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011485 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MON., JANUARY 14, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB RD 7:00 P.M. . M I NUT E S OATH OF OFFICE The Oath of Office was read by the three (3) newly elected Council- members, Mayor Robert Rascop, Councilmembers Bob Gagne and Kristi Stover. These members were sworn in by City Clerk Kennelly. CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:00 P.M., January 14, 1985. PLEDGE OF ALLEGIANCE Mayor Rascop opened the meeting with the Pledge of Allegiance and Prayer. ROLL CALL Present: Mayor Rascop; Councilmembers Shaw, Stover, Gagne and Haugen (arrived 7:10 P.M.). Staff: Attorney Larson, Engineer Norton, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. . APPROVAL OF MINUTES Gagne moved, seconded by Stover to approve the minutes of the regular Council meeting of December 10, 1984 as written. Motion carried-4 ayes. MATTERS FROM THE FLOOR Mr. and Mrs. Lloyd Bache of 5535 Wedgewood Drive were present to request the Council to appoint a special prosecutor to prosecute a man that they say assaulted Mrs. Bache. Attorney Larson reviewed the case for the Council. He referred to his request of the Council to appoint an outside prosecutor at the time of the incident. The appointed attorney reviewed the case and felt the case was unwarranted. Mr. Bache later went to the newly appointed Police Chief and requested that the prosecution be followed up on. At that time Attorney Larson sent all the case information to the County Attorney, after reviewing, the County Attorney declined to prosecute. Attorney Kelly also reviewed and did not feel there was reason to reopen the case. Baches' do have the right to bring up a civil suit. Gagne asked if a 4th attorney should review again? Mr. Bache asked for an impartial attorney. He felt the St. Louis Park attorney was partial. . Gagne moved, seconded by Rascop to direct the Administrator to locate an outside attorney and refer this case to him for review. Motion carried - 5 ayes. . . . MINUTES REGULAR COUNCIL MEETING MON., JANUARY 14, 1985 page two Matters From the Floor, continued: Mrs. Bache would like to be able to also talk to the attorney because she feels the file is not complete. ~~ Mr. Joel Capesius and his son attended the meeting to obtain the needed credit of attending a Council meeting as required to qualify for his Eagle Scout badge. He asked the Mayor what it costs to run the City for one year? He indicated the 1985 budget total is $1,428,000.00. PLANNING COMMISSION REPORT Stover reported that the Planning Commission reviewed and approved the Shorewood Oaks subdivision and the Orville Hastings variance request. They also reviewed the commercial portions of the new Zoning Ordinance. PARK COMMISSION. REPDRT Gary Carl invited the Council and staff to the Skating Party planned by the Park Commission for February 3rd at Badger Park. Carl recommended granting the BMX Track contract to David Ronkin of North StarBMX. This year's contract is the same as last year with five (5) additional items as recommended by the Park Commission: 1. $1,000,000. insurance policy effective 24 hours per day. 2. Total maintenance of track. 3. Dispose of old building currently on site. 4. Satellite cost covered. 5. Subject to closing if problems occur. (Refer to Park Commission minutes of 1/7/85). Shaw moved, seconded by Haugen to grant BMX Contract to North Star BMX for 1985 as submitted. Motion carried - 5 ayes. Council will present a plaque to Roger Stein for his service and dedication to the Park Commission. He will be resigning effective 2/1/85. GAMBLING LICENSE RESOLUTION NO. 1-85 Council reviewed the application for a Gambling License for the American Legion Post #259. Chief Young indicated that no complaints have been received on the Legion operation. Gagne moved, seconded by Stover to issue the permit as applied for. Resolution carried by roll call vote - 5 ayes. . RESOLUTION NO.0 -is 1. Deputy Mayor Jan Haugen - appointed to first half of year Tad Shaw - appointed to second half of year 2. Representatives to: a. b. c. d. e. f. . g. h. i. j . . Public Works - Tad Shaw Park & Recreation Liaison - Bob Gagne Liquor Stores - Kristi Stover and Bob Gagne So. Lake Mtka. Public Safety - Robert Rascop City Communications - Jan Haugen (Neighborhood Groups) Planning Commission Liaison - Kristi Stover Budget & Finance - Robert Rascop and Kristi Stover Audit Committee - Tad Shaw and Bob Gagne Union Negotiations - Tad Shaw and Robert Rascop Intergovernment Affairs - Robert Rascop and Jan Haugen 1. Liaison to Metro Council - Robert Rascop 2. State Government and Jan Haugen 3. County Government Minnehaha Creek Watershed District - Bob Gagne k. Public Relations & Newsletter - Kristi Stover (Contributions by Council) and Sandy Kennelly 1. Shade Tree Disease Program - Dan Vogt m. Insurance - Tad Shaw . 3. Staff . . a. Administrator/Treasurer - Daniel Vogt b. City Clerk - Sandra Kennelly c. Public Works - Donald Zdrazil d. Liquor Store Manager - Bill Josephson e. Auditor - Matthias, Roebke & Maiser f. Planner/Building Official - Bradley Nielsen g. Finance Director - Evelyn Beck 4. Attorney Gary Larson - To resign March 15th, 1985 5. Engineer Orr-Schelen-Mayeron & Associates 6. Health Officer Doctor Greg Seifert 7. Fire Marshall Mark Kuhmly 8. Representatives to Affiliated Organizations: a. Association of Metro Municipalities - Jan Haugen and League of Minnesota Cities - b. Minnetonka Community Services - Tad Shaw c. Lake Mtka. Conservation District - Robert Rascop d. Lake Minnetonka Cable Communication Commission - Jan Haugen and Bob Gagne 9. Bank Depository ~ Minnetonka Bank and other depositories as necessary. 10. Newspaper Gagne moved, seconded by Stover to appoint Minnesota Suburban Newspaper, for discussion. Motion was denied. 1 aye (Gagne), 3 nays, 1 abstain (Haugen). Shaw moved, seconded by Stover to appoint Weekly Newspaper. Motion accepted effective 1/15/85. 3 ayes, 1 nay (Gagne), 1 abstain (Haugen). 11. Planning Commission Appointments Chairperson: Janet Leslie Members: Mary Boyd - 3 year term to expire 12/31/87 James Schultz - 3 yr. term to expire 12/31/87 12. Park Commission Appointments ~ Chairperson: Gordon Lindstrom Vice-Chair: Conrad Schmid Members: Gary Carl - 3 yr. term to expire 12/31/87 Roger Stein - 3 yr. term to expire 12/31/87 (intends to resign 2/1/85) 13. Solid Waste Disposal Appointment - Jan Haugen 14. Hazardous Waste Disposal Appointment - Robert Rascop Moved by Haugen, seconded by Rascop to accept all appointed as assigned. Resolution adopted by Roll Call Vote - 5 ayes. ~ ~ . . MINUTES REGULAR COUNCIL MEETING MON., JANUARY 14, 1985 page three CIGARETTE LICENSES - 1985 RESOLUTION NO. 2-85 Gagne moved, seconded by Stover to grant the 1985 Cigarette Licenses as applied for by: 1. American Legion 2. Driskill's Super Value 3. Howard's Point Marina 4. Minnetonka Country Club 5. Plaza Tom Thumb 6. Snyder Drug 7. Village Pump 8. Skipperette 9. I.C.O. Resolution carried by roll call vote - 5 ayes. 1985 ORGANIZATION APPOINTMENTS RESOLUTION NO. 3-85 See attachment. COUNCIL BREAK 8:15 P.M. - 8:20 P.M. SHOREWOOD OAKS PRELIMINARY PLAT APPROVAL RESOLUTION NO. 4-85 Geoff Martin of Dahlgren Assoc., Tim Phenow, Engineer, and David Johnson, Developer, presented the new plans for their subdivision east of Strawberry Lane and W. 62nd Street. The development will consist of 73 single family homes on an average lot size of 22,000+ square feet which complies with the R-2 zoning of that area. These homes will have individual wells. Haugen inquired if they had tried to obtain municipal water from Chanhassen. Martin said, Chanhassen wanted a formal request from Shorewood before they would consider the request. The ponding areas for the storm water drainage will be agreed on with the Park Commission prior to final plat approval. Gagne m.oved, seconded by Stover to approve the preliminary plat sUbjecF~ to Planner's recommendations and the Engineer's approval of the ~ 8Ktension of their storm water drainage plan to extend to Strawberry Lane. Motion carried by roll call vote - 5 ayes. Engineer also recommended they review their plans for sewer service to accommodate the properties immediately to the east that are currently nonserviceable by sanitary sewer. Developer did agree to consider. PUBLIC HEARING SET - VACATION OF ROAD RESOLUTION NO. 5-85 Attorney Larson advised that a Public Hearing is required in order to vacate a portion of W. 62nd Street that borders the south side of Shorewood Oaks property. Their intention is to include that land in their project by requesting the vacation of that 33 foot strip bordering the Chanhassen line. . . . MINUTES REGULAR COUNCIL MEETING MON. , JANUARY 14, 1985 page four Public Hearing-Vacation of Road, continued: Rascop moved, seconded by Haugen to set a Public Hearing for the purpose of the vacation of a portion of West 62nd Street adjacent to the Shorewood Oaks project, to be held at 8:00 P.M., February 11, 1985, also to be published on January 21st and 28th, 1985. Motion carried unanimously by roll call vote - 5 ayes. CONTROLLED SUBSTANCES ORDINANCE - 1ST READING The Council was presented with a draft ordinance on the use and sale of controlled substances. Chief Young explained the importance of having an ordinance that can deal with offenders when the violation isn't great enough to warrant prosecution by the County Attorney. Gagne moved, seconded by Rascop to accept the 1st reading of the ordinance as altered. Motion carried - 4 ayes, 1 abstain (Shaw). WATERFORD - REQUEST FOR TEMPORARY WATER CONNECTION Robert Mason asked the Council to direct a letter to the City of Minnetonka requesting a temporary water connection to service the Waterford and the Covington Vine Ridge additions for 4 years or 90 homes. At the end of that time the developers will be responsible to service their homes. Rascop will address a letter requesting that Minntonka accept the developer's request and stating the current water policy in effect. PARK ACQUISITION - DAYTON/BRUCE PROPERTY Planner Nielsen informed the Council of the letter from Jim Bruce reducing the purchase price to $100,000. for the property recommended by the Park Commission for Park acquisition. Gagne questioned the sources of revenue for acquiring the property and Nielsen indicated various park fee amounts anticipated from developments and current revenue. {t~ Council directed staff to study the total revenues and return with a report. If funds can be acquired, the Council will recommend an offer of $89,000. for the property. BUDGET AMENDMENTS County Road Aid Gagne moved, seconded by Haugen to amend the 1984 General Fund budget by increasing revenues in the amount of $16,609.05 for Hennepin County Road Aid and increase expense in Street Improvements by the same amount. Motion carried unanimously - 5 ayes. . . . MINUTES REGULAR COUNCIL MEETING MON., JANUARY 14, 1985 page five Budget Amendments, continued: Public Works Reclassification Council discussed the reclassification of the Public Works employee. Council would like further information on fund transfers and total to be transfered at the next Council meeting. Street Improvement -' Project 84-2 Haugen moved, seconded by Rascop to transfer the total balance of the 1984 Street Improvement budget over to the 1985 budget, to payoff the balance due on Project 84-2 that will be completed in 1985. Motion carried - 5 ayes. COMPUTER PURCHASE Finance Director Beck reviewed for the Council the various computer services seen by the staff. Recommendation by staff is to make purchase through Tele-Terminals. Rascop moved, seconded by Gagne to accept the recommendation and purchase equipment from Tele-Terminals and to amend the 1984 Revenue Sharing budget by leaving the money in the fund and approve the expenditure in 1985. Motion carried - 5 ayes. Council requested that the auditing firm, Matthias, Roebke & Maiser itemize their time billed and sign their statements. ATTORNEY REPORTS Cabalka Request A letter was received from Mr. Cabalka's attorney, Mr. Kelly, requesting in writing the Council's action on the Cabalka request. Council directed Attorney Larson to respond to Mr. Kelly's letter. Naegele Sign Litigation Council set a private meeting for January 23rd, 1985 to be held at City Hall at 7:15 P.M. for the purpose of discussing the litigation with the Naegele Sign Company. ENGINEER REPORTS Project #84-5G - Change Order No.1 Engineer Norton recommended to Council to table this until he receives a signed copy from Wangerin, Inc. the recommendation and tabled the Change Order. Change Order No.1 Council accepted Project #84-5 - Payment Voucher No.2 Haugen moved, seconded by Gagne to approve Payment Voucher No. 2 to Kenko, Inc. in the amount of $85,006.90 for work completed in December and to change Payment Voucher No.1 to $157,783.57 as recommended by Engineer Norton after receiving all the final figures on Payment No.1. Motion carried - 5 ayes. (Payment reflects a reduction in payment from $162,171.63 as approved by Council on December 10, 1984.) . MINUTES REGULAR COUNCIL MEETING MON., JANUARY 14, 1985 page six Engineer Reports, continued: Project #84-2 - Payment Voucher No.3 Engineer Norton recommended Payment Voucher No. 3 be paid for work completed by Valley Paving in the amount of $8,375.20 and to amend Payment Voucher No.2 in the amount of $7,421.74 instead of $5,237.05 as approved 12/10/84. Haugen moved, seconded by Gagne to approve Payment No. 3 and amend Payment No. 2 as recommended. Motion carried - 5 ayes. (Final figures on Payment No. 2 changed after receiving all information needed.) Traffic Study Shaw moved, seconded by Gagne to send the traffic study back to OSM to revise the survey to show traffic flows during school hours to indicate a more realistic number of actual usage. Motion carried - 4 ayes, 1 abstain (Stover). ADMINISTRATOR REPORTS . Employee InSurance Recommendations Administrator Vogt reviewed for the Council his memo on Life and Short- Term Disability insurance. He recommended either Ochs Agency (League of Minnesota Cities Insurance Trust) at $13.84 a month per employee with increase of Life Insurance to $10,000., or Corporate Plans and Benefits, Inc., at $13.95 a month for the same coverage. Haugen moved, seconded by Shaw to accept Ochs Agency at $13.84 a month per employee to include $10,000. Life Insurance. Motion carried unanimously - 5 ayes. Water Truck Discussion Council discussed the options in dealing with the damaged water truck due to a broken brakeline. Gagne strongly opposed to returning the truck to the roads because the truck is old enough that it does not have a dual brake system and this kind of accident could happen again. Haugen moved, seconded by Shaw to take the insurance settlement less the $500. deductible and sell the truck for salvage. Motion carried - 5 ayes. Council directed that an ad be placed to sell the truck. Council's Workman's Compensation Coverage Haugen moved, seconded by Rascop to discontinue current Workman's Compensation coverage for Council and budget in 1986 for coverage to completely cover the Council under Workman's Compensation. Motion carried - 3 ayes, 2 nays (Stover and Gagne). Union Contract Council reviewed the final Union contract with stipulations listed in a January 7, 1985 memo from Administrator Vogt. . Gagne moved, seconded by Stover to accept the Union contract agreement including the items listed in the memo dated January 7, 1985. Motion approved - 4 ayes, 1 nay (Rascop). MINUTES REGULAR COUNCIL MEETING MON., JANUARY 14, 1985 page seven . Administrator Reports, continued: Ralph A. Wehle - Permanent Appointment Vogt and Zdrazil recommended permanent appointment to the Public Works Department for Ralph A. Wehle who has completed his six month probation period. Gagne moved, seconded by Haugen to approve the permanent appointment for Ralph Wehle to the Road Department. Motion carried. Discussion - Public Works Director Council discussed the claim that work unrelated to City matters may be happening during a normal work day by Mr. Zdrazil. Council directed the Administrator to inform Mr. Zdrazil that he is to dispose of or sell his equipment in a reasonable amount of time. Council would like to follow up on in six months. MAYOR'S REPORT Appointment of New Attorney Council directed the Administrator to place an ad in the Minneapolis Star<and Tribune accepting resumes until January 25, 1985 for a new City Attorney effective March 15, 1985. The vacancy is due to the appointment of Gary Larson to the County Judicial staff. Notice should also be sent to the State Bar Association and Municipal law firms. . COUNCIL REPORTS Cable Commission Haugen reported on the changes in the by-laws of the Cable Commission developing an Executive Committee that will meet monthly and then the complete Commission will meet 4 times a year. Traffic Study Meeting Haugen has Study Meetings set for January 15, 1985, 7:30 P.M. at Maria Malooley's, Planner will also attend! January 16, 1985, 7:30 P.M. at City Hall, Gagne and Engineer Norton to attend. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne to adjourn the regular Council Meeting of January 14, 1985 at 12:05 A.M. - January 15th, subject to approval of payment of the claims. Motion carried unanimously - 5 ayes. General Funds (Acct.# 00166) Liquor Funds (Acct.# 00174) ~ ft _ _ ~ ~ t4-'"~~ Maya'T Respectfully submitted, . Sandra Kennelly City Clerk