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090996 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 9, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; Finance Director AI Rolek and Engineer Larry Brown. Review Agenda B. Benson moved, Stover seconded to approve the agenda for September 9, 1996. Motion passed 5/0. C . Presentation of Appreciation Plaque to Steve Dzurak Mayor Bean presented a Plaque of Appreciation to Steve Dzurak for over five years of service as member of the Shorewood Park Commission. Mayor Bean thank Mr. Dzurak for the tremendous amount of time and personal commitment he has given to the program. Mr. Dzurak encouraged others to seek appointment to one of the commissions noting it is a very worthwhile endeavor. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes August 26, 1996 Benson moved, McCarty seconded to approve the City Council Regular Meeting Minutes of August 26, 1996, as amended on Page 3, Item No.6, change to reflect "Jeff Foust, Shorewood's Representative to the LMCC," rather than "Jeff Foust, Planning Commissioner;" change references to "Commissioner Foust" to "Representative Foust." Motion passed 5/0. B . City Council Work Session Meeting Minutes August 26, 1996 Stover moved, Shaw seconded to approve the City Council Work Session Meeting Minutes of August 26, 1996, as amended to reflect Page 2, Paragraph 1, amend to clarify, "Tentative discussions were held with respect to the budget, subject to a final review. Three changes related to staffing positions with respect to the office, a potential light equipment operator, and engineering which were created as the result of internal promotions." Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for September 9, 1996. McCarty moved, Benson seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1996 - PAGE 2 A. A Motion to Approve a three year Contract for Utility Maintenance Services with Munitech beginning in 1997 B. A Motion Adopting RESOLUTION NO. 96-81, "A Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment and Ordering an Assessment Hearing for Watermain Project No. 95-16, Smithtown Road East" C. A Motion Adopting RESOLUTION NO. 96-82, "A Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment and Ordering an Assessment Hearing for Watermain Project No. 95-14, Eureka Road" D. A Motion Adopting RESOLUTION NO. 96-83, "A Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment and Ordering an Assessment Hearing for Watermain Project No. 95-15, Smithtown Road South" E. A Motion Adopting RESOLUTION NO. 96-84, "A Resolution Approving a Change Order for Project No. 96-02, Minnewashta Water Tower" F. A Motion Approving 1997 Contract for Animal Control Services with the City of Chanhassen and Authorizing Execution of Contract A Motion Adopting RESOLUTION NO. 96-85, "A Resolution Accepting Project No. 94-2, Old Market Road Sidewalk and Authorizing Final Payment Motion passed 5/0. G. 4. MATTERS FROM THE FLOOR Councilmember Stover presented a concern from Kate Lynch-Bix whose artistic mailbox was damaged in the process of the watermain work on Eureka Road. City Engineer Brown explained the dump truck operator inadvertently backed into a section of mailboxes. Brown directed Ms. Lynch-Bix to submit an estimate of the damages which was then forwarded to the contractor for payment. Councilmember Stover requested City Staff keep in contact with Ms. Lynch-Bix to keep her apprised of the situation. Mayor Bean asked for an update at the next meeting as to the actions taken by the contractor with respect to the resolution of this matter. 5. CONSIDERATIONS REGARDING FINANCES FOR 1996 WATER SYSTEM IMPROVEMENT PROJECTS A. Presentation by Springsted Regarding FinancingIBonding Recommendations Bob Thistle, Springsted Inc., appeared and explained this matter in detail. He estimated the interest rates will be approximately 5.6 percent on a 15 year issue. The bonds will be callable on February 1, 2007. At that time they may be refmanced or repaid if sufficient revenues are available. REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1996 - PAGE 3 . Councilmember Stover pointed out the figures on Page 3 of the recommendations are slightly different than Page 2 of the Extract of Minutes of Meeting of the City Council. Mr. Thistle clarified the resolution reflects the appropriate numbers. B. A Motion to Adopt a Resolution Providing for Issuance and Sale of $860,000 General Obligation Water Revenue Bond, Series 1996, for Improvements to the Water System of the City Benson moved, McCarty seconded approving RESOLUTION NO. 96-86, "A Resolution Providing for Issuance and Sale of $860,000 General Obligation Water Revenue Bond, Series 1996, for Improvements to the Water System of the City." Motion passed 5/0. 6. PARKS - Report by Representative A. Report on Park Commission Meeting of August 27, 1996 Councilmember McCarty reviewed the matters considered and actions taken by the Park Commission at the meeting of August 27, 1996 (as detailed in the minutes of that meeting). B. A Motion Authorizing Execution and Submittal of a Winter Use Permit for the SW Regional LRT Trail McCarty moved, Stover seconded authorizing execution and submittal of a Winter Use Permit for the SW Regional LRT Trail. Motion passed 5/0. . C. A Motion Authorizing the Purchase of Park Signs and Transfer of Funds to the Parks Foundation Stover moved, Benson seconded authorizing the purchase of park signs from Tonka Sign Crafters in the amount of $2,225 and transfer of funds to the Parks Foundation. Motion passed 4/0. Councilmember Shaw abstained as Treasurer of the Parks Foundation. 7. PLANNING - Report by Representative Commissioner Pisula addressed the Council and review the matters considered and actions taken by the Planning Commission at the September 3, 1996, meeting (as detailed in the minutes of that meeting) . 8. CONSIDERATION OF MOTIONS REGARDING PROPERTY LOCATED AT 25565 SMITHTOWN ROAD A. Status Report on Safety Concerns Related to Abandoned Property . Planning Director Nielsen reviewed the matter in detail. Naomi Carlson appeared and stated she had visited the property and felt the structure was well secured. She explained a Cancellation of Contract for Deed has been filed. Ms. Carlson explained the tenant, Mr. Fox, had expressed a desire to rehabilitate the property and bring current his payments, however, he failed to do so. She further explained she has potential plans in mind for the property. Ms. Carlson stated had she received any notice with respect to the property, she would have attended to this matter. She apologized for any problems created by the property. Ms. Carlson explained the property will once again be titled to her and requested additional time to deal with the property. REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1996 - PAGE 4 . Mayor Bean noted when the property first came to the attention of City Staff, four or five feet of water existed in the basement with the electricity on at the time. He asked if the utilities had been shut off. Ms. Carlson stated she would have the electricity turned off. Mayor Bean also suggested the windows be sealed with plywood. Mayor Bean asked if Ms. Carlson would be taking immediate steps to either sell the property or renovate it. Ms. Carlson stated it was her intention to attempt a sale of the property. She noted she has spoken with several individuals with respect to a sale of the property. Councilmember McCarty stated she would be willing to give the property owner some time to deal with this property. Councilmember Benson expressed concern with respect to safety. He felt it would be acceptable to secure the windows and doorway with plywood as long as verification can be made by City Staff to assure the structure has been secured for safety purposes. Councilmember Benson expressed his concern the property represents a hazard and would like to review this matter at the next Council meeting. Mayor Bean asked for a review of the property by the Inspection Department to verify the property has been secured and all utilities turned off. Mayor Bean recommended 30 days for Ms. Carlson to act on this matter. Ms. Carlson stated she would like the electricity to remain in order to allow clean up activity, however, Mayor Bean noted the presence of active utilities in this structure is a significant safety concern. . Bean moved, Shaw seconded directing the property owner to secure the building within seven to ten days to the satisfaction of the Inspection Staff and to act in concert with the Building Official to secure the building and make it safe from a utility standpoint. City Staff will not file a Condemnation for 30 days. Motion passed 5/0. . B. A Motion Regarding Request to Abate Charges Levied Ms. Carlson addressed the matter of legal fees which had been assessed. She stated they were unnecessary and felt the City had acted prematurely. Ms. Carlson stated when it was brought to her attention the sump pump had not been inspected, she made an appointment for this to be accomplished. Ms. Carlson requested a rebate of $480 in legal fees as well as sump pump charges which had been assessed. She further stated the legal fees were listed as clean up fees on her statement and had she known they were legal fees she would have filed a protest in a timely manner. Mayor Bean pointed out numerous attempts were made at notification. Ms. Carlson stated she had not received any notification and thought possibly Mr. Fox had received them. Planning Director Nielsen clarified the legal fees represent the fees for the Condemnation Orders. Finance Director Rolek explained with respect to the sump pump fees that Mr. Fox had not complied with any inspection requests since inception. Councilmember Benson stated it would be his inclination to abate those charges since the sump pump is not working. He stated it had not been anticipated that sump pump charges would become burdensome. Councilmember Stover noted that obviously no one is living in the house. She stated Ms. Carlson is the fee owner of the property as well as a resident and is aware of the sump pump ordinance. Once she became aware of the inspection on her own home, she should have been aware of the same requirement for her rental property. Ms. Carlson noted it had recently come to her attention Mr. Fox had not been paying the property taxes. . REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1996 . PAGE 5 . Mayor Bean inquired if Ms. Carlson was aware of the delinquent property taxes. She acknowledged she had been aware of them, but had believed comments made by Mr. Fox that he would make arrangements to bring the taxes current. Ms. Carlson stated her intent to bring the taxes current with the proceeds of the sale. Mayor Bean pointed out the issue is that Ms. Carlson had knowledge of a problem and should have been more aware of what was happening with respect to the property. Ms. Carlson stated she had been aware the taxes had not been paid and had been assessed. Mayor Bean pointed out this was a notice to her to take a more proactive approach with respect to this situation. Ms. Carlson commented she had been trying to be sympathetic to Mr. Fox's situation. She pointed out water was not being pumped out into the sewer and did attempt to address this issue when she received notice of it. . Councilmember Shaw suggested the issue be revisited in 30 days along with the issue of the safety concerns of the property. He noted Ms. Carlson had been given additional time in which to resolve this situation and his response to the charges will be the level of cooperation which is evident at the 30-day review of this matter. Shaw moved, Stover seconded to continue the request for abatement of charges levied for 30 days and to discuss it in conjunction with the previous issue relating to the safety of the property. Motion passed 5/0. Ms. Carlson also requested the driveway to the property be replaced. She noted the driveway has not been replaced since the watermain work was completed. City Engineer Brown clarified that Ms. Carlson's property shares a driveway with the Kirschner auto facility. He stated City Staff could not locate a single driveway to that property. Ms. Carlson stated the driveways are adjoining, however it is not a shared driveway. City Administrator Hurm explained a video tape had been made of the various driveways and trees prior to the start of the watermain project and stated this would reflect the position of the driveway prior to construction. Mayor Bean inquired if Ms. Carlson could produce a survey which would evidence the location of the driveway. Ms. Carlson stated she would have only the application for a building permit which reflects the location of the driveway. Mayor Bean recommended this item be reviewed at the next meeting and directed staff to review the video and provide documentation back to the Council as to this issue. City Engineer Brown stated he will check the property file for any evidence of this. Ms. Carlson stressed she needs a driveway now in order to work on this property. Councilmember Benson noted this to be a separate issue which the contractor and City Staff are currently working to resolve. Mayor Bean explained these matters will be reconsidered at the October 14, 1996, meeting of the City Council. 9. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE 1997 PRELIMINARY BUDGET AND PROPOSED 1996 PROPERTY TAX LEVY Finance Director AI Rolek reviewed this matter noting the consensus of the Council at the Work Session on August 26, 1996, to present this resolution for approval. City Administrator Hurm pointed out this resolution results in maintaining the City's tax rate for next year equal to the rate for this year. . . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1996 - PAGE 6 McCarty moved, Stover seconded adopting RESOLUTION NO. 96-87, "A Resolution Approving the 1997 Preliminary Budget and Proposed 1996 Property Tax Levy." Motion passed 5/0. 10. CONSIDERATION OF A MOTION AUTHORIZING VOLUNTARY PAYMENT TO LEAGUE OF MINNESOTA CITIES FOR RIGHT-OF-WAY TASK FORCE City Administrator Hurm briefly explained this matter. Councilmember Shaw expressed his opinion the City should participate with the voluntary payment. He further noted the City of Shorewood had been a member of the Suburban Rate Authority some years ago and it was determined through a long process of investigation that the City would no longer be a member of this organization. Councilmember Shaw suggested City Staff research the Suburban Rate Authority with respect to its function and how it is carried out. Hurm felt the free one year membership was an aside which comes along with the voluntary contribution. Councilmember Shaw explained the Suburban Rate Authority and noted approximately eight or nine years ago, the City of Shorewood did not feel this organization was representative of the City's interests. He recalled the City had some very specific reasons for discontinuing membership in this organization. Shaw moved, McCarty seconded authorizing a voluntary payment to the League of Minnesota Cities for Right-of-Way Task Force in the amount of $514 and directing Staff to conduct a follow up on the Suburban Rate Authority to determine if membership would be of value to the City. Motion passed 5/0. 11. ADMINISTRA TOR & STAFF REPORTS . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 9, 1996 - PAGE 7 City Engineer Brown reported the logos are up on the water tower. The water is expected to come on line November 1st. Notification will need to be made to property owners on the Boulder Bridge system to install a pressure reducing valve prior to this system becoming activated. Councilmember McCarty inquired as to the cost of this valve. Brown explained he intends to seek bids from several local contractors to obtain the best rate possible and provide this information to each property owner. Councilmember Stover asked if this valve would be made available for sale by the City and what the approximate cost would be. Finance Director Rolek noted a pressure reducing meter would cost approximately $75. Councilmember Stover suggested the City buy them in larger quantities and then sell them at cost for the residents. City Engineer Brown also reported the Shady Island Bridge was reinspected prior to the start of school. Transportation companies were asked to use a smaller bus and some schools stated they would not go out on Enchanted Island at all. Parents were not in favor of the smaller buses. The transportation companies encouraged larger buses be used because two axles would not be on one span at a time. Brown noted the repairs have been determined to be holding up adequately and the City has been assured by OSM the bridge will hold up during the winter. OSM is in agreement that bidding could be conducted in the spring months. Brown expects a substantial cost savings of $40,000 to $50,000 due to the inconvenience of performing this work in the winter. He would recommend continuing with the design plan and putting bids out in January or February. Mayor Bean noted the discussion had been to construct the bridge in the winter and inquired if winter construction could be pursued. He asked if the wintertime would be a better time to seek bids. Brown noted that is a possibility. He suggested the bids could be put out and if they return favorable, the City could accept the bids and go ahead with the work. Mayor Bean noted he would prefer the project be bid, and if a favorable bid is received, he felt the work should be completed. He felt the City should move forward to get a permanent solution in place. The Council was in consensus with this suggestion. 12. MAYOR & CITY COUNCIL REPORTS Councilmember McCarty reported she had received a call from a citizen regarding depressions in the road at Nelsine Road and 100 feet in off Smithtown Road. City Engineer Brown noted the contractor is responsible for settlement and repairs for a one year period. Once all repairs have been completed, a seal coat will follow. 13. ADJOURNMENT Shaw moved, McCarty seconded to adjourn to a Work Study Session at 9:30 p.m. subject to approval of claims. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ,,' '~~'~ // 1,' ~ I~-)" ~ , 'lb, {-<-"l;u/---f Y(:JJ~!~{__ ROBERT B. BEAN, MAYOR