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052388 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MAY 23, 1988 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, May 23, 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, Stover and Gagne. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, Stover seconded, to approve the minutes of the Board of Review of May 5, 1988 as amended to include corrections on page 3. Motion carried - 5 ayes. Brancel moved, seconded by Stover, to approve the minutes of May 9, 1988 as amended. Motion carried - 5 ayes. AMEND AGENDA Rascop amended the Agenda to hear the Park Commission report as item number 2, prior to the matters from the floor. PARK COMMMISSION REPORT Commissioner Gordy Christensen reported on the meeting of May 16, 1988. They met at Manor Park and looked over the new volleyball court, ball field condition, and the newly purchased property. They then returned to City Hall and met with Dave Fisher regarding the use of the BMX track at Freeman Park. Mr. Fisher was present at the Council meeting to make a request to improve and use the BMX track for ABA members. He submitted a packet of information to the Council regarding the operating procedures and the medical and insurance coverages provided. -1- MINUTES - MONDAY, MAY 23, 1988 PAGE 2 . PARK COMMISSION REPORT - continued Christensen moved, seconded by Weatherly, to recommend that the Council approve Mr. Fisher's request to upgrade and operate the BMX track. The Park Commission approved this motion. The Commission recommended the installation of three 8' x 16' sand boxes to be placed in Badger, Cathcart and Manor Parks at an estimated cost of $1,000.00. Christensen, Zdrazil and Niccum attended a demonstration of the Bauer moving sprinkler system. This system could be moved for use in all the parks if water hydrants are available. The unit could be rented or purchased for $5,600.00, an inground system at Freeman Park was estimated at $24,000. Zdrazil would like to look at other systems prior to making a recommendation. The Commission asked that an area between the retaining wall and the tennis court be filled in with blacktop, and that the fence be moved to open up the newly acquired property to the rest of the park. Zdrazil felt that the ballfield can be seeded and repaired by the Public Works Department. Bids on the warming house pavilion will be evaluated by Christensen. . Brancel moved, seconded by Gagne , to authorize the use of the BMX track by Mr. Fisher subject to his replacing the starting gate, preset speakers, providing satellites, $200 escrow deposit, and a $1,000,000 insurance policy with a "hold harmless" to the City provision. Motion carried - 5 ayes. Brancel moved, seconded by Gagne, to authorize the installation of three 8' x 12' sandboxes in the park. Haugen questioned the cost of cleaning the boxes. Haugen moved, seconded by Stover, to table the request to consider the cost of cleaning prior to installation. Motion carried - .3 ayes - 2 nays (Rascop and Gagne). Brancel moved, seconded by Gagne, to authorize the relocation of the fence to the new property line. Motion carried - 5 ayes. V6gt stated that the area between the tennis court and the retaining wall has been fixed. The Shirley Rice Memorial sign has been repaired and reinstalled. The trail crossings in Freeman Park will be completed and Crescent Beach has been cleaned and is ready for operation. MATTERS FROM THE FLOOR . Drainage Problem Dennis Snyder of 5985 Eureka Road was present to ask for the City's help to eliminate a drainage or ponding problem in the rear of his property. This water collects in his back yard from a culvert draining from Seamans Drive. Engineer Norton -2- . . . MINUTES - MONDAY, MAY 23, 1988 PAGE 3 stated that this area is 3' below the new culvert elevation at Eureka Road. The City would have to obtain easements prior to going onto the property to do work. Snyder feels that if he filled his property, it would only move the problem to someone elses property. Council instructed the Engineer to determine the City's responsibility and to return to the Council with additional information. Insurance Claim Mr. Charles Nelson submitted a bill for replacement of his wind- shield. A rock was thrown up from the tire of the loader while traveling out to the islands and hit Mr. Nelson's wind shield. The City's insurance company has turned down the claim stating that the City was not negligent in any way. Mr. Nelson questioned whether the loader is legal for road travel. Haugen moved, seconded by Gagne, to direct the Attorney to check on the legality of road travel by the loader. Motion carried. CONSENT AGENDA City Hall Expansion - Payment Voucher #5 Staff recommends payment of Voucher #5 in the amount of $3,035.25 to Zastrow - Nasset Construction for work done on the City Hall expansion project. City Hall Expansion - Change Order Staff recommends acceptance of Change Order #4 which represents a $540.00 credit to the original estimate cost. C.U.P. Propulsion Enterprises Resolution No. 45-88 A Resolution was submitted for approval granting a C.U.P. to Wayne Warnke and Dick Moore to operate an outdoor sales, outdoor storage and auto repair at 24470 Smithtown Road. C.U.P. for a Planned Unit Development - Bayswood Shops Resolution No.46-88 A Resolution was submitted for approval to grant a C.U.P. for a planned unit development, and general concept plan approval was granted to Dreher Associates for the property located at 5620 and 5660 Manitou Road. -3- . . . MINUTES - MONDAY, MA~ 23, 1988 PAGE 4 1988 - Liquor, Club, Sunday and Non - Intoxication Malt Liquor Resolution No. 47-88 The following licenses were issued effective June I, 1988 to May 31, 1989. On Sale Liquor Sunday Liquor Club On Sale Sunday Liquor On Sale - Non Minnetonka Country Club Sale Minnetonka Country Club American Legion No. 259 Sale American Legion No. 259 - Intoxicating Malt Liquor - Skipperette Water Use and Service Code Amendment Ordinance No. 210 The second draft of the Water Use and Service Code Amendment was submitted to the Council for a second reading and adoption. Freeman Park - Project 87-5 - Payment Voucher No.2 Engineer Norton recommended payment Voucher #2 for payment to Widmer, Inc. in the amount of $34,596.50 for work completed on the Freeman Park project. Gillette Curve - Street Light Request A request has been received from residents of Gillette Curve to install a street light for the end of Gillette Curve. The Conservation Improvement Program Resolution No. 48-88 A Resolution was submitted for approval to authorize an application for grant funding to the Minnesota Department of Public Service Energy Division through West Hennepin Human Services. Gagne moved, seconded by Brancel, to move approval of the items listed on the Consent Agenda including Resolutions 45-88, 46-88, 47-88, 48-88 and Ordinance No. 210. Motion carried by Roll Call Vote - 5 ayes. BILLING INQUIRIES Haugen asked what "Querry" was, Vogt explained that it was software that allows access to obtain data. Council recommended that the office cleaning services be billed on a more timely basis. PRESEN~ATIONOF CERTIFICATE OF RECOGNITION Ros~lla Schmidt presented a Certificate of Recognition to the Council. She also submitted a packet of information on projects done by the South Shore Seniors. Council thanked her for the Certificate. -4- . . . MINUTES - MONDAY, MAY 23, 1988 PAGE 5 FINAL PLAT APPROVAL - MCKINLEY PLACE 4TH ADDITION FINAL PLAT APPROVAL - MCKINLEY PLACE 5TH ADDITION RESOLUTION NO. 49-88 RESOLUTION NO. 50-88 Mike Pflaum and his Engineer, Rich Sathre, were present to address any questions the Council may have regarding their plats. Engtneer Norton has a meeting scheduled for Thursday to discuss the grading plans, building pad locations and easements locations. He stated that a catch basin has already been corrected. Nielsen referred to his Planners' Report of 5-19-88 and stated that his requirements, No.2 and 3, will be incorporated into the development agreement. Park fee schedule has been established, water assessments will remain as charged and spread over the proposed lots and sewer equalization has been assigned. The plat will not be released for filing until the Engineer has accepted the grading plans. Haugen moved, seconded by Gagne, to approve the final plat of McKinley Place 4th Addition at Near Mountain subject to the Engineer and Planners recommendation. Motion carried - 5 ayes by Roll Call Vote. Haugen moved, seconded by Brancel, to approve the final plat of McKinley Place 5th Addition at Near Mountain subject to the Engineers and Planners recommendation. Motion carried - 5 ayes by Roll Call Vote. APPEAL OF JUNK ORDINANCE VIOLATION - 25355 BIRCH BLUFF ROAD Greg Sorenson of 25355 Birch Bluff Road was present to appeal his notice to remove miscellaneous building materials and lumber. He stated that most of the lumber is to be used for fencing, and he applied for a fence permit today. Haugen moved, seconded by Stover, to grant a 30 day extension in order to use this lumber for the fence installation. At the end of 30 days the Council will review the property. Motion carried - 5 ayes. DISCUSSION OF EQUITY SHARING CONCEPT - POLICE BUILDING The Council reviewed the equity sharing concept proposal submitted by the City of Excelsior. They had various disagreements with portions of this proposal. Stover moved, seconded by Gagne, to submit the proposal to the Financial Board for their review and comments. Motion carried - 4 ayes - 1 nay (Rascop). Rascop would like a meeting with Excelsior to review the proposal. -5- MINUTES - MONDAY, MAY 23, 1988 PAGE 6 . PLANNERS REPORT Arvidson Dock/Retaining Wall A letter was received from the watershed district denying the Arvidson dock/retaining wall. This denial supports the City's position of denial. Their denial did not include a time limit for removal. Council would like a time limit placed on the removal by the watershed. Request for Water Extension - Galpin Lake Woods . Jeff Scheonwetter was present to discuss his request for a water extension from the Woodhaven well to his Galpin Lake Woods project. He submitted a letter qated May 20, 1988 stating five requests of the City to consider. Most of the requests differ from current policy. Request No. 4 - oversizing reimbursements and No. 5 - alternative security agreement, have been dealt with to some degree with other developments. Staff did discuss this letter at the staff meeting today. After Council discussion of the items requested, Council directed the staff to make their recommendation and return them to Council for further consideration. Barbara Jo Arens felt that a public hearing should be held again if this issue is to be discussed. She also requested her connection fee be waived. Haugen asked if she was willing to contribute to the cost of the line extension, Arens responded "No". Gagne supports the current policy. ATTORNEYS REPORT Property Line Dispute - Arens/Galpin Lake Woods A letter has been received from Arens Attorney, Mr. Van Putten. He stated that a torrens action is being pursued to determine boundary line. Froberg has spoken to Arens and the developer's Attorney and they stated that their Engineers were going to meet and try to arrive at a boundary line agreeable to both parties. Stover questioned whether the City should have approved the project, Froberg stated that the Development Agreement holds the developer responsible in obtaining all easements. Request for Maintain of Right-of-Way A written request has been received from Jerry and Linda Peterson of 20600 Gordon Road to maintain the right of way between their property at Bayswater Road. They would like to plant bushes and maintain this area in a natural state. Froberg referred to the Resolution No. 155-87 previously passed and also stated that a permit would be needed to plant bushes. . Stover moved, seconded by Haugen, to grant permission to Peterson's to maintain their side of the right-of-way along Bayswater Road. Motion carried - 5 ayes. -6- . . 4It MINUTES - MONDAY, MAY 23, 1988 PAGE 7 Request for Maintain of Riqht-of-Way - Continued Rascop asked that Peterson's letter be sent to the Amesbury West Association for comment. ENGINEERS REPORT Elevated Tower Construction The materials have been dropped off at the site and construction will begin soon. Council asked if a bu:ilding permit has been issued to the City. Norton will check and make sure a permit is issued. FINANCE DIRECTOR REPORT Audit Report Scheduled Beck stated that the audit report will be held Tuesday, May 24, 1988, she questioned whether that Agenda had been changed. Vogt stated that the audit report will begin at 7:30 P.M., but that the meeting will begin at 7:00 P.M. to hear a matter on the Marcus Development project. ADMINISTRATIVE REPORT Secretary/Receptionist Status Vogt has completed interviews and will check out references and will recommend appointment of Wendy Stranik. Meetinqs Scheduled Audit Report - 7:30 P.M. - May 24, 1988 Highway 7/County Road #19 Signal Project 7:30 P.M. - May 25, 1988 Island Sewer 'Cleaning Project to begin, May 24, 1988 Support LMCD and Compo Plan for the Management of Lake Minnetonka Resolution No. 51-88 Rascop feels this is very important to support this Resolution keeping the management of Lake Minnetonka with the LMCD and not the County or the State. Gagne moved, seconded by Haugen, to adopt the Resolution of support as submitted. Motion carried - 5 ayes by Roll Call Vote. Drainage Project - Glen Road/County Road #19 The project study is being finalized, ponding areas and connections of these areas are being reviewed. -7- MINUTES - MONDAY, MAY 23, 1988 PAGE 8 . Council Break 9:20 - 9: 32 P.M. Vogt requested a Council break to confer with the City Attorney. Personnel - Grievance - Complaint Vogt stated that a grievance was filed by one City employee on another employee. A date to discuss the grievance was not agreed upon, so he set a meeting for today. The parties came to no acceptable solution, so it was brought to the Council to hear. Attorney, Sue Stingley, representing Evelyn Beck, asked for a postponement of this discussion until after the audit report. Council chose to hear the grievance. Stingley then asked the procedure. Rascop stated that the grievance would be heard at this open session and if any disciplinary action was to be taken, it would be done in an executive session. The grievance was heard by Council and Beck denied all allegations. Various members of the staff, Sue Niccum, Jean Sorensen, Patti Helgesen and Sandy Kennelly commented on other staff problems with Beck. Council heard lengthy comments and asked questions of all attending staff personnel. . Stover moved to adjourn the Council meeting subject to payment of the bills and to continue this discussion after the audit report, Haugen seconded. Motion failed - 2 ayes (Stover and Haugen) to 3 nays. Continued discussion insued with added complaints and allegations. Froberg stated that the Council should respond to the grievance by taking some type of action. Beck and her Attorney requested time to supply documents. Council granted their request. MAYORS REPORT Mayor reviewed invitation for open house at Springsted,J>~he School Board, and a training session on leadership. COUNCIL REPORTS Haugen attended an AMM meeting on property tax reform. Council directed Nielsen to inspect on the progress of the Meisen house on Shore Road. Ik f, Gagne and Haugen will attend the HighWlY 7/Comty Road #19 signal light meeting on May 24, as well as Vogt. . Brancel submitted a list of expenses on the new computer system. The total cost to date totals $32,531.00, this is more than $10,000 over the budget amendment. Vogt will review and return to Council with additional information. -8- . . . MINUTES - MONDAY, MAY 23, 1988 PAGE 9 COUNCIL REPORTS - CONTINUED Gagne questioned a $120.00 charge from Renner Well for estimating the cost of repairs on three wells. This will be confirmed. Funds are still being held for completion of the repair project on these wells. PERSONNEL - CONTINUED Beck returned with a memo and copies of three time sheets showing overtime hours by an employee. Helgesen questioned relevance to the grievance filed. Council and staff continued to discuss personnel problems. Staff members referred to a previously held meeting where staff complaints and concerns regarding Beck were not settled. Executive Session Tape on executive session is being held at the City Attorney's office. Personnel Disciplinary Action Rascop stated that the Council voted unanimously to fire Evelyn Beck as Finance Director, effective immediately. (Complete tapes of this meeting are on file in the Clerks office.) APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Stover, to adjourn the Regular Council meeting of Monday, May 23, 1988 at 1:05 A.M. (May 24, 1988) subject to approval of claims for payment. Motion carried - 5 ayes. GENERAL AND LIQUOR FUNDS - Acct. No. 00-00166-02 Checks #052999-053121 * *053120 - Payroll Check General $317,441.38 Liquor $ 65,153.85 Payroll Checklist: Checks #202117-202183 * *053120-Payroll $ 21,410.89 $338,852.27 $ 5,766.53 $ 70,920.38 TOTAL RESPECTFULLY SUBMITTED, ~~ Robert Rascop, Ma or Sandra L. Kennelly City Clerk -9-