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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY. DECEMBER 9. 1991
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
PAGE 1
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M I NUT E S
1.
CALL TO ORDER
A. PLEDGE OF ALLEGIANCE
B. ROLL CALL
Present: Mayor Brancel. Councilmembers Gagne. Stover.
Daugherty and Lewis, City Administrator Hurm, City Attorney
Sellergren, City Engineer Dresel, City Finance Director
Rolek and City Planner Nielsen.
Absent:
Mayor Brancel introduced Cub Scouts from Pack 460.
C. REVIEW AGENDA
Stover moved. Gagne seconded to approve the Agenda with the
following deletions:
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Brancel asked that item 2 B and item 6 be removed and items
6 A - 1991 Transfer of Funds and 6 B - Payment Request for A & K
Construction.
Motion carried - 5/0
2. APPROVAL OF MINUTES
A. City Council Meeting - November 18, 1991
Gagne moved. Stover seconded to approve the City Council Meeting
Minutes of November 18. 1991.
Motion carried - 5/0
3.
CONSENT AGENDA
RESOLUTION NO. 123-91
Stover moved. Daugherty seconded to approve the Consent Agenda
and Adopt the Resolutions Therein:
A. Motion to Approve RESOLUTION NO. 123-91 "A Resolution Adopting
a C.U.P. for Temporary Park Shelter Building - Manor Park"
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B.
Motion to Approve a Pay Request - Hardrives. Inc. - Old
Market Road
Motion carried - 5/0
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9. 1991 - PAGE 2
4. COMMISSION REPORTS:
A. Planning Commission
Council Liaison Stover reported that the Planning Commission had
continued their review of the Capital Improvement Program. They
recommended approval subject to annual review by the Planning
Commission and City Council. The Commissioners also said the
Park section of the CIP is not their area, Stover said the
Commission said the CIP should be reviewed with the Compo Plan
to be sure they coincide.
B. Park Commission
Council Liaison Lewis reported there was no Park Commission report.
5. INTRODUCTION OF JOINT PROSECUTING ATTORNEY KENNETH N. POTTS
Mayor Brancel welcomed Kenneth N. Potts as the City's Prosecuting
Attorney.
Potts thanked the Mayor and Council and said he will be starting
January 2, 1992.
Councilmember Daugherty asked Potts to explain his position to the
Cub Scouts in the audience.
Potts said he prosecutes all misdemeanor and gross misdemeanor
charges for the City and all Ordinance violations. He said these
cases are tried before a jury. He said he does not prosecute
felony murder charges.
Brancel explained Potts will also be the prosecuting attorney for
Tonka Bay and Excelsior.
6.
A.
1991 TRANSFER OF FUNDS
RESOLUTION NO. 124-91
Finance Director Rolek explained the following fund transfers:
$25,000
$105,000
$338,112
$67,600
$8,000
$12,000
from
from
from
from
from
from
Liquor Fund to
General Fund to
General Fund to
General Fund to
Water Fund to
Water Fund to
General Fund
Equipment Replacement Fund
Salt/Sand/Pub.W. to
Pine Bend Water Imp. Fund
Pine Bend Water Imp. Fund
Old Market Rd/HwY 7 Imp.Fd.
Gagne moved, Lewis seconded to adopt RESOLUTION NO. 124-91 "A
Resolution Authorizing the Transfer of Funds."
Motion carried - 5/0
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9. 1991 - PAGE 3
~ PAYMENT REQUEST A & K CONSTRUCTION
Noel Vogen. Associated Consultants Engineers. Inc. explained that
the treatment facility is nearly completed. He said there are some
small items to be completed and the commissioning phase will be
started and completed by Christmas. The plant will be shut down.
drained and painted inside.
Vogen said the landscaping was not able to be finished this year
because of the early snow and will be finished in the spring.
Councilmember Gagne asked when the area residents can expect
treated water. Vogen explained the system will be online the
second week in January. however. it will be several weeks before
the treated water will work through the system.
Stover asked how long before a house can anticipate their system
will be free of rust. Vogen said it can be a couple of months and
there may be some rust particles for up to one year.
Stover asked if the system can be flushed to speed UP the process.
Vogen said they will not empty the tower for two reasons:
the City will lose fire protection during that time and it can
upset the iron oxide content of the water which causes it to turn
red.
City Engineer Dresel said he received several calls from residents
inquiring when they can remove their water treatment devices.
He advised the residents to wait two to three months. Vogen
concurred with that estimate.
Lewis moved, Gagne seconded to approve Payment Request No. 5 in the
amount of $42.820.26 to A & K Construction. Inc.
Motion carried - 5/0
7. PROPOSED ORDINANCE AMENDING CHAPTER 902 OF THE SHOREWOOD CITY CODE
ADOPTING ANNUAL METER READINGS - FIRST READING
Rolek stated the Council had discussed mailing cards to residents
to read their meters. The discussion was initiated when the
Munitech contract was reviewed. Munitech indicated they would
charge $9600 to physically read the City's meters.
Rolek said the proposed Ordinance amendment would provide for
mailing cards to residents before May 1 and ask them to be returned
by May 20. A late fee would be added after May 20. which is to be
fixed by the Council. He said the City will adjust any meters out
of calibration in excess of 10.000 gallons. The City charges $1.43
per 1000 gal. of water.
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9, 1991 - PAGE 4
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Rolek explained there will be a one year grace period in which the
City will match up the meters. After May 1 of 1993, the reading
will be the resident's responsibility.
Stover asked what will happen if there is a malfunction of the
meter.
Rolek said the meter can be tested.
Stover asked if the City will refund a difference In favor of the
resident.
Rolek said they will use the inside meter reading and refunds are
provided for in another section of the Ordinance.
Lewis asked if there is a prOVISlon for a reminder notice to
residents. Rolek said it is not in this amendment, a late fee
will be added to the utility bill.
City Attorney Sellergren said a reminder notice can be done
administratively but is not included in the code.
Stover asked how residents will know about the amendment and the
grace period. Rolek said the City will publish information in
the newspaper and the City newsletter.
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Hurm suggested they change the due date from May 1 to May 20, 1993
to allow one full year to adjust to the card and send a reminder
notice to residents that do not respond. He said after that date
the return of the card becomes the resident's responsibility.
Rolek said the amendment to the Ordinance is being done to avoid
overcharging residents and it is in their best interest.
Stove moved, Gagne seconded to accept the first reading of An
Ordinance Amending Chapter 902 of the Shorewood City Code Adopting
Annual Meter Readings with the date change to May 20, 1993.
Motion carried - 4/1 (Gagne)
Gagne said he would like to have the meters physically read once
a year.
Daugherty asked if the City could spot check about 5% of the meters
once a year.
Hurm and Rolek said this can be done, however, it will be costly.
Stover said the City can review the percentage of cards returned
by residents and then reconsider the Ordinance.
8. ORDINANCE AMENDING CHAPTER 403 OF ORDINANCE NO. 248
THE SHOREWOOD CITY CODE AUTHORIZING ISSUANCE
OF ON-SALE INTOXICATING MALT LIQUOR/WINE LICENSE
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Stover moved, Gagne seconded to approve the second reading of
ORDINANCE NO. 248 "An Ordinance Amending Chapter 403 of the
Shorewood City Code Authorizing Issuance of On-Sale Intoxicating
Malt Liquor/Wine Licenses",
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9, 1991 - PAGE 5
Motion carried - 5/0
Daugherty asked the reason for the change in the Ordinance.
Stover said this Ordinance allows wine and malt liquor to be sold
on sale in the City. She said their is an application pending for
a license at the site of the old Country Kitchen.
9. A MOTION ADOPTING THE 1992-1996 CAPITAL IMPROVEMENT PROGRAM
Brancel said the City has held Public Hearings on the Capital
Improvement Program. If residents have not attended one of the
hearings they can obtain a copy of the Plan at the City Hall.
Stover asked about the annual review process.
Hurm said the Planning Commission was concerned about the review
process. He said the CIP and Comprehensive Plan will be tied
together. The Planning Commission will review them. He said the
CIP is a physical as well as financial plan. The Council will
have work sessions to review the CIP to be sure it is consistent
with the Compo Plan. There will be no Public Hearing.
Stover said the public can have input at the Planning Commission
meeting and the Council meeting.
Hurm said the Council has directed that all Council meetings be
televised.
Stover asked what time of year the CIP will be reviewed. Hurm said
in 1992 the review will be ongoing but thereafter, it will be
reviewed during the budget process.
Lewis asked Hurm if the Council is approving the project schedule
detailed in the Plan.
Hurm explained the Council will adopt the Plan, with the first
motion and then pass a Resolution adopting the CIP budget for
1992.
Daugherty moved, Lewis seconded to adopt the 1992-1996 Capital
Improvement Program.
Motion carried - 5/0
10. A RESOLUTION ADOPTING THE CAPITAL
IMPROVEMENT BUDGET FOR THE YEAR 1992
RESOLUTION NO. 125-91
Daugherty moved, Gagne seconded to adopt RESOLUTION NO. 125-91 "A
Resolution Adopting a Capital Improvement Budget for the Year
1992."
Motion carried - 5/0 on a roll call vote.
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9. 1991 - PAGE 6
11. PROPOSED PUBLIC WORKS FACILITY:
A. Report on Needs Assessment
Nicholas Ruehl and Gordy Metcalf of EOS Architecture presented the
preliminary recommendation for the Shorewood Public Works Facility.
Ruehl informed the Council that they had talked to the staff
concerning the needs for the facility.
One of the primary questions was whether the needs will drive the
project or if there is a specific budget amount.
He said the salt/sand storage site grading has already been
started.
Metcalf said he has been very pleased with the cooperation of the
City staff and OSM. He said Public Works Director Zdradzil was
especially helpful.
He said there has been a conflict between the wants and needs of
the City. He said this conceptual plan presents basic needs. One
new stall for a dump truck was added and provision was made to add
additional parking stalls in the future.
Ruehl said an inventory of all equipment was taken and they
calculated the amount of storage space needed as well as providing
for maneuvering the equipment. Ruehl showed the site plan for
the building and explained there is room provided for additional
expansion. The total square footage of the building is 16,428 Sq.
ft. The building has two main doors with adequate room for
maneuvering the equipment. He said each stall has room for storing
equipment attachments.
B. Review of Project Budget
Ruehl said the cost of the project exceeds the funds
available.
He said the Council must decide if the building should
be reduced or if additional funds can be obtained.
Ruehl asked Zdradzil if he wished to comment. He did not.
Gagne asked Hurm how the City will finance the additional
expense of the project.
Hurm said the project is almost at budget if funds are not needed
but we have to anticipate some contingencies will arise requiring
funding. He said the City can bid out the project and if the bid
comes in good, there won't be much need for a contingency.
However, if the bid is $50,000 to $100,000 over estimate then the
Council can decide how to proceed.
Lewis asked Ruehl how $100,000 can be cut from the budget.
Ruehl said it will be hard without cutting the square footage of
the building.
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9, 1991 - PAGE 7
Lewis asked him if the outside of the building could be changed
or a different material used.
Ruehl said they plan to use precast plank which is durable for
long term use, however, they can use concrete block which would
save money. He said the center drive aisle could be a logical
cut but the space is needed to maneuver equipment.
Stover asked if there are any other ways to cut the project.
Ruehl said a detention pond was added to the project at a cost
estimate of $45,000. He said the site development costs of this
project are high. Ruehl stated that the building is greater in
size and scope than originally intended because the needs are
greater than anticipated.
Hurm stated the City had not anticipated a detention pond in the
project.
Stover said the building has been needed for so long that the City
should go ahead.
Ruehl stated the bid climate is the greatest variable in a
project. He expects the climate to be good.
Daugherty asked if there are other design variations from the open
space building, such as double parking.
Ruehl said they designed that kind of building in Waconia. He said
the drive through design is much more efficient.
Gagne agreed with him.
Stover asked what action will be needed.
Hurm said the Council should direct EOS to prepare plans and
specifications for bid and then come back to the Council to
explain the preliminary dollars needed.
Stover asked Ruehl the best time for bidding.
He said January or February is best but the plans and
specifications will not be ready until March, which is still a good
time for bidding.
C. Motion Directing the Architect to Proceed with Plans and
Specifications.
Stove moved, Gagne seconded to authorize the preparation of plans
and specifications by EOS Architecture for the Public Works
Facility, with the provision they return to the Council with
interim progress reports.
Lewis said some projects have come in high recently and asked if
the Council wants some contingency plan for scaling down.
Stover said they can wait for the bid and then consider scaling
down.
Ruehl said the contractor bids are good for 30 days and they can
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9, 1991 - PAGE 8
be rejected. He said they will be returning to provide interim
progress reports while the plans are prepared.
Motion carried - 5/0
12. COMPARABLE WORTH/PAY EQUITY PLAN:
RESOLUTION NO. 126-91
RESOLUTION NO. 127-91
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Hurm said this Comparable Worth/Pay Equity Plan will bring the
City in compliance with State law. He said funds were included
in the 1991 budget and some job descriptions have been changed.
Hurm explained that the 1991 Pay Equity Plan must be reported to
the State by the end of the year.
Hurm said the Pay Equity Plan is required by State Statute.
Daugherty asked how confident Hurm is that this brings the City
into compliance with State Statute.
Hurm stated he hopes the City will be in compliance. The final
regulations have not been established by the State so it is
difficult to be certain.
Daugherty asked what are the affects long term of this Statute.
Will this Statute have the affect of raising salaries among
municipalities that adopt the plan.
Hurm explained there is a difference between comparing salaries
between cities and comparable worth/pay equity. He said there
are traditionally female positions that are underpaid and these
salaries will rise. He said this is the intent of the law.
Stover said the Stanton Report is used by cities to base salary
adjustments. She said the City can use the State study of
municipal job ranking and the City has to rank it's job description
comparably. Stover said this process started at least six years
ago and the State has changed it's guidelines many times. She
said Hurm has done a good job with this plan.
Lewis agreed and said it is amazing the State has the ability to
mandate what the market can't.
Stove moved, Gagne seconded to adopt RESOLUTION NO. 126-91 "A
Resolution Adopting a Pay Equity Plan for the City of Shorewood
as Required by State Statute."
Motion carried - 5/0
Lewis moved, Stover seconded to adopt RESOLUTION NO. 127-91 "A
Resolution Adjusting 1991 Salaries and Amending Corresponding
General Fund Budget Line Items. II
Motion carried - 5/0
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9. 1991 - PAGE 9
Stover moved, Lewis seconded to adopt RESOLUTION NO. 128-91 II A
Resolution Adjusting 1992 Salaries and Amending Corresponding
General Fund Budget Line Items. II
Motion carried - 5/0
13. MATTERS FROM THE FLOOR
Bob Rascop - LMCD Representative reported on the LMCD plan to
prevent the introduction of the Zebra Mussel into Lake Minnetonka.
He said there was a lot of discussion about the mussel at the last LMCD
meeting. The information presented indicated the mussel attaches to
boats and objects in the water and can have devastating consequences in
the lake.
Rascop said the DNR, Homeowner's Associations and the LMCD want to
institute measures to prevent the introduction of the mussel into Lake
Minnetonka. He said the LMCD will not proceed with these regulations
unless they have the support of all 14 cities in the LMCD.
Rascop detailed the proposed regulations and said fishing groups have
already indicated they are opposed to them. He said the DNR is opposed
to a fee and certificate for entrance onto the lake. They also expect
marinas to oppose them. The proposed rules are as follows:
1. Maintain a limited number of high quality public and private
accesses, closing remaining accesses.
2. Attend operating accesses up to 24 hours daily, depending upon the
access, season and weather. Operating accesses will be closed during
unattended periods.
3. Authorize licensed marinas and car washes to operate a user-fee
supported total boat cleaning service, from which a "certificate" will
be issued for all boats entering the lake from an attended operating
access.
4. Boats with "certificates" are allowed lake entry at attended-
operating accesses, subject to an access fee for entry verification and
departure inspection for Eurasian water milfoil contamination. Dealer-
certified new boats exempt at first launch with proof of purchase.
5. Restrict live bait use in the lake to bait from certified zebra
mussel and EWM free sources.
6. Greatly increase the number of available boat rentals of all types.
7. Increase the number of short term storage rental slips on the lake.
Rascop said the LMCD thinks if these regulations are not enforced, the
mussel will enter the lake.
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9. 1991 - PAGE 10
Lewis asked Rascop how the LMCD will obtain the necessary funds. Rascop
said they will need 1/4 million to 2 million and this can probably be
generated by the fees charged for cleaning the boats.
Lewis said the outcry will be great if the LMCD cuts access points to
the Lake.
Rascop said these measures are necessary to keep the mussel out of the
lake. He said the Zebra mussel is capable of killing the fish in the
Lake.
Lewis said the people who pay taxes to Hennepin County to keep the Lake
open will object. He stated the LMCD is becoming as large an
organization as the DNR.
Stover asked Rascop if the DNR is participating in this effort. He said
the DNR does not have the funds available.
Gagne asked if any cities have approved the plan. Rascop said Mound.
Victoria. Greenwood and Woodland have approved the plan.
Stover asked if he needed a response soon.
Rascop said the next LMCD meeting will be the 4th Wednesday in January.
Brancel and Hurm said the plan can be discussed at the January meeting.
Daugherty asked if more information can be sent to the city concerning
the Zebra mussel.
Rascop said he is hoping other cities. such as Minneapolis. will get
involved.
Rascop said there is a meeting with the assistance committee of the
Metro. Council regarding the Shoreline Plan and there have been many
positive comments. The Metro Council will pass on the plan at their
Dec. 16th meeting. The LMCD is waiting for comments from DNR before a
final draft is completed.
14. STAFF REPORTS:
A. ATTORNEY'S REPORT
There was no report.
B.
ENGINEERIS REPORT
There was no report.
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REGULAR CITY COUNCIL MINUTES
DECEMEER 9. 1991 - PAGE 11
C. PLANNING DIRECTOR'S REPORT
Nielsen reported on the Metropolitan Council's Water Supply Plan
for Action. He said the Met. Council was directed by the
Legislature to develop both a short and long term regional water
supply plan. The report suggests individual governments address
water supply in their Comprehensive Plans. There has been
discussion that the water supply situation be treated the same as
other Metro. Area system such as the MWCC.
Nielsen said there is validity in addressing a regional water
supply. however. Shorewood should be concerned about specifics.
Nielsen said the Plan addresses conservation of water and a need
for a reliable source of water to the central cities in drought as
well as non-drought years. They are concerned that major cities
will drill deep wells into the aquifer which can draw down the
water supply.
He said the Association of Metropolitan Municipalities raises a
number of concerns with the Plan.
1 .
The idea of water becoming a Metro. System gives the Met.
Council too much control
Financing - the Plan proposes a water surcharge on municipal
systems.
2.
Nielsen told the Councilmembers the report will be available to
them if they want further information. He also said the Met.
Council will hold a public hearing on Dec. 12. 1991 at 4:00 P. M.
regarding this issue.
D. ADMINISTRATOR'S REPORT
1. Presidential Primary
Hurm said there has been discussion about repealing the
Presidential Primary in Minnesota because the cost of
the Primary has been passed on to the cities.
Gagne said he disagrees with this because a Primary allows
more citizen input into the process.
Daugherty said the State is imposing additional charges
on cities.
Brancel said the resolution calls for the State to fund the
primary.
Stover said she has a problem with the State mandating without
providing the funding. She said the Council should delete
parts of the resolution that are not the City's
responsibility.
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'REGULAR CITY COUNCIL MINUTES
DECEMBER 9, 1991 - PAGE 12
. Stover moved. Lewis seconded to adopt RESOLUTION NO. 129-91 IIA
Resolution Calling for Repeal of Presidential Primary. II with the
following amendments:
1. Accept paragraphs one and two.
2. Delete paragraphs 3 - 8.
3. Accept paragraph 9.
4. Accept paragraph 10 up to "the primary" and delete the
rest of the sentence.
Motion carried - 4/1 (Gagne)
15. COUNCIL REPORTS.
A. MAYOR BRANCEL
Brancel informed the Council of the change in billing at Triax
Cablevision. She said the franchise tax will be listed as a
separate item on the bill. She said 5% of the bill is given
to the Lake Minnetonka Cable Commission.
She said the new LMCC Administrator is Jim Daniels who has
several years of experience with another cable company.
. B.
COUNCILMEMBER GAGNE
He had no report but mentioned the new cable administrator should
straighten out Channel 6. Brancel said the station needs to be
amplified and they are working on it.
C. COUNCILMEMBER STOVER
Stover said she had an opportunity to talk with the Chairwoman
of the Metropolitan Council. She said the Met. Council has no
way to enforce the water supply plan. There has been a lot of
input to the plan and it has been downgraded considerably. They
are now concentrating on an inV€0ntCll'"Y of Welt!:?!'.. ~::;Clur'C€0~::;.
D. COUNC I LMEMBER LEWI S
Lewis had no report.
E. COUNCILMEMBER DAUGHERTY
Daugherty had no report.
16. ADJOURNMENT SUBJECT TO THE PAYMENT OF CLAIMS
~ Stover moved. Gagne seconded to adjourn the meeting at 9:00 P.M.
Motion carried - 5/0
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REGULAR CITY COUNCIL MINUTES
DECEMBER 9. 1991 - PAGE 13
GENERAL AND LIQUOR FUNDS - ACCOUNT NUMBER 00-00166-02
Checks issued since November 22, 1991
Check No. 8005-8064
LIQUOR
$ 23,213.97
TOTAL CHECKS ISSUED
Checks for Council approval
Checks No. 8066-8103
CHECK REGISTER FOR DECEMBER 3. 1991 PAYROLL
Checks no. 205680/205721
LIQUOR
$3,392.11
RESPECTFULLY SUBMITTED
Katie Snyder
Recording Secretary
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GENERAL
$ 801,226.96
$824,440.93
TOTAL CHECKS FOR APPROVAL
$ 154,009.48
TOTAL CHECK APPROVAL LIST
$ 978,450.44
GENERAL
$15,373.41
TOTAL CHECKS ISSUED
$18,765.52
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M R AR A'BRANCEL