain and bill accounts for such parcels would appear excessive. Councilmembers discussed various alternative amounts which may be appropriate. It was pointed out that amounts for small parcels will be added to those currently receiving utility bills. It was noted that policy, if approved, will take effect with the April billing. Stover moved, Benson seconded to adopt RESOLUTION NO. 30-93 "A Resolution Establishing Policy for Billing of Storm Water Management Utility Fees to Certain Parcels," amended as follows: THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood to establish a policy to exclude for billing purposes under Ordinance No. 268 certain parcels which are not currentlv receiving a utility bill which would generate a fee of less than $2.00 per calendar quarter. (language added by amendment underscored) Motion passed 4/0. 10. LMCD REPRESENTATIVE BOB RASCOP - APPLICATION FROM BOULDER BRIDGE FARMS REGARDING DOCK LICENSE Rascop reviewed a request before the LMCD from the Boulder Bridge Farms 4 . . REGULAR CITY COUNCIL MINUTES March 10, 1993 - PAGE 5 . homeowners association to move six of thirty lagoon docks to the lake. He requested comments from the Councilmembers relative to this request. The Councilmembers generally deferred resolution of the matter to the LMCD. Rascop reported that proposed State legislation would remove the tax levy limits of organizations such as the LMCD. Hurm suggested that it appears such a proposal is a mistake on the part of the Department of Revenue since the limit was specifically included in the law at the request of municipalities. It was the consensus of the Council that local legislators be contacted to express the City's concern regarding this issue. Rascop briefly commented on the expectations for the LMCD budget. 11. MATTERS FROM THE FLOOR . Elizabeth Sims, 5010 Chasewood Parkway, Minnetonka, addressed the Council to request that heavy trucks be allowed to deliver concrete and fill to a home being built at 5555 Sylvan Lane (Wild rose and Sylvan Lane), Shorewood. She claimed that construction delays were caused, in part, by a delay in the issuance of a building permit by Shorewood. She outlined rationale for waiving the weight limits on the subject Shorewood roads, reviewed financial implications, and stated they are prepared to move immediately to have the necessary materials delivered to their home site. Dresel reviewed concerns, from an engineering standpoint, regarding allowing heavy concrete trucks on the roads at this time of the year. He stated that with several weeks of warm weather, the frost is probably out of the ground at this point. He noted that Shorewood roads are currently posted for weight restrictions. Gary Carlson, builder, Summit Creek Homes, suggested allowing the use of six ton trucks early in the morning. Dresel indicated that although it is difficult to determine the exact status of the roads without measurement and testing, damage could be incurred by the use of such heavy equipment. Dresel further stated concern about setting precedence in approving this variance and noted that there are in 15-20 builders in Shorewood that work around these restrictions during the year without any problems. Hurm clarified that the permit process is normally 10 days; this request was processed in 11 days. Nielsen stated that due to survey discrepancies, the request could have been delayed further until a lot line dispute was resolved. Staff does not accept responsibility for any delay in this project. . While acknowledging the Sims' predicament, Council members agreed that a variance that would destroy Shorewood roads could not be allowed; that it is difficult to determine whether the roads could be considered absolutely safe for use by the heavy 5 . . . o . REGULAR CITY COUNCIL MINUTES March 10, 1993 - PAGE 6 that would destroy Shorewood roads could not be allowed: that it is difficult to determine whether the roads could be considered absolutely safe for use by the heavy equipment; that accountability and responsibility for damages would be difficult to determine; and that the Ordinance allows the staff responsible for the public infrastructure to consider each variance request on a case by case basis. It was the consensus of the Council that if Sims and Carlson can provide documentation from a Registered Engineer acceptable to the staff regarding the status of the road for safe use by equipment heavier than currently allowed by the posted weight restrictions, and for adequate liability coverage, discretion for approval of the waiver of road restrictions will remain with the City staff responsible for the public infrastructure as provided in the Ordinance. 12. STAFF REPORTS A. City Attorney Keane informed Councilmembers that he will present an update on current litigation at the Council's March 22 meeting. B. City Engineer - None. c. City Planner Nielsen stated that the Planning Commission will review the EAD comments received regarding the Gideons Woods P.D.D. at it's March 16 meeting. A provision in the guidelines states that it is the option of the City whether a public hearing is held on the comments themselves. If the Council desires a public hearing, a special meeting may be necessary because of time limits imposed. Following discussion, it was the consensus of the Council that a public hearing not be scheduled on the EAD comments received in connection with the Gideons Woods P.D.D. Council suggested that a copy of the Planning Commission's March 16 agenda be mailed to each interested party. D. Finance Director Rolek informed Councilmembers that the City's financial audit is currently being conducted. A report will be available in April. E. City Administrator 1. Review First Draft of a Policy on Special Assessments for Street Reconstruction Projects 6 ,. .. ~, '" . . REGULAR CITY COUNCIL MINUTES March 10, 1993 - PAGE 7 . Hurm brought the Council's attention to the proposed policy regarding special assessments for street reconstruction projects. It was the consensus of the Council that consideration of the document be scheduled for a Council work session. To expedite consideration of the issues, the Council requested staff to prepare a brief outline of the specific issues to be addressed and be provided to the Councilmembers prior to the work session. 13. COUNCIL REPORTS Benson commended the Park Commissioners and other supporters for their outstanding effort on behalf of the Park referendum. Lewis commended the Park Commission for its park planning efforts and stated that the process provided guidance from the voters. Stover suggested that the Council review and consider it's operating policies at a future work session. 14. ADJOURNMENT TO CONTINUATION OF WORK SESSION SUBJECT TO APPROVAL OF CLAIMS Benson moved, Stover seconded to adjourn the City Council Meeting at 9:15 p.m. to . continuation of the work session, subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSavers Off Site Secretarial ATTEST: RO~~~' ACTING MAYOR JA 'V' S C. HURM, CITY ADMINISTRATOR . changes made on Page 6, lines 1 and 2: deletions underlined. 7