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112690 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. NOVEMBER 26. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 1 M I NUT E S CALL TO ORDER Mayor Haugen called the meeting to order at 7:30 P.M. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Haugen. Councilmembers Gagne. Stover. Brancel and City Attorney Froberg. City Planner Nielsen. City Finance Director Rolek. City Engineer Norton. City Administrator Whittaker. Absent: Councilmember Watten REVIEW AGENDA Brancel moved. Stover seconded. to approve the Agenda with the following corrections: 1. Item 20 B - added. A review of the Planning Commission applicants. Motion carried - 4/0. APPROVAL OF MINUTES A. ELECTION CANVASS MEETING - NOVEMBER 8. 1990 Brancel moved. Gagne seconded. to approve the Canvassing Board Minutes of Nov. 8. 1990. Motion carried - 3/0 (Stover abstained) B. REGULAR CITY COUNCIL MEETING - NOVEMBER 13. 1990 Gagne moved. Brancel seconded. to approve the City Council Minutes of November 13. 1990. Motion carried - 4/0. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. NOVEMBER 26. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 2 COMMISSION REPORTS: A. PARK COMMISSION 1. Use of Park Dedication Fees Park Commissioner Dzurak addressed the Council. He said the Park Commission recommends the City use the remaining Park dedication fees for the entire Park system; based on the priorities established by the Park Commission. Gagne said the fees from the S. E. Area should remain ln that area. Dzurak said Silverwood Park is a main priority. The Council accepted the Park Commission's recommendation. The policy was not changed. 2. Payment Voucher No.1. Showcase Landscape - for Freeman Park Irrigation in the amount of $32.195.45. Park Planner Koegler said the irrigation Park is beyond 90% completed. The final to be completed today. (Nov. 26. 1990). payment. system at Freeman list of items was He recommended Gagne moved. Brancel seconded. to approve Payment Voucher No.1. Showcase Landscape - for Freeman Park Irrigation - in the amount of $32.195.45. Motion carried - 4/0. 3. Other The Commission also discussed the snowmobile use on the Hiking Trail. The Commission said the use should not be restricted. Gagne asked if these regulations would remain the same all season. He was concerned that the Council would discuss the subject of restricting snowmobiles again. Resident asked how far in advance the City Agenda is published. so that the snowmobile club can be aware of any changes in the regulations. Haugen said the Agenda is published the Friday before the meeting. Haugen said she would not vote on a discussion of snowmobiles. B. PLANNING COMMISSION Councilmember Stover said the Planning Commission recommended granting the two C.U.P items that are on the Agenda. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. NOVEMBER 26. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 3 . UPDATE ON UNDERGROUND TANK REMOVAL Public Works Director Zdrazil presented Tom Green, Consultant, with Applied Engineering. Mr. Green was on the site when the tanks were removed. He took soil samples and found the ground to be contaminated. He called the Minnesota Pollution Control Agency. Since there is an ongoing pollution situation at Fina, he said the City will have to wait until the Fina problem is resolved to get a final report on the site. More laboratory tests will need to be done. The City now has 100 Cu. Yd. of contaminated soil to dispose of. There are two ways to do this. 1. Land farm - the soil is spread out to aerate. 2. Burn - The material is burned at an asphalt plant. Green said the land farms are not available for dumping from Nov. through April and the asphalt plant have shut down for the year. The City will have to store the soil until spring. . Green said the cost to the City for disposal through Applied Engineering's will be about $8000.00. He said the City can be reimbursed by the PCA for 90% of the costs. Haugen asked the criteria for a land farm, because the City has just purchased an additional public works site. Green said the PCA has established criteria. He said one fifth of an acre would handle the City's soil. Gagne wants the soil disposed of immediately in the spring. Haugen asked Green if the soil would leach into the ground. Green said the PCA regulations require the soil to be covered by plastic, so there will be less leaching. Zdrazil said he talked to McCrossen & Co. They can dispose of the soil for $40.00 per cu. yd. Green said this probably does not include hauling. His firm would haul and dispose of the soil for $60.00 per cu. yd. Stover asked how long it will take to obtain a permit. Green said he will start the process immediately. He does not have a dumping site and will continue to look for one. 8:00 P.M. PUBLIC HEARING ON PROPOSED 1991 BUDGET RESOLUTION NO. 127-90 . The Public Hearing on the Budget was called at 8:00 P.M. Finance Director Rolek addressed the City Council. He told the Council the City Staff had looked at the growth of the City, additional services and the proposed capital improvements to prepare the budget for 1991. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 26, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 4 He said the Truth in Taxation statements that were mailed to residents stated that Shorewood's taxes will increase 10.2%; this increase is City-wide, not per parcel. Rolek stated that, in the last two years, $190,000 has been cut from the budget; $166,000 in local government aid was lost in 1989 and another $25,770 was cut by the State in 1990. Rolek said the City has grown from a population of 4604 in 1980 to 5890 in 1990 and most of this has been in the last four years. Taxable value has increased in the City due to new development. So, most of the budget and tax increases have been covered by taxes on new buildings. GENERAL FUND Rolek said the revenue for the General Fund is received sporadically. The City must carry a reserve for the first six months of the year. They generally have 50% of the budget in reserve. This amount is recommended by the State and the accountant. Haugen said the Administrator and Department heads have done a good job of budgeting. She asked the audience to give their names if they want to comment. BRUCE SULLIVAN - 4910 REGENTS WALK Mr. Sullivan asked how the 10.2% was determined. Rolek said it is the difference between 1990 tax levY and 1991 tax levy. Stover explained that more people are paying taxes in Shorewood and there is an increase in the number and value of homes. This means that not every parcel will have a 10.2% tax increase. DAVE ANDERSON - 6055 LAKE LINDEN DRIVE. Anderson asked how the City knows that houses have increased in value. Haugen said the increase in value is determined by the sales of houses in the area. The assessor visually checks 1/4 of the City each year. Anderson asked how the values are determined; do they use bank appraisals or County appraisals? Whittaker said the assessor uses whatever they can to get a value as close to market value as possible. The values must be as close to 92% as possible or the City is penalized. REVIEW OF BUDGET Resident asked why the State was slow in distributing money to the City. Haugen and Rolek said they didn't know why but it does take about 2 months to receive the money after the taxes are collected. Resident asked if the League of Minnesota Cities could sponsor a bill in the Legislature to correct this problem. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 26, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 5 . Haugen said they do lobby and citizens can contact their representatives in the legislature to help with the problem. DEPT #51 - MAYOR AND COUNCIL Rolek said most of the lncreases in this department come from salary increases, FICA and an increase in dues. He said money is set aside in this department for employee salary increases, which have not been determined yet or appropriated to departments. Haugen said the Council needs to be able to negotiate Staff salaries. Whittaker and Rolek said the proposed increase in the budget for wage and salary adjustments is 14.6%. She said any excess funds will be added to the contingency fund. Haugen and Gagne said the contingency fund is only used for emergencies. Resident asked about line 53, Subscriptions and Memberships. Why are these paid in the first five months of the year? Haugen and Whittaker said the majority of this money amount is the LMCD ($16,287) and the money is due January 1, 1991. DEPT 52 - ADMINISTRATOR . Rolek said the increase in this department was due to the addition of equipment maintenance cost to the budget. Haugen said the City is trying to make the budget reflect each department's expenditures spreading general expenses to the Department spending the money. DEPT 53 - GENERAL GOVERNMENT SERVICES Rolek said this department handles general government services, including elections. DEPT 54 - FINANCE Rolek said this budget decreased because of a shift in the salary of the Sr. Accounting Clerk to Utility billing. DEPT. 55 - PROFESSIONAL SERVICES Rolek said the major increases in this department are due to the transfer of the auditor from General Government Services, lncrease in the assessor's cost and an increase in Engineering costs. DEPT. 56 - PLANNING AND ZONING . Rolek said the main additions in this department are computer costs, recording secretary, planning & zoning computer software and a cellular phone. CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. NOVEMBER 26. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 . DEPT. 57 - MUNICIPAL BUILDING CITY HALL Rolek said there is a decrease in this department. Haugen said Line 63 - Other Improvements. is $10.000 because the City promised the neighbors they would buffer the area around the City Hall. DEPT. 58 - POLICE Mr. Sullivan said he thought the Police contract increase was 6%. why is the budget stating another 3%. Rolek said the police asked for 4 new encoders in the squad cars to activate the Civil Defense siren. Haugen said the State inspected the system for activating the sirens and said it was inadequate. The Police now have to enter the Excelsior City Hall and activate the siren. Whittaker said there has also been an increase in prisoner expense. The City is charged a daily rate by the County for prisoner expense. Shorewood's share of the SLMPSD Police contract, alone. increased just 3.94%. Shorewood's share of the SLMPSD budget is decreasing as the over-all SLMPSD budget increases. DEPT. 59 FIRE . Rolek said the City contracts with Excelsior and Mound for fire services. Haugen said the Fire Dept. sets this price and the City has no input. She said the new Council should try to have more input into the fire budget. Resident asked if the Fire Dept. gave a basis for the cost. Rolek said yes, they submitted a budget. Rolek said our share is based on property values. however. not demand. Haugen said Shorewood and Deephaven pay the most money. Whittaker said the Mound contract is based partly on the number of calls. He would like to see that type of contract with Excelsior. He also said Excelsior has not always budgeted enough for new equipment, so some years have a large increase for new equipment. Mound has a formulas for equipment replacement. Haugen stated that Excelsior would not have to purchase tankers. if Shorewood were on a water system. Bob Rascop also said the insurance rates are higher in Shorewood because there is no water system. DEPT. 60 - PROTECTIVE INSPECTION Rolek said there is an increase in animal control because we have more patrol. DEPT. 61-68 - PUBLIC WORKS . #61 - SERVICE Rolek said this increase is due to additional Park services. an increase in supplies and equipment reserves. Public Works Director Zdrazil said the City will need to replace a dump truck in two years at a cost of over $60.000. {~.\ .. . . . '. South lake Minnetonka Public Safety Department 810 EXCELSIOR BOULEVARD EXCELSIOR, MINNESOTA 55331-3095 RICHARD A. YOUNG Chief of Police (612) 474-3261 FAX (612) 474-4477 December 26, 1990 Mr. Bruce Sullivan 4910 Regents Walk Shorewood, MN 55331 t~r)f Dear Mr. Sullivan: I have just today received a copy of the City of Shorewood City Council minutes of the meeting on Monday, November 26, 1990. In those minutes I see that you enquired as to expenses in the Police section of the budget. From the minutes, copy enclosed, I can see that you had and were given some erroneous information. _ I do not know what is all in that portion of the city budget. But I can speak to the line items on police contract and civil defense. The City of Shorewood police contract went from, $354,149.99 to $368,102.16. This is an increase of 3.94%, not 6% as the minutes indicate you thought it was. I do not know what the figures in the budget were for the new encoders, but my estimate was for $1,500.00. The State did not inspect our system and, in fact, has no one that does that type of thing. The reason for requesting these does have to do with our method of activation. Prior to this year, the sirens were activated automatically by Carver County. However, they changed their entire system. To make our sirens compatible to their new system would have cost in excess of $25,000. The new encoders will allow the sirens to be activated from any of the patrolling police cars. This may be even a better system than the old one. Currently we must go to the police station to activate the sirens, not the Excelsior City Hall as reported in the minutes. As I stated above, I do not know about any of the other expenses charged to the Police section of the budget, such as the prisoner expense. But, I wanted to correct the information that was reported in the minutes. ~rely, ~,~t) (:).\~~ CS'/ Richard A. Young/ ~ Chief of POliC\ ~. ......... '- cc: Mayor-elect Brancel Serving South Lake Minnetonka Communities of Excelsior, Greenwood, Shorewood and Tonka Bay j!ITY OF SHOREWOOD ..... REGULAR CITY COUNCIL MEETING .' MONDAY, NOVEMBER 26, 1990 /' . . . COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 6 DEPT. 57 - MUNICIPAL BUILDING CITY HALL Rolek said there is a decrease in this department. Haugen said Line 63 - Other Improvements. is $10.000 because the City promised the neighbors they would buffer the area around the City Hall. DEPT. 58 - POLICE Mr. Sullivan said he thought the Police contract increase was 6%. why is the budget stating another 3%? Rolek said the police asked for 4 new encoders in the squad cars to activate the Civil Defense siren. Haugen said the state inspected the system for activating the sirens and said it was inadequate. The police now have to enter the Excelsior City Hall and activate the siren. Whittaker said there has also been an increase in prisoner expense. The City is charged a daily rate by the County for prisoner expense. DEPT. 59 FIRE Rolek said the City contracts with Excelsior and Mound for fire services. 'Haugen said the Fire Dept. sets this price and the City has no input. She said the new Council should try to have more input into the fire budget. Resident asked if the Fire Dept. gave a basis for the cost. Rolek said yes. they submitted a budget. Role]< said our share is based on property values. however. not demand. Haugen said Shorewood and Deephaven pay the most money. Whittaker said the Mound contract is based partly on the number of calls. He would like to see that type of contract with Excelsior. He also said Excelsior has not always budgeted enough for new equipment. so some years have a large increase for new equipment. Mound has a formula for equipment replacement. Haugen ~tated that Excelsior would not have to purchase tankers. if Shorewood were on a water system. Bob Rascop also said the insurance rates are higher in Shorewood because there is no water system. DEPT. 60 - PROTECTIVE INSPECTION Rolek said there is an increase in animal control because we have more patrol. DEPT. 61-68 PUBLIC WORKS =11=61 - SERVICE Rolek said this increase is due to additional Park services. an increase in supplies and equipment reserves. Public Works Director Zdrazil said the City will need to replace a dump truck in two years at a cost of over $60.000. I.~ . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 26, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 7 =11=62 - CITY GARAGE Rolek said this department has a $12,000 increase due to removal of fuel tanks. Two fuel tanks are being removed in 1990 at a cost of $20,000 with soil clean-up costs. =11=63 - STREETS AND ROADWAYS Rolek said there lS an lncrease ln expenditures for supplies. Bob Rascop asked about the State Aid for highways. Rolek said the budget does not reflect this because it is a pass through. There is $150,000 available for MSA roads. Whittaker said, if the funds were used the roads must be constructed to the State specifications. The funds may be used for Vine Hill Road and Old Market Road. But, they aren't budgeted until a project is planned and approved by the Council. Resident asked if the money should be reflected in the budget. Whittaker said the money can only be used if the project is applied for. He also said the money reflected in the budget must be only what is spent. Stover said most roads in Shorewood do not qualify for the funds. The roads must be upgraded to State standards if a project is ordered and many residents don't want that type of street, with curb, gutter and storm sewers. =11=64 - SNOW AND ICE REMOVAL Rolek said this department shows a slight increase. =11=65 - TRAFFIC CONTROL - STREET LIGHTING Haugen said new semaphores will be installed along HwY. 7. She wants the new Council and Administrator to make certain the costs to maintain the semaphores are divided equally among the cities involved. Whittaker said many residents have been asking for street lights. Everyone in the City pays for the cost of power for these new lights; but not everyone has the benefit. Sullivan asked where the excess in over time salaries in Dept. 64 is placed. Whittaker said there was little snow last year, so the excess was added to the contingency fund. However, in a year with normal snow falls the $5000 could be used very quickly. *67 - SANITATION Rolek said the annual Spring Clean-Up cost $20,000 this year. Only $6000. was received in fees. The fees for dumping have increased dramatically but fees haven't. The City is reimbursed for 80% of the recycling costs. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 26, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 8 Resident asked if recycling is effective. Stover said the City has made it's recycling goal every year. The residents are responding very well. Haugen said there is a recycling incentive of $25.00 each week. Resident asked if the City will receive any of the value of the aluminum? Whittaker said the City will receive a portion of the value in 1991. *68 - TREE MAINTENANCE Haugen said the City is no longer required to remove trees with Dutch Elm disease. They only remove trees on City property now. There is no State program to reimburse residents, now. *69 - PARKS & RECREATION/BEACHES Rolek said this department has had a significant increase. The increase is due to shifting the maintenance expense from Public Works to Parks, 50% of the Parks Secretary salary and the addition of one maintenance person. There has also been an increase in material for the Parks. BREAK - 9:30 - 9:40 DEPT. 70 - CAPITAL IMPROVEMENTS Rolek said the Capital Improvements budget has had the greatest increase. The budget has included money for a public works site, Parks and road improvements. Haugen said the current Public Works site is actually on Park land. The land for a new site has been purchased; but, the City needs to set aside money for a new building. Rascop asked how the City had used money from pre-paid bonds. Rolek said the money had been used for purchase of the Public Works land, irrigation in Freeman Park and underground tank removal as well as to retire other bonds. Rolek said the additional levY of $63,112 will put the City up to the levy limit. The City must certify the budget by Sept. 1. The budget can be decreased but not increased after that date. So, the maximum levY was proposed in September to give the Council flexibility. Resident asked target date for the new Public Works site. Rolek said the building will be built in three to five years. Haugen said a salt-sand building will be built in 1991. Resident asked what excess was left over from 1989? Rolek said the excess was $180,000. Haugen asked if the Council wanted to take out the additional $63,112. Brancel, Gagne and Stover agreed to keep the money in the budget. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 26, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 9 DEPT. 71 - CONTINGENCY Whittaker said this budget remained the same. He would advise keeping this amount; at least. DEPT. 79 - WATER FUND Rolek said this fund has consistently run a deficit; it is currently -$250,000. He said the fund now has a positive cash flow, at least. Haugen said the City will be enforcing a water shut-off policy. Whittaker said the water fund is supported by the users. Haugen added, except for the $16,000 for bonds which are levied over the entire City. DEPT. 80 - WATER FUND EXPENDITURES Haugen said some water meters have been stuck and need repair. The City purchases some water from Excelsior, Minnetonka and Tonka Bay for residents. DEPT. 81 - SEWER FUND REVENUES Rolek said there is an increase in this department due to the construction of new homes and an increase in SAC charges. DEPT. 82 - SEWER FUND EXPENDITURES Rolek said the MWCC charge for sewer treatment is high; it increased $34,000. Haugen asked the new Council to continue to discuss these charges with the MWCC. Resident asked if the City has done a flow analysis? Engineer Norton said this is the third year of an I and I analysis and main rehabilitation. It has been very effective. Rolek said the budget includes fund for lift station replacement. Haugen asked the audience if they had any further questions. Bob Rascop asked how much the staff has increased in the past year. Whittaker said one and one half persons have been added in Public Works- for parks - and a contract position was replaced with a full time employee in 1989. Rolek said the salaries have increased 5% in Public Works. Haugen said the Public Works Dept. has a labor negotiator. The Council sets the staff salaries based on merit, tenure and salary levels for Cities of Shorewood's size. Whittaker said he has recommended a 4.1% salary increase in pay ranges for the staff in 1991. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. NOVEMBER 26. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 10 Resident asked how the City will cope with the Fair Share Policy. said the Cities will have a problem. He said the Metro area legislators want this policy. Whittaker said that more taxes because of the equalization of area legislators encourage the lower valued homes. He will be paid outside the Metro area property values. This is why the Metro policy. However, taxes may increase on 10:18 THE PUBLIC HEARING ON THE BUDGET WAS CLOSED. Brancel moved. Gagne seconded. to adopt RESOLUTION NO. 127-90 "A Resolution Approving the City of Shorewood 1991 General Operating Fund. Water Fund and Sewer Fund Budgets and the Property Tax Levy 1991. ., Motion carried - 4/0 on a roll call vote. 9:00 P.M. - PUBLIC HEARING ON THE RESOLUTION NO. 128-90 FEASIBILITY OF CONSTRUCTING CERTAIN IMPROVEMENTS TO THE SHADY HILLS DRAINAGE SYSTEM Haugen called the Public Hearing at 10:20 P.M. City Engineer Norton presented the Feasibility Report on the Shady Hills Drainage System. He presented the Subwatershed Boundary Map and a list of the benefitted properties. These properties are identified as Storm Sewer Tax District, Shady Hills. The estimated project cost will be $35,000.00. This improvement will require easements from the Almquist property Lot 5, Block 2, and his neighbor Lot 6, Block 2. Norton said the project is feasible and can be constructed as a separate project. Haugen asked if the audience had any comments. Whittaker said the tax for the improvements is based on the value of the property. Haugen asked if there were any other comments. Resident (neighbor of Mr. Almquist) asked how to gIve an easement. Haugen said he could talk to Mr. Almquist and they could each give an easement to the City. He said he would talk to the Staff about this. Haugen asked for comments three times and closed the Public Hearing at 10:35 P.M. Stover said the Council had received a letter from Mr. Johnson questioning his inclusion in the Taxing District. Norton said he had looked at his property on the topographical map and felt he should be included. Whittaker agreed with him. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. NOVEMBER 26. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 11 Froberg said Mr. Johnson will get a notice of his assessment and prior to or at the Public Hearing he can lodge a complaint. He can then appeal to the District Court. Stover moved. Gagne seconded. to adopt RESOLUTION NO. 128-90 "A Resolution Authorizing the City Engineer to prepare Plans and Specifications for Storm Sewer Improvements in the Shady Hills Subwatershed." Motion carried - 4/0 on a roll call vote. Gagne asked if the Council has agreed to establish Special Taxing Districts for drainage projects. He said this could become a problem. Brancel said she had asked before if the Districts had to be used, once they were established and was told they did not. Haugen said the Council is not obligated to use them. C.U.P. - FILLING IN EXCESS OF 100 CUBIC YARDS APPLICANT: DUANE BARTHEL LOCATION: 24155 WOOD DRIVE The City Engineer reviewed the grading plan prepared by Meyer-Rohlin and found it acceptable. He visited the site and looked downstream to assure there were no problems. Based on the Engineer's report Planner Nielsen recommended granting the C.U.P. subject to the applicant planting seed or sod no later than June of 1991. Stover said the Planning Commission recommended granting the C.U.P. Brancel moved. Stover seconded. to authorize the City Attorney to prepare Finding of Fact for the approval of a C.U.P. for Duane Barthel Motion carried - 4/0 on a roll call vote. APPEAL NOTICE TO REMOVE APPLICANT: TAD SHAW LOCATION: 5580 SHORE DRIVE Mr. Shaw addressed the Council and said he is in the process of licensing one of his cars. He said he cannot find a garage for the other car. He asked for an extension of two weeks. Nielsen said all other vehicles have been licensed. Gagne said the Council usually allows a 30 day extension. Stover moved. Gagne seconded. to grant an extension until December 31. 1990. for the Notice to Remove for Tad Shaw. 5580 Shore Drive. Motion carried - 4/0 . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 26, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 12 APPEAL FROM ZONING VIOLATION APPLICANT: DAVID RYAN LOCATION: 25560 SMITHTOWN ROAD Planner Nielsen said the matter has been satisfactorily taken care of and a neighbor wrote a letter commending Mr. Ryan. APPEAL NOTICE TO REMOVE APPLICANT: KEITH MADONNA LOCATION: 23885 CLOVER LANE Mr. Madonna addressed the Council and said he has not had time to restore the pool liner in his pool and would like an extension of time. Planner Nielsen said the pool liner is the only item left to be removed. Brancel moved, Gagne seconded, to grant a 30 day extension to Keith Madonna to either install a fence around his pool or remove the pool. If a fence is installed, the pool must be repaired by June 1, 1991. Motion carried - 4/0. C.U.P. - TEMPORARY WARMING HOUSE MANOR PARK RESOLUTION NO. 129-90 APPLICANT: CITY OF SHOREWOOD LOCATION: MANOR PARK . Stover said the Planning Commission recommended granting a one year C.U.P. for a temporary warming house. They felt the Council should be reminded of the need for a permanent structure. Gagne moved, Brancel seconded, to adopt RESOLUTION NO. 129-90 IIA Resolution Granting a One Year C.U.P. for a Temporary Warming House at Manor Park. II Motion carried - 4/0 on a roll call vote. REQUEST FOR REDUCTION OF ESCROW - FOX RUN WEST RESOLUTION NO. 130-90 APPLICANT: FULLERTON PROPERTIES LOCATION: FOX RUN WEST Norton said Fullerton Properties has requested reduction of their escrow account for Fox Run West to $27,000.00. He said OSM has inspected the project throughout its construction and the work has been done satisfactorily. He recommends reducing the escrow account subject to the submission of a maintenance bond in the amount of $65,674.05. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 26. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 13 Nielsen said he would like to make sure the outstanding bills are current and lien waivers are acquired. Gagne said this procedure should be automatic. Gagne moved, Stover seconded, to adopt RESOLUTION NO. 130-90 IIA Resolution Reducing the Escrow Account for Fox Run West to $27.000.00, subject to submission of a maintenance bond in the amount of $65,674.05.11 Motion carried - 4/0 on a roll call vote. ACCEPTANCE OF IMPROVEMENTS - SWEETWATER AT NEAR MOUNTAIN. 4TH ADDITION APPLICANT: LUNDGREN BROS. CONSTRUCTION LOCATION: SWEETWATER - 4TH ADDITION RESOLUTION NO. 131-90 Nielsen said the streets have been brought up to grade and a guarantee bond has been received from the contractor. Norton recommended accepting the streets. Gagne moved, Stover seconded, to adopt RESOLUTION NO. 131-90 IIA Resolution Accepting the Street Improvements at Sweetwater at Near Mountain, 4th Addition. II Motion carried - 4/0 on a roll call vote. WATERFORD III A. Review amended contract for tax increment financing by and between the City of Shorewood and Sherman-Boosalis. Whittaker said Trivesco will not sign the contract as is. The City received a new proposal from them today (Nov. 26). A similar proposal was discussed a year ago but the Staff thought the Developer would not agree to it. The new proposal has less risk for the City. If the original contract is not signed by Dec. 1, 1990 the agreement is null and void and the City is free to negotiate new terms. B. Review amended assessment agreement between the City of Shorewood and Sherman-Boosalis. Froberg said the alternative security agreement is a contract between the developer, the City and a bank. The bank provides a line of credit for the developer to draw on. There is no interest charged until the money is drawn. This money is also available to the City to complete the project if the developer defaults. Gagne asked Froberg what would happen if there is no contract by Dec. 1. Froberg said the City will no longer be obligated. Gagne asked Froberg about the Old Market Road/T.H.7 intersection. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. NOVEMBER 26, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 14 Froberg said the original contract calls for the City to cooperate with the developer to install an intersection and seek financing. Froberg said the proposed assessment agreement stated the multiple family homes to have a value in the $200.000 range. Trivesco said their exposure was too high and wanted lower housing values. Gagne said the Council should have Bob Thistle's opInIon. Whittaker said Thistle always reviews the financial agreements. However. he may not be able to do this by Dec. 3. Gagne moved, Brancel seconded. to table the Waterford III contract and assessment agreement to the Dec. 10 meeting. Motion carried - 4/0. REVIEW CONTRACT FOR 1990 AUDIT SERVICES Stover moved, Gagne seconded, to accept the services of Abdo, Abdo & Eick as auditors for 1990. Motion carried - 4/0 UPDATE ON PROPOSED RECYCLING SERVICES FOR 1991 The Council review the recycling proposal for 1991. The final contract will be available at the Dec. 10th meeting. REVIEW ALTERNATIVES FOR CHURCH ROAD IMPROVEMENTS AND CONFIRM THE PUBLIC HEARING ON THE PROPOSED IMPROVEMENT FOR DECEMBER 10, 1990 AT 9:00 P.M. Whittaker reported that the residents are reluctant to grant easements for the project. The City will have to pay for all the resident's easements or none. This will add $39.000 to the cost of the project. There will be no extension of Maple Lane. A cul-de-sac will be added. The Public Hearing will be held on Dec. 10. MATTER FROM THE FLOOR LMCD Rep. Rascop told the Council the LMCD offices were being moved to the Wayzata Bank Building. He asked Brancel and one staff member to attend the LMCD meeting on Dec. 12th. Planner Nielsen will attend with Brancel. He asked the Council if they had questions on the City's part of the LMCD budget. Whittaker said the City would like to see the LMCD change their deadline for budget approval. He said it is difficult for the City to approve the LMCD budget before they approve their own. Rascop said the LMCD would have to ask the legislature to do this and they do not want to return to the legislature with more requests. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY. NOVEMBER 26. 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 15 Haugen asked for matters from the floor three more times. There were none. STAFF REPORTS A. ADMINISTRATOR1S REPORT 1. Annual Appreciation Party Whittaker said the party will be Dec. 14, 1990 from 4-8. The invitations will be sent Tuesday, Nov. 27, 1990. 2. Council Workshop with newly elected officials, December 3, 1990, at 7:30 P.M. Brancel said she thought the entire staff would be meeting with the new Councilmembers. Councilmember Elect Lewis said he thought the staff could provide the information, but would attend the meeting. Councilmember Elect Dougherty said he would attend. Haugen said the Workshop will be held to inform the new members of current Council business. Dougherty and Lewis asked when they will be able to meet the staff. Whittaker said any day they choose. 3. Contract for assessing services, 1990-1991 Stover moved. Gagne seconded. to approve the contract for assessing service with Rolf Erickson, for 1990-91. Motion carried - 4/0. BREAK 11:30 TO 11:40 COUNCIL REPORTS. A. MAYOR HAUGEN B. COUNCI LMEMBERS Gagne said he talked to Woody Love of the Watershed District. Love walked the Glen Road property and said there would be no standing water unless there was a lot of rain. There are 12 trees and 9 are already dead. He though the City would not have to spend $1500 to analyze the report again. Norton said Pond 2 was never suppose to hold water. Norton said he would revise the feasibility report and have the Watershed District review it. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, NOVEMBER 26, 1990 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD PAGE 16 Checks issued since November 9, 1990 GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02 LIQUOR $59,518.02 TOTAL CHECKS ISSUED Checks for Council approval Checks No. 5714-5750 CHECK REGISTER FOR NOVEMBER 20. 1990 PAYROLL Checks no. 204612/204679 LIQUOR $3,180.15 RESPECTFULLY SUBMITTED Katie Snyder Recording Secretary ADMINISTRATOR/CLERK LAURENCE E. WHITTAKER GENERAL $11, 371. 46 $70,889.48 TOTAL CHECKS FOR APPROVAL $ 74,872.83 TOTAL CHECK APPROVAL LIST $145,762.31 GENERAL $15,636.29 TOTAL CHECKS ISSUED $18,816.39