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111285 CC Reg Min ~ CITY OF SHOREWOOD REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 12, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:32 P.M., Tuesday, November 12, 1985 in the City Hall Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Haugen and Shaw. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, seoonded by Haugen, to approve the minutes of the Regular Council Meeting of October 28, 1985 as corrected. Motion carried unanimously. . PARK COMMISSION REPORT The new member of the Park Commission, Carolyn Squires, reported on the past Commission meeting. The Commission did an on site inspection of the proposed new park by the Waterford project, to determine a plan for that park. WATERFORD BOND DISCUSSION Dick Treptow, representing Springsted Inc., reviewed possible ways to cover the $55,000 cost overrun on the Waterford project. This additional expense of $55,000 excluding the bond, has been levied to special assess- ments against the project. Mr. Treptow explained four methods to cover this overrun: 1. Cover the storage with funds from one of the other city funds. 2. Add to another bond improvement to cover overrun. 3. Issue a separate new bond to cover just the $55,000. 4. Issue a separate bond to ourself with surplus funds from other debt funds. Council asked various questions on when final project cost payments would have to be made and if money will be available to cover bond .payments. They questionedtiheeffect pr(3paymenzts would have on the interest to be earned on the bonds. COUNCIL MINUTES -2- NOVEMBER 12, 1985 . WATERFORD BOND DISCUSSION - continued Shaw moved, seconded by Stover, to instruct the staff and the bonding consultants to draw the necessary papers to issue the city a bond to itself from debt funds. Motion carried - 5 ayes. INCIDENTAL USE OF RIGHT-OF-WAY PERMIT - A.D.S. Doug Coffey of Advertisers Distrubution Services requested the right to use the right-of-way to install newspaper receptacles. The Suburban Newspapers would like to use these tubes as an alternative to the postal service. Council questioned what other services might use these tubes. Mr. Coffey did indicate that other newspapers, magazines, or even city newsletters might make use of their service. Gagne moved, seconded by Shaw, to approve the use of right-of-way in accordance with Ordinance #121. Motion carried - 5 ayes. ENGINEER'S REPORT S.E. Area Water Trunk System Update Boundary surveys and topography surveys are being prepared and soil borings are being taken. Jordan aquafer depth will be checked and all basic drawings will be made. . Gagne asked the proposed completion schedule. Norton felt water would be available by freeze of 1986. ATTORNEY'S REPORT Dog Ordinance Report Attorney Froberg reviewed the City Dog Ordinance and the new State Statute in reference to dog control, as requested by Council. Froberg feels the current City Dog Ordinance does comply with the State statute. Water Rate Discrimination The City does have the right to charge different water rates to customers on different sources of water systems. These charges are to be based on the cost ofsupply~ng that water to the resident. Blood Litigation Mr. Blood is out on bond, with a pre-tri~l date set for December 30, 1985. His property is currently up for sale and the prospective buyer has been informed that the property must be cleaned up. . Murfin Property Mr. Murfin's attorney, Mr. Reutiman informed Froberg that the purchase agreement has been signed by Mr. Murfin but the issue of the oil storage tank removal being his responsibility has been crossed out. Council directed Froberg to replace the removal of the storage tank back into the agreement. COUNCIL MINUTES -3- NOVEMBER 12, 1985 . ATTORNEY'S REPORT Murfin Property - continued A letter has been sent from the Fire Marshall giving Mr. Murfin 30 days to/remove the tanks. If this is not done, it is up to the city to proceed with prosecution on the request of the Fire Marshall. EXECUTiIVE SESSION'if- 8: 45 L., 8 :50 Council excused themselves to discuss the Naegele Litigation ADMINISTRATIVEiREPORTS Shorewood Oaks Water Extension Ray Brandt from Shorewood Oaks is currently drawing up a draft agreement for the extension of water service from the Boulder Bridge Well. Beaver Complaint - Enchanted Island Rascop reported that 6-7 trees a day are being cut down by beavers on Enchanted Island. He would like to see a change in the Trapping Ordinance to allow steel leg traps for this problem. The D.N.R. will not come out and live trap because there is no good area to release the animals due to overpopulation allover the state. Staff will check the possibility of another source of live trapping and removal. . Met Council Task Force - Access on Lake Minnetonka The Task Force is holding a meeting on November 13, 1985 and they have requested cIDmments from the lake cities regarding possible addi- tional lake accesses. Rascop will be representing the LMCD and Vogt will speak on behalf of Shorewood. Council directed Vogt and gave him their opinions to relay to the Task Force. M.W.C.C. Rate Structure Two different to Shorewood. of $44,500 in for a phasing of $13,030 in rate structures were provided, both would mean a savings The "Basic" method would give an immediate large saving 1987. The second method "Recommended" would provide or increasing savings each year with an immediate savings 1987. Council directed Vogt to indicate support of the "Basic" method to the M.W.C.C. Mileage Rate Change and New Holiday Due to the I.R.S. requiring reporting and maintaining recordsbf reimbursement for mileage paid at a rate over 21~ a mile, it has been recommended to reduce mileage payments from the current 22~ a mile to (21~. . COUNCIL MINUTES -4- NOVEMBER 12, 1985 ~ ADMINISTRATIVE REPORTS Mileage Rate Change and New Holiday - continued A new holiday, Martin Luther King Day, will be in effect this year. This holiday will be the 3rd Monday in January for all subsequent years. Haugen questioned whether this holiday could replace a currently observed day. Vogt stated that Columbus Day is the only holiday that the City can have their offices open. He did state that Columbus Day has been provided for in a two year contract for the union employees. Gagne moved, seconded by Stover, to reduce the mileage reimbursement to 21~ a mile, and to approve the 3rd Monday in January for observance of Martin Luther King Day for 1986 and 1987, to be included in the employee policy book. Motion carried - 5 ayes. Liquor Store Public Hearing Due to the loss of revenue in the Liquor Store two out of three years, it is required by law to hold a public hearing to hear comments on the issue of further operation of the stores. This hearing is scheduled for November 25, 1985 in the Council Chambers. MAYOR'S REPORT . Watershed Recommendation Council directed Gagne, as the Watershed District Representative, to strongly state disapproval in their new policies to loosen the regulations on dredging of new werland areas and the creation of new lakeshore. This meeting will be held November 21, 1985 at 8:30 P.M. at the St. Louis Park City Hall. COUNCIL REPORTS Pollution Control Rule Changes A letter was received from Gen Olson requesting support in asking the P.C.A. not to change their rules without the process of a public hearing. Vogt will submit a letter to the P.C.A. supporting the need for public hearings. Snowmobile Ordinance The Park Commission will be reviewing the snowmobile Ordinance for possible revisions. Christmas Lake Association The association met on November 11th and discussed another offer of a lake access site, a better site than the last location. . Police Committee Meeting Shaw and Haugen have continued to attend Police Committee Meetings discussing the terms of a new police contract. They continue to feel that Shorewood should have some control equivalent to its contribution. Haugen felt that the City is continually being treated like the "bad guy" and she is beginning to believe it. cornCIL MEETING -5- NOVEMBER 12, 1985 . COUNCIL REPORTS Police Committee Meeting - continued Due to articles in the paper and various reports from the committee, Gagne feels that within the remaining l~ years of the contract, this city should look at the possibilities of operating its own police department. Because Shorewood has much more growth potential, and the share of the police budget will continue to increase, this will be the only way to have additional control of the funding and the department. instead of having other cities tell us how to spend our money. Possible Local Government Aid Short Falls The city has been informed of the possibility of a short fall of State Aid Funding. Stover suggested that the staff begin looking at ways to cover the loss of these funds. Rascop suggested allocating these funds to special projects that could be dropped if funds are not available, not to plan on it for general operations. Council would like to see some alternative information submitted in January. Water Extension Information Joe Gorecki requested information on the cost to extend water to a pro- posed project on Lake Linden Drive. Council directed the Engineer to update cost figures from previous estimates for that extension. . APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting of November 12, 1985 subject to approval of claims for payment, at 9:52 P.M. Motion carried unanimously - 5 ayes. General Fund Liquor Fund (#00166) (#00174) Checks 31266-31337 Checks 4030- 4110 $ 91,701.45 $ 75,969.18 Respectfully submitted, Mayor Rascop Sandra L. Kennelly City Clerk .