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071095 CC Reg Min . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 10, 1995 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:30 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty and Stover; Administrator Hurm, City Engineer Dresel, City Attorney Keane, and Planning Director Nielsen. B. Review Agenda Benson moved, Stover seconded to approve the agenda for July 10, 1995 as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Minutes - June 26, 1995 McCarty moved, Malam seconded to approve the June 26, 1995 City Council Regular Meeting Minutes as presented. Motion passed 4/0. (Stover abstained as she . was not present at the June 26, 1995 meeting.) B. City Council Work Session Minutes - June 26, 1995 McCarty moved, Benson seconded to approve the June 26, 1995 City Council Work Session Minutes as amended by changing on page 1, in the header, April to .Tune. Motion passed 4/0. (Stover abstained as she was not present at the June 26, 1995 meeting.) (Changes have been underlined.) 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for July 10, 1995. Stover moved, McCarty seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95-57. "A Resolution Approving a Subdivision / Combination and Setback Variance." Applicant: Wallace King. Location: 25620 Birch Bluff Road. Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None 5. PLANNING - Report by Representative . Commissioner Turgeon indicated there was no report as the Planning Commission had not met July 4th due to the holiday. . . - ~ REGULAR CITY COUNCIL MINUTES July 10, 1995 - PAGE 2 A. Final Plat for Zachary Woods. Applicant: Brent Sinn. Location: 6035 Galpin Lake Road. Nielsen reported this was the resolution and development agreement for the final plat of Zachary Woods. He indicated on page 1 of the resolution, paragraph 2, item C. "Gideon" should be replaced with "Galpin". He indicated staff has the declaration of covenant but it needs to be revised. He stated the declaration of covenant is necessary because the lots that are accessed by Galpin Lane have to become members of the Galpin Lane Homeowners Association and have rights and responsibility for the maintenance of that road and it also gives notice to the owners that at such time as city water is available to those lots, they will be subject to an additional trunk charge. He stated the second declaration pertains to Lot 4 and states the lot cannot be further subdivided until such time as it has frontage on a public street. He reported the Galpin Lane Homeowners Association is currently working on an easement agreement between themselves and the Developer and that the Developer must record the deed conveying Outlot A to the property owner of 22690 Murray Street. He indicated on the development agreement, page 3, paragraph 12, the following should be added "to determine that the work has been done in accordance with City standards". Also on page 4, paragraph 23, Nielsen reported the City Attorney is drafting a paragraph regarding municipal water charges. In this case the developer is asking the water assessment fees be assessed against the lots and the future lot owners be subject to a trunk charge at such time as city water is available. Malam moved, Stover seconded to approve the final plat and development agreement for Zachary Woods, for Brent Sinn, 6035 Galpin Lake Road, subject to staff recommendations and additional items required by Staff be received prior to the plat becoming final record. Motion passed 5/0. 6. CONSIDERATION REGARDING WATERMAIN PROJECT A. Amendment to Ordinance #300 - Watermain Special Assessment B. Amendment to Ordinance #301 - Fee Schedule Hurm outlined the changes to the ordinances which had previously been passed. Dresel explained the main reason for the change was so the City was not forcing commercial development. Hurm indicated changes were made to Ordinance #300 to allow the City Council to have flexibility with the ordinance to maintain consistency. Benson moved, McCarty seconded to approve Ordinance #302 amending Chapter 903 of the Shorewood City Code regarding assessment policy for the provision 0 f municipal water. Motion passed 5/0. McCarty moved, Benson seconded to approve Ordinance #303 amending Municipal Chapter 1301.02 of the Shorewood City Code Setting Fees. Motion passed 5/0. 7. LMCD - REPORT BY REPRESENTATIVE BOB RASCOP ON 1996 BUDGET There was no report as Mr. Rascop was not present at the meeting. There was Council direction to schedule Mr. Rascop's report for the August 14, 1995 City Council meeting. 8. A. ADMINISTRATOR AND STAFF REPORTS Review First Draft of South Lake Minnetonka Public Safety Department 1996 Budget .. REGULAR CITY COUNCIL MINUTES July 10, 1995 - PAGE 3 . Hurm explained the proposed budget would result in an approximate 3% increase for Shorewood. Councilmember Malam complimented Chief Young on the budget narrative and thanked him for the effort. B . Review First Draft of Excelsior Fire Department 1996 Budget Hurm explained the City Administrator met with the Fire Chief and City Manager of Excelsior to discuss the 1996 Excelsior Fire Department Budget. He reported an overall increase of 8% with an increase to the City of Shorewood of 10%. Hurm reported vandalism in Badger Park. He indicated the local satellite had been set on fire by vandals. Dresel reported he met with members of the Shady Island Homeowners Association on Saturday to determine what type of bridge to include in the upcoming feasibility report for bridge replacement. . Councilmember Benson requested an update at the next City Council meeting regarding the Highway 7 project and how it relates to the Excelsior Bridge project. Keane reported the Supreme Court had ruled on two technical procedural issues with regards to the Metropolitan Waste Control Commission. They determined that the issue of timeliness was not established and sided with the City regarding timeliness and the jurisdiction of appeal would be the Court of Appeals. Hurm reported he was a member of the Technical Advisory Committee which had been established by the Metropolitan Council to study rates, Sewer Access Charges (SAC), and inflow and infiltration. He indicated he was on the sub-group addressing inflow and infiltration. He invited Councilmembers to attend the next meeting. 9. MA YOR AND CITY COUNCIL REPORTS A. Report on Citizen Interest in Appointment to the Snowmobile Task Force There was Council consensus to make a final decision on the Snowmobile Task Force at the July 24, 1995 City Council meeting. Mayor Bean reported he had received a letter from the City of Excelsior indicating the July 4th fireworks had been rescheduled for July 22, 1995 at 10:00 p.m. He indicated the food vendors and music originally scheduled for July 4th will be included and the fly over by the Planes of Fame is scheduled for 8:00 p.m. B. Discussion on Shorewood Oaks Stop Sign Enforcement Hurm indicated he had included a map in the Councilmembers packets which was being dispersed to the Department Heads and would be discussed at the July 24, 1995 City Council meeting. Mayor Bean reported Hennepin County has directed staff to retain bond counsel to issue the bonds to [fiance Excelsior's and Shorewood's contribution to the Senior Community Center under the provision that the funding of the bond repayments will come from annual appropriations from the two cities. This will save the two cities bond issuances costs, administrative costs and provide lower interest rates. The next meeting of the cities in scheduled for July 20, 1995 at 4:00 p.m. . . . . .. REGULAR CITY COUNCIL MINUTES July 10, 1995 - PAGE 4 10. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, Stover seconded to adjourn the City Council meeting at 9:00 p.m., subject to approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke, Recording Secretary TimeSaver Off Site Secretarial ATTEST: "" ~ll!-:f-1;j\=s.((t'- ROBERT B. BEAN, MAYOR JAMES c 1Jwv~ . HURM, CITY ADMINISTRATOR