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022282 CC Reg Min e e . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, FEBRUARY 22, 1982 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 P.M. on Monday, February 22, 1982 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER The meeting opened with the Pledge of Allegiance and prayer. ROLL CALL: Present: Late: Mayor Rascop, Councilpersons Haugen and Gagne. Shaw arrived at 7:43 P.M. Leonardo arrived at 8:40 P.M. Attorney Larson, Engineer Norton, Administrator Uhrhammer and acting Secretary West. Staff: .N..PROVAL OF MINUTES -. FEBRUARY 8; .1982 Corrections: Matters from the Floor - No Parking Zone Request Resolution No. 33-82 Administrator was instructed to send a letter and call the City of Excelsior regarding the problem and the City of Shorewood's actions. MinnetonkaMoorings,Inc. - Fill Permit Council authorized Administrator to meet with the Engineer to determine which maps, in addition to wetlands, are needed by the city and have them drawn up. Regional Railroad Advisory.Committee - Resolution No 34-82 Appointments to this committee are for six month terms. Moved by Haugen, seconded by Gagne, to approve the minutes of the Regular Council meeting of Monday, February 8, 1982 as corrected. Motion carried unanimously. PUBLIC HEARING- COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS - YEAR VIII Larry Blackstead of Hennepin County spoke to the Council and the audience on the CDBG Program funding beginning July 1, 1982. Nothing was removed but mo~eflexibilityhas been incorporated this year. He stated that the program has shifted major emphasis from housing to economic development and job creation. Primary concern is still to benefit low and moderate income people. Shorewood's allocation will be 15% Less in Year VIII than it was in year VII. Council Meeting - 2 - February 22, 1982 e Council members questioned Mr. Blackstead on eligible activities and legitimate uses for funding: 1] Public Services: (Specifically crime prevention/law enforcement) Blackstead stated that-Public Services generally involve day care, health assistance, aid to senior citizens, etc. but he would check into the law enforcement area. 2] Assessments to Homeowners for improvements such as sewer water and streets. Reductions are possible and up to 100% of assessments can be paid, but funding must be targeted to reach or benefit inrlividw~ls who meet low income standards. Individual cities can set the income guidelines but they must not exceed Section 8 limits. Past special assessments levied prior to October 1978 do not apply. 3] Parks: Park funding is contingent upon a study of local neighbor- hoods to determine their economic make-up and needs. This was done in 1978 for Manor Park; a survey which separated Amesbury as it's own neighborhood. More funds could Poss- ibly be designated for Manor but that might require a new study. CDBG funds can be used to adapt public parks for handicapped persons with facilities such as drinking fountains, handi- capped spaces in parking lots, handicap equipped access trails leading to facilities in parks, and some playground equipment. A handicapped accessibility plan for public im- provement should be drawn up by the city which lists current facilities and those which are needed. Hennepin County is available for consultation. e 4] Development: Funds can be put into programs aimed at retaining small businesses or to generate jobs (of a non-high tech nature). The objective is once again, to reach low to moderate in- come people. Blackstead mentioned a program in Mound utilizing a revolving loan fund to businesses for upgrading and improvements - low interest short-term loans. 5] Preservation and Conservation of Open Spaces (Wetlands): Wetlands can be included in funding programs if a problem exists; for example, a project to help eliminate a flooding problem in a low income neighborhood. 6] Rehabilitation: Rehabilitation appears to be one of the best w~ys to use CDBG funding. An upcoming report on rehab projects by Hennepin County will detail the number of clients served, dollars spent, and dollars remaining. . Council Minutes - 3 - February 22, 1982 e If the City of Shorewood determines that a dwelling needs rehabilitation but the owners do not request it, Hennepin County can send them a general letter explaining rehab programs. No staff actually becomes involved unless in- vited by the individual. 7] General Information Dollars from Years VI and VII can carryover to VIII. If any funds remained from Year V they could have been repro- grammed. For Year VIII the City should formally indicate what programs are planned and the Hennepin County staff will analyze them. (A resolution from the Council in April). No input came from the audience during the Public Hearing. The Public Hearing was closed at approximately 8:30. No action was taken by the council until specific uses of the funds could be investigated. e PUBLIC HEARING -HOWARD'S POINT MARINA DOCK APPLICATION Resolution No. 24-82 Explanation of dock reconfiguration by Howard's Point Marina President, Robert Johnson, was explained. No new docks were requested - applica- tion involved moving 2 slips to north side of property. Mrs. Adeline Johnston, 5465 Howard's Point Road, could not attend the meeting but left a message with the City Hall staff - "No objection to dock re-arrangement as long as no new docks are added." Mrs. June Ridinger, 5330 Howard's Point Road, felt plans for recon- figuration were acceptable. She noted that total number of docks should be 38 according to discussions in the past. Moved by Shaw, seconded by Gagne, to approve the dock permit applica- tion. Motioll carried unanimously by roll call vote. Public Hearing was closed at approximately 8:45 P.M. MATTERS FROM THE;FLOOR a] Mrs. Ridinger mentioned a possible dumping violation on private property near Lake Virginia, Smithtown Road; the Hennepin/Carver border. Mayor Rascop instructed Admini- strator to investigate and contact Police Department, if necessary, to enforce zoning regulations. . Mayor Rascop stepped down; meeting temporarily chaired by Gagne. b] Rascop submitted two petitions for street lighting; one for the intersection of Enchanted Lane and Enchanted Point, and Enchanted Lane and Enchanted Drive. The petitions included all full time property owners. Motion was made by Shaw, seconded by Haugen, to refer the matter to NSP for a report on appropriate placement and cost of street lights. Motion carried 3 in favor, 0 against. Council Minutes - 4 - February 22, 1982 . Rascop returned to the chair. PLANNING ,COMMISSION REPORT: No report - Meeting of February16th was postponed. PARK COMMISSION REPORT: Council Liaison Shaw reported that goals and objectives for the corning year had been discussed at the March 15th meeting. A special meeting to discuss Freeman Park plans was under way. Administrator Uhrhammer noted vandalism in Cathcart and Badger Parks. Pop machines were damaged and money lost. They have been removed. Councilperson Haugen advised Council of $15,000. - $20,000. octagonal building from old Excelsior Amusement Park slated to be demolished. She approached developers to request they consider donating it as a tax deduction to Shorewood for a possible park building. The City would have to pay moving expenses estimated at $2,000. e DOCK DISCUSSION Lakeshore property owned by Michael G. Arvidson (5595 Timber Lane) has docks but no primary structure as requred by ordinances. Mr. Arvidson carne before the council with signatures of individuals attesting to the presence of three boat docks on property before June 19, 1973 when he became owner. He felt he was not in violation of ordinances because he was grandfathered in. The matter carne up in 1978 but was not resolved. Attorney Larson stated that the ordinances do not provide for grandfathering but Council could decide to allow.. Council's concerns and discussion involved Arvidson's use of docks - private versus commercial; easements; property ownership; ordinances involved and their enforcement. Motion was made by Haugen, seconded by Shaw, to table issue until next meeting. Council requested that the attorney with assistance from the Planner and Zoning Inspector, research the ordinances and their application to Arvidson's use of docks, whether residential or commercial, and form a legal opinion so the issue can be resolved. Motion passed unanimously. ATTORNEY'S REPORT: a] Dave Owen of Land Plan spoke for McNulty Construction regard- ing development of tennis court and trail in Amesbury. The planned trail is an 8 foot path to allow maintenance vehicles access to the tennis courts. Original development agreements between City and the developer do not address either. Gordon Lindstrom of the Park Commission recalled that any type of black-topped trail was written out of the agreement because of added noise and motor vehicle abuse. e Council Meeting - 5 - February 22, 1982 tit Council was concerned about disturbing the neighbors and that the PURD objective to preserve open areas not be overlooked. Council suggested that the McNulty Company consider a trail through the Amesbury development rather than close to neighboring residents' property lines. Also to discuss plans with neighbors, particularly Stovers and Eiserts. Haugen moved, Gagne seconded, to table until developers have contacted neighbors. Motion carried unanimously. b] VINE HILL FLORIST PROPERTY Attorney Larson informed Council of problems caused by improper zon- ing of property at 19465 State Highway 7 - split commercial/residen- tial. There is an ordinance insufficiency, the city was in error, and the developers should not be required to pay for correction. The Attorney will research to see if any general laws to control the situation exist. Council action is not required but the property owner could ask Council to act on its own motion. The Council tabled the issue until the property owner requests that the property be rezoned. e c] RON JOHNSON Attorney Larson presented John Lee's letter regarding Ron Johnson (5355 Shady Hills Circle) stating Mr. Johnson's intention to remove outbuilding but not necessarily meeting March 15th deadline as requested by the City of Shorewood. Larson feels the City has worked hard, fairly, and negotiated in good faith to resolve the matter amicably. The next step should be to prosecute. Attorney felt procedures would move faster if criminally prosecuted. Shaw moved, Rascop seconded, that the City bring a criminal complaint against Ron Johnson. Motion carried unanimously. ENGINEER'S REPORT . MINNETONKA MOORINGS Jim Norton reported that Minnetonka Moorings' proposed parking lot encroaches on wetlands. Haugen moved, Leonardo seconded, that Attorney draw up a resolu- tion to revoke the present fill permit requiring that Minnetonka Moorings cease and desist all activities regarding the matter, contact the City Engineer, and restore area in question to its original condition. Motion carried unanimously. FROZEN WATER MAINS Engineer and Administrator informed Council of frozen water main involving a Shorewood resident, Bill White (5865 Glencoe Road). The cost of thawing out the line was equally split between the property owner and the city. Councitperson Haugen suggested that the issue of responsibility for servicing the lines be addressed and a policy developed at the special Council Meeting scheduled for February 27th. . Council Meeting - 6 - Febraury 22, 1982 tit ADMINISTRATIVE REPORT: WORK SCHEDULES AND'. BREAK' PERIODS Administrator Uhrhammer submitted policy for Work Schedules and Break Periods for public works department. He stated that policies for office personnel will be developed. Counci1person Haugen suggested that Council Members report any policy infrac- tions to Administrator. e SEWER RATES Ray Odde of Metro Waste Control Commission was contacted regard- ing excessive sewer charges for sewer service. He was in the process of preparing a letter to Administrator outlining cost determination procedures,and expressed his availability to speak to the Council and noted an upcoming meeting with the Lake Mtka. Area Mayors' March 4th in the City of Mound. ICE RINKS Rinks closed as of February 23, 1982 due to melting conditions. MUNICIPAL WATER ISSUE Administrator requested that Council not proceed with water survey until a complete staff report can be made in May. Council needs to be fully informed on existing situation, aware of all problems with the water fund, and certain that a mail-out survey is what is needed as opposed to community education program on the water issue. An April meeting with bonding consultants, City Attorney, and the Engineer should provide answers/insights. MAYOR's REPORT CIGARETTE LICENSES Resolution No. 29-82 Shaw moved, Leonardo seconded, to approve cigarette license appli- cations for (1) Snyder Drug (2) Village Pump. Motion carried unanimously. HENNEPIN COUNTY RAILROAD RIGHT-OF-WAY The Council requested that Bob Gagne express the following ideas about the Railroad Right-of-Way at the February 25th meeting of the Regional Railroad Advisory Committee: ' a. Use abandoned railway as trail system for the present; reserve land, keep long range options open. b. Develop rules and regulations for trail. c. Vehicular controls needed, possibly barriers at road crossings to prevent abuse. d. Keep control at the local municipal level e LMCD REPORT Hennepin County has arbitrary channels 40 feet wide, between Arvidson and Cross properties. Lake/dock useage has been delineated Halsted's Bay Access - A moritorium is in effect on the Halsted's Bay Access. The LMCD wants more infqrmation fI7<Dm the DNR on the environmental and locationa1 effect of locating a public access irt Hhlsted's Bay. It e . Council Meeting - 7 - February 22, 1982 SOLID WASTE Minnetrista was removed as a site. Council commended Haugen for her attendance and input. COUNCIL MEMBER'S REPORT Councilperson Haugen reported on the Mobile Home industry's attempts at lobbying the State Legislature to pass legislation that would allow mobile homes in any district within a municipality. APPROVAL OF CLAIMS ANDADJOUR~MENT Approval of claims and motion for adjournment by Haugen, seconded by Gagne. Motion passed unanimously. Meeting adjourned at 10:27 P.M. General Fund - [00166] Cks 25182 - 25251 = $57,657.61 Liquor Fund - [00174] Cks 8629 - 8647 10,365.07 Respectfully submitted, ~~r:Lw~ I?pf~ Kathleen A. West, Acting Secretary