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030981 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, MARCH 9, 1981 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. Page 1 of 5 M I NUT E S CALL TO ORDER: The last regular meeting of the Shorewood City Council was called to order by Mayor John Baird on Monday, March 9, 1981 at 7:35 P.M. in the Council Chambers. ROLL CALL: Present: Mayor John Baird, Jan Haugen, Tad Shaw, Al Leonardo, Attorney Gary Larson, Engineer Jim Norton Absent: Robert Rascop (Vacation) PLEDGE OF ALLEGIANCE AND PRAYER: Meeting was opened with the Pledge of Allegiance and a Pr?-yer. APPROVAL OF FEBRUARY 23, 1981 COUNCIL MINUTES: On Page 3 of5, under CABLE TELEVISION, Haugen referred to a note received on March 9, 1981 from Mary Ellen Sjoberg. Sjoberg does not disagree wi th the---t-wcr--p-ro-pose-d-cappointees Frazier and Wargo, but only suggested that the process of selection should be broadened, opened, and available for/to more people to become involved. Discussion followed, and there was agreement that the Council has to arrive at a position as to who should be the representatives because it is too important of a Board. Therefore, it behooves the Council to find competent people. Haugen motioned, Leonardo seconded, that the third paragraph under the CABLE-TV portion is to be revised to read as follows: Councilman Leonardo and Minnesota representative Mary Ellen Sjoberg should be an opportunity for more appointees. League of Women Voters' suggested that there input as to the possible , Motion carried unanimously. On Page 5 of 5, under PARK COMMISSION, the second paragraph is to be revised as follows: The Park Commission wants Attorney Larson to look at the present contractural agreement, if any. Questions asked were: Does Larson feel a contract between the City and the users will increase or decrease the City's liability? Discussion followed as to what should be included in the contract from a legal point of view. Haugen moved, Shaw seconded, for approval of the February 23 minutes as corr~cted. Motion carried unanimously. . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MONDAY, MARCH 9, 1981 PAGE 2 of 5 APPROVAL OF MARCH 3, 1981 COUNCIL MINUTES: The second paragraph starting with "The question of "To what..." is to be revised as follows: The question of "To what extent does Metro Council really have over us?" was asked. During discussion, Haugen stated that if a Plan is not submitted by the City, Metro Council has the power to issue one of their own liking for us. If we submit a Plan that is not acceptable, they then have to send it back to us, and we have to continue revis- ing the Plan until it is acceptable to them. If we do not reach that point, THEN they can require that we accept one of their own Plans for us. According to Planner Nielsen, Metro Council has the authority to do so because of the Mandatory Land Planning Act which was passed by the State Legislature. Shaw moved, Haugen seconded, that the March 3, 1981 minutes be approved as corrected. Motion carried unanimously. CABLE TV - VICTORIA LONG PRESENTATION: Victoria L. Long, Cable Communications Specialist from Minnesota Cable Communications Board, St. Paul, Minnesota, gave a presentation on the procedures necessary to follow in going through the cable franchising process and the needs assessment on whether or not it is necessary to have a cable system. The Council is to acquire a list of names. The people contacted are to be made aware of the commitment of time required. Two members are then to be appointed to the Advisory Committee, who in turn will report to the Council. Note: An appointee cannot be working for or be associated in any way with a cable company or any other media. Victoria Long has been assigned by the Minnesota Cable Communications Board to work with our particular group of cities, if any assistance from her is wanted. This matter is to be taken up as the first item on the April 13th agenda. RODNEY PETERSON, Applicant RESOLUTION NO. 8-81 MRS. THOMAS F. BENNETT, Owner DIVISION/COMBINATION - Christmas Lake A resolution approving the division of a portion of Mrs. Thomas Bennett's property to be combined with the adjoining property owned by Mr. Rodney Peterson. Said properties meet with the existing zoning ordinance requirements. Shaw moved, Haugen seconded, to approve the proposal of the sub- division subject to the payment of all fees and to the attorney's and engineer's approval. Motion carried unanimously. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MONDAY, MARCH 9, 1981 PAGE 3 of 5 . THEODORE "TED" DEIKEL - BAY PARK ADDITION: Attorney Ron Haskvitz, representing Mr. Deikel, appeared before the Council for the purpose of seeing whether or not the Council has changed its policy. Mr. Deikel had previously presented this plan and had worked with the City and Engineer for almost a year. Deikel is proposing a walking easement along the northern boundary of his property for dockage for offshore lots. In an October 1977 letter, Frank Kelly interpreted the ordinance as not allowing the docks. According to Haskvitz's interpretation of the zoning ordinance, he says (1) the ordinance says that on a 4/5ths vote, the City can give an easement, and (2) the ordinance says a person who has an easement to the water can have docking privileges. . Mayor Baird wishes to examine the ordinance. He expressed the con- cern of setting a precedent that would be detrimental to Lake Minnetonka and thinks Mr. Deikel would have great difficulty in getting it approved by the Lake Minnetonka Conservation District and the Department of Natural Resources. tZ'-':,l\ .;:;::,<t~~.1'~' /\,' ,~ <t',~:');\'~; J:J', Upon "l~J:-l:".'€'a&1:~:::VI:)t'~., the Counc i 1 has not changed its mind as to the present policy decision. HIGHWAY 7 - TRAFFIC LANE DEMARCATION: Mayor Baird read aloud the letter dated March 4, 1981 from Earl L. Johnson, Chief of the South Lake Minnetonka Public Safety Depart- ment (on file in City Hall). Said letter indicates disapproval of painting surfaces alone without also having permanent curbing or other type dividers. Sandy Kennelly, Deputy Clerk of Shorewood, stated she had verbal communication from Jerry Schlenk of Chanhassen who s~id the State was proposing to go ahead with the demarcation project along Highway 7. Leonardo motioned, Shaw seconded, that the Planning Commission look at it and submit recommendations to the Council. Motion carried unanimously. Mayor Baird will write a letter to the Minnesota State Highway Department and to City of Chanhassen to ask them to please put a hold on it until we have further reviewed it. RELEASE FOR TAX FORFEITED LAND, R.L.S. No. 1064, Tract A.: It is not necessary to forfeit. This property has been repurchased by the original owner, Nobel Bottiger. MATTERS FROM THE FLOOR: . None. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MONDAY, MARCH 9, 1981 Page 4 of 5 . ENGINEER'S REPORT: --CRESCENT BEACH A plan in regards to putting in a 24-inch reinforced concrete pipe from Birch Bluff Road to the driveway was submitted by Engineer Norton regarding a drainage problem along Crescent Beach. He estimated an approximate cost of $30,000, but which is subject to input from both Minnetonka Watershed District and the Department of Natural Resources. Norton also will check into possible financial aid from MWSD and DNR regarding the spawning fish being trapped when water level lowers. Tonka Bay is to be carbon copied on everything going to MWSD and DNR. This matter is tabled until response is received back from MWSD and DNR. COUNCIL REPORTS: --Mayor: . Reference was made to a person who lives in Tonka Bay but who has had his truck parked on Timber Lane for the past three months. Shorewood adopts all of the State ordinances when Shorewood has none of its own to cover a matter. Question: "What happens when a vehicle is parked on the street for some time?" A nuisance? An abandonment? Pol~Chief Johnson will send ordinances from other cities, and the Council could consider those at a future meeting. --HOWARDS POINT MARINA - Newspaper article: Mayor Baird read the article aloud that appeared in the February 25, 1981 issue of the Maverick. The Council agreed the article is inflammatory and absolutely untrue. It was questioned as to whether it had also appeared in the Sun newspaper. Baird will contact both newspapers. --VILLAGE PUMP: Brad Nielsen will review the sign ordinance regarding possible violations, per Jan Haugen's request. --BADGER WELL: There was discussion regarding the cost of completion and possible capping of Badger Well. Concerns were expressed regarding further expenditure for completion and legal complications ir gr~nted contracts are nullified. Council requested Engineer Norton to come up with cost and feasi- bility study to extend a new water line from Tonka Bay and make extensions to servLce the Wild Duck III Addition with municipal water. He is also to delay the pre-construction meeting for Badger pump house until the 27th of March. . Council called a Special Meeting for March 25th to review the engineer's report on completion cost of well and feasibility to acquire Tonka Bay water. Attorney Larson is to report on legality of nullifying present contracts. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MONDAY, MARCH 9, 1981 Page 5 of 5 . PLANNING COMMISSION: --Council will delay study of water policy issue until April 13th. Planning Commission will study the water policy issue on March 17th in order to make recommendations to the Council. PARK COMMISSION: --The Council tabled the matter of the Joint-Powers Agreement regarding bikeways the Park Commission is to review for a recommendation to the Council. APPROVAL OF CLAIMS AND ADJOURNMENT: Moved by Shaw, seconded by Haugen, to approve the payment of claims covered by the following checks: General Fund (00166) Liquor Fund (00174) Cks 23598 - 23684 Cks 7477 - 7539 $ 51,673.60 42,432.27 $ 94,105.87 . Motion carried unanimously, and the meeting adjourned at 10:15 P.M. Respectfully submitted, /[/V21: E Dart Fahrenbruch Acting Secretary SK:DCF .