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022288 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 22, 1988 MINNEWASHTA SCHOOL 26350 SMITHTOWN 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, February 22, 1988, 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 Haugen, Gagne and Brancel. Absent Councilmember Stover (Vacation). Staff Attorney Froberg, Engineer Norton, Administrator Vogt, Financial Director Beck and Deputy Clerk Niccum. APPROVAL OF MINUTES Gagne moved, seconded by Brancel, to approve the minutes of the Regular Council Meeting of February 8, 1988 as amended on pages three and six. Motion carried - 4 ayes. MATTERS FROM THE FLOOR Mr. Rick Dyer of 6070 Brand Circle was present to state that despite promises to have the Christmas Lake Road/Christmas Lane cul-de-sac installed in July of 1987, nothing has been done. He referred to the video tape presented to the Council saying the same problems still exists and his children are being endangered. He stated that the same garbage trucks are still creating the same problem, as well as City plows turning around in Mrs. Clark's driveway on Mill Street and creating a traffic hazard. Gagne said the cul-de-sac was not completed in July due to the fact that it takes time to put in a street properly, and that several property ownership problems had appeared making it impossible to do the work before weather prevented completion. He also said he would talk to Public Works Director about the snowplow problem. Council requested a report from staff by the March 14th meeting. They also requested that Police Chief Young be asked to attend that meeting to discuss the issue. PLANNING COMMISSION REPORT There was no Planning Commission report. -1- MINUTES MONDAY, FEBRUARY 22, 1988 PAGE TWO . PARK COMMISSION REPORT Chairman Vogel was present to report: The Commission is turning down Mr. Frank Reese's Architectural proposal on the Manor Park Warming House/Pavilion. The Commission still hopes to build some type of structure in Manor Park. Vogel stated that $40,000.00 is approximately one-half of the total Park Capital Improvement Fund and the Commission does not feel they can justify spending that much money, especially for indoor plumbing when it will only be in use 2 months of the year and there will still be an additional 10 month sattelite cost. He said they are talking to Sussell about a garage style building. Vogel said they are still having snowmobile problems, Niccum will contact the Southwest Trail Association for suggestions on how to deal with the problem. . Vogel said the Commission is still looking for a monthly financial report with enough of a breakdown to use in figuring their potential bond referendum. According to Finance Director Beck, in order to provide the information requested in the detail requested by the Commission, it would have to be taken from individual timesheets because this information is not available from the computer, consequently time spent in doing so would be charged to the Parks. Mayor Rascop suggested that staff meet with the Commission to discuss the issue. Administrator Vogt said plans have already been made to do so at the March 21st meeting. CONSENT AGENDA Purchase of Used Hydraulic Articulated Motor Grader RESOLUTION NO.12-88 Staff recommends the purchase of a grader from Ziegler, Inc. at a cost of $42,000.00. Proclamation of Volunteers of America Week RESOLUTION NO.13-88 Staff recommends proclaiming a week in March as Volunteers of America Week, as done in previous years. Correction to Minutes Correction of November 23, 1987 minutes - Sewer and Water Budget Approval - paragraph 2, line 3. Request to Pass Out Candy for the Mentally Retarded by Knights of Columbus . The Knights of Columbus Council #5268 requested permission to hand out Tootsie Rolls at Driskill's April 22-24, and ask for donations. Gagne moved, seconded by Haugen, to approve the Consent Agenda. Motion carried by Roll Call Vote - 4/0. -2- . . . MINUTES MONDAY, FEBRUARY 22, 1988 PAGE THREE PUBLIC HEARING PROPOSED USED OF BLOCK GRANT PROGRAM YEAR XIV COMMUNITY DEVELOPMENT RESOLUTION NO.14-88 Mayor Rascop opened the Public Hearing at 7:45 p.m. Two members of the Senior Community Services were present to explain what they do and to thank the Council for their consideration. Haugen asked them about a daily outreach program, saying she hoped the "mature adults" in Shorewood had this service. Administrator Vogt explained Rehabilitation of Private Property, how its being used, the need for it, and how it benefits the City. Mayor Rascop closed the Public Hearing at 7:50 p.m. Gagne moved, seconded by Haugen, to approve use of the $19,177.00 Year XIV Urban Hennepin County Community Development Block Grant Planning allocation for Rehabilitation of Private Property ($13,689.00) and operations at the South Shore Senior Center ($5,488.00). Motion carried by Roll Call Vote - 4/0. WEIGHT RESTRICTION ORDINANCE PROPOSED CODE AMENDMENT ORDINANCE NO.205 Administrator Vogt said the proposed code amendment has been discussed with Attorney Froberg, Engineer Norton, Public Works Director Zdrazil, and Planner Nielsen. All the streets have been reviewed and staff recommends approval. Haugen moved, seconded by Brancel, to dispense with the second reading and to adopt the 1st draft of the Ordinance amending Section 801.09 of the Shorewood City Code imposing seasonal weight restr ictions upon the use of streets and highways wi thin the City, thus exempting the specifically listed streets from the 4 ton limit and giving them a 6 ton limit from March 1 to May 1. All remaining streets remain at 4 tons. Motion carried by Roll Call Vote - 4/0. FINDINGS OF FACT - CONDITIONAL USE PERMIT DENIAL ROY AHERN - 5540 SHORE ROAD RESOLUTION NO.15-88 Gagne moved, seconded by Brancel, to approve the Resolution denying a Conditional Use Permit for the construction of a private residence on Lot 11 with the following changes: Paragraph 4 - line 2 - strike (s) after application Findings of Fact 1, - line 4 -...that Lot 11 (is) therefore, would fall under the classification of a "substandard lot." Motion carried by Roll Call Vote - 4/0. -3- MINUTES MONDAY, FEBRUARY 22, 1988 PAGE FOUR . ATTORNEYS REPORT Bayswater Road Mailboxes - Status Report A letter was sent to the residents explaining the amendment to the Ordinance. This provides the Council the right to make exceptions to the code under certain circumstances. Village Pump A letter was sent to the owner regarding the zoning violation regarding outdoor storage. Froberg was contacted by the owners Attorney who stated they have received an offer for the purchase of the property and are asking for an extension of a few days. Haugen moved, seconded by Brancel, that the City Attorney commence legal action to enforce the Ordinance if the items illegally stored outdoors are not removed by February 27th which is the date given in Attorney Froberg's notice to remove. Motion carried by Roll Call Vote - 4/0. Metropolitan Waste Control Commission . A meeting has been scheduled for Tuesday, March 1, 1988 at the Metro Waste Control Commission at Ray Odde's request. Staff members will be present. Mr. Odde's main positions that the portion of the sewer system that is constituted by the MWCC interceptor is not the cause of the inflow and infiltration and feels the T.V. tapes will bear this out. He would like to see similar tapes of our lines, especially the Islands. Engineer Norton said it would be difficult to duplicate MWCC's information as all their lines have been televised and individual monitors were used on manholes. Council considered asking MWCC if we can televise some of their lines. Haugen asked if the fact that MWCC freely admitted at the time of the I & I study that 50.2% was due to I & I, much of it in the area of the interceptors would make a difference. Gagne asked about getting bids for cleaning and televising. Administrator Vogt said cleaning and televising can't be done until its warmer but that information is being gathered to obtain bids. Council discussed the City's legal rights. Attorney Froberg said this would not become an issue unless litigation began. PLANNERS REPORT Arvidson Dock - Status Report Administrator Vogt said staff talked to the surveyor today and the survey was to be picked up today. . Mr. Arvidson presented the survey to the Council and explained where his property is. He will take the survey to the Watershed District to apply for repairing the retaining wall and rip-rapping. He also presented the Attorney's disortation rights showing the City's easement and that it was originally deeded to Excelsior Township. _A_ MINUTES MONDAY, FEBRUARY 22, 1988 PAGE FIVE ENGINEERS REPORT ADMINISTRATIVE REPORT . Glen Road/Countv Road 19 Drainage Proiect Administrator Vogt said the Board of Managers from the Minnehaha Creek Watershed District met on February 18th to discuss the Feasibility Report work plan. It was approved. The Watershed District Engineer Jim Mahady will meet with the Cities in the next week to discuss financing the feasibility study. The City of Tonka Bay, a private property owner, and the City of Shorewood have all agreed to pay a portion of the costs. The total work plan budget estimate came to $6,064.00. Gagne stated he had received a letter dated February 17 stating that the Minnehaha Watershed District, due to budget limitations, the Board of Managers will not review proposals from municipalities for cost sharing of maintenance and repair projects. This will not affect the Glen Road/County Road 19 project. Request to Participate in Program to Provide Energy Conservation Services to Residents - West Hennepin Human Services Administrator Vogt said the City's participation consists of getting word out that it's available. He recommended using H.U.D. Section 8 guidelines. He said in Tonka Bay 50 out of 600 homes were done. . Haugen Program Section - 4/0. moved, seconded by Gagne, to approve participation in the to Provide Energy Conservation Services to residents using 8 low income Guidelines. Motion carried by Roll Call Vote Cable Program Vogt explained he had been approached to participate in a cable program with City Administrators and Managers to discuss recent Council actions, Agenda's, and toward the end of the program a discussion on a general issue that involves all the cities. The Council suggested he participate. March 14 Council Meeting Vogt informed the Council that staff is moving into the addition tomorrow and the next meeting will be held at City Hall. Excelsior Fire Contract RESOLUTION NO.16-88 . Vogt explained policies, and It must then Association. $37,776.00. a is be He 2% tax is reimbursed paid to said in collected on all Homeowners insurance to cities that have Fire Departments. the treasurer of the Fire Relief 1987 the Excelsior Department received A Financial Association. Marshall. Gagne moved, seconded by Brancel, contract. Motion carried 4/0. -5- statement has been requested from the Fire Relief Council also discussed the hiring of a full time Fire to approve signing the 1988 fire MINUTES MONDAY, FEBRUARY 22, 1988 PAGE SIX . COUNCIL REPORTS Office Supplies Brancel stated that she feels too much is being spent on office supplies, $6,000.00 a year. She would like to see the purchase order numbers included on the check lists. Council asked Vogt about this and he said he usually reviews the orders and did not feel spending was excess, and that items purchased had been budgeted for. Purchase Orders are supplied with bills. Hennepin Countv Legislative Bill - Planning & Zoning Act Haugen asked regarding the suggested the Administrator Orono. if the Council had looked over Gen Hennepin County Legislative Bill. Council review the letter carefully. Vogt to discuss the bill with Mark Olson's letter Mayor Rascop And to direct Bernhardson of Equipment Loaning to Other Cities Gagne discussed loaning out expensive equipment to other cities, saying the City spent $423,000.00 on equipment in 1984-88. He was concerned and asked that this item be placed on the next agenda. . MAYORS REPORT Metropolitan Waste Control Commission Meeting A meeting will be held on the improvement of accuracy to measure wastewater control. Public Hearing and Handling Water Resource Management for . Sewage Treatment A meeting will be held in Eden Prairie on February 24. Planning and Zoning Act The Mayor expressed concern over the sponsors intrepretation of this bill. Police Building . The Council expressed concern over the lack of communication from Excelsior regarding the police building. The cost is at the max. One concern is the two car garage with other cars left outside and the need to remove everything from those cars. An equity sharing agreement has not been discussed. Administrator Vogt said Tonka Bay's Administrator and Excelsior's City Manager, along with himself, are meeting Wednesday to discuss equity sharing. He also said that both he and Tonka Bay's Administrator, have made it very clear to Excelsior that they expect equity if they decide to pull out he said they don't feel they should pay 50% of the building and when the contract is done, have nothing. -6- MINUTES MONDAY, FEBRUARY 22, 1988 PAGE SEVEN . MAYORS REPORT - CONTINUED Police Building - continued Mayor Rascop mentioned addressing the Council. attending an Excelsior Council Meeting and He also suggested talking to Chief Young. Regional Transit Board Meeting Rascop asked Haugen, as representative to this Commission, if she had received a letter, she did. Grants and Special Proiects - Olympics A letter was received requesting support for the Summer Olympics in 1996 in Minneapolis-St. Paul. Council will study the material and discuss it at a later date. LMCD Rascop reported that the LMCD is trying to set up a meeting with Metropolitan Council. Televising Appearance Mayor Rascop will appear on television Thursday, April 4, 1988, at . 6:30 p.m., on Channel 20. ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting of Monday, February 22, 1988 at 9:02 p.m., subject to approval of claims for payment. Motion carried - 4/0. GENERAL AND LIQUOR FUNDS - ACCT. NO. 00-00166-02 Checks 1052435-052476, 052490-052550 General $ 94,621.94 Liquor $28,174.52 Payroll Checklist: Checks 1201916-201950 Total $ 10,619.78 $105,241.72 $ 2,804.02 $30,978.54 RESPECTFULLY SUBMITTED, . e !? tlerN:ascop ~ Mayor Susan Niccum Deputy Clerk . .) -7-