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051093 CC Reg Min . 11 . CITY OF SHOREWOOD REGULAR CITY COUNCll.. MEETING MONDAY, MAY 10, 1993 COUNCll.. CHAMBERS 5755 COUNlRY CLUB ROAD 7:00 p.rn. MINUTES 1. CONVENE CITY COUNCll.. MEETING The meeting was called to order by Mayor Brancel at 7:00 p.m. A Pledge of Allegiance B. Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty, Lewis,' and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, and Financial Director Rolek. Planning Director Nielsen attended a portion of the meeting. C. Review Agenda Lewis moved, Daugherty seconded to approve the Agenda for May 10, 1993, with the addition of Consent Agenda Item 3.D., cancellation of the Work Session, and scheduling of an Executive Session following adjournment of the Regular Meeting. . Motion passed 5/0. 2. APPROVAL OF MINUTES A City Council Regular Meeting Minutes - April 26, 1993 Daugherty moved, Lewis seconded to approve the City Council Minutes of April 26, 1993. Motion passed 5/0. B. City Council Work Session Minutes - April 26, 1993 Daugherty moved, Stover seconded to approve the City Council Work Session Minutes of April 26, 1993. Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for May 10, 1993. . Stover moved, Daugherty seconded to approve the Consent Agenda and to adopt the Resolutions and Motion contained therein: 1 . . . .. REGULAR CITY COUNCll.. MINUTES MAY 10,1993 - PAGE 2 A RESOLUTION NO. -93 "A Resolution Approving Intoxicating liquor license Sunday and Oub." B. RESOLUTION NO. -93 "A Resolution Approving Intoxicating liquor license on Sale of Intoxicating liquor and Special Sunday Sales." c. RESOLUTION NO. -93 "A Resolution Approving Non-intoxicating Malt liquor license." D. Motion to authorize the City Administrator to hire an independent adjuster to assist in settling the sanitary sewer backup incident of April 24, 1993, should it become necessary. Motion passed 5/0. 4. PARK A. Report on Park Commission Meeting - May 3 & 4, 1993 Elizabeth Fuller, Park Commissioner, reviewed the Commission's recent activities including visiting all the City's parks and reviewing appropriate allocation of available funds. The Commission intends to develop a plan for solicitation of donations for park services and equipment. 5. PIANNING A. Report on Planning Commission Meeting - May 4, 1993 Doug Malam, Planning Commissioner, reported the actions taken by the Commission at it's meeting on May 4, 1993. 6. CONSIDER A REOUEST FOR ASSISTANCE REGARDING CITY WATER CONNECTION HOOK-UP - John and Shannon Steinhibel 27075 Beverly Drive Hurm referred to the Steinhibel's letter to the Council dated April 30, 1993 requesting that the City spread their water hook up fee of $4,000 as a special assessment. Lewis moved, Daugherty seconded to authorize that the $4,000 water hook up fee of John and Shannon Steinhibel, 27075 Beverly Drive, be spread over a 5-year period as a special assessment at an interest rate of 7%. Motion passed 5/0. 7. 1992 ANNUAL AUDIT REPORT - ABDO. ABDO AND EICK 2 REGULAR CITY COUNCIL MINUTES MAY 10, 1993 - PAGE 3 . Mr. Gary Groen, reviewed the City of Shorewood, Comprehensive Annual Financial Report for the Year Ended December 31, 1992, as prepared by Abdo, Abdo and Eick, CPA, Minneapolis, Minnesota, including the Financial and Statistical Sections of the Report. . 8. REPORT ON REOUEST OF THE CITY OF CHANHASSEN REGARDING DEER RIDGE SUBDIVISION Don Ashworth, City Manager of Chanhassen, stated that a home owned by Gerald and Lynn Cox, 6200 Cardinal, is located half in Chanhassen and half in Shorewood. All services, including sewer, water, police, fire, paramedic, etc., are received from Chanhassen and voting is also in Chanhassen. In addition, the Cox' property lies in both Hennepin and Carver Counties. Taxes are levied on the basis that 60% of the property is in Chanhassen and 40% in Shorewood. According to Ashworth, taxes are prepared manually because of the unique nature of the property. If the annexationjdeannexation is approved Shorewood will lose its share of the 40% of the Taxes derived from the property. For 1993 this amount is $105.00. Effective in 1994, the Hennepin County Auditor would pay that amount to the City of Chanhassen together with an additional $23.00 (Chanhassen's tax capacity rate is approximately 5% higher than Shorewood's). The amount paid to Carver County would be the same as paid this year and the amount paid to the school district would also remain the same. Although the Cox' agreement to the annexationj deannexatiori process is not required, they will be asked to sign a consent form. According to Ashworth, should Shorewood agree to the process, Chanhassen would maintain its eligibility in the CDBG program. Nielsen stated that the staff recommends approval of the detachment process to a limited degree, the minimal amount (30 - 50 ft) to have the entire Cox home in Chanhassen and leaving one buildable parcel in Shorewood. He recommended attaching no other conditions to the agreement. The buildable parcel accessible on the westerly side of the lot would result from a subdivision. Lewis stated the advantage to Shorewood as a result of this agreement would be the continued funding of the South Shore Senior Center and Sojourn program due to Chanhassen maintaining its eligibility in the CDBG program. Ashworth assured the Council that Chanhassen anticipates funding those programs for the next 3-5 years. The Council discussed the tax implications of the agreement. It was noted that the taxes for the Cox' will increase by $23.00 because of the higher tax imposed by Chanhassen. Stover moved, Benson seconded to approve the annexation/ deannexation agreement with the City of Chanhassen of the Gerald and Lynn Cox home at 6200 Cardinal, as recommended by the staff, with the understanding that Chanhassen with 1m continue it's support of the South Shore Senior Center and the Sojourn prograniootbrough it the Community Block Grant Program.(Correction noted as strike-out/deletion and underscored . as addition) 3 REGULAR CITY COUNCIL MINUTES MAY 10, 1993 - PAGE 4 . Motion passed 5/0. . . Keane noted that the matter must be considered and approved by the Municipal Board and that the home owners may present their views to the Board. 9. CONSIDER AN ORDINANCE ESTABUSlllNG A LOW INCOME DISCOUNT FOR WATER UTIUTY The Council considered the Ordinance establishing a low income discount for water utility. Lewis moved, Stover seconded to adopt ORDINANCE NO. 274 "An Ordinance Amending Sections 903.09.1a and 1301.02 of the City Code Establishing a Low Income Minimum Water Service Rate." Motion passed 5/0. 10. CONSIDER AN ORDINANCE ON SPECIAL ASSESSMENTS FOR STREET RECONSTRUCTION PROJECfS The Council considered a draft ordinance which would establish special assessment procedure for street reconstruction projects. While Brancel objected to the proposed ordinance stating that it represents additional or increased taxes, the Council generally agreed the procedure provided an equitable plan in the City's efforts to reconstruct its streets over the next several years. It was the consensus of the Council that a public information meeting be conducted to receive comments from the public prior to any action being taken on the ordinance. It was agreed the meeting would be held in conjunction with a regular Council meeting in July. 11. MATfERS FROM THE FLOOR Mr. Allan Johnson, 5865 Strawberry Lane, commented on the proposed special assessment policy for street reconstruction projects, noting that currently the General Funds are used for such projects. He noted that the new ordinance would place an additional tax burden on the individual property owners and inquired whether the policy would be retroactive allowing assessment of residents who have already had their streets repaired. 12. STAFF REPORTS A. City Attorney Keane reported that the Hennepin County District Court ruled in favor of the City and all defendants in the Upper Lake Minnetonka Yacht Club matter so all claims were summarily dismissed. He noted that a 90-day appeal period was granted; however, he stated that an appeal was unlikely. 4 REGUlAR CITY COUNCIL MINUTES MAY 10, 1993 - PAGE 5 . B. City Engineer Dresel stated that the contractor performing work on behalf of the Metropolitan Waste Control Commission in the Covington Road area has requested permission to extend its work hours in order to complete the job sooner. Following brief discussion, the Council denied the request in the interests of the affected residents. C. City Planner - None. D. Finance Director - None. E. City Administrator Hurm noted that he will attend the 3-day conference of the Minnesota City Managers May 12-14, 1993. 13. COUNCIL REPORTS A. Mayor Brancel - None. B. Councilmembers . Lewis noted that the contractors performing sewer-related work for the MWCC are doing a good job and the neighborhood is experiencing no interruption in its regular activities. Stover noted that the Excelsior City Council will be presenting a proposed Fire Department contract for consideration to the Mayors of affected local Cities. 14. ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS Benson moved, Stover seconded to adjourn the City Council Meeting to Executive Session at 8:20 p.rn., subject to the approval of claims. Motion passed 5/0. Mayor Brancel announced that the Executive Session IS scheduled to discuss the performance of the City Administrator. . 5 ~ . . . .' REGULAR CITY COUNCIL MINUTES MAY 10,1993 - PAGE 6 RESPECfFUILY SUBMIt't'ED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATfEST: L~ c. HURM, CITY ADMINISTRATOR 6