Shorewood Violated Its Own Ordinance on City Water

Revised February 1st, 2024

At the regular City Council meeting on Sept. 26, 2022, the City Council voted 4-1 to approve the plans for reconstruction of Birch Bluff Road. Labadie, Siakel, Johnson and Callies voted yes. Gorham voted no.^[1] ^[2] Included in those plans and specifications, were plans for a water improvement project at a cost projection of $913,000.00. (Related article on the Water Fund here)

The process authorizing the initiation of water improvements, including those by the City Council, is detailed and governed by city code 903.18. That section of the city code provides a clear and thorough recipe for how a water improvement process can be initiated and, if approved, who will pay for it.

Here is the section of the code relevant to Birch Bluff Road:

(4) By the initiative of the City Council. If the City Council determines to order an improvement, a feasibility report, as set forth in c. below, shall be undertaken and a public hearing shall be scheduled to consider the project. A simple majority vote of the City Council is needed to start the proceedings. If an improvement is ordered, benefitting properties shall be assessed pursuant to the procedures set forth in M.S. § 429.

This is what happened on Birch Bluff:

The Council voted to initiate the project and ordered a feasibility report. So far, so good.

After much research of City Council meeting minutes, nowhere is there mention of a notice for, or scheduling of a public hearing. While there was at least one “open house” to allow interested parties to meet with staff and look at the overall plans, including road widening, sewer, etc., that is not a substitute for a public hearing. A public hearing is a more formal event that is scheduled before the whole City Council and would appear as an agenda item during a regular meeting.

In addition, per city code: If an improvement is ordered, benefitting properties shall be assessed pursuant to the procedures set forth in M.S. § 429.

The City’s own webpage “FAQs: Birch Bluff Road” contradicts the ordinance regarding assessments when it answers the question regarding cost and connection to water:

To recap:

The City Council did order a feasibility study ✓
The City Council did not send a notice for a public meeting ⌧
The City Council did not hold a public hearing ⌧
The City Council did not assess the benefitting properties ⌧

Only 1 out of 4 requirements were met for this project!

While the Council was within its authority to order the water improvement, that authority does not absolve it from following the process and procedures very clearly spelled out in city code 903.18.