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041089 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, APRIL 10, 1989 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES CALL TO ORDFR The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., April 10, 1989, in the Council Chambers by Mayor Haugen. PLEDGE OF ALLEGIANCE Mayor Haugen opened the Regular Council meeting with the Pledge of Allegiance. ROLL CALL Present: Mayor Haugen, Councilmembers Brancel, Watten, Stover and Gagne. Staff: Attorney Froberg, Engineer Norton, Planner Nielsen Rnd Clerk Kennelly. . APPROVAL OF MINUTES Brancel moved, Gagne seconded, to approve the Regular Council meeting minutes of March 27, 1989, as amended. Motion carried - 5 ayes. Stover moved, Gagne seconded, to approve the Special Council meeting minutes of April 3, 1989, as written. Motion carried - 4 ayes, 1 abstained (Brancel). COMMISSION REPORT Plannino Commission The Planning Commission reviewed a proposed rental ordinance aDd approved the concept, They would like to review again after the Council and the ~taff have made their recommended changes. CONSENT AGENDA Grant 1989 Weed Spraying Contract A proposal for the 1989 weed spraying was received from Mahoney Homes Services Inc. in the amount of $2,590. Public Works Director Zdrazil has recommended acceptance of the bid which is within the budgeted figures. . Stover moved~ seconded by Gagne, to approve the Consent Agenda item, weed spraying contract. Motion carried - 5 ayes. -1- MINUTES - MONDAY, APRIL 10, 1989 PAGE 2 . APPOINTMENT OF CITY ADMINISTRATOR AND EMPLOYMENT AGREEMENT RESOLUTION NO.31-89 Attorney Froberg reviewed the employment agreement for the Council. Council made some changes and clarifications to the agreement. Stover moved, seconded by Gagne,to appoint Larry Whittaker as City Administrator effective April 17, 1989 and approve the employment agreement as amended. Motion carried by Roll Call Vote - 5 ayes. COMPARABLE WORTH UPDATE Mr. Jim Schultz reviewed his progress report on the comparable worth study, dated April 2, 1989. The job match used previously was not adequate and he supports considering the subscription to the MAMA study that includes 10,000 employees to match rather than to the twenty positions as used in the study. . The State has been satisfied with the study that has been submitted. There is no time limit to submit an amended study nor is there a maintenance schedule in place. Mayor Haugen expressed concerns of the added expense in joining the MAMA group. Funds would have to come out of the general fund balance, she does not want this balance reduced below the auditors recommended balance. Mr. Schultz will proceed with the study. He felt the MAMA job match would be a good tool to administer salaries. The Council will have time to consider funding sources. STRAWBERRY FIELDS 2ND ADDITION - FINAL PLAT AND DEVELOPMENT AGREEMENT RESOLUTION NO.32-89 Nanci Strickland-Balogh was present to request final plat approval for Strawberry Fields 2nd Addition. Stover moved, seconded by Watten, to approve the final plat and development agreement for Strawberry Fields 2nd Addition as submitted. Motion carried - 5 ayes by Roll Call Vote. RENTAL HOUSING CODE REVIEW The Council began the review of the draft rental ordinance and dis- cussed verbage. Mayor Haugen suggested that each Councilmember point out their concerns on the draft to the Planner and Attorney for their review, to be revised and returned to the Council for further consideration. PLANNER'S REPORT Recommendations: Permits for Small Utility Sheds Construction Completion Deadlines . Planner Nielsen checked with other cities requirements for small utility sheds. Three of twelve cities do require a permit. The Planning Commission recommends no permit requirement for sheds -2- MINUTES - MONDAY, APRIL 10, 1989 PAGE 3 . PLANNER'S REPORT - Continue Recommendations: Permits for Small Utility Sheds Construction Completion Deadlines under 120 square feet, but sheds must meet setbacks of their zone and the State building code. The Planning Commission also discussed the regulation of the completion of construction of structures. They have recommended a one year limit for exterior of buildings and two years for completion, and one year for total completion of accessory buildings. Council agreed with the Planning Commissions recommendations but added time restrictions on sheds not requiring a permit. The time limitation for sheds is six months for exterior and one year for completion; or six months from a filed complaint, if a construction starting date can not be determined. Planning Commission Resignation - Betsy Robertson Mayor Haugen read Ms. Robertson's letter of resignation. Council felt she was an excellent member and thanked her for her good service to the City. . Council is accepting letters of interest and resumes from citizens who might be interested in filling the position. The policy has been to fill the vacancy with a person representing the same area as the member resigning did. Sign Request - Goodyear - (Temporary) A request to temporarily place a Goodyear sign, 1 X 4, at the Shorewood Food Mart was submitted by Planner Nielsen. This sign would be placed on the post that is designated for the Dairy Queen until the time that they intend to build. The visibility for the Goodyear shop is poor. Gagne felt the visibility would improve when the pile of contaminated soil is removed along Country Club Road. Watten suggested a re- vised use of the current billboard sign on site. Council did not act on the request and asked them to return for their request when the contaminated soil has been removed from the site. lCO Sign Violation Planner Nielsen sent a notice of removal on sign violations to the lCO station. No response was received nor was compliance made until last Friday, April 7, 1989. The Attorney has prepared ~ complaint and filed in court and a court schedule has been set. . Council recommended continuation of action on the violation. -3- MINUTES - MONDAY, APRIL 10, 1989 PAGE 4 . ATTORNEYS REPORT Marcus Development Meeting Attorney Froberg will be meeting with the Marcus Development people and staff to clear-up problems with the platting and discuss a mechanics lien. Christmas Lake Road Cul-de-Sac Engineer Norton recommended sending a letter to CDS to replace the missing "safe hits" and supply three sets of the "safe hits" to the City prior to the expiration of their letter of credit, June 6,1989. Gagne moved, seconded by Brancel, to authorize the submittal of the letter requesting the "safe hits" repair and supplies of new hits. Motion carried - 5 ayes. Attorney Froberg has requested payment from CDS for costs expended on the cul-de-sac lawsuit thus far. Restraining Order - Carlson Homes . The City was served with a motion for a temporary restraining order on a weight limit restriction. Carlson Homes asked for a five ton limit on a four ton street in order to get cement to a job at 5476 Carrie Lane. The court took the action under advise- ment for Council action. The builder stated that he will lose his financing if the home is not completed by April 17, 1989. The Public Works Director does have the right to issue a permit waiving the weight restriction in the case of danger to public health. The only time a permit was issued was when a well went dry in an inhabited house. Planner Nielsen reviewed the Rottlund lawsuit and the basis for the Court action. Engineer Norton re- ferred to a test that the developer could do to test the road for flexibility to determine the weight that the road could handle. It would be expensive and could prove the road weight capable of handling more or less than the current restriction. Gagne moved, seconded by Brancel, to deny the request for a permit waiving the weight restriction and to direct the Attorney to prepare findings of fact. Motion carried - 5 ayes by Roll Call Vote. Watten asked what it would cost to replace the section of road in question. Engineer Norton estimated $200,000. COUNCIL BREAK: 9:20p.m. to 9:36 P.M. . -4- MINUTES - MONDAY, APRIL 10, 1989 PAGE 5 . ENGINEERS REPORT Glen Road/County Road 19 Direct Drainage Easement to be Drawn Engineer Norton referred to his letter of April 6, 1989, on the cost of determining needed easements for the drainage project. Total cost is estimated at $9,000.00 with $2,500.00 if re-drafting of easements is needed due to revising of ponding on piping areas. These costs can be assessed to a storm water project if done and may be reduced if surveys are supplied by the affected residents. Gagne moved, seconded by Watten, to authorize the proceeding with the storm water project by allocating funds from the general fund not to exceed a total cost of $11,500. Motion carried - 5 ayes. Tonka Bay is holding a meeting on Tuesday, April 11, 1989, at 6:30 P.M., to discuss their ideas on the storm sewer project. Clerk Kennelly will inform Tonka Bay that Stover, Mayor Haugen and Gagne may attend that meeting. Attorney Froberg has obtained an estimate of $4,800.00 to establish appraisal for easement purchases needed. This cost could be re- duced if residents granted the necessary easements. LMCD REPORT . Mr. Bob Rascop reported on the progress to control the Eurasian Milfoil in Lake Minnetonka. He thanked the City for their donation for the control of the milfoil. A large contribution of $500,000.00 was received to be used for the purchase of hardware. Five harvesters will be purchased with the funds, two of the harvesters will be used as barges. The balance of the donations will be used for operations. The Army Corp of Engineers will match the operational fund beginning next year. The Gray's Bay cause-way has begun. Two acres of the lake will be filled for this project. The LMCD did oppose the filling but other agencies did approve the filling. Boulder Bridge has been approved for a temporary dock rearrangement until the water level returns to normal. A new plan is being developed to remap and designate all wet lands into eight classifications in accordance with the Army Corp of Engineers. Three types of wet lands are being managed by the DNR, the remaining types will be managed by the LMCD. The dredging regulations are being changed to Rule K. Permits will be issued from the DNR and watershed without inspections, the LMCD may offer to do the inspections. Planner Nielsen will be attending the LMCD committee meetings on wet lands. . Mr. Rascop updated the Council on the testing and research being done in an effort to combat the milfoil. -5- MINUTES - MONDAY, APRIL 10, 1989 PAGE 6 . FINANCIAL REPORT Animal Control - Added Patrolling Watten supports advertising the animal control ordinance to obtain compliance and target problem areas with added patrolling. Gagne moved, seconded by Brancel, to add five additional hours of patrolling from April through June. Motion carried - 4 ayes - 1 nay (Watten). ADMINISTRATIVE REPORTS Support of West Hennepin Services .~ Energy Program Bruce Larson, of WHHS, has asked the City to support his concerns that the Community Energy Council will not consider grants for those cities contracting with the WHHS energy program. Council supports the submittal of a letter to the Department of Public Services of the Energy Division encouraging the consideration of continuing grants for their energy programs. Meeting Schedule . Board of Review - 7:30 P.M. - April 19, 1989 Union Negotiations - 7:00 P.M. - April 24, 1989 Request from Fire Department The Excelsior Fire Department would like to send out a mailer for their annual dance. Gagne moved, seconded by Brancel, to donate address labels to the Fire Department for their fund raiser dance. Motion carried - 5 ayes MAYORS REPORT Policy Setting Session Stover moved, seconded by Gagne, to ratify the hiring of Jim Brimeyer of Sathe and Assoc. to mediate a policy setting session on Monday, May 1, 1989. The meeting is to begin at 6:30 P.M., with Council and head of staff. Motion carried - 5 ayes. Recycling Complaints A great deal of complaints have been received regarding recycling service. . Council directed staff to obtain information on other recycling companies. -6- MINUTES - MONDAY, APRIL 10, 1989 MAYORS REPORT DNR Response - Denying Request to Close Christmas Lake Access . Mayor Haugen read the response from the DNR on the City's request to temporarily close the Christmas Lake access to attempt to pre- vent the spread of Eurasian Water Milfoil in that lake. They have refused the request and feel that education of the lake users can help to prevent the spread. Recycling Recognition Luncheon - A luncheon will be held in re- cognition of participating cities in the recycling program on April 19, at 11:30 A.M. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Watten, to adjourn the regular Council meeting of Monday, April 10, 1989, at 10:43 P.M. subject to approval of claims. for payment. Motion carried unanimously - 5 ayes. GENERAL & LIQUOR FUNDS - Acct. No. 00-00166-02 General Liquor Checks # 2077-2127 $ 15,761.40 $ 44,059.25 Payroll Checklist: Checks # 202942-202975 $ 10,480.57 $ 2,884.96 . Total $ 26,241.97 $ 46,944.21 Sandra L. Kennelly City Clerk RESPECTFULLY SUBMITTED, . -7- . CHECK NO. . CHECK APPROVAL LISTING TO WHOM ISSUED CHECKS ISSUED SINCE APRIL 5, 1989 . 2077 (G) 2078 (G) 2079 (L) 2080 (L) 2081 (L) 2082 (L) 2083 (L) 2084 (L) 2085 (L) 2086 (L) 2087 (L) 2088 (L) 2089 (L) 2090 (L) 2091 (L) 2092 (L) 2093 (L) 2094 (L) 2095 (L) 2096 (G) 2097 2098 (G) 2099 (G) 2100 2101 (L) 2102 (L) 2103 (L) 2104 (L) 2105 (LO 2106 (L) 2107 (L) 2108 (L) 2109 (L) 2110 (L) 2111 (L) 2112 (L) 2113 (L) 2114 (G) 2115 (G) 2116 (G) 2117 (G) 2118 (G) 2119 (G) 2120 (G) 2121 (G) 2122 (G) 2123 (G) 2124 (G) 2125 (G) 2126 (G) 2127 (G) . PURPOSE Split Rail Fence/City Hall $ Clutch Utilities Liquor Liability Audit Liquor and Wine Purchases Liquor and Wine Purchases Liquor and Wine Purhcases Wine Purchases Liquor and Wine Purchases Pop Purchases Pop Purchases Liquor and Wine Purchases Misc. Purchases Beer Purchases Beer Purhcases Beer Purchases Beer Purchases Beer Purchases Misc. Purchases Newsletter Postage Menards Northern Hydra1ics Northern States Power Ken Jarcho Insurance Bellboy Corporation Johnson Brothers Wholesale Griggs, Cooper and Company Quality Wine and Spirits Company Ed Phillips and Sons Midwest Coca-Cola Bottling Co. Pepsi-Cola Company Franck's Trucking North Star Ice Thorpe Distributing Mark VII Distributors, Inc. East Side Beverage Company Pogreba Distributing, Inc. Day Distributing Company Minnesota Bar Supply, Inc. US Postmaster VOID Viking Fence and Construction Co. Public Works Repairs US Postmaster Postage for Postage Meter VOID Griggs, Cooper and Company Quality Wine and Spirits Co. Ed Phillips and Sons Johnson Brothers Wholesale Bellboy Corporation The Wine Company Pogreba Distributing, Inc. Day Distributing Company East Side Beverage Comapny Pepsi-Cola Company Coca-Cola Bottling Company Advance Lighting Waste Management-Savage Minntonka Country Club Joe Pazandak The Bank Excelsior Hennepin County Surveyor Child Support Enforcement AFSCME Local #224 City County Credit Union Public Employees Retirement Group Health Inc. ICMA Retiement Trust Commissioner of Revenue Public Employees Retirement Commissioner of Revenue Commissioner of Revenue Liquor and Wine Purchases Wine and Misc. Purchases Liquor and Wine Purchases Wine Purchases Liquor Purchases Wine Purchases Beer Purchases Beer Purchases Beer Purchases Pop Purhcases Pop Purchases Maintenance and Repair Waste Removal Administrator Lunch Mileage Federal, FICA, Medicare Plat Maps Payroll Deductions Union Dues Payroll Deductions Assoc.PERA Deductions Employee Health Insurance Payroll Deductions State Taxes (Payroll) Assoc.PERA Deductions Sales Tax Fuel Tax TOTAL GENERAL TOTAL LIQUOR TOTAL CHECKS ISSUED AMOUNT 178.16 29.99 272.30 240.00 1,916.71 655.49 4,194.31 77 2 . 44 1,966.06 173.65 94.15 361. 20 76.00 5,477.35 7,436.48 3,129.66 691. 05 2,965.29 166.68 260.70 \ 11.08 750.00 3,074.48 329.82 437.02 710.75 1,682.81 122.00 543.15 2,286.06 3,772.40 93.15 215.15 159.64 44.00 79.10 62.50 Taxes 3,973.50 46.00 145.00 100.80 37.00 18.00 509.70 320.00 643.75 1,274.27 7,214.87 106.98 15,761.40 44,059.25 59,820.65 CHECK NO. CHECK APPROVAL LISTING TO WHOM ISSUED PURPOSE AMOUNT . CHECKS FOR COUNCIL APPROVAL 2128 (G) 2129 (G) 2130 (G) 2131 (G) 2132 (G) 2133 (G) 2134 (G) 2135 (G) 2136 (G) 2137 (G) 2138 (G) 2139 (G) 2140 (G) 2141 (G) 2142 (G) 2143 (G) 2144 (G) 2145 (G) 2146 (G) 2147 (G) 2148 (G) 2149 (G) 2150 (G) 2151 (G) 2152 (G) 2153 (G) .;( 15lf-~.tJj'lf- ( G ) ;?/S-S-~(G) d.. j5""~ (G) ,5) /57 2m (G) . Utilities Services Relating to Audit Copier Labels Beeper Charges Fee Due For Coupons Payable Micro-wave and Sump Pump Elec. Sweeper Parts Chemical Toilet-Cathcart Public Works-Valve Wasp Poison April Rent Maintenance Contract Conference Reservations City and County Managers Wendy Davis Mileage Rolf E.A. Erickson Assessor Fee and Supplies Government Training Service Conference Registration (Spring City and County Management Conference -L. Whittaker) Voter Registration Postage Used 2/1 - 3/31 Kehoe Office Furnishings, Inc. Freight on Council Chairs Mann Made Products Tar Kettle Spray Bar - PW Metro. Waste Control Commission May Sewer Charges Metro. Waste Control Commission March SAC Charges Midwest Mailing Systems Inc. Maintenance Agreement and State Treasurer Building Permit Surcharge Minnesota Suburban Publications Advertising Minnegasco Utilities Navarre True Value Public Works-Misc. Supplies Northern States Power C~pany Utilities Northern States Power Company Street Light Electricity North Central Business Forms Alp Checks Orr, Schelen, Mayeron and March Engineer Fees Associates Permits 37.69 General 1,119.96 On-going 1,508.07 Shorewood Oaks 150.75 Sewer 678.38 Fertilizer - Public Works 1,395.60 Course Reimbursement 87.75 Reusable Mail Packs - Council 42.70 Mileage and Course Reimbursment 182.10 Inc.Oil Distributor Parts-PW 402.70 Administrator Search Expenses 4,145.15 Dept.May Budget, Gasoline, and OT 30.083.68 Plastic Cleaner - Parks 6.00 March Services 1,784.64 Gouging Torch 124.70 Name Plate - Planning 9.10 Diaphram Unit - Boulder Bridge 48.01 Misc. Iron - Public Works 24.00 Waste Removal 97.00 Water Supplies 2,054.32 AT & T Abdo, Abdo, and Eick ACRO-Minnesota, Inc. Airsignal, Inc. American National Bank Baker Electric Boyum Equipment Browning-Ferris Industries Campbell-Sevey, Inc. Certified Labratories Commers Soft Water Company Consolidated Typewriter, Inc. Cragun's Conference Center :;"'IS'6 ~ (G) Paris and Sons ;;':J.I'Stj H-5-W (G) Joe Pazandak .?j~t'~G) Pitney Bowes ",QI'"G:,J 2~\(G) Alan Rolek a/v,)., ~1(G) Ruffridge-Johnson Equip. Co., 9./<'>.32.uH: (G) Sathe and Associates, Inc. ';^-Ju'-/ ~ (G) So. Lake Mtka. Public Safety ~/~~~ (G) Scott's Glass Service .~/~~~ (G) Super Cycle Ollfii Hfr5 (G) Toll Company ~J~~~ (G) Twin City Stamp And Printing :J-/~Cj z+f:rf (G) Vessco, Inc. .,JJ!:V1.:: (G)d.J~7Victoria Repair And Mfg. Shop ;. ~ (G~I1" Waste Management - Savage ~ 2170 (G)d-.)i8 Water Products TOTAL CHECKS FOR APPROVAL TOTAL CHECK APPROVAL LIST $ 8.83 3,275.00 15.39 9.00 50.00 363.98 78.66 50.00 95.00 86.39 22.50 110.00 148 . 11 Conference 17.71 2,112.17 135.00 12.75 633.66 156.91 21,841.07 3,415.50 Sups. 162.50 2,049.88 76.25 629.72 259.73 1,466.08 1,549.49 405.07 3,494.85 83,218.65 143,039.90 CHECK APPROVAL LISTING .. PAYROLL REGISTER . CHECK NO. TO WHOM ISSUED HOURS AMOUNT PAYROLL APRIL 12, 1989 202942 VOID 202943 (G) Leonard Watten $ 147.82 202944 (G) Janice Haugen 177 . 30 202945 (G) Barbara Brancel 147.82 202946 (G) Robert Gagne 150.00 202947 (G) Kristi Stover 150.00 202948 (G) Sandra Kennelly 80 Reg. Hours 866.32 202949 (G) Susan Niccum 80 Reg. Hours 476.32 202950 (G) Anne Latter 80 Reg. Hours 424.63 202951 (G) Alan Rolek 80 Reg. Hours 813.58 202952 (G) Wendy Davis 80 Reg. Hours 520.71 202953 (G) Bradley Nielsen 80 Reg. Hours 1,059.38 202954 (G) Patricia Helgesen 80 Reg. Hours 640.15 202955 (G) Joseph Pazandak 80 Reg. Hours 742.07 202956 (G) Charles Davis 80 Reg. Hours 380.90 202957 (G) Dennis Johnson 80 Reg. Hours 625.51 202958 (G) Daniel Randall 80 Reg. Hours 641. 66 202959 (G) Howard Stark 82 Reg. Hours 563.43 202960 (G) Ralph Wehle 82 Reg. Hours 512.53 202961 (G) Donald Zdrazil 80 Reg. Hours 852.25 . 202962 (G) Joseph Lugowski 75.5 Reg. Hours 588.19 202963 (L) Russell Marron 46.5 Reg. Hours 224.17 202964 (L) Christopher Schmid 80 Reg. Hours 391.48 202965 (L) John Thompson 8 Reg. Hours 36.40 202966 (L) Michael Koebensky 24 Reg. Hours 118.05 202967 (L) Brian Jakel 42 Reg. Hours 187.84 202968 (L) Mark Karsten 10 Reg. Hours 46.81 202969 (L) William Josephson 80 Reg. Hours 621. 21 202970 (L) Susan Latterner 18 Reg. Hours 84.42 202971 (L) Dean Young 80 Reg. Hours 522.68 202972 (L) Scott Bennyhoff 32 Reg. Hours 140.87 202973 (L) Scott Bartlett 25.5 Reg. Hours 123.86 202974 (L) Lawrence Nelson 25.5 Reg. Hours 125.65 202975 (L) William Rhodes 61 Reg. Hours 261. 52 TOTAL GENERAL 10,480.57 TOTAL LIQUOR 2,884.96 TOTAL PAYROLL 13,365.53 .