112995 CC Reg Min
"
.
.
.
CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
WEDNESDAY, NOVEMBER 29, 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 Brown, City Attorney Keane, Planning
Director Nielsen, and Finance Director Rolek.
B.
Review Agenda
Malam moved, McCarty seconded to approve the agenda for November 29, 1995
as amended by removing item 3B. from the consent agenda to a discussion item.
Motion passed 5/0.
2 . APPROVAL OF MINUTES
A.
City Council Work Session Meeting Minutes - November 6, 1995
McCarty moved, Benson seconded to approve the November 6, 1995 City Council
Work Session Meeting Minutes as amended on Page 2, Paragraph 1, Line 1,
replace "near the tower site" with "within the area to be served by the water
tower". Motion passed 4/0. (CounciImember Stover abstained as she was not
present at the November 6, 1995 work session.)
B 1. City Council Executive Session Meeting Minutes - November 13, 1995
McCarty moved, Benson seconded to approve the November 13, 1995 City
Council Executive Session Meeting Minutes as presented. Motion passed 5/0.
B2. City Council Work Session Meeting Minutes - November 13, 1995
Benson moved, Stover seconded to approve the November 13, 1995 City Council
Work Session Meeting Minutes as amended on Page 1, Paragraph 8, Line 4 after
1998 insert ". Also noted were changes in the...". Motion passed 5/0.
B3. City Council Regular Meeting Minutes - November 13, 1995
Malam moved, Benson seconded to approve the November 13, 1995 Regular City
Council Meeting Minutes as amended on Page 1, Paragraph 8, Line 1 replace
"stoplights" with "street lights". Motion passed 5/0.
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for November 29,1995.
,"
.
.
.
REGULAR CITY COUNCIL MINUTES
November 29, 1995 - PAGE 2
McCarty moved, Stover seconded to approve the Motions on the Consent Agenda
and toJadopt the Resolutions therein:
A. RESOLUTION NO. 95 -115. "A Resolution Approving a Cooperative
Agreement #73870 Associated with the Season's Project with the State of
Minnesota Department of Transportation."
C. Motion to Approve Change Order #1 for Project #95-1 Boulder Bridge and
Badger Field Water System Improvements.
D. RESOLUTION NO. 95 -116. "A Resolution Approving Technical
Corrections to Resolutions No. 95-64 and No. 95-110 Adopting the Final
Special Assessment Roll for the Boulder Bridge and Badger Field Water
System Improvements."
Motion passed 5/0.
4. MATTERS FROM THE FLOOR - None.
5. 7:45 P.M. PUBLIC HEARING - TRUTH IN TAXATION
Finance Director Ro1ek reviewed the process and the timetable which was used to prepare the
budget He then outlined the revenue and expenditure summary of the proposed 1996 general fund
budget. He noted that 62% of revenue was received from property taxes and 17% from state aid.
Rolek noted there was a 5.5% increase in property taxes. This was the first increase in the last
four years. Although there was an increase in dollars, an increase in the tax base in the city from
new homes and inflation will more than cover this and the tax rate actually will decrease. Ro1ek
noted that of the 46 cities in Hennepin County, the Shorewood City tax rate had been 15th highest
in 1991. In 1996 the Shorewood City tax rate was 38th highest. He reported City taxes in 1996
are lower than five years ago.
Rolekreported for every $1.00 paid in property taxes, the City of Shorewood receives 13 cents,
the School District receives 55 cents, the county receives 27 cents and the other districts receive 5
cents.
Rolek noted there would not be an increase in the sewer or water charges. There would however
be an increase in the recycling program fees. In 1995, Hennepin County reduced the amount of
recycling funds from $1.85 per household per month to $.85 per household per month. The City
had enough funds to sustain the program for 1995 but in 1996, the fund balance is depleted. Staff
has proposed imposition of a recycling fee of $1.00 per household per month to fmance the fund
gap.
City Administrator Hurm outlined the goals and objectives of the City of Shorewood for 1996. He
explained information gathered from the resident survey was utilized to establish these goals. He
noted the residents of Shorewood had rated the police services, fire department and snow removal
very high and the City intends to maintain these high standards.
Mayor Bean opened the public hearing at 8:24 p.m.
.
.
.
REGULAR CITY COUNCIL MINUTES
November 29, 1995 - PAGE 3
Elden Beckman, 6125 Apple Road, stated his property had an increase in valuation of $5,000.00
from last year...He noted he had made no improvements to the property and felt this was unfair.
Mayor Bean stated this issue was addressed at the Board of Review meeting which was held in
April or May. He noted this year there had been a general increase in valuation of property of
approximately 5% to 7%. After discussion, there had been a few exceptions but generally the City
Council had felt the valuations were correct. He indicated the average valuation increase for the
Twin Cities area had been 8.4%. He urged residents to contact their State Legislators in regard to
the way property taxes are calculated.
Mayor Bean closed the public hearing at 8:28 p.m.
Rolek noted that on the table on Page 2 of the proposed budget "452" should be replaced with
"410".
Benson moved, McCarty seconded to cancel the scheduled reconvened public
hearing to continue discussion of the budget on December 6, 1995 and set final
budget consideration for December 11, 1995. Motion passed 5/0.
Barb Sykora, State Representative 43B, acknowledged the difficulties with the property tax
system. $he and Senator Oliver feel there is a problem with the two tier system. She stated they
are working to come to a resolution that would be fair to all Minnesotans.
3B. Consideration of a Motion to Approve an Agreement with Research Quick,
Inc. for a Snowmobile Task Force Staff Support, Survey Design and
Supervision.
Mayor Bean reported the Snowmobile Task Force was requesting a city wide survey and also the
services of a professional mediator to make their study more effective.
Councilmember Stover stated she supported the survey and the mediator. Her only concern was
that the survey be designed to be as neutral as possible.
Councilmember McCarty stated she supported the survey and the mediator. She would like a good
thorough study so the Council will be able to make the best decision for the City.
Stover moved, Benson seconded to approve an agreement with Research Quick,
Inc. for a Snowmobile Task Force Staff Support, Survey Design and
Supervision. Motion passed 5/0.
6. PARK COMMISSION
Councilmember McCarty reviewed the discussions and actions taken by the Commission at its
November 28, 1995 Park Commission meeting. (Details are provided in the minutes of that
meeting.)
7. PLANNING - Report by Representative
Planning Director Nielsen indicated there was no report as the study seSSIOn scheduled for
November 21, 1995 had been cancelled.
.
.
.
REGULAR CITY COUNCIL MINUTES
November 29, 1995 - PAGE 4
8. CONSIDERA TION OF A MOTION TO AUTHORIZE EXECUTION OF
FINALIZED SENIOR I COMMUNITY CENTER AGREEMENTS AND
AMENDMENT
Mayor Bean reported this was a result of action taken by the City of Deephaven. The City
approved the Cooperative Agreement but added a stipulation to the Lease reserving the right to
review and approve the initial operating arrangements of the South Lake Friends. Mayor Bean
noted Deephaven has been given a copy of every change made to the agreement and opportunity to
comment. If this amendment was passed, the dispute resolution process was still in place to deal
with any issue or problem. He noted he had forwarded the amendment to all cities involved, with
a cover letter recommending positive approval. He stated he did not feel the amendment was
necessary. He also noted, if necessary, it was possible for Shorewood to finance the Senior /
Community Center alone.
Councilmember Stover stated she wanted to see the Senior / Community Center built. She
expressed concern that this amendment was a stall tactic to delay construction, discourage people
and negatively affect the persons collecting funds. She noted the City of Excelsior, Tonka Bay and
Greenwood have all been very supportive of the project. There have been months and months of
negotiations. She felt it would be difficult for the South Lake Friends to manage the project if they
had someone looking over their shoulder.
Councilmember McCarty stated she was not in favor of asking the other cities to provide
Deephaven's share of funding. She suggested the City of Shorewood cover the difference
themselves, if necessary. She noted the Center was for all communities in the area. It would be
wonderful to have, not only for seniors but for girl scouts, wedding receptions, etc. If one
community did not want to be part of it, they should just state this.
Mayor Bean stated he also felt Excelsior, Tonka Bay and Greenwood were all very supportive of
the project. He felt that if the amendment was accepted and the City of Deephaven did slow down
construction, there would be the option to terminate the agreement and go another direction without
their support.
City Attorney Keane expressed concern that if the City of Deephaven did not agree on all aspects of
operation and process and the Cities undertook the process of the dispute resolution mechanism,
they would be left without closure on the agreement and possibly have a facility which would not
have an understanding of operations.
Hurm noted Deephaven had requested the operation procedures be submitted two months prior to
the start of construction. Given the Center would take 5 to 6 months to construct, this would give
up to eight months to come to a resolution on any items of question. He stated he did not believe it
was the intent of the City Administrator of Deephaven to stall the project.
Keane noted a case could be made, depending on interpretation, that construction could not be
initiated until 60 days after operations had been approved.
Mayor Bean noted there were two issues. One being if the language in the amendment was
acceptable. The second being to send a message to the South Lake Friends that they will have a
Senior / Community Center, whether it be a joint effort between all five cities or an effort of only
one or two cities.
.
REGULAR CITY COUNCIL MINUTES
November 29, 1995 . PAGE 5
Councilmember Malam stated he was offended by the request for the amendment. Councilmember
Benson stated he was also offended, noting Deephaven had been part of the negotiations all along.
Mayor Bean again expressed the City of Shorewood's commitment to have a Senior / Community
Center built in 1996. Hopefully, this would be a joint cooperative effort between the five cities but
if this is not possible, the project will be revised.
Councilmember Stover noted the amendment was not clear as to what period would be allowed for
review and approval by the City of Deephaven. Mayor Bean noted he and staff had worked off the
document provided by Deephaven, trying to keep the amendment as simple and open as possible.
Hurm again expressed that in working with the City Administrator of Deephaven, he did not feel it
was their intention to stall construction. The Senior 1 Community Center can still open with the
proposed rules in effect until issues can be resolved.
Mayor Bean stated there should either be a way to make this work or start over with a group of
people who want to make it work. He expressed frustration over fighting over semantics and
could not see adding more language to the agreement.
Councilmember Stover suggested sending a clear message that the City of Shorewood's desire is
to have a new building, hopefully with the other communities. There was Council consensus that
no action will be taken until a response is received from the other communities involved.
.
Benson moved, McCarty seconded to continue the authorization of execution 0 f
finalized Senior 1 Community Center Agreements and Amendment to the December
11, 1995 City Council Meeting. Motion passed 5/0.
9. CONSIDERATION OF ADOPTION OF AN ORDINANCE ESTABLISHING
A RECYCLING FEE
Rolek reported this would be a $1.00 per month per household fee to all households eligible for
recycling in the City of Shorewood. This fee would cover the funding gap experienced by the
reduction of funds provided by Hennepin County. This would begin on January 1, 1996.
McCarty moved, Stover seconded to approve Ordinance No. 307. "An Ordinance
Amending City Code Section 1300.02, Relating to Residential Recycling Fees".
Motion passed 5/0.
Mayor Bean recessed the meeting at 9:26 p.m. and reconvened the meeting at 9:35 p.m.
10. ADMINISTRATOR AND STAFF REPORTS
A. Engineer's Report on Requests for Traffic Control Measures - i.e. Chaska Road and Near
Mountain Boulevard
.
City Engineer Brown reviewed the following approach to handling neighborhood safety concerns.
Upon receiving neighborhood safety concerns, a Community Oriented Policing approach would be
taken. A committee would be established consisting of Brian Flaherty (the Shorewood Police
Officer), City Engineer, staff or Councilmembers and members of the neighborhood where the
safety concern exists. They would meet several times to determine what the problem is, the best
way to get accurate data, to review options for addressing the problem, and report to the City
. .
'. .
.
.
.
REGULAR CITY COUNCIL MINUTES
November 29, 1995 . PAGE 6
Council and the neighborhood with recommendations. The Council would then determine if a
course of action should be undertaken.
Brown noted there have been two requests for speed studies. One at Chaska Road near TH 7 and
one at the Near Mountain Boulevard area. The unit which is used for this type of study has been
damaged by vandalism. It was thought this unit would be repaired before significant snowstorm
but unfortunately, it has not. The residents who have requested the study feel comfortable with
this as most violations occur during the summer. Brown stated he expects to conduct the studies in
spring or summer of 1996.
Hurm noted he felt Officer Flaherty's priorities were safety, traffic, and community policing. He
felt it made sense to listen to what the neighborhood was saying. If the data did not show a
problem but the neighbors felt there was a problem, then there was a problem. He noted it is
important to educate the residents on what the City can and cannot do. The City would then be
pro-active and prevent problems.
Mayor Bean suggested asking the Police Chief and the Public Works Director to speak at a meeting
as to what measures were available for speed control, their effectiveness, and cost. He felt this
would also be educational for the residents.
Councilmember Malam urged residents to slow down and respect the speed limits in their
neighborhood and other neighborhoods.
B.
Engineer's Report on Availability of Water on Howard's Point Road 1 Edgewood Road
Brown reported residents have been notified that water services are available on Howard's Point
Road and Edgewood Road as of November 15, 1995. Residents in this area have 18 months to
arrange for private hook-up. Existing water wells may be maintained for lawn watering and other
uses as long as there is no connection to the city water system. Brown noted the two other
segments will not have water available until spring of 1996. The contractor is currently
concentrating on clean-up and restoration.
There was Council direction for staff to clarify the conditions of hardship as stated in the letter of
November 16, 1995.
Councilmember McCarty excused herself from the meeting at 9:54 p.m.
C. Establish CIP Work Session December 4, 1995
There was Council consensus to schedule at CIP Work Session for December 4, 1995 at 7:30 p.m.
11. MAYOR AND CITY COUNCIL REPORTS
Mayor Bean noted there were vacancies for various 1996 seated commission members. There was
Council consensus for the Council Liaison to contact the members of the various commissions to
see if they were interested in serving another term. If they were not, staff was directed to advertise
the various positions open.
Hurm noted there was a current vacancy for a Representative to the Shorewood Suburban Alliance
Board of Directors. This representative would be involved with housing issues. An important
issue may be to assess ways to maintain and expand affordable housing in the City of Shorewood.
.. ~ ~ t #< \
.
.
.
REGULAR CITY COUNCIL MINUTES
November 29, 1995 - PAGE 7
12. ADJOURNMENT TO WORK SESSION FORMAT SUBJECT TO
APPROVAL OF CLAIMS
Bean moved, Benson seconded to adjourn the City Council meeting at 10: 00
p.m., subject to approval of claims. Motion passed 4/0.
RESPECTFULL Y SUBMITTED,
Lorri L. Kopischke
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
c
C. HURM, CITY ADMINISTRATOR
\
. /1 B
.../ I; . 'I /
f~~~~1Str. Q(J.~
ROBERT B. BEAN, MAYOR