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082895 CC Reg Min ~~ , , . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, AUGUST 28, 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 7:37 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover; Administrator Hurm, City Engineer DeLaForest, City Attorney Martin, Planning Director Nielsen, and Finance Director Rolek. B. Review Agenda Stover moved, McCarty seconded to approve the agenda for August 28, 1995 amended by removing Item 3E. from the consent agenda, moving Item 3C. from the consent agenda to be included in Item 13. Council Reports, moving Item 3 B . from the consent agenda to a discussion item after 3H., addition of a topic item 6A. Discussion of Christmas Lake Road Cul-De-Sac, and moving Item 11. LMCD - Report by Representative to follow Item 7G. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Minutes - August 14, 1995 McCarty moved, Malam seconded to approve the August 14, 1995 City Council Regular Meeting Minutes as amended on Page 7, Paragraph 7, Line 1 replace "Tom Rendos" with "Blair Bury", on Page 8, Paragraph 1, Line 1 replace "Shorewood" with "South" and Page 8, Paragraph 1, Line 2 replace "mechanic" with "mechanical". Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for August 28, 1995. Malam moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 95-74. "A Resolution Approving a Conditional Use Permit for Accessory Space in Excess of 1,200 Square Feet." Applicant: John Erickson. Location: 23785 Yellowstone Trail. D . Motion to Approve the Contract for Services with Abdo, Abdo and Eick to Audit Financial Statements for the Year Ended December 31, 1995. F. Motion to Approve and Authorize Execution of Repayment Agreement. Applicant: Doris Sadek. Location: 25850 Wild Rose Lane. . . . REGULAR CITY COUNCIL MINUTES August 28, 1995 - PAGE 2 G. RESOLUTION 95-75. "A Resolution Requesting a Speed Study on Shorewood Oaks Drive and Oak Leaf Circle." H . Motion to Approve 1996 Mound Fire Contract Budget Proposal. Motion passed 5/0. 3B. Motion to Adopt a Resolution Approving Development Stage for Smithtown Properties P.D.D. (a.k.a. LedinIWartmanlMinnewashta P.D.D.) Applicant: Lundgren Bros. Construction. Location: 76.5 acres north of Smithtown Road, west of Minnewashta Elementary School. Nielsen reported there was a minor change to condition No.7 to include additional language to acknowledge that three of the parcels included in this project had been listed on the previous assessment roll. Terry Forbord, Lundgren Bros. stated he felt the resolution should state each lot in the P.D.D. should be connected with an amount not to exceed $5,000 for water assessment and $5,000 in trunk charge. He felt this would make it clear and avoid any lot be charged the assessments twice. Nielsen indicated he agreed with the suggestion. Stover moved, Malam seconded to adopt RESOLUTION NO. 95-76. "A Resolution Approving a Development Stage for Smithtown Properties Planned Unit Development (a.k.a. LedinlWartmanlMinnewashta P.U.D.) for Lundgren Bros. Construction, 76.5 acres north of Smithtown Road, west of Minnewashta Elementary School subject to staff corrections." Motion carried 5/0. 4. MATTERS FROM THE FLOOR John Pastuck, 20345 Excelsior Boulevard, stated his opposition to the wetland setback ordinance. He indicated he was unable to find any statistics or scientific evidence to show this ordinance was necessary other than that other cities were adopting such ordinances. As it pertained to him, he reported he attended the Planning Commission Meeting and was shocked to discover the ordinance did not apply to him except that he was not able to get his subdivision done. He indicated his lot is an existing lot and the ordinance states existing lots prior to August 28, 1995 are not subject to the new wetland setbacks. He stated he had come before the Planning Commission in May of 1995 and was told his lot was subject to the setbacks. Nielsen indicated he had spoken with the City Attorney regarding this issue. Nielsen stated Mr. Pastuck's subdivision had been delayed due to the moratorium. During the moratorium, the Comprehensive Plan had been updated and the wetland setbacks were included in the Comprehensive Plan. The ordinance regulating these setbacks will be adopted this evening but in the interim, the setbacks had been enforced as a manner of policy under the guidelines of the Comprehensive Plan. He stated this was the same policy being used for the tree preservation policy. Mayor Bean explained the wetland setback was established as a policy last winter and was now being codified into the form of an ordinance. He suggested Mr. Pastuck work with the Planning Department and go through the normal process to request his subdivision. . . . , , REGULAR CITY COUNCIL MINUTES August 28, 1995 - PAGE 3 5. PRESENTATION BY JIM DANIELS AND COMMISSIONER FOUST ON TELECOMMUNICATION LEGISLATIVE UPDATE AND 1996 BUDGET Commissioner Foust reported about an important amendment to a bill passed by Congress which would restore local municipality rights to govern their right-of-ways. He indicated during a re- regulation process there was a retroactive rollback which resulted in a refund to the subscribers and the resulting sales tax had also recently been refunded. He reported there were no outstanding complaints within the City of Shorewood. Commissioner Foust stated an ad-hoc committee had been formed to assess the future telecommunication needs of the City of Shorewood. Jim Daniels explained there was no real significant increase in the 1996 Lake Minnetonka Communications Commission (LMCC) budget. He indicated this budget is not funded with tax dollars, but rather a cable company franchise fee paid annually to the LMCC. Benson moved, Stover seconded to approve the 1996 budget for the Lake Minnetonka Communications Commission. Motion passed 5/0. 6. PRESENTATION BY PAUL KACHELMYER, PROJECT MANAGER WITH MNDOT, REGARDING COORDINATION OF HIGHWAY 7 AND CHRISTMAS LAKE INTERSECTION IMPROVEMENTS Paul Kachelmyer reported the Christmas Lake Road intersection improvement was scheduled for 1996 construction. This project would include reconstruction of the left turn lane, two lanes of traffic going both directions and the addition of right turn lanes both directions. He indicated there will be a permanent light system installed which will increase the visibility of the stoplights. He stated there would not be an advance warning light for the stoplights installed and there will be no other improvements done in connection with this project. Commissioner Benson stated he was very concerned with the site line and with safety at this intersection. Mr. Kachelmyer stated he had been told the sight distance. will be improved substantiall y. Mr. Kachelmyer explained the proposed improvements for Highway 7 into Excelsior. He reported there was a safety issue with the entrance and exit both being located on the left hand side of the road. Also the second bridge which was built in 1938 by the railroad was in terrible physical condition. He reported MNDOT was not sure how long they could keep the bridge open and had been working with the City of Excelsior to determine the best alternative to serve safety, traffic control and local concerns. He stated to date, this project has no funds allocated to it. He indicated MNDOT is working with the City of Excelsior to arrive at an agreeable solution and will request funding this fall, with construction to start in three years. Mr. Kachelmyer then addressed the issue of Water Street and Highway 7. He indicated this area has had 50 accidents in the past four years. He stated MNDOT did not feel it was feasible to close the median in this location but was suggesting the access onto Water Street on the south side be only right turn in and right turn out. He asked the Council to consider this situation and offer suggestions to MNDOT. Mayor Bean indicated the Council was concerned with the coordination of the Christmas Lake Road project and the bridge access. He stated if the bridge was closed it would create an extreme safety hazard. He stated he felt there was no logic in the planning of these projects. Mr. Kachelmyer reported the bridge was in such bad condition it was expected to start to cru!TIble. He indicated it was suspected the bridge would last another two to three years but the engmeers have stated it could fail at any time. . . . . , REGULAR CITY COUNCIL MINUTES August 28, 1995 - PAGE 4 Council~em~e~ McC~ asked why the.r~ was not a high priority to attain funding for rebuilding of the bndge If It was m such poor condItIon. Mr. Kachelmyer stated there are no funds available for the project. Councilmember Benson stated there would be an extreme mess if the bridge were closed and all the traffic had to be re-routed to the Christmas Lake Road intersection and down 3rd A venue. He stated if the Christmas Lake Road project and the Excelsior project were not done together, he did not even want to see the project done. Benson moved, McCarty seconded to recommend the Christmas Lake Road intersection project be delayed until all the projects were connected in some reasonable fashion. Councilmember Benson stated all the commumtIes involved, Shorewood, Excelsior, and Greenwood, needed to come together and address this problem. Councilmember McCarty stated she felt MNDOT was utilizing poor planning and the projects should be coordinated and done together. Mr. Kachelmyer indicated MNDOT was attempting to acquire funding for the bridge. Councilmember Benson indicated he was not satisfied with a drawing and being told MNDOT was hopeful the bridge would last and hopeful they could obtain funding. He again expressed concern if the bridge would fail and all the traffic would be routed to County Road 19 and Christmas Lake Road. Mr. Kachelmyer stated the Christmas Lake Road project was being completed first because there had been deaths at this intersection and none at the Excelsior exit. Councilmember Benson stated he had attempted to get these projects coordinated. He stated this proposal was a change from what was presented to the City Council two years ago. Mayor Bean stated if a choice had to be made between the Christmas Lake Road project and the ramp into Excelsior, he would recommend moving the funds allocated to the Christmas Lake Road project to the Excelsior project. Councilmember Benson stated he felt both projects have to be done together. He indicated if the bridge goes down it will affect the entire community. Councilmember Malam suggested it may be appropriate to continue with the Christmas Lake Road project in preparation of the bridge being closed. With this approach, traffic would at least be re- routed to a safe intersection. Mayor Bean stated1he bridge should take priority. Councilmember Malam stated even if the funds were shifted to the bridge, it would be three years before right-of-ways. and condemnation procedures could be conducted and the project started. Councilmember Benson stated he agreed with Councilmember Malam but was concerned with the time-frame. Mayor Bean stated he felt it was inappropriate to send a message that the Christmas Lake Road project be tabled. He felt it better to send a message that the two projects should be done together and investigated in that context. Councilmember Benson and Councilmember McCarty concurred to withdraw the motion on the floor. There was Council consensus to draft a letter, from the cities of Shorewood, Excelsior and Greenwood, stating their disgust with the planning of the project and strongly suggesting the right thing be done. . . . . I REGULAR CITY COUNCIL MINUTES August 28, 1995 - PAGE 5 Mr. Kachelmyer explained the project on Highway 7 from Highway 41 to St. Bonifacius would hope to inclu~e ne~ surface of blacktop. paved shoulder. closure of some side streets. right turn lanes and draInage Issues. If MNDOT cannot obtain the funding, the project will be limited to resurfacing and paving the shoulders. This project is scheduled to begin in two years. He stated there has also been a task force established to address the long term plans for Highway 7 from S t. Bonifacius to Hutchinson. This will likely remain a two-lane road with a passing lane in certain areas. DeLaForest asked when MNDOT would like to receive the City of Shore wood recommendations regarding Water Street. Mr. Kachelmyer indicated this would be included with the plan for Excelsior so any input would be required within the next two months. 6.A. DISCUSSION OF CHRISTMAS LAKE ROAD CUL-DE-SAC Mayor Bean stated there had been discussion over the summer as to changes which were made at the end of Christmas Lake Road. Councilmember Benson explained the residents of Christmas Lake Road had funded to have a cul-de-sac created at the dead end on Christmas Lake Road. It had been determined it was unacceptable and Councilmember Benson had agreed to make the repairs. He stated it had taken a long time. but all that was left to complete the repairs was a dump truck of dirt and some shrubbery. Rick Dyer. 6070 Brand Circle, stated he had been one of the four residents on Brand Circle to agree to the cul-de-sac. He indicated the other three residents would prefer to see the road opened again. He stated after all Councilmember Benson's hard work. the area was still ugly. He stated there was nothing in the City plan to address the blacktop portion and wished something to be done- to alleviate this problem. He suggested opening the road. address the area so it looks better or removing the blacktop and replacing it with grass. Councilmember McCarty indicated she would like the opportunity to view the site and receive input from City Staff as to possible alternatives. There was Council consensus to direct staff to prepare a recommendation for two or three alternatives and the cost estimates for the Christmas Lake Road cul-de-sac. for the September 25, 1995 Council Meeting. Mayor Bean recessed the meeting at 9:30 p.m. and reconvened the meeting at 9:38 p.m. 7. PLANNING - Report by Representative Commissioner Turgeon indicated she had no update as the Planning Commission held only one meeting this month and these items had been presented to the City Council at their August 14.. 1995 meeting. A. Direct Staff to Prepare Findings of Fact Regarding a Conditional Use Permit for Space in Excess of 1.200 Square Feet. Applicant: Kurt Scheurer. Location: 26930 Edgewood Road. Nielsen reported Mr. Scheurer was proposing significant remodeling and expansion to his existing home which included an attached garage. The area of this attached garage when combined with an existing unattached garage exceeded 1,200 square feet of accessory space. The property is located in the R-IAJS, Single Family ResidentiallShoreland zoning district and the proposal meets the four criteria required for granting a conditional use permit. Nielsen stated staff and the Planning Commission are recommending approval subject to the applicant demonstrating that proposed lot coverage does not exceed 25% of the total lot area. REGULAR CITY COUNCIL MINUTES August 28, 1995 - PAGE 6 . Mr. Scheurer stated he would like to keep the existing garage for storage, as the home has no usable basement. Councilmember McCarty noted it appeared there was a question regarding drainage. Nielsen stated the Planning Commission did ask that the City Engineer address the drainage issue as there was a potential for the drainage to pool in the front of the property. Stover moved, McCarty seconded to direct staff to prepare a findings of fact regarding a conditional use permit for Kurt Scheurer, 26930 Edgewood Road subject to the applicant demonstrating that proposed lot coverage does not exceed 25 percent of the total lot area and City Engineer review of the drainage. Motion passed 5/0. . B. Direct Staff to Prepare Findings of Fact Regarding a Setback V arianceN ariance to Expand a Nonconforming Structure. Applicant: Jim Kantola. Location: 20845 Radisson Road. Nielsen reported Mr. Kantola had purchased the property at 20845 Radisson Road and had done a lot of remodeling and cleaning up of the existing buildings. He stated the home was non- conforming and the property was unusual as there was no actual road right-of-way for Radisson Road. He stated it was difficult to determine a location for the proposed garage as the required setbacks would push the garage over a steep embankment. Therefore, Mr. Kantola is requesting a 19 foot variance to construct a two car garage. Nielsen indicated Mr. Kantola has also requested some flexibility with the site plan of the garage. He asked that the buyer be allowed to have a larger garage if so desired. Due to the topography and inability to have a two car garage, the Planning Commission recommended approval of the variance for the garage with the condition the garage be no closer that 19 feet and remain an end-loading garage, and could be up to 24 feet by 24 feet. Mr. Kantola is also requesting an eight foot variance to rebuild an existing deck on the west side of the house, which is non-conforming and within two feet of the side lot line. Nielsen reported staff and the Planning Commission recommend denial of the request for the variance for the deck as it is felt the deck could be built elsewhere. McCarty moved, Stover seconded to direct staff to prepare a findings of fact regarding a setback variance/variance to expand a nonconforming structure for Jim Kantola, 20845 Radisson Road to construct up to a 24 foot by 24 foot garage, maintaining a 16 foot setback and end loading garage design and reconstruction of the deck to bring into conformance with the side yard setback. Mayor Bean explained the extenuating circumstance in this s.ituation was that it was City policy that every homeowner should be allowed to have a two car garage. Councilmember Benson explained the granting of a variance to allow the garage would also make for a safer situation on Radisson Road as cars would no longer be parking on the road. Motion passed 5/0. C. Direct Staff to Prepare Findings of Fact Regarding a Setback V arianceN ariance to Expand a Nonconforming Structure. Applicant: Robert West. Location: 5815 Ridge Road. Nielsen explained in June of 1995, Manual Silva had received a variance to construct a garage on this property. Since that time, Mr. West has purchased the property and is requesting a revised version of the variance. The new proposed single-story addition will be built into the hill and will have less aesthetic impact. It will also include a covered walkway between the house and the garage. Nielsen stated staff is recommending approval of the variance subject to the City Engineer's approval of the turning radius into the driveway. . . . . REGULAR CITY COUNCIL MINUTES August 28, 1995 - PAGE 7 ~r. We~t s~ated he would also like to .re~lace and slightly expand the deck as it is in bad repair. NIelsen mdIcated the deck work was wIthm setbacks and does not require a variance. Malam moved, McCarty seconded to direct staff to prepare a findings of fact regarding a setback variance/variance to expand a nonconforming structure for Robert West, 5815 Ridge Road subject to staff recommendations. Motion passed 5/0. D. Direct Staff to Prepare Findings of Fact Regarding Setback V arianceN ariance to Expand a Nonconforming Structure. Applicant: Stephen and Joan Olson. Location: 20760 Radisson Road. Nielsen reported the Olsons have a non-conforming single family home and are proposing an addition which will maintain the same 21 foot setback as the existing house. The unusual configuration of the lot results in a small amount of usable space. He reported there are a number of buildings in this immediate area which are very close to the right-of-way. Nielsen stated staff is recommending approval of the variance subject to the hard cover being limited to 25%. Joan Olson, 20760 Radisson Road, stated her home was built in 1895 and contains only 1200 square feet of area. She stated they would like to expand and feel the proposed plan does the best job with the lot and the existing setbacks. Nielsen stated due to the configuration of the lot, the proximity of the adjoining buildings and the house being almost entirely within the rear yard setback of the lot, this was the only practical way to expand the structure. Nielsen noted it was also recommended the applicants take appropriate construction measures to protect the existing trees. Stover moved, McCarty seconded to direct staff to prepare findings fact regarding a setback variance/variance to expand a nonconforming structure for Stephen and Joan Olson, 20760 Radisson Road subject to Planning Commission and staff recommendations. Councihnember Malam noted there were two sheds located on the north edge of the lot which were not in conformance with the setback. He suggested these sheds be moved so they are within the setback requirements. Mrs. Olson indicated this would be acceptable. Stover moved, McCarty seconded to amend the motion on the floor to include the two buildings be located within the setback area. Motion passed 5/0. E. Consideration of a Motion to Adopt an Amendment to Chapter 11 02 (Wetland Developments) of the City Code. Nielsen explained this ordinance will create a setback from the wetland areas. He stated the City Attorney has advised the effective date of the ordinance is August 28, 1995 as stated, but has in fact been in effect as a policy as determined by the Comprehensive Plan update. Nielsen stated the Planning Commission has recommended approval of the ordinance and has directed staff to look into the possibility of applying this ordinance, or some version of this ordinance, to the existing lots. McCarty moved, Benson seconded to adopt ORDINANCE NO. 305, "An ordinance amending Chapter 1102 of the Shorewood City Code relating to wetland developments." Motion passed 5/0. REGULAR CITY COUNCIL MINUTES August 28, 1995 . PAGE 8 . Direct Staff. to Prepare. Findin~s of Fact Regarding ~evision to Previously Approved Setback Vanance. ApplIcant: Richard Kowalsky. LocatIOn: 5740 Christmas Lake Point. Nielsen reported in April of 1995, the Planning Commission and City Council !!ranted a variance to Mr. Kowalsky.to expand his. existing home and add a garage. When fmal ;onstruction/plans were completed, It was ?ete~ned. that a large clump of trees ~ould be saved if the proposed garage was relocated. This wIll reqUIre the garage be moved but WIll not require any more variance and will also reduce the amount of hard cover. Nielsen stated the Planning Commission and staff are recommending approval of the variance. F. Benson moved, Malam seconded to direct staff to prepare findings of fact regarding revision to previously approved setback variance for Richard Kowalsky, 5740 Christmas Lake Point. Motion passed 5/0. G. Consideration of a Motion to Adopt a Resolution Approving a Simple Subdivision. Applicant: John Paulson. Location: 5615 Eureka Road. Nielsen reported Mr. Paulson is proposing to subdivide his property into two lots. Nielsen stated Mr. Paulson has provided the City with drainage and utility easements and an up-to-date title opinion for the property. He stated the new lot is subject to a park dedication fee, local sanitary sewer access charge and trunk water charge. Nielsen noted Mr. Paulson has petitioned the City to assess the trunk charge, which is allowable under the ordinance. The City Attorney will draft an agreement which will then be recorded with the resolution. . McCarty moved, Malam seconded to adopt RESOLUTION 95.77. "A resolution approving a subdivision for John Paulson, 5615 Eureka Road." Motion passed 5/0. 11. LMCD. REPORT BY DIRECTOR ALAN WILCOTT A. Review of 1996 LMCD Budget Mr. Alan Wi1cott, Administrative Director of the Lake Minnetonka Conservation District, presented the Council with the balance sheet as of July 1995. He reported this had been the best year for milfoil control. He indicated there was concern if monies were removed from the reserve to fund the 1996 budget. Mr. Wilcott stressed the need for an independent objective opinion on the lake regarding inspections. 8. CONSIDERATION OF A MOTION TO ACCEPT THE BIDS AND AUTHORIZE APPROVAL OF CONTRACT FOR BOULDER BRIDGEIBADGER FIELD WATER SYSTEM IMPROVEMENT . DeLaForest indicated the City had received four bids for the. water system improvements. He indicated the low bid had been received from Dave Perkins Contracting, Inc. in the amount of $903,914. He stated the difference in the amount of the City Engineer's estimate and the contractors' bid were due mostly to the fittings the contractors had bid for the water main. He indicated these fittings accounted for $41,000 of the cost. He stated all three low bids had indicated they viewed the work on Smithtown Road as extremely difficult and this had increased the cost of the project. He indicated another factor in the cost was the boring required on Manitou Road due to the fiber optics. He stated the City had three options. They could either not proceed with the project, reject the bids and rebid later in the winter or early spring (which could possibly result in a reduction of 0-5%), or award the bid to Dave Perkins Contracting, Inc. DeLaForest indicated the additional cost would be financed out of the water fund. The projected cash flow . . . REGULAR CITY COUNCIL MINUTES August 28, 1995 - PAGE 9 indicates the water fund would retain a positive balance. DeLaForest indicated he recommended awarding the bid to Dave Perkins Contracting, Inc. as he did not believe there would be a substantial reduction in costs if the City rejected the bids and rebid at a later date. He indicated there was the possibility of removing Smithtown Road from the bid but was concerned as to how this would impact the current developments in the area. Finance Director Rolek indicated this increase in cost would tighten the cash flow quite a bit. He stated he had done an analysis based on income derived from required connections and determined connections are a necessity to make this work. Councilmember Stover stated she was not comfortable with forcing people to hook up to the system. Councilmember McCarty indicated she agreed and was concerned with people who were on a limited income. Rolek stated from the beginning of the project it was planned that one-third of the system would be financed through water sales with the other two-thirds being funded through assessments. There was Council consensus to continue this item to the next Council meeting of September II, 1995 when more information could be obtained. Benson moved, Stover seconded to continue the acceptance of bids and authorization for approval of contract for Boulder Bridge/Badger Field water system improvements. Motion passed 5/0. 9. CONSIDERATION OF AMENDMENT TO SECTION 9.03 REGARDING W A TERMAIN ASSESSMENTS Benson moved, Stover seconded to continue consideration of the amendment to Section 9.03 regarding watermain assessments to the September 11, 1995 Council meeting. Motion passed 5/0. 10. CONSIDERATION OF ADOPTION OF A RESOLUTION REGARDING WATER CONNECTION POLICY Benson moved, Stover seconded to continue consideration of a resolution regarding water connection policy to the September 11, 1995 Council meeting. Motion passed 5/0. 12. ADMINISTRATOR AND STAFF REPORTS - None 13. MAYOR AND CITY COUNCIL REPORTS 3C. Consideration of A Resolution Approving Applications for Deferment of Watermain Assessment. " Councilmember Stover questioned why residents need to apply every year if this is approved once. Rolek explained it was a means for staff to keep track of the status regarding homestead tax, household income, etc. Councilmember Stover asked if the City could be responsible to send a notice to the residents to reapply for the deferment. Rolek indicated staff could be responsible to send notice to residents for reapplication for deferment. .' . . . . REGULAR CITY COUNCIL MINUTES August 28, 1995 - PAGE 10 Stover moved, McCarty seconded to approve Resolution 95-78. "A resolution granting deferment of special assessments for the 1995 water improvements project to Roman Wartman, 26750 Smithtown Road and Pearl D. Lawrence, 25840 Smithtown Road subject to deleting Paragraph 5 relating to yearly renewal of application." Motion passed 5/0. Mayor Bean recommended the City Council accept the levy as proposed by staff as they would have the opportunity to lower the levy if necessary at a later work session. Benson moved, McCarty seconded to direct staff to prepare a resolution to approve the tax levy for the year 1996 not to exceed 5.5 percent. Motion passed 5/0. There was Council consensus to schedule a work session to discuss the 1996 proposed budget, if necessary for September 12, 1995. 14. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, McCarty seconded to adjourn the City Council meeting at 11:36 p.m., subject to approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Lorri L. Kopischke Recording Secretary TimeSaver Off Site Secretarial ATTEST: } / <:::,,-ILv--l1Lj 18 cf9..(._- ROBERT B. BEAN, MAYOR /1 I .i r , I ~NV\9.A. L VV\A/\ JAMEUiC, HURM, CITY ADMINISTRATOR