MINUTES
Regular Meeting of Lake Shore City Council
Monday, June 27, 2011
7:00 PM Lake Shore City Hall
Mayor John Terwilliger called the June 27, 2011 Regular City Council meeting to order at 7:00 p.m.
The pledge of allegiance was recited.
Roll Call: Mayor John Terwilliger. Council Members present: John Bukovich, Susan Amacher, Doug
Miller and Lyle Kline; City Attorney Steve Qualley; City Engineer Dave Reese; Police Chief Steve
Sundstrom; City Administrator/Planning and Zoning Administrator Teri Hastings; Public Works Jim
Thomes and City Clerk Patti McDonald. There were 7 people in the audience.
APPROVAL OF MINUTES
MOTION BY LYLE KLINE TO APPROVE THE MAY 23, 2011 REGULAR CITY COUNCIL
MINUTES AS PRESENTED. DOUG MILLER SECONDED THE MOTION. MOTION PASSED
UNANIMOUSLY.
REPORTS
Police/Fire Report – Chief Steve Sundstrom
Incident Report - From May 23, 2011 to June 26, 2011 there were 250 incidents in the City. There were
181 traffic-related incidents and 69 were miscellaneous department activity. Susan asked what driving
after withdrawl is. Steve said that it is driving after suspension of license.
Mayor’s Report– John Terwilliger
Quotes to Repair City Hall Roof – The roof/ceiling leaks in the council chambers. Should there be a
patch job or should the whole roof be redone. The whole roof is approximately $13,000.00. Susan
suggested getting prices to patch the roof and compare the pricing. There was a suggestion to put a truss
roof over the flat roof.
City Hall Maintenance – The Mayor will look for maintenance that has to be done around city hall. Lyle
said that the dollar amount makes a difference as to whether or not to fix some of the things.
The Agate Lake Association has commented a few times regarding to a bullet that went into a Lake
Shore residents home. Ballistics proved that it was from the Lake Shore Conservation Club and they
have shut down that portion of the gun club. This is a civil issue and has not been ignored by the city.
Clerk/Treasurer’s Report – Patti McDonald
MOTION BY DOUG MILLER TO APPROVE THE FINANCIALS AS SUBMITTED. LYLE KLINE
SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY.
Approval to Transfer from General Fund to Capital Improvement Fund – Council action is needed to
transfer funds from the General Fund to a new Capital Project Fund – Street Improvement. The purpose
of the transfer would allow for the payment for the 2011 Road Improvements.
MOTION BY JOHN BUKOVICH TO TRANSFER THE TOTAL BID FOR CONSTRUCTION
COSTS OF $179,849.30 FROM THE GENERAL FUND TO CREATE A CAPITAL PROJECT FUND
– STREET IMPROVEMENT TO ALLOW FOR THE PAYMENT OF THE 2011 ROAD
IMPROVEMENTS.
DOUG MILLER SECONDED THE MOTION.
MOTION PASSED
UNANIMOUSLY.
City Administrator/Planning & Zoning Administrator – Teri Hastings
Waiver of Tort Liability – Our insurance carrier is requesting that the City Council act annually on
whether or not it would like to waive tort liability limits.
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MOTION BY DOUG MILLER TO NOT WAIVE THE STATUTORY TORT LIABILITY
COVERAGE LIMIT AND SUBMIT THE PROPER WAIVER FORM TO WEIZENEGGER/ENGEL
INSURANCE TO FORWARD TO LMCIT. LYLE KLINE SECONDED THE MOTION. MOTION
PASSED UNANIMOUSLY.
Pay Equity Compliance – The City of Lake Shore has received notice that it has successfully met the
requirements of the Local Governments Pay Equity Act.
May EDA Activity Report – The May EDA activity report was included for review.
May Permit Summary – Teri included the May permit summary for review.
Wastewater/Road Committee – John Bukovich referred to Dave Reese.
Approve Partial Payment for Tri-City Paving – Tri-City Paving, Inc. submitted partial payment estimate
number #1 in the amount of $162,597.54, which includes 5% (8,557.771) of the contract being retained
until final approval.
MOTION BY JOHN BUKOVICH TO AUTHORIZE PARTIAL PAYMENT ESTIMATE #1 TO TRICITY PAVING, INC. IN THE AMOUNT OF $162,597.54 THAT INCLUDES (RETAINING 5%,
EQUAL TO $8,557.77). DOUG MILLER SECONDED THE MOTION. MOTION PASSED
UNANIMOUSLY.
Resolution Declaring Costs to be Assessed – Dettbarn Road – A contract has been let (estimated costs
have been calculated) for Improvement No. 2011-01, the improvement of Dettbarn Road easterly off of
Ridge Road and the contract (bid) price (estimated cost) for such improvement is $69,500 and the expenses
incurred or to be incurred in the making of such improvement amount to $16,250 so that the total cost of
the improvement will be $85,750. The sum of $6,431.00 shall be assessed against benefitted property
owners based upon benefits received without regard to cash valuation.
Dave said that this is an estimate for Dettbarn Road improvement to get the rest of the process moving
forward. Doug Miller asked if the cost savings for the whole 2011 road improvements could off-set the
cost to Dettbarn Road assessment. Dave suggested that the city maintain the same. Steve Qualley
agreed that the council has the ability to offer the savings and must remember that the benefit to the
property must equal the total assessment.
MOTION BY JOHN BUKOVICH TO ADOPT RESOULTION 2011-06-01 DECLARING COST TO
BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSEMT IN
CONNECTION WITH DETTBARN ROAD IMPROVEMENTS OF 2011 AT A TOTAL COST OF
$85,750.00. DOUG MILLER SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY.
Resolution Calling Hearing on Assessment – Dettbarn Road – The City Council of the City of Lake
Shore, Minnesota will meet in the City Hall in the City of Lake Shore, Minnesota, on the 22 nd day of
August, 2011, at 6:30 p.m. to consider objections to the proposed assessment for Dettbarn Road
Improvements of 2011.
MOTION BY JOHN BUKOVICH TO ADOPT RESOLUTION 2011-06-02 CALLING FOR
HEARING ON ASSESSMENTS FOR DETTBARN ROAD IMPROVEMENTS OF 2011. DOUG
MILLER SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY.
Quote for Patching – Miscellaneous patches are needed on city streets. Rardin Excavating provided an
estimate totaling $2,400.00 to provide the service.
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MOTION BY JOHN BUKOVICH TO ACCEPT THE QUOTE FROM RARDIN EXCAVATING INC
FOR THE TOTAL OF $2,400.00 TO PATCH THE INTERSECTION OF COUNTY 29 AND ROY
LAKE ROAD; INTERSECTION AT 72ND STREET; AND WHITSTROM ROAD. SUSAN
AMACHER SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY.
2011 Street Improvement Summary of Quantities and Gravel Road Expenditure – Dave Reese said that
the summary of road projects and what is what is left over. Ther was $204,000.00 budgeted for road
projects for 2011. There is approximately $29.000.00 left for gravel road expenditures. There is
$499,200.00 minus $12,000.00 in capital outlay for roads. The Mayor said that the road improvements
were done a little thicker that bid and it is suggested to split the difference with Tri-City.
Ray Rasinski said as a member of the road committee they are trying to establish what is left over from
the road improvements for 2011. Teri explained the balance left in capital outlay. Jim Thomes said that
the committee is asking the council for direction as to which gravel roads have the greatest need for
improvement. Pohl Road has 7 residents (one half mile; 4 inches of Class V was estimated at
$39,000.00). There has been some work on Portview Road recently. Ray said the gravel roads in Lake
Shore are gravel and/or sand; he said the committee would like to see a plan to get the roads built up to
have the blade operator to have something to work with during maintenance. Dave Reese said there are
certain areas that the blade operator has worked with very little and all that is left if a trough. The
committee has talked about the gravel roads numerous times; even suggesting widening the ditches.
Susan doesn’t think the economic times warrant the gravel work. Teri asked Dave Reese about a study
done by WSN back in 1998 or 1999 for maintaining gravel versus bituminous roads. Dave said if you
maintain gravel roads to the level of service to drain and maintain the class V, then blacktop over the 20
year span is less expensive to maintain. Susan said if you buy a house on a gravel road you know that
the maintenance won’t be the same. Ray said that a couple years ago the price to resurface Ridge Road
was over $300,000.00.
MOTION BY DOUG MILLER TO MOVE FORWARD WITH THE WASTEWATER/ROAD
COMMITTEE’S RECOMMENDATION OF IMPROVING POHL ROAD WITH 4 INCHES OF
CLASS V FOR ONE HALF MILE. LYLE KLINE SECONDED THE MOTION. MOTION PASSED
WITH SUSAN AMACHER ABSTAINING.
Ray Rasinski asked Teri if Mr. Sullivan has made contact regarding the road vacation of Nottingham
Road. The issue was on the Wastewater/Road Committee agenda and there were no recommendations to
the city council.
Resignation of Gene Jaster –The Mayor read a letter (dated June 14, 2011) into record from Gene Jaster
requesting to resign from the Wastewater/Road Committee.
May Minutes – The May minutes were included for review.
Park and Recreation Committee – Lyle Kline asked the council to approve the recommendations from
the Park and Recreation committee meeting held in June.
Portable Toilet Quote – The Park and Recreation would like to have on unisex portable toilet put in the
park until October 31st. The current out house facility needs some major work, so a porta potty could be
used until there is a decision on what to do with the existing out house. The quote from Blakemans’s for
four months is $505.52 and will include weekly service. The weekly service includes pumping, cleaning
and stocking supplies. This will give our citizens a clean rest room until there is a better alternative.
The Mayor asked the condition of the current outhouse at the park. The roof was just shingled a couple
years ago. The floor is dirt and there will always need some work. The concern is the smell when the
outside temperature rises. It is pumped every couple years. Jim maintains the outhouse once a week
during the summer months.
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MOTION BY SUSAN AMACHER TO REFUSE THE RECOMMENDATION OF THE COMMITTEE
TO RENT A HANDICAPPED PORTABLE TOILET AS DESCRIBED IN THE QUOTE AT FRITZ
LOVEN PARK FOR FOUR MONTHS FOR A TOTAL OF $505.52. JOHN TERWILLIGER
SECONDED THE MOTION. MOTION PASSED UNANIMOUSLY.
Crushed Asphalt Quote – Toe cost for 6 loads of crushed asphalt and bobcat work would be $1,110.00.
It would be applied to the parking area, the road to the upper park and to the road north of the bridge
were the flooding occurred. The committee understands that the cost would be split between the park
and recreation budget and the road budget. John Bukovich asked if Class V should be used rather than
the crushed asphalt. Dave Reese said that the crushed asphalt does harden to hold better than Class V.
There is the concern of the oil content of the crushed asphalt going into the creek. It was suggested to
use the crushed asphalt were the flooding doesn’t occur and use Class V in the area’s susceptible to
flooding.
MOTION BY SUSAN AMACHER TO APPROVE CRUSHED ASHPALT ON THE UPPER PARK
ROAD AND USING CLASS V ON THE ROAD AND PARKING AREA THAT ARE SUSCEPTIBLE
TO FLOODING.
DOUG MILLER SECONDED THE MOTION.
MOTION PASSED
UNANIMOUSLY.
May Minutes – The May minutes were included for review.
Environmental Committee – Doug Miller said the committee didn’t meet in June. Some members of
the committee helped with the project at the park for the shore restoration. The land and water tour is
July 11th.
Resignation of Gene Jaster – The Mayor read a letter (dated June 14, 2011) into record from Gene Jaster
requesting to resign from the Environmental Committee.
Personnel – John Terwilliger/Susan Amacher – There was no personnel business for June.
City Attorney – Gammello, Qualley & Pearson – Steve Qualley had nothing new to report.
City Engineer – Widseth Smith Nolting – Dave Reese said the potential state shut down will not affect
Gopher State One Call.
OLD BUSINESS – There was no old business.
NEW BUSINESS – There was no new business.
ANNOUNCEMENTS/PUBLIC FORUM –Elaine Leach addressed the council and read into record a
letter of appreciation of the Lake Margaret Stakeholders Committee that was formed at the
direction/suggestion of the late John McNitt.
Perry Beaton from Pinehurst Lane asked the council to consider the asphalt walking and biking path that
has been proposed in the past. The Mayor said the surrounding communities had met to discuss the
possibility of the trail going from Nisswa to East Gull Lake. Lyle Kline said the person now working on
the trail is the Executive Director at the Brainerd Chamber. She will put together a task force after July
4th. John Sumption suggested that Lyle and the Park committee get together with Lisa Paxton at the
Chamber. Teri suggested that everyone contact the county commissioners to let them know that not
having the trail along county 77 is a safety hazard.
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John Bukovich said the corner of Ridge Road and County 78 needs to be cleared before there is an
accident. All of the corners are real grown up and need to be cut back. Jim Thomes and the Police will
make a list of all the bad corners.
MOTION BY LYLE KLINE TO PAY THE BILLS AS SUBMITTED (CLAIM NUMBERS 29686
THROUGH 29765 - TOTAL $66,707.30). DOUG MILLER SECONDED THE MOTION. MOTION
PASSED UNANIMOUSLY.
MOTION BY JOHN BUKOVICH TO ADJOURN THE REGULAR CITY COUNCIL MEETING OF
JUNE 27, 2011 AT 8:30 PM. SUSAN AMACHER SECONDED THE MOTION. MOTION PASSED
UNANIMOUSLY.
Transcribed by Patti McDonald
Lake Shore City Clerk
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