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012588 CC Reg Min . . . , CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 25, 1988 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, January 25, 1988, in the Council Chambers by Mayor Rascop. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the Regular Council meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Haugen (Arrived at 7:35), Stover and Gagne. Staff Froberg, Nielsen, Engineer Norton, Administrator Vogt, Clerk Kennelly and Finance Director Attorney Planner Beck. APPROVAL OF MINUTES Brancel moved, seconded by Stover, to approve the minutes of January 11, 1988, as written. Motion carried - 4 ayes. PLANNING COMMISSION REPORT Stover stated that no meeting has been held since the last Council meeting. PARK COMMISSION REPORT Commissioner Jim Andrus stated that the last meeting was canceled due to bad weather. CONSENT AGENDA Health Officer Appointment (Add to RESOLUTION NO. 1-88) Dr. Elizabeth B. Jerome, M.D. is recommended for appointment as Health Officer for 1988. Lake Minnetonka Cable Commission (Add to RESOLUTION NO. 1-88) Dean Johnson is recommended to be appointed as representative to the Lake Minnetonka Cable Communications Commission. Award Pick-up Purchase - Boyer Ford Quotations were requested for the purchase of a four wheel drive pick-up, as budgeted for in 1988. Staff recommends acceptance of the lowest quote of $14,400.00 to Boyer Ford. -1- MINUTES MONDAY, JANUARY 25, 1988 PAGE TWO CONSENT AGENDA - CONTINUED . Authorize Advertisement for Bids - Used Grader RESOLUTION 7-88 Staff requested a Resolution authorizing advertisement for bids for a used motor grader. Bids to be received and opened at 11:00 A.M. - Friday, February 12, 1988. Board of Review The Board of Review will be held on Thursday, May 5, 1988 at 7:30 P.M. Garbage Collectors License (Add to RESOLUTION NO.3-88 An application for a Garbage Collector's License has been received from Haugen's Haulers Sanitation. Correction of Planning Budget Amendment A memo to correct a budget amendment was received from the Planning Department. Nielsen has requested to use the balance of unexpended funds in his furniture budget of 1987 to be expanded as part of the 1988 budget, in the amount of $538.72. . Gagne moved, seconded by Brancel, to approve the items on the Consent Agenda as requested. Motion carried and Resolutions adopted by Roll Call Vote - 4 ayes. (Haugen arrived at 7:35 P.M.) MWCC PRESENTATION AND DISCUSSION The Council requested the presence of a representative of the MWCC at the Council Meeting to answer questions regarding the high rate charged to Shorewood by the MWCC. . Ray Odde and Don Bloom were present to answer questions of the Council. They submitted a packet of information including; MWCC Cost per resident Gallonage of flows Yearly flows Maintenance activity Cost allocation Summary 5 year rate projection Summary of flow meters Statements of yearly charges AMSA Survey (Charges in areas of the United States) Mr. Odde referred to the various areas served by the MWCC. There is a 5 year program beginning this year to average out the cost to be the same as other cities served by the MWCC. This will not reduce the current rate, it should stay about the same. He reviewed the method of estimating calculations to determine the charges for the upcoming year. This is compared to the meter flow at the end of the year and the cities are charged for the difference, or credited on the next years bill. -2- . . . MINUTES MONDAY, JANUARY 25, 1988 PAGE THREE MWCC PRESENTATION AND DISCUSSION - CONTINUED The City will begin to televise their sewer lines this year. Gagne asked if leaks were found in the MWCC interceptor lines, would they repair them? Mr. Odde stated that MWCC would make the necessary repair. A new line from the Lake Virginia Lift Station will divert a great deal of flow into Chanhassen rather than through Shorewood. Gagne asked if the City was totally watered, would we have a more accurate basis to argue the rate we are charging? Odde felt this would give a more accurate difference between actual use and I & I. He feels there are a great number of connections with floor drains pumping ground water into the system. Odde felt that if foundation drains were disconnected, manhole covers sealed and major cracks repaired this could reduce flows substantially. Council reviewed maintenance records and methods to determine ground drainage. The various methods of sleeving to reduce infiltration were discussed. MWCC has televised their line from the Lake Virginia Lift Station to Excelsior, but Mr. Odde has not seen the video. It was stated that 64% of Shorewood's sewer budget goes directly to MWCC. Local Representative to the MWCC Board JoEllen Hurr was present. Rascop asked if she has seen the report from the State Auditor's office stating the average cost of sewer charges in the State equals one quarter of Shorewoods cost. She has not seen the report but stated that E.P.A. & C.P.A. requirements are much higher in the Metro areas. Gagne suggested that the Auditors report be reviewed by the MWCC and its Board and requested response on the report. Rascop thanked Mr. Odde, Mr. Bloom and Ms. Hurr for their attendance at the Council meeting. Ms. Hurr stated sump pump charge owner can prove years and if an charged for the 2 that the City of Edina charges a $25.00 a quarter as a way to reduce I & I. It will be removed if the that they don't have a pump. It is reinspected in 2 installed seal is broken, the property owner is back years. DENIAL OF BEVERLY DRIVE/CAJED LANE DEAD-END PROJECT Engineer Norton submitted the traffic study for Beverly Drive and Cajed Lane. Chief Young has reviewed the study and supports the studies recommendation which indicates that there is not sufficient traffic to warrant the need to dead-end these streets. Gagne moved, seconded by Beverly Drive and Cajed Lane. Haugen, to deny the dead-end petition for Motion carried - 5 ayes. A resident asked about the long range plan to control traffic in this area. Norton stated that police patrolling will be increased as per the staff recommendation and a traffic plan has been done in that area that designates Cathcart Drive and Strawberry Lane as State Aid streets. This means that these streets may be improved in the future using State Aid funds at such time as the City becomes eligible. -3- MINUTES MONDAY, JANUARY 25, 1988 PAGE FOUR . SKIPPERETTE BUILDING PERMIT Jim Pyle was present to request a Commercial building permit to alter his existing building. Nielsen stated that the permit should be issued to include compliance with the sign Ordinance. Mr. Pyle has agreed to submit a signage plan with his permit. Stover moved, seconded by Gagne, to approve the permit subject to compliance with the sign ordinance and implementation of that plan. Motion carried - 5 ayes. ATTORNEYS REPORT Dock Permit Status - Arvidson . Mike Arvidson was present in response to a 1/19/88 letter from Attorney Froberg requesting the removal of a newly placed dock along Timber Lane. Arvidson is requesting an extension of time to obtain a survey of this property to determine ownership. The County has indicated to him that he is paying taxes on this property where he built a retaining wall for erosion and which is now being used as a dock area. Rascop asked if permits have been obtained from the DNR or the Hinnehaha Creek Watershed District. , Arvidson stated that he didn't feel they were needed for erosion control. The C.ouncil agreed to delay further action until the survey has been submltted. Speed Limits for Snowmobiles on City Authorized Trails RESOLUTION NO. 9-88 The Snowmobile Ordinance requires authorized snowmobile trails be set time. that by speed limits on the Resolution from time to Haugen moved, seconded by Gagne, to set the speed limit at 20 MPH on the authorized trails. Resolution was adopted by Roll Call Vote - 5 ayes. Stover suggested that the Park Commission look at the safety factors of the use of these trails by mortorized vehicles. Meter Use for Nonresidential Sewer Charges RESOLUTION NO. 8-88 Attorney Council requires in order Froberg submitted a draft Resolution as directed by the at the meeting of January 11, 1988. This Resolution the meterlng of nonresidential vroperties for water usage to determine their sewer usage and service charges. Gagne moved, seconded by Brancel, to adopt the Resolution as submitted. Motion carried by Roll Call Vote - 5 ayes. . Administrator Vogt will submit copies of the Resolution to the affected property owners. Litigation Discussion These matters will be discussed in an executive session at the end of this meeting. -4- MINUTES MONDAY, JANUARY 25, 1988 PAGE FIVE . ENGINEERS REPORT S.E. Area Water Supply - Change Over Discussion Engineer Norton reviewed the air pressure problems that residents have been experiencing with the water supply change over from Minnetonka to the Shorewood hydropneumatic system. The pump was designed for a gravity system, not hydropneumatic. The air is not being captured in the tank at this time, so it travels up the water pipes with the water. The residents have had many questions regarding the water quality and system operations. Council directed the Engineer to draft a letter of explanation to be submitted to the affected residents. PLANNERS REPORT Tonka Bay Water Tower Site Status Mr. John Cross of Shorewood has questioned the site of Tonka Bay's proposed water tower. This site is adjacent to Mr. Cross' property and he felt that he should have been notified of this installation. The Administrator from Tonka Bay stated that a public hearing will be held and notices will be sent to the affected property owners. Staff was directed to inform Mr. Cross of this fact. . City Hall Expansion Status A meeting is held each Friday with staff, builder and architect. The completion is 7 days ahead of schedule at this time. A number of items were discussed as future change orders. Nielsen reviewed each of the proposed change orders. Gagne was opposed to the installation of carpeting in the reception area and directed that a contrasting tile be installed if matching tile could not be found. Nielsen felt the change order would total approximately $3,300.00. A complete list of change orders will be prepared and submitted for Council action at the next meeting. ADMINISTRATIVE REPORTS House Sale Discussion The previous sale of the house has been dropped due to the buyer's loss of job. Real estate agents Mark McCurdy and Mark Bartikowski were present to submit a new offer. A buyer has offered $105,000 purchase price with $2,000 earnest money. The total down payment will be $10,000 with a closing date of April 18, 1988 and asks the City to hold a 5 year contract for deed at 10% interest. Council discussed the offer and submitted a counter-offer. . Haugen moved, seconded by Brancel, to deny the offer as submitted. Motion carried. -5- MINUTES MONDAY, JANUARY 25, 1988 PAGE SIX ADMINISTRATIVE REPORTS - CONTINUED . House Sale Discussion - Continued The Council discussed varlations of the offer. Stover moved, seconded by Gagne, to make a counter offer as follows: $5,000 earest money, at a total price of $110,000 with a 5 year contract for deed at 10% interest to be held by the City. Motion carried - 3 ayes - 2 nays {Haugen & Brancel}. Status Report - Glen Road/County Road #19 Drainage Project A project cost and scope of service will be put together by the Watershed Distrlct Engineer. Staff will be meeting with Jim Mahady of the Watershed District when the proposal is complete. They have met with Tonka Bay and they have agreed to pay 10% of the Engineering study costs estimated between $2,000 and $3,000. Liquor Store I Robbery Cash was stolen from the safe at Liquor Store I. The police are working on the case. The City's insurance company will cover the cost over the $250.00 deductable if not recovered. Meeting Attendance . Vogt attended an AMM meeting last Thursday and will be attending another meeting on Tuesday. The Assistant Commissioner of Revenue will talk on new tax proposals for property taxes. The restructuring seems to be aimed at equalizing the tax rates on all residential property. Haugen feels many of the proposed plans are an effort of Minneapolis to reduce Commercial property taxes. Rascop directed Vogt to watch the proposals closely to make sure that reductions don't require limitations as to how the city sets its levy to raise its tax funds. MAYORS REPORT Police Coordinating Meeting A new union contract for 2 years has been agreed upon at a 3 1/2% pay raise for each year with a cap on the employer share of the insurance rate. A new drug program is being established with 5 other cities. The program is being funded by a $75,000 Federal Grant for 1 year. Officer Talbot will be heading this program and has agreed to return to his current position at the end of the 1 year program. . -6- . . . MINUTES MONDAY, JANUARY 25, 1988 PAGE SEVEN MAYORS REPORT - CONTINUED LMCD The LMCD will be reducing their meetings by one less a month. A planning session was held last month. They have received six applications to do their Comprehensive Lake Use Plan. Estimated cost to complete this plan is $250,000.00. No agreement has been made with the City of Minnetrista regarding the boundaries for the proposed Hennepin City Park there. If no agreement can be reached the Met Council may take over negotiations. COUNCIL REPORTS Recycling Stover spoke to Mike Fonte, formerly of the Finance Committee. He has volunteered to replace Pat Gorecki on the recycling or garbage collection committee if needed. Elected Officials Seminar Haugen informed the Council of the Elected Officials Seminar to be held February 5th. Rascop will attend the day sessions and Haugen will attend the evening portion. LITIGATION DISCUSSION - EXECUTIVE SESSION The Council met discuss strategy Bach/Menke versus versus the City. in an Executive Session to review the status and regarding two lawsuits against the City. The the City of Shorewood, et aI, and Loverien, et aI, Haugen moved, seconded by Rascop, to have the City represented by one law firm together with the other cities within the joint powers of the South Lake Minnetonka Public Safety Department regarding the Bach/Menke lawsuit. Motion carried - 5 ayes. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council Meeting of Monday, January 25, 1988 at 10:30 P.M., subject to approval of claims for payment. Motion carried - 5 ayes. General and Liquor Funds - Acct. No. 00-00166-02 General $264,315,04 Liquor $24,651.88 S 5,690.69 $30,342.57 Checks #052267-052346, 052477-052489 Payroll Checklist: Checks #201807-201879 S 23,251.55 $287,566.59 Total RESPECTFULLY SUBMITTED, ;q (~J- Rr~ . , Robert Rascop, Mayor Sandra L. Kennelly, City Clerk -7-