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112387 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, NOVEMBER 23, 1987 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 p.m., Monday, November 23, 1987 in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE Mayor Rascop opened the Regular Council meeting with the Pledge of Allegiance and a Prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Stover, Gagne, Brancel and Haugen. Staff Attorney Froberg, Engineer Norton, Planner Nielsen, Administrator Vogt and Clerk Kennelly. APPROVAL OF MINUTES Brancel moved, seconded by Gagne, to approve the minutes of the Regular Council Meeting of November 9, 1987 as amended to include corrections on pages 4, 5 and 6. Motion carried - 5 ayes. Brancel Special motion. moved, seconded by Rascop, to approve the minutes of the meeting of November 4, 1987 as amended to include vote on the Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover will report on the Planning Commission action as the items are discussed on the agenda. PARK COMMISSION REPORT Commissioner Vogel reported on the last Park Commission meeting. He asked for a break down of costs for the installation of the parking lot and additional soft-ball field. Engineer Norton presented plans and specifications of a revised grading plan for Freeman Park that included ball fields, soccer field, hockey and free skating rinks, parking lot and trails. Vogt felt that some of the clearing and grubbing for the trail could be done by the Public Works Department to lower the estimated cost. Haugen moved, specifications opening date Motion carried seconded by and to authorize of December 14, - 5 ayes. Brancel, to accept the plans and the advertisement for bids with a bid 1987, as recommended by the Engineer. fl- MINUTES NOVEMBER 23, 1987 PAGE TWO . PARK COMMISSION REPORT - CONTINUED The Commission would like to extend the warming house hours during Christmas vacation, to 9:30 p.m. and 12:30 p.m. on New Years Eve at the Cathcart rink. Brancel moved, seconded by Gagne, to extend the warming house hours as requested. Motion carried - 5 ayes. The Architect that signed the plans for Manor Park warming house/pavilion has not submitted the specifications as requested. The Commission asked to have Vogt obtain three estimates from architects for specifications and bid documents. They would also like to see a total cost of all proposed improvements for all the parks. They want information on levying funds in order to totally complete the parks, this would require a referendum vote. This information could be completed and brought to a vote by next Novembers election. Administrator Vogt is continuing talks with Robert Walz regarding the acquisition of land to be added to Manor Park. The Park Commission has agreed to acquire less land at a lower price in order to leave Mr. Walz sufficient land to divide the balance of his property into two lots. CONSENT AGENDA . Haugen moved, seconded by Gagne, removing item 5E - Budget Amendments. to amend the Consent Agenda by Motion carried - 5 ayes. SWEETWATER SECOND ADDITION - GRADING PLANS Engineer Norton recommends approval of the grading permit for Sweetwater Second, after reviewing the plans submitted. EMPLOYEE HEALTH INSURNACE FOR 1988 RESOLUTION NO.153-87 Administrator Vogt recommends adoption of a Resolution to participate in LOGIS and authorizing the Mayor and Clerk to execute an agreement to continue health coverages with Med Centers Health Plan and Physicians of Minnesota. PERMANENT APPOINTMENT - JEAN SORENSEN Vogt and Beck recommend permanent appointment of Jean Sorensen as she has completed her six months probation period. TITLE CHANGE - BOOKKEEPER TO SR. ACCOUNTING CLERK Vogt and Beck recommended a title change from Bookkeeper to Sr. Accounting Clerk to be consistant with the Stanton report. . -2- MINUTES NOVEMBER 23, 1987 PAGE THREE . CONSENT AGENDA - CONTINUED APPROVAL OF STREET LIGHT INSTALLATION - COVINGTON COURT A request has been received to install street lights on Covington Court. Haugen moved, seconded by Stover, to approve the items on the Consent Agenda including the Resolution as requested. Motion carried - 5 ayes by Roll Call Vote. COMBINATION/SIMPLE SUBDIVISION AND VARIANCE 22230 MURRAY STREET RESOLUTION NO.154-87 . John Sayer of 22230 Murray Street was present to explain his request for combination and subdivision of his property. He currently has three (3) parcels of property which are accessed by an easement off of Murray Street. He would like to combine the north parcel and the north half of his residence lot into one lot. The second lot to contain the southerly half of the residence lot and another lot adjacent to it. A variance is needed for the southern lot because it will not have road frontage. An agreement has been made with the City of Chanhassen for a easement to Koehnen Circle for the purpose of access and necessary utility service. All conditions for this division have been set forth by Shorewood and Chanhassen in a written agreement which will be attached to the Resolution approving the division. Froberg reviewed the agreement stating any necessary changes to be made and recommended acceptance of the Resolution. Mr. Sayer Woodhaven utilities under the asked if water service could be brought in from the well. Froberg stated that the City could bring in if it chose to do so but they would not be required to development agreement. Gagne moved, seconded by Stover, to approve the combination and division and the variance subject to the amended development agreement. Motion carried by Roll Call Vote - 5 ayes. REVIEW OF N.S.P. FRANCHISE RENEWAL AGREEMENT . Mr. Marlow Peterson and Mr. Jim Reagan were present to request renewal of the Franchise agreement with N.S.P. Attorney Froberg has reviewed the Ordinance with Peterson and Reagan. Froberg had concerns on the wording of various sections that could cost the City a great deal of expense to relocate lines due to new development. He also had questions regarding definition of terms and what effect that might have on the City. Engineer Norton also commented on the possible costs of relocation of lines due to major road improvement that could happen when the City reaches 5000 population figure and acquires a great deal more road aid funds. Mr. Peterson and Mr. Reagan assured the Council that N.S.P. would relocate the lines at no cost due to major road improvements but would pro-rate any additional changes over a 30 year life expectancy on those same roads. -3- MINUTES NOVEMBER 23, 1987 PAGE FOUR . REVIEW OF N.S.P. FRANCHISE RENEWAL AGREEMENT - CONTINUED Gagne asked why there had been a long delay in installing street lights that were requested by Council. Peterson stated that it was an oversight and that all requests should be handled within 30 days. He will also be receiving copies of work orders in the future. Haugen moved to amend portions of Section 2, Subd. 1 and Subd. 2 after further amendments were added by Froberg. No second to the motion was made, the motion died for the lack of a second. Mr. Reagan asked to have the Ordinance tabled to work out amendments with Froberg. Haugen moved, seconded by Brancel, to table action on this Ordinance. Motion carried - 5 ayes. INFORMAL DISCUSSION ON ACCESSORY BUILDINGS . Mr. Michael Vredenburg of 25655 Smithtown Road was present to request an extension of time to remove 3 existing sheds on his property. The removal of these sheds were a condition of a development agreement due to a previous subdivision. The previous owner Jim Heiland, should have removed the sheds prior to selling the property. Now, Mr. Vredenburg is unable to close on his newly constructed house until he complies with the development agreement. Nielsen stated that he could retain 1000 square feet space or request a public hearing for a variance of accessory space. He feels the public hearing procedure would take too much time. Attorney Froberg does not feel the Council can take any action until a public hearing is held. They feel that Mr. Vredenburg should have been made aware of the requirement to remove the sheds at the time of purchase. SEWER AND WATER BUDGET APPROVAL Stover stated that the Financial Advisory Board has reviewed the sewer and water budgets and have made recommendations regarding those budgets. Financial Director Beck reviewed the water budget. There is no proposed increase in water charges. The revenues have increased enough to cover expenditures. The depreciation is not shown in either the water or the sewer budget. The Financial Advisory Board feel this depreciation should be incooperated into this budget even if it shows the fund in the "red". Beck stated that more detailed budgets will be in place for next year. . The sewer budget was reviewed. Large increases in expenditures were due to sewer televising and MWCC charges, 64% of this budget is paid to MWCC. The Financial Advisory Board has recommended an increase in sewer rates to $49.75, this will not put the budget in the black. A break even point would require an increase to $56.75 a quarter. The Financial Advisory Board is hoping to obtain lo~er bids t6 reduce ~the cost of 'televising the sewer lines. -4- . . . MINUTES NOVEMBER 23, 1987 PAGE FIVE SEWER AND WATER BUDGET APPROVAL - CONTINUED Gagne moved, seconded by Haugen, to make a rate increase to $56.75 for discussion. Motion was removed after further discussion. Gagne moved, seconded by Stover, to approve the water budget as submitted. Motion carried - 5 ayes. Gagne moved, seconded by Haugen, to approve the Sewer budget as submitted. Motion carried - 5 ayes. SEWER RATE INCREASE - 1988 Gagne moved, seconded by Haugen, to approve a sewer rate increase to $56.75 a quarter effective January 1, 1988. Motion carried - 3 ayes - 2 nays (Brancel and Stover). BUDGET AMENDMENT - PURCHASE OF COMPUTER HARDWARE AND SOFTWARE Financial Director Beck explained that she had been looking for software in the financial area. Software had been ordered for accounts payable and was returned because of problems. She then checked with New World Systems and found a program that works on the System 36. This system would allow connections between the existing equipment. Lance Rossell of IBM was present to explain the features of this system. Vogt recommended a budget amendment be considered at the December 14th Council meeting for this purchase. Haugen budget 5 ayes. moved, seconded by Gagne, to support the presentation of the amendment for the purchase of the System 36. Motion carried - ATTORNEYS REPORT Galpin Lake Woods - Development Letter Attorney Froberg sent a letter to the developers of Galpin Lake Woods requesting the termination of trespassing on Arens property in order to access their new development. Arens requested that a copy of this letter be sent to Moores and the listing agents. Update - Sale of House The closing date has been changed to January 25, 1988 due to the new owners not returning to this Country until then. An "as is" addendum has been added to the agreement. Council directed staff to ask for a discount on the payoff of the contract for deed. -5- . . . MINUTES NOVEMBER 23, 1987 PAGE SIX ATTORNEYS REPORT - CONTINUED Policy on Maintenance of Public Road Right of Way RESOLUTION NO.155-87 Attorney Froberg submitted a draft Resolution and made an amendment to the wording. Stover moved, seconded by Brancel, to adopt the amended Resolution. Motion carried 4 ayes - 1 nay by Roll Call Vote. Policy for Placement of Mailboxes in Public Riqht of Way RESOLUTION NO.156-87 Froberg reveiwed the draft Resolution and amended Sec.2 Subd.C. Stover moved, seconded by Brancel, to adopt the Resolution as amended. Motion carried - 5 ayes as amended. Motion carried - 5 ayes by Roll Call Vote. Gagne moved, seconded by Stover, to direct a letter to be sent with the new Resolution to Amesbury West to move their mailboxes within 30 days. Motion carried - 5 ayes. Stover moved, Amesbury West right-of-way on 5 ayes. seconded by Brancel to direct a letter to be sent to Association directing to stop maintaining the the west side of Bayswater Road. Motion carried - City Hall Expansion Agreement with EOS RESOLUTION NO.157-87 Gagne moved, seconded to execute a standard Architect for the City ayes by Roll Call Vote. by Rascop, to authorize the Mayor and Clerk form agreement between the City and EOS as Hall Expansion project. Motion carried - 5 ENGINEERS REPORT Water Tower Site The excavation for the S.E. Area Watertower has begun. ADMINISTRATORS REPORT Glen Road Drainage Status Report Vogt reported that Tonka Bay would make a contribution to the project if benefit to their residents can be proven. The Watershed tabled action until they could determine were funds could be obtained. Mr. Ecoff offered $2,000.00 toward the project costs. The Watershed did not accept the offer because they were not sure if they could accept the money. -6- . . . MINUTES NOVEMBER 23, 1987 PAGE SEVEN ADMINISTRATORS REPORT - CONTINUED MnDOT Meeting There will be a meeting held on November 25, 1987 to discuss the stop light at Highway 7 and County Road 19. Financial Consultants Response to Interest Request The Cities financial consultants, Springsted, reviewed a request from Mr. Mason regarding interest accrued on the Waterford Improvement assessment. Rascop directed that a letter supporting the interest reimbursement original bond total. letter be sent to Mr. Mason with Springsted Council's denial of payment of additional beyond the original credit given within the Gagne moved, seconded by Stover, supporting Rascop's direction. Motion carried - 5 ayes. PLANNERS REPORT Office Expansion Review Nielsen stated that State Code requires a minimum of four (4) lavatory fixtures for City Hall. The current structure requires three (3) fixtures and currently does not meet code. The added fixtures are not in the current bid nor is the necessity to sheet rock the walls in the basement if that is to be used. The estimate cost of these add on's is $11,300.00. Nielsen is recommending that these costs be added in the 1989 budget. Council feels the building should meet code but should also meet the budget restraints set. Vogt will discuss alternatives with Mr. Ruehl of EOS. Amesbury Water Problem - Dead End Line Mayor Rascop met with Mr. and Mrs. Berman regarding a "dirty" water problem they are having caused by being on the dead-end of a water line. Eningeer Norton reviewed four various methods that would correct this problem. Council directed the Engineer to obtain cost estimates for looping the line, a 6" line with a hydrant and a line with a 4" hydrant. MAYORS REPORT Mayors Meeting A Mayors meeting will be held on December 19, 1987 at the Minnetonka Community Center. -7- . . . MINUTES NOVEMBER 23, 1987 PAGE EIGHT MAYORS REPORT - CONTINUED LMCD The LMCD will continue to discuss the legislative package. Rascop also stated that the candidate selection for the directors position has been reduced to two. COUNCIL REPORTS Water Shut Off Policy Gagne asked if Country Kitchen had paid their bill and if not when will their water be shut-off. The policy will go into effect after the next billing period. Financial Advisorv Board Recommendations The Financial Advisory Board has recommended that the Finance Director attend all the Council meetings in the future. They were questioning the large budget amendments proposed. Rascop and Haugen feel that Vogt is the Treasurer and is financially responsible and is able to supply the necessary information to the Council when needed. Gagne moved, seconded by Stover, to support the Financial Advisory Boards recommendation to have the Financial Director attend the Council meetings in the future. Motion carried - 5 ayes. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by meeting of Monday, November approval of claims for payment. Brancel, to adjourn the Regular Council 23, 1987, at 10:55 p.m. subject to Motion carried - 5 ayes. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 General Liquor Checks #051836-051955 $256,900.17 $45,189.95 Payroll Checklist: Checks #201666-201693 Total $ 8,366.86 $265,267.03 $ 2,796.33 $47,986.28 RESPECTFULLY SUBMITTED, Robert Rascop Mayor Sandra L. Kennelly City Clerk SK/slq -8-