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050889 CC Reg Min . . . CITY OF SHOREWOOD 7:00 P.M.-EXECUTIVE SESSION 7:30 P.M.-REGULAR COUNCIL MEETING COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD MONDAY, MAY 8, 1989 MINUTES EXECUTIVE SESSION The Executive Session convened at 7:00 P.M., Monday, May 8, 1989, where Mayor Haugen and the Administrator were authorized to present a new offer to AFSCME Local 224 at the May 10, 1989 mediation session. CALL TO ORDER The Regular Council meeting of the Shorewood City Council was called to order at 7:30 P.M., Monday, May 8, 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, Adminis- trator Whittaker and Clerk Kennelly. APPROVAL OF MINUTES Gagne moved, Brancel seconded, to approve the Regular Council minutes of Monday, April 24, 1989, as amended. Motion carried - 5 ayes. CONSENT AGENDA Authorization of Bank Signature Resolution No. 36-89 Resolution No. 36-89 authorizing the Administrator/Treasurer Whittaker to be added to the signature card at The Bank of Excelsior was adopted. Temporary Sign Permit-Shorewood Liquor Store A 14-day Temporary Sign Permit for Shorewood Liquor Store I as no other requests have been made for that location in the past twelve months. Stover moved, seconded by Gagne, to approve the items on the consent agenda. Motion carried - 5 ayes. COMMISSION REPORTS Planning Commission Report Stover will report on items 4, 5 and 6, as they are brought up on the agenda. -1- . . . MINUTES - MONDAY, MAY 8, 1989 PAGE 2 COMMISSION REPORTS - Continue Park Commission Report Angela Weatherly reported on the May 1, 1989,Park Commission Meeting: 1. A resident from Shorewood Oaks complained about the Spring clean- up. He would like it discontinued or alternated between Freeman Park and another location. 2. Chairman Laberee attended a meeting with the engineer and the contractor to discuss the completion of the Freeman Park project. 3. "The Park Commission feels it inconceivable that anyone could construe Freeman Park communications to mean anything other than completely finished, playable athletic fields and, therefore re- commends that: In the event that the fields are not completely finished, within budget, by the July date promised in the December 5, 1988, joint Park Commission/City Council meeting (minutes attached) see motion, That the City hire a new engineer and contractors to finish the fields; and That the City pursue litigation or alternatives that allow completion of all playing fields without cost to the Park Commission." 4. Interviews for the Park Commission vacancy are scheduled for May 15. 5. Weatherly held a meeting with the neighbors around Silverwood Park. They would like to meet with Laberee and Public Works Director Zdrazil to begin improvements on that park with picnic tables and play equipment. COMMERCIAL C.U.P./SET BACK VARIANCE - 19285 STATE HIGHWAY 7 Planner Nielsen presented the request of Dennis Clark of Frontier Indus- tries to obtain a C.U.P. and variance for an outdoor display on property adjacent to his office. He will have a three-year lease on the property. Staff recommends approval of the C.U.P. for 3 years with annual reviews for compliance. Gagne moved, seconded by Brancel, to direct the Attorney to draft a Resolution in accordance with the Planner's April 26, 1989, memo. Motion carried - 5 ayes. SIMPLE SUBDIVISION/COMBINATION - 21980 BRACKETTS ROAD/5950 MILL STREET RESOLUTION NO.37-89 Scotty Asp requested the simple lot subdivision and combination of two lots into three lots. The Planning Commission recommended approval of the new lots. Watten moved, seconded by Stover, to adopt Resolution No. 37-89 approving -2- . . . MINUTES - MONDAY, MAY 8, 1989 PAGE 3 SIMPLE SUBDIVISION/COMBINATION - 21980 BRACKETTS ROAD/5950 MILL STREET- Continue RESOLUTION NO. 37-89 the simple lot subdivision/combination in accordance with the Planner's April 25, 1989, memo. Motion carried - 5 ayes by roll call vote. SIMPLE SUBDIVISION/COMBINATION 4670/4690 LAKEWAY TERRACE AND 4695 FATIMA PLACE RESOLUTION NO. 38-89 The Planning Commission recommended approval of the lot reconfiguration which created additional buildable area and added conformity ~o each of the lots. Stover moved, seconded by Brancel, to adopt Resolution No. 38-89 approv- ing the simple lot subdivision and combination subject to the Planner's April 28, 1989, memo. SET PUBLIC HEARING TO VACATE UTILITY EASEMENTS RESOLUTION NO. 39-89 Stover moved, seconded by Brancel, to adopt Resolution No. 39-89 setting a public hearing to vacate the utility and drainage easements on the rear lot line of the three parcels at first Council meeting following the required publication. Motion carried - 5 ayes. MATTERS FROM THE FLOOR Complaint on Sprinq Clean Mr. Paul Krueger of 6015 Burlwood Court expressed his concerns about the Spring clean-up. He said it was very unsightly and unsafe. People went through the debris after the park closed and kids played in the locked-up site. Mayor Haugen reviewed the history and need for a yearly clean-up. Gagne said citizens strongly support the clean-up; but, it may be necessary to patrol the site at night until the clean-up is completed. STAFF REPORT Attorney's Report Attorney Froberg requested an executive session on pending litigation following the regular Council meeting. The Council agreed. Planner's Report County Road 19 at Highway 7 Planner Nielsen withdrew the discussion of the intersection plan pending a clear discription of the proposal. -3- MINUTES - MONDAY, MAY 8, 1989 PAGE 4 . STAFF REPORT Planner's Report - Continue Fina Mart - Contaminated Soil Planner Nielsen spoke to Mark Senn of Marcus Development about the removal of contaminated soil at the Fina Mart. Marcus is working with John Moe~er of the PCA to obtain reimbursement for the clean-up from a State Petro Fund. The PCA has set no deadline for the re- moval of the soil because they have no policy on clean-up funding. Council wants the PCA notified of a deadline for the clean-up. If internal decisions have not been made by the deadline, the City will clean-it up and charge it back to the PCA. Planner Nielsen explained the buried soil ventilation system. Gagne asked when the filtering system would be working. Planner Nielsen said the filtering equipment was planned for construction with the Dairy Queen building which has been delayed. The development agree- ment allowed two years to completion. Attorney Froberg will investi- gate ways to force removal of the soil and report back to the Council May 22, 1989. Abandoned Vehicle Code . The current ordinance allows a person to park a vehicle on property without permission for 48 hours before any action can be taken. Planner Nielsen would like the Council to consider a shorter period of time and to prohibit sale of vehicles on any property other than the owner's property. He will return with a revised draft for the Council. Engineer's Report Shorewood Oaks Final Payment and Chanqe Order No.2 Engineer Norton recommended approval of the final payment for the Shorewood Oaks project to include Change Order No.2 in the amount of $3,938. The project was completed well and came in $26,560.22 under bid cost. Gagne moved, seconded by Stover, to approve Change Order No.2 and final payment of $67,098.84 to Richard Knutson, Inc. Motion carried - 5 ayes. Mayor Haugen asked the Attorney to determine whether the excess funds could be used to correct the Strawberry Lane problem caused by the traffic from Shorewood Oaks. Strawberry Lane Repairs . The City Engineer reviewed the correction needed to restore and main- tain the edge of this road, across from Shorewood Oaks Drive. He recommended concrete curb and gutter (B type) extending between the driveways located just south of Shorewood Oaks Drive and Maple Avenue. Engineer Norton suggested including this work with the 1989 street -4- MINUTES - MAY 8, 1989 PAGE 5 ~ STAFF REPORT Strawberry Lane Repairs - Continue project, not to exceed $1,500. The Council agreed Engineer Norton should prepare plans for this project as a separate line-item in the 1989 street project. 1989 Street Repair Project Engineer Norton recommended the 1989 Street Repair budget be used to overlay Smithtown RoaQ, inoludin~ ~hc area pL~v~uu~ly LeLullL, at an estimated cost of $162,900. He did not recommend construction of a bike path, in accordance with the 1978 plan, because it would prob- ably create drainage problems, require the City crew to prepare the subgrade, necessitate removal of many trees, mail boxes and other obstructions, and cost $102,500.00 in today's dollars. The Council asked if this project should be delayed until the City qualifies for State Aid Highway Funds. Norton and Public Work Director Zdrazil reiterated their concern that the current base and pavement might be lost if the project is delayed. Norton advised the Council that constructing Smithtown Road to State Aid standards would cost considerably more than an overlay and would require a complete drainage plan including curb and gutter. ~ Gagne said the Council should consider completing the water line under Smithtown Road and use State Aid funds for constructioniand the improvement of other streets with 1989 funds. Brancel expressed concern about bike riders and said she could not support the project unless bike trails were a part of it. Watten moved, seconded by Stover, to accept the staff recommendation to repair Smithtown Road with the 1989 street repair budget. Motion carried - 3 ayes - 2 nays (Brancel and Gagne). Authorization Plans and Specifications - 1989 Street Repairs Watten moved, seconded by Stover, to authorize the engineer to pre- pare plans and specifications for the 1989 street repair project and advertise for bids. Motion carried - 3 ayes - 2 nays (Brancel and Gagne). COUNCIL BREAK: 9:25 P.M. to 9:30 P.M. Administrative Report Action Alert - League of Minnesota Cities ~ Whittaker suggested the City oppose proposed legislation limiting levy increases to 3%, arguing that increased property taxes are not a result of waste or loose spending but, rather, decreases in State -5- . . . MINUTES - MAY 8, 1989 PAGE 6 and Federal aids and dispareties in State Aid formulas favoring out- state Cities. The Council agreed Whittaker should send a letter to that effect to State Legislators. Recycling Status Administrator Whittaker referred to a meeting where the County proposes to open a transfer station to receive recyclables from the Cities. The County would subsidize the market in order to maintain the service. Clerk Kennelly has requested information from other recycling services to contract for a new recycler. Gagne asked staff to inquire into a cost if garbage removal was contracted in conjunction with the re- cycling. Special Census Administrator Whittaker stated that the CDBG funds can be reallocated and used for a special census. The estimated cost for the census was $10,300.00 in 1987 for a nine-month process. Staff will find out the time schedule for the 1990 census & MSA funding, before the Council acts on a special census. 1% Valuation Decrease by the City of Minnetonka The City of Minnetonka, Board of Review, adopted a 1% reduction in valuation for all the properties in the City to protest State pro- perty tax limits. Attorney Froberg advised the Council that County will nullify their action; so it won't affect Shorewood. Special Meeting A goal-setting session was scheduled for the Council on May 15, 1989 at 7:30 P.M. Freeman Park Project - Request for Consultant Administrator Whittaker recommended that George Haun be hired to determine the acceptability of the ballpark improvements and determine what it needs to have playable fields. Mr. Haun has had 30 years of experience as a park and recreation director and has been responsible for the installation of many ball fields in St. Louis Park. The Park Commission supports this recommendation. The estimated cost for this service is $500 to $600. Mayor Haugen moved, seconded by Gagne, to hire Mr. Haun at a cost not to exceed $500.00, to determine what improvements are required for the Freeman Park ball fields. Motion carried - 5 ayes. -6- MINUTES - MONDAY, MAY 8, 1989 PAGE 7 . COUNCIL REPORTS Recyc1inq Watten offered to ask various merchants for 5 gallon plastic buckets for recyclables, at no charge, so residents won't have to use paper the bags which are easily damaged. This five gallon buckets would be a cheap substitute for the bins used by some other Cities. Dog patroling Council would like the new schedule for dog patroling. Cable Volunteer Needed The Mayor, again, requested volunteers to operate cameras for the Cable Commission during Council meetings. Volunteers to contact Administrator Whittaker or Brancel for information. Request for Rock on Trail Gagne asked the staff to check on getting finer rock added along the railway trail. Glen Road Drainage Status . The surveying has been completed and maps will be available t~s week. A few changes in contours were made and sent to Jim Mahady of the watershed for review. Retaininq Wall Plan Planner Nielsen has received a bid for repairs to the retaining wall behind City Hall. He will submit this plan and bid, and a proposal for striping and lighting the City Hall parking lot, at the next meeting. Joint Meeting Requested The Planning Commission would like a joint meeting of the Council and Commissions held. Mayor Haugen would like the Council to establish long-range goals and fill Commission vacancies prior to that meeting. MAYOR'S REPORT The Mayor advised the Council she had information on Art Program of Minnesota, Privatization, and Truth in Taxation. She also said she attended the police reserve dinner where awards were presented to re- serves for outstanding service. Executive Session . The Council adjourned the Regular Council meeting at 10:25 P.M. to and Executive session. -7- . . . MINUTES - MAY 8, 1989 PAGE 8 Executive Session - Continue Attorney Froberg updated the Council on current litigation. Inter- rogatories had to be answered in the Christesen lawsuit. Other updates were done on Wartman, Whittmer/Hanson, I.C.O. sign violation and Bache suits. ADJOURNMENT Watten moved, seconded by Stover, to adjourn the Regular Council meeting of Monday, May 8, 1989 at 10:50 P.M. subject to approval of claims for payment. Motion carried - 5 ayes. GENERAL & LIQUOR FUNDS - Acct No. 00-00166-02 Checks # 2253-2336 General $ 270,943.84 Liquor $ 77,601.41 Payroll Checklist: Checks # 203017-203059 $ 11,770.33 $ 2,812.73 Total $ 282,714.17 $ 80,414.14 RESPECTFULLY SUBMITTED, Sandra L. Kennelly City Clerk -8- CHECK NO. CHECK APPROVAL LISTING TO WHOM ISSUED PURPOSE AMOUNT . CHECKS ISSUED SINCE MAY 5, 1989 . 2253 (L) 2254 (L) 2255 (L) 2256 (L) 2257 2258 (L) 2259 (L) 2260 (L) 2261 (L) 2262 (L) 2263 (L) 2264 (L) 2265 (L) 2266 (L) 2267 (G) 2268 (L) 2269 (L) 2270 (L) 2271 (L) 2272 (L) 2273 (L) 2274 (L) 2275 (L) 2276 (L) 2277 (L) 2278 (L) 2279 (L) 2280 (L) 2281 (L) 2282 (L) 2283 (L) 2284 (L) 2285 (L) 2286 (L) 2287 (L) 2288 (G) 2289 (G) 2290 (G) 2291 (G) 2292 (G) 2293 (G) 2294 (G) 2295 (G) 2296 (G) 2297 (G) 2298 (G) . Utilities Liquor Purchases Beer Purchases Liquor and Wine AT & T Bellboy Corporation Day Distributing Franck's Trucking VOID Johnson Brothers Wholesale Wine Purchases Mark VII Distributors Wine and Beer Purchases National Guardian Security Repair & Main. of Security North Star Ice Misc. Purchases Ed Phillips and Sons Liquor and Wine Purchases Pogreba Distributing Inc. Beer and Misc. Purchases Quality Wine and Spirits Liquor and Wine Purchases Thorpe Distributing Company Beer Purchases Griggs, Cooper and Company Liquor and Wine Purchases Cragun's Lodge and Conf. Center City Man. Conference Expenses Griggs, Cooper and Company Liquor, Wine & Misc. Pur. Northern States Power Company Utilities North Star Ice Misc. Purchases Honeywell Protection Services Monthly Service Charge Franck's Trucking Liquor and Wine Purchases Thorpe Distributing Company Beer Purchases Mark VII Distributors, Inc. Beer and Wine Purchases Pogreba Distributing, Inc. Beer and Misc. Purchases Day Distributing Company Beer and Misc. Purchases East Side Beverage Company Beer Purchases Pepsi-Cola Company Pop Purchases Midwest Coca-Cola Bottling Co. Pop Purchases Bellboy Corporation Liquor Purchases Royal Crown Beverage Company Pop Purchases Minnesota Bar Supply, Inc. Misc. Purchases Johnson Brothers Wholesale Liquor and Wine Purchases Quality Wine and Spirits Co. Wine Purchases Ed Phillips and Sons Liquor and Wine Purchases Weekly News, Inc. Advertising Boyd Houser Candy and Tobacco Co. Cig,Misc, and Supplies The Bank Excelsior Federal, FICA & Medicare City County Credit Union Payroll Deductions AFSCME Local #224 Payroll Deductions Child Support Enforcement Payroll Deductions Richard Knutson, INC. Construction Payment 8 Minnesota City Management Assoc. Annual Dues MCMA Metropolitan Waste Control Comm. April SAC Charges ICMA Reitirement Trust Payroll Deductions Commissioner of Revenue State Taxes-Payroll Public Employees Retirement Assoc.PERA Payroll Deductions Leukemia Society of America, Inc. Leukemia Donation Purchases TOTAL LIQUOR TOTAL GENERAL TOTAL CHECKS ISSUED -1- $ 1.69 1,247.08 1,280.29 92.40 2,252.92 1,255.90 Sys. 70.00 110.00 708.56 897.95 445 . 77 5,779.95 7,342.96 30.29 3,989.03 247.38 90.90 75.00 166.80 3,998.85 1,944.40 989.15 1,438.47 7,424.25 282.10 254.67 2,001.44 53.20 255.30 432.07 734.02 940.29 112.67 6,820.31 4,681.64 37.00 100.80 145.00 67,098.84 35.00 2,846.25 468.08 752.47 1,382.54 23.50 53,735.77 77,601.41 131,337.18 CHECK NO. CHECK APPROVAL LISTING CHECKS FOR COUNCIL APPROVAL TO WHOM ISSUED . . 2299 (G) 2300 (G) 2301 (G) 2302 (G) 2303 (G) 2304 (G) 2305 (G) 2306 (G) 2307 (G) 2308 (G) 2309 (G) 2310 (G) 2311 (G) 2312 (G) 2313 (G) 2314 (G) 2315 (G) 2316 (G) 2317 (G) 2318 (G) 2319 (G) 2320 (G) 2321 (G) 2322 (G) 2323 (G) 2324 (G) 2325 (G) 2326 (G) 2327 (G) 2328 (G) 2329 (G) 2330 (G) 2331 (G) 2332 (G) 2333 (G) 2334 (G) 2335 (G) ~ (G) a,331 . Abdo, Abdo, and Eick Airsignal Inc. Astelford International The Chippewa Corporation Commers Soft Water Company Crosstown OCS Rolf Erickson City of Excelsior Sandra Kennelly Louisville Landfill Maust Fiber Fuels Inc. Menards Metropolitan Waste Control Corom. Midwest Animal Services Midwest Asphalt Minnegasco MN Suburban Publications City of Minnetonka Mueller and Sons National City Bank Navarre True Value Northern States Power Norwest Banks Joseph Pazandak Pepsi-Cola R & W Services Alan Rolek Sathe~ and Associates So. Lake Mtka. Safety Department Supercycle Toll Company Tonka Printing Twin City Appliances Victoria Repair Waste Management Larry Whittaker Youngsteds Browning-Ferris Industries ; ,,-- L~ ____~_~ ...........,.,""-..."','..1'...,'.__.,..'<1... -2- PURPOSE AMOUNT Services Relating to Audit Beeper-Public Works Parts for Trailer Axle Pulverized Topsoil-PW May Rent-Water Softner Coffee and Paper Towels Assessors Fees 1st Quarter Water April and May Mileage Dumping for Freeman and Shop Tire R~moval-CityClean-up 24" Window Wells Sewer Services For June Animal Control for April Limestone for Clean-up Utilities Publishing 1st Quarter Water Oil for Park Dust Control Int/Fees on DTD 12/71 Bond Misc. PW Supplies Utilities Payment on S-A6/1/72 Bond Mileage Pop Purchases-City Hall City Clean-up/Dumpsters Mileage Goal Setting and Admin. June Budget April Recycling Services Carbons/Public Works Business Cards Appliance Removal/City Public Works Parts Waste Removal Mileage Tires for Truck #4-PW Toilets/Parks $ 3,500.00 9.00 732.01 250.00 22.50 168.50 2,138.02 1,610.24 55.24 Ctr 71.55 965.70 18.98 21,841. 07 541.75 117.83 324.49 260.58 524.63 504.00 1,990.60 166.38 925.22 144,695.00 67.23 82.50 3,060.00 87.26 Search 426.82 29,190.98 1,634.88 35.96 136.00 Clean-up 384.00 44.85 97.00 72.16 341.24 113.90 TOTAL CHECKS FOR APPROVAL TOTAL CHECK APPROVAL LIST 217,208.07 348,545.25 CHECK APPROVAL LISTING . CHECK NO. TO WHOM ISSUED PAYROLL REGISTER . HOURS AMOUNT . 203017-203025 VOID 203026 (G) Leonard Watten 203027 (G) Janice Haugen 203028 (G) Barbara Brancel 203029 (G) Robert Gagne 203030 (G) Kristi Stover 203031 (G) Laurence Whittaker 203032 (G) Sandra Kennelly 203033 (G) Susan Niccum 203034 (G) Anne Latter 203035 (G) Alan Rolek 203036 (G) Wendy Davis 203037 (G) Bradley Nielsen 203038 (G) Patricia Helgesen 203039 (G) Joseph Pazandak 203040 (G) Charles Davis 203041 (G) Dennis Johnson 203042 (G) Daniel Randall 203043 (G) Howard Stark 203044 (G) Ralph Wehle 203045 (G) Donald Zdrazil 203046 (G) Joseph Lugowski 203047 (L) Russell Marron 203048 (L) Christopher Schmid 203049 (L) John Thompson 203050 (L) Michael Koebensky 203051 (L) Brian Jakel 203052 (L) Mark Karsten 203053 (L) William Josephson 203054 (L) Susan Latterner 203055 (L) Dean Young 203056 (L) Scott Bennyhoff 203057 (L) Scott Bartlett 203058 (L) Lawrence Nelson 203059 (L) William Rhodes , ..c ....~~"~_.......~-.........""""'...,._"""".___......___.~_"~,.... I I $ , Approved hy c1- , .' J 7'1 C '1 u IflreWi 'to i '.. ~ e OiUICI . . j ), -~ 1 I f __9 f 1 1.------ " DATE '-~'-""-"-""~"'~"'~.~~""...., .. I I 80 Reg. Hours 80 Reg. Hours 80 Reg. Hours 67 Reg. Hours 80 Reg. Hours 74.63 Reg. Hours 80 Reg. Hours 80 Reg. Hours 80 Reg. Hours 80 Reg. Hours 80 Reg. Hours 82 Reg. Hours 80 Reg. Hours 80 Reg. Hours 80 Reg. Hours 80 Reg. Hours 35 Reg. Hours 80 Reg. Hours 14 Reg. Hours 18 Reg. Hours 34 Reg. Hours 18 Reg. Hours 80 Reg. Hours 37 Reg. Hours 80 Reg. Hours 37 Reg. Hours 32 Reg. Hours 33.5 Reg. Hours 31 Reg. Hours TOTAL LIQUOR TOTAL GENERAL TOTAL PAYROLL -3- 10.5 OT 10 OT 10.5 OT 10.5 OT 10.5 OT 10.5 OT $ 147.82 177 . 30 147.82 150.00 150.00 922.92 746.85 476.32 362.46 813 . 58 491.36 959.73 640.15 742.07 493.56 734.15 770.22 645.21 611.71 852.25 734.85 175.11 391.48 68.20 88.69 156.82 84.26 547.34 159.83 522.68 158.99 149.07 165.07 145.19 2,812.73 11,770.33 $ 14,583.06