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092688 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SEPTEMBER 26, 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, September 26, 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. Gagne moved, seconded by Brancel to amend the agenda to move item number Il-D-l Status Report of Finance Director Search to after Matters from the Floor also to add a discussion on Metro Waste Control Lift Station construction after the Finance Director report. Motion carried - 5 ayes. ROLL CALL Present: Mayor Rascop, Councilmembers Brancel, Haugen, Stover and Gagne. Staff: Attorney Froberg, Engineer Norton, Administrator Vogt, Planner Nielsen, Clerk Kennelly, Public Works Dir. Zdrazil. APPROVAL OF MINUTES Haugen moved, Gagne seconded, to approve the minutes of September 12, 1988, as amended on page 2. Motion carried - 5 ayes. FINANCE DIRECTOR SEARCH STATUS Jim Brimeyer has had interviews with the Council, staff, John Bridge, and auditor Maiser, he has made calls, sent letters and placed advertisements in order to generate interest in the position. He submitted a short overview of five of the applications received. He will continue to consider new applicants and further check references. He asked to have a time scheduled for interviews. Stover moved, seconded by Haugen to set October 12th at 7:00 P.M. to interview five applicants. Motion carried - 5 ayes. COMPLAINT ON METRO WASTE CONTROL LIFT STATION- LAKE VIRGINIA Mr. Keith B~hmann of Bonestro Engineering was present to represent the Metro Waste Control regarding a complaint on the construction of the Lake Virginia Lift Station. The Council expressed their concerns -1- MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 2 . COMPLAINT ON METRO WASTE CONTROL LIFT STATION - LAKE VIRGINIA that the building permit issued to the Waste Commission was misrepre- sented to the City, it appears that the permit to add to the exist- ing structure has now been demolished and reconstructed. Mr. Bachman reviewed the work done thus far and the proposed work to be com- pleted. He also explained that the above ground work would appear to be a complete replacement but a lot of the existing structure is below ground level. Mr. Fred Stenborg was the man presenting and reviewing the original permission and he was not able to attend this meeting. A complaint was also addressed regarding an open pipe with waste flowing through. The Council questioned the safety and the sanitation issue. The pipe has now been covered with plastic but remains a concern to be further addressed. Dan Bassen an adjacent home owner feels that they have been misled about the building and questioned what other misrepresentations could exist. The installa- tion of pumps that were represented to make less or no more noise than the existing pumps now are a concern. Mr. Bachman stated that six new pumps were to be installed to increase capacity. . The noise issue was a stipulation of the C.U.P. and will have to be complied with. A noise test was taken on the old facility and a new test will be taken on the completion of this station. Mr. Bachman felt the enclosure will be completed this fall which is a year later than what was originally presented. The fence and landscaping were discussed. Mr. Bassen would like the working hours limited. They begin as early as 4:00 am causing problems with the sleep of neighbors and their small children. Administrator Vogt stated that a 7:00am-5:30pm has been required at other work sites. Council directed that Fred Steinburg and Metro Council Representative JoEllen Hurmttend a Council meeting to address this issue. CONSENT AGENDA Water Tower Color Change Order No.2 A Change Order in the amount of $4,631.00 for the color change made on the S.E. Area Water Tower. 1988 Recycling Agreement Resolution No. 102-88 A resolution was submitted for approval of the Solid Waste Management Agreement wi thHennepin County and the City of Shorewood for the calender year 1988. Purchase of Bauer Lawn Sprinkler . Council approved the Park Commissions recommendation to approve the purchase of a Bauer lawn sprinkler at $3,300.00 to be paid from the Park Capital Improvement Fund. -2- 4It 4It 4It MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 3 CONSENT AGENDA - Continued Acceptance of Streets and Utilities - 4th Addition Resolution No. 103-88 Engineer Norton recommended acceptance of the street and utilities within the Westwood 4th addition plat which in- cludes Star Lane. Gagne moved, seconded by Brancel to approve the items on the consent agenda including two resolutions. Motion carried - 5 ayes by Roll Call Vote. SWEETWATER AT NEAR MOUNTAIN 3rd ADDITION FINAL PLAT RESOLUTION NO. 104-88 Planner Nielsen explained that his original report referenced an incorrect plat. The new plat was submitted and a new cover letter sent responding to the Outlot A of wetlands being deeded to the City, he also reviewed changes within the development contract. Gagne moved, seconded by Brancel to approve the final plat of Sweetwater at Near Mountain. Motion carried - 5 ayes by Roll Call Vote. Mr. Pflaum asked for an extension of the construction hours to com- plete installation of the underground utilities this fall. Engineer Norton stated that Lundgren will have their own inspector on sit€ but OSM will have to be present for testing on Saturdays at time and one half. The Council does not support working on Sundays and they would like the request in writing stating the stipulation of their request. TRAPPING COMMITTEE RECOMMENDATIONS Jane Kline read a letter written by Tom Moll representing the Lake Virginia Homeowners Association. They do not support the use of chemical treatment to retard the beavers but would like to legally "live trap" and transport the beavers next year if they continue to be a problem. Ms. Kline offered any assistance they may need and also stated that Jeff Wilde , a wild life biologist, will help to relocate the beavers. PUBLIC HEARING 1989 City Budget Hearing Mayor Rascop opened the 1989 City budget hearing at 8:25 p.m. to receive public comment. Administrator Vogt sutmitted a new cover letter and revised budget sheets generated at the budget study session. Mayor Rascop closed the public portion of the meeting at 8:27 p.m. after asking for public comment and receiving none. Stover moved to recommend a change from a contracted building inspec- tor to a full time inspector, seconded by Gagne stating that this -3- MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 4 . PUBLIC HEARING 1989 City Budget Hearing - Continued would be to the best service for the public. Motion carried - 5 ayes. Council discussed the cost of operators for the cable monitoring of Council meetings. A filing cabinet was missed for the park and recreation area for $200. Administrator Vogt will return the amended budget for final approval at the next Council meeting. Council Break: (8:40 P.M. to 8:45 P.M.) COUNCIL DISCUSSION OF STREET, UTILITIES AND PRV COMPLAINTS Haugen questioned who was responsible for the removal of sealcoating around the manhole covers, lumps are being left on the road that are adhering to the road surface. Public Works Director Zdrazil stated that the contractor is responsible to remove the sealcoating. . Haugen asked if there was a way to notify residents prior to flushing lines. Complaints of rust causing damage to clothing after the lines have been flushed. _he asked if a regular schedule for flushing could be set and notification could be done by newsletter. The question of the need for PRV was addressed. Some residents were told by their plumbers that PRV's are not needed. Engineer Norton is looking at October 7th to start up on the water tower and does not want to switch the water system over until everyone who needs a PRV has it installed. Notices were sent by certified mail to the homes needing the valve. Council would like to see an article put in the local newspapers reminding the residents of the final date to install the PRV. Attorney Froberg felt that a signed release from the homeowners who do not want to install the PRV would eliminate any responsibility to the City. Administrator Vogt will send notices again to those residents that are not hooked up at this time. STATE HIGHWAY 7/COUNTY ROAD 19 LAYOUT APPROVAL RESOLUTION NO. 105-88 A final layout plan for the improvements to Highway 7 around the County Road 19 intersection was submitted for approval. The bids will be let on the project the fall of 1990 with spring of 1991 to begin construction. Gagne moved, seconded by Haugen to accept the plan. Motion carried - 4 ayes - 1 nay (Stover) . -4- ~ ~ . MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 5 COMPARABLE WORTH RESOLUTION NO. 106-88 Administrator Vogt submitted a Comparable Worth study completed by Labor Relations. He reviewed the point system and some of the positions in the study. He recommended that the study be approved without any changes. He did feel that staff will be appealing some of the ratings when an appeal process is developed. The deadline to submit is October 1 without penalty. Administrator Vogt stated that $20,000.00 will cover the raises forall peopl~ b~ing rated higher oyer the next three years of implementation. Council was not in favor of this study and felt that this has taken City government out of the market place. Gagne moved, seconded by Brancel to approve the report and adopt the plan. Motion carried - 3 ayes to 2 nays (Haugen and Rascop) Haugen moved, seconded by Rascop to send a letter with the plan objections to the tying of the Citys hands, feeling it is unfair and questioning the constitutionality. Motion carried - 5 ayes. STAFF REPORTS Attorneys Report Suburban Hennepin Park District Status A hearing was held and the Judge took the matter of the "garbage bill" being unconstitutional under advisement. A negotiation session is set for September 28, 1988. Amesbury West Association Prosecution Criminal complaint was filed this week against Amesbury West Associations mailboxes and lawn mowing. Set Hearing to Accept Delinquent Utilities and Clean Up Certification Resolution No. 107-88 Haugen moved, seconded by Brancel to set a public hearing for October 11, 1988 at 7:30 P.M. to adopt the delinquent utilities and property clean up rolls for certifications. Motion carried - 5 ayes by Roll Call Vote. Authorize the Acquisition by Eminent Domain of Right-of-Way to Widen Wedgewood Drive Resolution No. 108-88 Gagne moved, seconded by Brancel to adopt the resolution as sub- mitted. Motion carried - 5 ayes by Roll Call Vote. -5- MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 6 . STAFF REPORTS - Continued Engineers Report Shady Island Bridge Status Engineer Norton has made applications to the various agencies to install a temporary road around the Shady Island Bridge based on an emergency status. Funding sources are being investigated. Gagne questioned the possibility of patching the bridge and wait for funding for further repair or replacement. Engineer Norton could get no guarantees from the County to increase the weight restrictions. Administrator Vogt spoke to Chuck Weichselbaum regarding being placed on the list for County funding sources. He explained a rating system to determine need. Administrator Vogt also referred to estimated funds that could become available after a census would prove over the 5000 population figure. Gagne moved, seconded by Haugen to proceed with needed permits for the temporary road and to obtain additional information and direction as to what procedure should be followed. Motion carried - 5 ayes. . Planners Report Marcus Development Request Planning Official Nielsen has received a request to install a kerosene pump not previously requested with their C.U.P. Nielsen suggested a location out of the traffic flow pattern. Council directed to have them request a change in their C.U.P. Administrative Report petition for Stop Signs - Vine Hill Road A petition was received from residents in Minnetonka and Shorewood for stop signs to be placed on Vine Hill Road at Hanus Road to control traffic and increase safety for pedestrians. Administrator Vogt stated that a speed zone analysis has been done for this area. Haugen moved, seconded by Stover to accept the petition and table action for a staff report and receipt of the speed study from Minnetonka. Motion carried - 5 ayes. . -6- 4It . . MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 7 STAFF REPORTS Administrative Report - Continued Freeman Park Sign on Hiqhway 7 A request for an additional sign on Highway 7 for the entrance at Freeman Park was made at an estimated cost of $195.75. Brancel moved, seconded by Haugen to authorize the purchase of an additional sign at Freeman Park for added traffic safety. Motion carried - 5 ayes. COUNCIL REPORTS Reappointment of Rascop to LMCD Haugen moved, seconded by Stover to reappoint Robert Rascop to a three year term as Shorewood's representative to the LMCD. Motion carried - 4 ayes - 1 abstaining (Rascop) Metro Waste Control Commission Mayor Rascop reviewed a report from the Metro Waste Commission regarding the sewer charges to be paid by Shorewood in 1989. We will be receiving a credit of over-payment for 1987 of $19,078.00 in 1989. The flow has reduced 7.8% but they will be charging a higher rates due to less water being processed due to the lack of rain. Administrator Vogt contacted Munitech to obtain information on infiltration since the work has been done by Visu-Sewer. The 3rd quarter report was 87' - 5,941,350 gallons, 88' - 2,537,910 gallons, this rate represents a 57% decrease in flow. This information will be forwarded to the Metro Waste in an effort to get the flow charge reduced and allow for additional connections. Metropolitan Municipalities - Request The AMM is fighting the tax bill that was passed as another part of a "garbage bill" and is asking for contributions in their suit. Mayor Rascop moved, seconded by Gagne to contribute $100.00 and in- form them of the suit we have entered into with Minnetrista question- ing the constitutionality of the "garbage bill". Christmas Lake Road Cul-de-Sac A letter was received from Betty Christensen of Brand Circle asking for the reopening of Christmas Lake Road as a through street. Council directed the Attorney to respond to her letter. -7- . . . MINUTES - MONDAY, SEPTEMBER 26, 1988 PAGE 8 COUNCIL REPORTS - Continued Sign Complaint Attorney Froberg was directed to contact Harry Niemala to remove an illegal sign at his Vine Hill Furniture building. Parking Complaint Haugen directed the police to patrol the water tower site for park- ing and littering. Silverwood Park Neighbors of the proposed park are not in favor of the Park Commission plans for that park. They would like improvements delayed for further input. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne to adjourn the regular Council meeting of Monday, September 26, 1988 at 10:22 P.M. subject to approval of claims for payment. Motion carried unanimously - 5 ayes. GENERAL AND LIQUOR FUNDS - ACCT NO. 00-00166-02 Checks # 053787-053871 General $ 138,702.05 Liquor 27,271.93 $ Payroll Checklist: Checks # 202414-202442 $ 3,108.33 $ 9,171.93 Total $ 147,873.98 $ 30,380.26 RESPECTFULLY SUBMITTED, 4d~s~~ Sandra L. Kennelly City Clerk -8-