022381 CC Reg Min
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CITY OF SHOREWOOD
REGUlAR "COUNCIL" MEETING
MONDAY, FEBRUARY 23, 1981
Page 1 of .2.
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
CALL TO ORDER:
The last regular meeting of the Shorewood City Council was called to order by Acting
Mayor Jan Haugen on February 23, 1981 at 7: 39 P.M. in the Council Chambers.
PLEIX;E OF ALLEGIANCE AND PRAYER:
Meeting was opened with the Pledge of Allegiance and Prayer.
ROLL CAlL:
Cotmcil present:
Council absent:
a f present:
Acting Mayor Jan Haugen, Al Leonardo, Bob Rascop, Tad Shaw
Mayor John Baird
Attorney Gary Larson, Engineer Jim Norton
APPROVAL OF FEBRUARY 9, 1981 MINUTES:
Leonardo moved, Rascop seconded, approval of the minutes as written with two corrections;
name 1 y, that on Page 1 tmder the heading of "Ciga.rette License Amendment to Ordinance
No.7 (second reading)."- the second sentence is corrected to read: ...In the discussion
that followed, Leonardo suggested that the first sentence relative to moral character
be stricken and that the first penalty for violation would be a petty misdemeanor and
any subsequent violations would be misdemeanors."
Secondly, that tmder the Attorney's Report on Page 1 the following sentence is to be
added: The conclusion drawn by the majority of the Cotmcil is that the project at this
point does not carry its own weight with the ftmding that has been appropriated at this
point. Motion carried tmanirrously.
POLICY ON USE OF CITY HALL:
Acting Mayor Haugen asked that the "Policy on Use of City Hall" that was approved in
the February 9, 1981 COtmcil minutes be looked at again just to be sure it is okay as
presented. It was mentioned that the key deposit fee is reftmdable at the time the key
is returned.
PETITION-CRESCENT BEACH (Michael G. Marshall):
Michael G. Marshall petitioned the Cotmcil to alert them of an eyesore and potential
health hazard of stagnant water during the stmner time near the public beach at
Crescent Beach which is on the borderline of both Tanka Bay and Shorewood. He suggested
large culverts would solve the problem in order to keep the toddlers and older children
out of it.
Discussion on the cost, labor, andmaintenance-followed~ Action was tabled. Engineer
Norton and Public Works Foreman Don Zdrazil are to get together on the problem and to
look at the site. The area is a wetlands area in which Northerns spawn. Norton will
contact Minnehaha Watershed District for an updated opinion of the cause and costs and
will present his report at the next Council Meeting of March 9th. Also Tonka Bay will
be contacted.
GOETTElMAN - KENNEL LICENSE:
Don Goettelman petitioned the Cotmcil for renewal of his Kennel License for their
six adult dogs. The fees had already been paid into City Hall, and the Kennel was rroved
back from the road. Shaw rroved, Rascop seconded, approval of the renewal. Motion
carried unanimously.
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CITY OF SHOREWOOD
REGUlAR "COUNCIL" MEETING MINUl'ES
MONDAY, FEBRUARY 23, 1981
PAGE .~ of ~
VACATING PORTIONS OF GARDEN ROAD, EAST lANE, AND SUNSET LANE:
PUBLIC HEARING - 8:00 P.M.
RESOLUTION NO. 7-81
Haugen explained the vacation as being that part of Garden Road that goes into the
property, Sunset Lane which is the end of the road, and then a road called East Lane
which has never been built.
She then opened the hearing at 8:00 P.M. Eileen Saleme, 4865 Suburban Drive, confinned
the portion to be closed. Park Corrmissioner Don Goettelman stated it represented no.
problem for the parks. The hearing was closed.
Shaw rroved, Leonardo seconded, that the resolution be passed vacating the property.
Motion carried unanimously.
''MEAl)(l-JCAY'' - INFORMAL DISCUSSION:
- 54 Acres on Smithtown Road, REgistered Land Survey No. 1064, Tract A.
of the 54 acres, 26 acres is buildable and 28 acres is wetlands.
Joe Gorecki presented an outline of the property. He requested advice on installation
of well/water costs. He asked the question: Is the Council going to hold with the
present R-I Zoning (40,000 square feet) on the development and would they be required
to install a central well system if the development consists of 10 or more homes. He
indicated that he would need a higher density factor to make the project economically
feasible. He asked for further guidance in regards to numbers. Haugen replied that
according to the present policy,if the land will hold over 10 or more homes, then a
central water system must be provided.
The matter was tabled until Mayor Baird could be present.
ENGINEER'S REPORT:
-Badger Well
A report was made by Jack Hendricks of Bergerson-Caswell Company as to the progress of
the Badger Well. Review was made of past problems and an update to current status.
Hendricks indicated that at present the drilling was going as should be to 90' (of
30" pipe and they would be replacing the 30" with 24" at approximately 140'). They
did not anticipate any further problems. They did not feel they would be able to meet
the March 23rd completion date; they felt April I would be the new completion date.
Council suggest they make a request to extend the completion date to April lst.
Norton indicated that the City is maintaining a daily log as to the progress of the
well.
Concerns were again heard from city resident, Jay Venero, in regards to the workmanship
in certain areas of well construction.
ORDINANCE NO.
124
CIGAREITE MACHINE ORDINANCE -(SECOND READING) :
(AMENDS ORDINANCES ORDINANCE NO. 7)
Shaw rroved, Rascop seconded, approval of the amended ordinance as written except that
in Paragraph B, 18 years of age is to replace 21 years of age. Upon vote, Leonardo-nay,
Rascop-aye, Haugen-aye, Shaw-aye, Baird-absent, motion carried.
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CITY OF SHOREWOOD
REGUlAR "COUNCIL" MEETING MINUTES
MONDAY, FEBRUARY 23, 1981
PAGE 3 of 5
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CABLE TELEVISION - APPOINIMENT OF TWO PEOPLE TO TIlE CABLE TV ADVISORY CCM1ISSION:
Haugen submitted the names of two people - Reverend Louis Wargo tIiho has written a book
on cable TV and Mr. Steve Frazier, a teacher of government at Minnetonka West Junior
High. Both men would like to be on the committee.
The Advisory CoIID1ission will constitute the areas of Deephaven, Excelsior, Greenwood,
Shorewood, Tonka Bay, Victoria, and Woodland. There will be two representatives from
each city appointed to the Cable TV Advisory Corrmission.
Councilman Leonardo and Minnesota League of Women Voters' representative Marry Ellen
Sjoberg requested the opport1ID.ity to come up with other possible appointees although
they're not against Wargo or Frazier.
Ms. Victoria Long will be contacted to give a presentation at the March 9th meeting.
The matter is tabled to the March 9th Council Meeting.
Sjoberg mentioned that there was a workshop on Cable Comrn.m.ications on March 18th
at 4:30 - 8:30 P.M., St. Catherine's College.
MATTERS FROM TIlE FLOOR:
--INDEPENDENT TREE REMOVAL CONTRACTING INQITRY:
Mr . Daryl Ashley, Ashley Tree Service, representing several independent tree r,ernoval
contractors in the local area, requested the opportunity of bfd.ctingonmremovalof
City trees. According to Ashley, they all have qualifications of bonding, liability
insurance, and workrnens compensation.
Councilman Rascop will study the matter, check into hourly rates, obtain a list of
remaining City trees, and get back to the C01ID.cil and Mr. Ashley.
-LEAGUE OF. MINNESOTA CITIES -"League of Legislative Action Conference":
Haugen reported the Conference would be held on March 12, 1981, 8:30 AM - 8:00 PM,
at Holiday Inn Central, St. Paul. The cost is $25.00 per individual. The City will
pay for anyone wishing to go who is a member of the League. The Conference will
focus on the priorities for cities on the 1981 legislative session, policy review,
and adoption.
-LAKE VIRGINIA ACCESS:
Planning Commissioner Bob Gagne just returned from a public hearing at Victoria's
C01ID.cil Meeting held this evening (February 23rd). Gagne reported that a Mr. Jolmson
who now lives in Texas wants to donate to the State of Minnesota his wetlands
property located near Lake Virginia. He wants to donate it for the purpose of having
a public access with enough space for parking six automobiles and/or trailers.
Discussion had centered on how, who, and what to limit--size of boats, canoes,
electric motors. If they do limit, they also limit the people who live there since
it would be a "public" access. Who I s going to police the area? More burglaries"
Lots of opposition.
Shorewood has 6 to 8 homes in the Lake Virginia area on Maple Ridge Lane. Gagne
asked the Victoria Council to submit a copy of their February 23rd Council minutes to
our Council - which they said they would.
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CITY OF SHOREVKX)D
REGUlAR "COUNCIL" MEETING MINUTES
MONDAY, FEBRUARY 23, 1981
PAGE 4 of 5
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PlANNER'S REPORT:
a. Water Policy
b. Nursing Homes
Mayor Baird was not present for the water policy discussion and Planner Nielsen was
not present to explain the nursing hane matter. Therefore, Shaw roved, Haugen seconded,
to table both items to the March 23rd meeting. Motion carried unanimously.
COUNCIL REPORTS:
-TAX FORFEITED lAND:
Re: Co"lmty Board Resolution reflecting the proposed "Policy for Transfer
of Tax Forceited Land" to cities and other governmental subdivisions
in the CO"lmty. (as prepared by: Department of Taxation
Dated 12/31/80)
After discussion, it was determined that the Council is in agreement with and does
not see any problem in canplying with the resolution as represented by the above-
mentioned proposed "Policy for Transfer of Tax Forfeited Land."
-SUBURBAN RATE AUTHORITY:
Rascop reported that Suburban Rate Authority reported that the telephone company
wants to increase the telephone rates. The SRA would like to investigate and be
an advocate for the communities if 75% of the communities agree.
-BUDGET :
Rascop stated he is still waiting for the budget from Bookeeper Roberta Dybvik.
It was explained that Dybvik is waiting for figures fran Long, Froehling, &
Associates.
-POLICY ON THE USAGE OF LOG SPLITTER AND DISEASED TREE TANK:
Discussion occurred on the usage policy of the log splitter as well as the tank
that uses a chemical-such as "lignasan" or "arbotect" which is interjected into
trees for a preventative against Dutch Elm Disease.
Any resident of Shorewood is able to use gratis the log splitter and/or tank merely
upon request. The person(s) are required to sign a Waiver of Liability" form so
that they cannot sue the City. Also they must sign their name(s) on a list when
they check out an item.
Attomey Gary Larson is to look at the present Waiver of Liability form for any
necessary corrections.
--MINNETONKA CC>>1MUNITY SERVICES:
Shaw reported he went to the annual and monthly meetings of the Minnetonka Community
Services. He will provide a file and written report of what is going on there.
--LAKE MINNETONKA CONSERVATION DISTRICT:
Rascop reported that Cross requested to table the request for dock license, for the
125 docks as presented. lMCD asked him to cane back with a new configuration for
docks and a new lot line extending into the water. It's probable that lMCD will
only approve the original 83 dock spaces.
Also, Rascop reported Howards Point is still tabled as necessary reports not yet
received.
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CITY OF SHOREWOOD
REGULAR "COUNCIL" MEETING MINUTES
MONDAY, FEBRUARY 23, 1981
PAGE 5 of 5
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COUNCIL REPORTS (Continued):
--PlANNINC CCM1ISSIONREPORT:
Leonardo reported on the February 17th Planning Comnission meeting. He feels the
Planning Coomission has already put years into the study of the Comprehensive Plan
and has attempted to use verbiage as instructed according to Planner Dave Licht.
For these reasons, the Planning Corrmission is somewhat reluctant in changing any of
the Plan. Therefore, Leonardo suggested perhaps the Council should relieve them from
the task at this time since it now appears to be a Council problem for decision-making.
After further discussion, it was determined to contact Mayor Baird and Planner Dave
Licht to see if they could come to a meeting at 4:30 PM on Monday, March 2nd, or
Tuesday, March 3rd, at which time the whole Council could be present.
-PARK COMMISSION:
Shaw reported on the February 16 Park Comnission meeting. The job description is
progressing well and recorrmendations will be presented to the Council within a short
time.
The Park Corrmission wants Attorney Larson to look at the present contractura1
agreement. QJestions asked were: Does Larson feel there should be a contract
between the City and the users; if so, what should be included in the contract from
a legal point of view? Should a fee be charged-how much? Will liability increase/
decrease?
The Park is seeking input from neighboring cities for guidelines.
APPROVAL OF ClAIMS AND ADJOURNMENT:
Ivbved by Shaw, seconded by Leonardo, to approve the payment of claims covered by the
following checks:
General Fund (00166)
Liquor Fund (00174)
Oks 23576 - 23598
Cks 7455 - 7576
$ 22,405.62
.$ 7,683.57
TOTAL...............$ 30,089.19
Motion carried unanimously, and meeting adjourned at 11:00 P.M.
Respectfully submitted,
Q;()}2~t; t:::hlfJ!./Y!/!t2ae!,
Dart Fahrenbruch
Acting Secretary
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