Loading...
072495 CC Reg Min ~ . . . ."'4 . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 24, 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 7:31 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, City Attorney Keane, City Engineer Dresel, and Finance Director Rolek. B. Review Agenda McCarty moved, Stover seconded to approve the agenda for July 24, 1995 as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Minutes - July 10, 1995 Benson moved, Malam seconded to approve the July 10, 1995 City Council Regular Meeting Minutes as presented. Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for July 24, 1995. McCarty moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A . Motion to Accept the Appraisal Report for the Watermain Project. B. RESOLUTION NO. 95-59. "A Resolution Approving an Agreement for Engineering Services for Water System Improvements". C. RESOLUTION NO. 95-60. "A Resolution Authorizing Mayor and City Administrator to Execute Subrecipient Agreement with Hennepin County for 1995 (Year XXI) Urban Hennepin County Community Development Block Grant Program". Motion to Approve a Sign Permit for the Waterford Shopping Center - Taher Oriental Rugs. Applicant: Shad Tracy Signs on Behalf of Taher Oriental Rugs. Location: Waterford Shopping Center. E. Motion to Authorize an Agreement for Park Project Management Services. D. '. , . . , .- . REGULAR CITY COUNCIL MINUTES July 24, 1995 - PAGE 2 RESOLUTION NO. 95-61, "A Resolution Declaring the Adequacy of the Petition for Improvements and Ordering the Preliminary Feasibility Report in the Matter of the Smithtown Woods Development". Motion passed 5/0. F. 4. MATTERS FROM THE FLOOR - None 5. PLANNING - Report by Representative Commissioner Pisula reviewed the actions taken and recommendations made at the Commission's July 18, 1995 meeting. A. Final Plans for the Heritage P.U.D. Applicant: Abingdon Development Corporation. Location: So. of Edgewood Road Approximately 700 feet East of Howards Point Road. Hurm reported the resolution and development for the Heritage P. U.D. had been prepared although some items were still required. He indicated staff recommends approval of the [mal plans. In response to Councilmember Stover, Dresel indicated there was no specific timeline for the required items and there were only minor technical items which needed to be resolved. Mr. Chuck Dillerud, Abingdon Development Corporation, indicated he was in concurrence with the development agreement and believed that all required items except one had been submitted. Malam moved, McCarty seconded to adopt Resolution No. 95-62. "A Resolution Approving the Final Plat of Heritage P.U.D., Abingdon Development Corporation, So. of Edgewood Road approximately 700 feet east of Howards Point Road, subject to staff recommendations. Motion passed 5/0. 6. CONSIDERATION OF APPOINTMENTS TO SNOWMOBILE TASK FORCE Benson moved, Stover seconded to direct staff to prepare a resolution for the August 14 Council meeting naming the Shorewood residents who expressed interest to the snowmobile task force. Motion passed 5/0. There was Council consensus to address Agenda Item #8 prior to Agenda Item #7 as it was past 7:45 p.m. 8. PUBLIC HEARING 7:45 P.M. - PUBLIC IMPROVEMENT HEARING AND ASSESSMENT HEARING FOR THE WATERMAIN PROJECT Mayor Bean explained one element of the Comprehensive Plan was to enhance the current city municipal water system. The intent is to interconnect the entire City over a ten year period utilizing three phases. The first phase would include installation of a water tower on the west end and interconnection with Boulder Bridge and Badger Field. He explained the importance of the construction of the water tower to provide for fire flow to the west end. Dresel exhibited an illustration of the existing water system. He explained there were presently four hydro-pneumatic systems operating. There was an elevated storage system with well, and treatment systems located in the southeast area. He explained the problem with hydro-pneumatic .. . REGULAR CITY COUNCIL MINUTES July 24, 1995 - PAGE 3 . systems was the limitation of expansion. Also, if a power outage occurs, the well shuts down creating a public safety issue. ' Dresel then exhibited an illustration of the proposed improvements. He explained the water tower will be placed behind Minnewashta School and the extension thereafter. He indicated all extensions will be placed in the right-of-way of the street. Mr. Dick Hurley, C.E. LaSalle & Associates, outlined the procedure used in his analysis of the property assessments. He indicated that from his analysis, he concluded the benefit to the subject properties proposed to be assessed is greater than the assessment of $5,000. Rolek explained the assessment formula. He indicated each lot unit would be assessed $5,000. The assessment could be spread over a 15 year period at a rate of 7%. This would result in a yearly payment of $550. He explained if City Council approved the project and assessments, the affected property owners would have 30 days to prepay the assessment without incurring interest charges. The amount could also be prepaid anytime thereafter, eliminating future interest charges. He indicated there was also the possibility to prepay a portion and spread the remainder over 15 years but this decision had not yet been made. Hurm explained the schedule for the three stages of public hearings. One for Manitou Rd, one for Howard's Point Road and one for Smithtown Road. Dresel explained the assessment of $5,000 was to provide water to the right-of-way. The individual resident would be responsible to get the water to the house. This would be performed by a plumber for approximately $8 to $12 per foot plus the charge for the water meter and dial of $200. . Hurm explained new lots would have an additional $5,000 trunk charge. This would have no effect on lots of record. A. 7:45 p.m. - Emphasis on Manitou Road Mayor Bean explained the procedure for a public hearing and opened the public hearing at 8:20 p.m. Mr. Tom Sims, 5620 Manitou Road, presented the City Council with a written appeal to the appeal process. He questioned the reasoning for extending the water trunk down Manitou Road as there was nothing located in that area. He indicated all developments in the area were currently 'hooked to the Tonka Bay system. He stated these properties would receive no benefit but would still be assessed. He questioned the formula for commercial assessments. , Rolek explained the formula for commercial property was 1-1/2 x $5000 = $7500 x the number of commercial units. A commercial unit is considered to be approximately 40,000 square feet of land or approximately one acre. Mr. Sims stated he owned a parcel of land with nothing on it. He indicated he did not feel the benefit would match the cost of the proposed charge to the property. He noted his objection to the extension of the watermain project as he felt it was not necessary. He indicated if the developer wants water then he should pay the fees. He stated as he understands the formula, he will be required to pay $7,500 in assessments and the other $30,000 will be deferred until a developer buys the land. At the time of such development, there will be a huge assessment which will come directly off the market value of his land. He stated he felt the assessment formula could be done in an extremely more equitable way. . . . ,- REGULAR CITY COUNCIL MINUTES July 24, 1995 . PAGE 4 Mr. Mark Sawyer, 5580 County Road 19, indicated he had been assessed based on proposed plat approval rather than at the single residential rate. He stated plat approval had been delayed due to the development moratorium, and the proposed assessments were a great percent of the value of the property and may affect the feasibility of the project. He questioned the overall assessment formula and its fairness. He did not agree that if a person bought a house on a newly divided parcel or a subdivision, his market value would double and justify the assessment being doubled. He asked the City Council reconsider the formula used to determine residential assessments. B. 8:30 p.m. - Emphasis on Howard's Point Road and Edgewood Road Dresel explained the placement of the watermains in this area. He indicated they do not plan to remove any trees and the service lines will be under the asphalt. Mr. Greg Sochko, 5600 Wedgewood Drive, asked if there were any number of petitions that could effectively stop this project from proceeding. He stated he was not in favor of the proposed watermain extension. Mayor Bean indicated there was not a specific number of petitions that could cause this project to happen or not happen. He indicated this is a decision to be made by the City Council which will fulfill the future needs of the City of Shorewood as laid out in the Comprehensive Plan. Ms. Marla Bookhout, 26755 Noble Road, indicated she lived in a new development which abuts Heritage and all the residents have private wells. She asked if these properties will be assessed as they may never have City water. She also inquired as to the appearance and height of the water tower. Dresel indicated these properties would not immediately be assessed. He explained this was the reason for the project being conducted in three phases. The most recent developments would be postponed to the end of the project as it was not sensible to tear up new asphalt. He explained the water tower would be approximately the same height and the same shape as the existing tower on Highway 7. Ms. Becky Marshall, 26525 Strawberry Court, asked when her area would be connected as all residents had brand new wells. Dresel indicated Strawberry Lane would probably be connected in three to four years but it would not be realistic to look at the new streets until the last phase of the project, in 10 to 15 years. Mayor Bean explained the City would like to get the core infrastructure into place and then to the extent possible, coordinate the extensions with street reconstruction. Mr. J. B. Ridding, 5885 Strawberry Lane, indicated the developments only constituted 20% of the total homes in the City. He stated the developers would still come in and do the developments even if the City did not provide the water. Mayor Bean explained City-wide municipal water was necessary due to the extent development was occurring now. Mr. Hidding asked what the total cost for water per month would be per home and if sewer charges would drop proportionate to water charges. Rolek indicated the minimum water charge per quarter was $22.50 per resident, with the average bill between $35 and $40 per quarter. He indicated the sewer charges were a flat rate because there . . . .- REGULAR CITY COUNCIL MINUTES July 24, 1995 - PAGE 5 was no available means to measure the amount of sewer usage. He reported if every home was on City water, a system could be developed for sewer to be paid proportionate to water usage. In response to Mr. Hidding, City Attorney Keane indicated the special assessment process allocates the cost of public improvement can be initiated by 35% of the affected property owners or by the initiative of City Council. He stated the proposed improvements have been an outgrowth of the Comprehensive Plan and water study plan process and have not been brought on by petition. He indicated there is no mechanism for the City's decision to be overturned by petition of affected property owners or voters. Mr. Terry Forbord, Lundgren Bros, presented the City Council with written comments regarding their position on the proposed watermain improvements and assessments. Mayor Bean noted a letter was received from Dave Albrecht, Howards Point Marina, serving notice that they do not want the proposed water service. Ms. Kristy Williams, 26425 Strawberry Court, asked if any of the Councilmembers lived in the affected area. It was reported that two of the Councilmembers were already on City water and the three others would be affected. Mr. Steve Guzzi, 26650 Strawberry Court, asked if a lot would be assessed immediately if it were touching the stub going through on Strawberry Lane. Dresel indicated the assessment ordinance stated comer lots would be assessed when City water becomes available. He indicated in this case, the water would probably not be available, as it would not be connected up to the driveway. Mr. Guzzi asked when the project would be implemented and also what Mr. Forbord's comments had been in his letter presented to the City Council. Dresel reported if the City Council proceeds with the project, it would obtain plans and specifications and obtain bids in late August, with construction starting this fall. The construction of the water tower will not be completed for approximately one year. Mayor Bean read the six points of summary from the letter presented by Mr. Terry Forbord. Mr. Clint Carlson, indicated he didn't care if the water project was done or not but felt the assessment system was unfair. Mr. Eric Olson, 26550 Strawberry Court, indicated he had not received notice of the public hearing and asked if his property would be assessed. He stated he did not see the fairness in the water assessment formula. He indicated it was incorrect to say there was no service available for emergencies, as all cities have a contingency plan. He expressed his objection to the project as a new homeowner with a new well. Dresel indicated Mr. Olson would not have received notice as only the affected property owners received notice of the public hearing. He indicated the Fire Department does have a contingency plan intact. They utilize tankers, and dry hydrants have also been installed in specific areas of the City. He indicated the philosophy behind the trunk charges was the existing residents have subsidized the projects through taxes they have been paying over the years, new lots haven't. Mr. Sims indicated this would drive up the prices of land in Shorewood. He again addressed the issue of fairness. . . . ~, REGULAR CITY COUNCIL MINUTES July 24, 1995 - PAGE 6 Mr. Carlson stated he felt there should be one fee for one type of use. The fee should be the same for everyone whether they have been in the City or not. He indicated other cities charO"e so much per linear foot. He felt the Council should investigate what other cities do. I:> Mayor Bean explained the City created a water assessment task force which consisted of the five Councilmembers, Staff and four citizens who were approached and requested to participate. He indicated the formula was derived after hours of debate. He indicated the developers may have to pay initially but ultimately the homeowners pay the assessments. The new homeowners will be able to spread this fee into a 30 year mortgage but the existing homeowners cannot. He explained the concern with the front footage formula is that it would lead to development. He indicated the Council is trying to stay as development neutral as possible. Councilmember Benson excused himself from the meeting at 9:28 p.m. Mayor Bean recessed the meeting at 9:28 p.m. and reconvened the meeting at 9:35 p.m. Mr. Bill Diem, 5755 Smithtown Circle, commended the City Council for their diligence. He indicated he thought the progress was necessary. He noted the sewer going to commercial property was six inches in comparison to the line of one inch going to residential properties. He stated he works for a design builder and $5,000 was not an unreasonable assessment. He stated he felt it would be ludicrous to postpone the project. He also indicated there was a law soon to be placed before the City Council which would require mandatory fire protection. If the City was forced to put the water in then, it could result in the loss of competitive bidding. Mr. Diem indicated there were many residents who wished to prepay the assessment but it may be more fair to allow them more than thirty days to do so. Keane indicated the State Statute does not allow the City much flexibility with regard to the payment of the assessments. McCarty moved, Malam seconded to continue the public hearing for public improvements and assessments for the water improvements to Tuesday, July 25, 1995 at 7:30 p.m. The motion passed 4/0. 7. ADMINISTRATOR AND STAFF REPORTS A. Review Status of 1995 Objectives Hurm indicated this report was distributed on a quarterly basis and welcomed any questions the Councilmembers may have. B . Review Staff Recommendation for Placement of Stop Signs - Shorewood Oaks Hurm reported staff concurred with the Police Chiefs recommendation regarding the placement of stop signs in Shorewood Oaks. Councilmember McCarty indicated this placement of the stop signs was what the group was looking for and they would also ask for additional police enforcement. McCarty moved, Stover seconded to direct staff to move the existing stop sign from Maple Leaf Circle westerly to the west intersection of Oak Leaf Trail and Shorewood Oaks Drive. The motion passed 4/0. Keane indicated the redraft of the lease agreement for the Senior Community Center should be circulated to the cities by the end of the week. 9. MA YOR AND CITY COUNCIL REPORTS . . . .' REGULAR CITY COUNCIL MINUTES July 24, 1995 . PAGE 7 Councilmember McCarty reported she had been contacted by Debra Borkon regarding a water quality study of Christmas Lake conducted in cooperation with the Christmas Lake Homeowners' Association and the City of Chanhassen. There was Council consensus to ask the Christmas Lake Homeowners' Association to make a presentation at the August 14, 1995 Council meeting. Councilmember McCarty also questioned if portable sanitation units were allowed on private yards. Staff indicated they would check the City Code. Mayor Bean asked if Mr. Boyer had been required to obtain a permit for an ice cream social. Hurm indicated his interpretation was that he would not require a permit for this event. Mayor Bean commented on the incredible progress that was made at the meeting last week with representatives of the four cities involved in the Senior Community Center project. Councilmember Stover expressed her thanks to Mayor Bean for his efforts in the project. Mayor Bean acknowledged all the efforts other Councilmembers have put into the meetings. 10. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Malam moved, McCarty seconded to adjourn the City Council meeting at 10: 10 p.m., subject to approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopishcke Recording Secretary TimeSaver Off Site Secretarial ATTEST: ),') " ./ I'; . . .r;; ..~ rrc-..~)tu~l ':n ..~t:t{....- ROBERT B. BEAN, MAYOR