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070885 CC Reg Min . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JULY 8, 1985 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., Monday, July 8, 1985 in the Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop and Counci1members Shaw, Stover, Gagne, and Haugen. Staff: Attorney Froberg, Engineer Frigaard, Planner Nielsen, Administrator Vogt, and Deputy Clerk Niccum. . APPROVAL OF MINUTES Shaw moved, seconded by Stover, to approve the Regular Council Minutes of the meeting held June 24, 1985 with corrections in spelling. Motion carried - 5 Ayes. AGENDA AMENDMENT Mayor Rascop amended the Agenda by adding the Planning Commission Report and Park Commission Report to be followed by Matters from the Floor. Motion accepted. PARK COMMISSION REPORT . Martey Jakel informed the Council that they will try to obtain up to twenty (20) used picnic tables, at no cost to the City, from the Hennepin County Park Board. Geoff Martin, representing Shorewood Oaks, attended the Park Commission's last meeting and presented their park plan. He explained their plans for drainage of their project and it~s effect on Freeman Park. The Park Commission recommended accep- tance of their plan contingent upon Engineering and Planning approvals. Carol Butterfield submitted her resignation, 1, 1985; she will be moving from Shorewood. her for her contribution to the City and the and accepted her resignation. Mayor Rascop will be hosting a party at his home on July 17 to thank the volunteers that gave their time to paint the Cathcart warming house and equipment. effective August Council thanked Park Commission REGULAR COUNCIL MEETING - 2 - JULY 8, 1985 . . PLANNING COMMISSION REPORT Stover reported that the last meeting of the Planning Commission was not held, due to lack of a quorum. Mayor Rascop asked the Administrator if he has received any appli- cations for the vacancy on the Planning Commission. At this time, only one application has been received. Stover and Shaw expressed their concern that the members should represent the various regions of the City. The present applicant does not live in the area that the vacancy is in. Gagne felt that we should accept those that are willing to work regardless of what area of the City they live in. Council tabled decision until the next meeting. MATTERS FROM THE FLOOR . CATHCART DRIVE COMPLAINT Craig Miller, 6075 Cathcart Drive, had a complaint on the dust problems being created by the temporary gravel repair on that road. Mrs. Miller complained of dust, causing damage to her shrubs, furniture and carpeting. She stated she has not been able to open her windows because of the dust. She also feels this is unhealthy to elderly neighbors and the Miller's asth- matic daughter. . Bonnie Shoutz, 6130 Cathcart Drive, questioned the use of cal- cium chloride to settle the dust. Engineer Frigaard felt that it was too corrosive to automobiles to use and oil would be more effective. Council discussed methods of repairing or temporarily handling the dust problem. Costs of overlaying, versus oiling, were re- viewed. After discussion with the Public Works Director and the Engineer, Haugen moved to direct that the road be oiled twice and that the Public Works Director return with a report on the condition of the road. Seconded by Gagne. Motion carried. REQUEST FOR STREET SIGN Bob Reutiman requested that a new sign be installed on Galpin Lake Road; sign is presently missing. Council directed staff to handle the replacement of the sign. WEST HENNEPIN HUMAN SERVICE BOARD Haugen moved, seconded by Gagne, to appoint Martey Jakel to the board. Henry Carson was unable to accept the appointment. Motion carried - 5 Ayes. . PUBLIC HEARING - MICHAEL McDONALD Mayor Rascop announced the withdrawal of this application for a Public Hearing by the applicant, Michael McDonald. . . . . REGULAR COUNCIL MEETING - 3 - JULY 8, 1985 SIGN PERMIT REQUEST - I.C.O. A request was submitted by Tom Wilharm of the I.C.O. at 5680 County Road 19, to erect a new sign 17' x 3' that is in compliance with the new Sign Ordinance. Gagne moved, seconded by Stover, as requested, subject to removal ners, as recommended by Planner. to grant the permit for the new sign of portable cigarette sign and ban- Motion carried - 5 Ayes. COUNTRY KITCHEN SIGN PERMIT A request has been submitted by Country Kitchen to alter their exist- ing sign. Planner Nielsen stated that their request is well within the restrictions of the ordinance. Haugen moved, seconded by Stover, to approve the sign permit for the Country Kitchen as requested. Motion carried - 5 Ayes. PUBLIC HEARING - SIMPLE SUBDIVISION LOT AREA VARIANCE - DARYL TRONES Mayor Rascop opened the Public Hearing at 8:00 P.M. to hear a request from Daryl Trones of 26220 Wild Rose Lane. Planner Nielsen recommend- ed that the hearing be continued to the July 22 Council meeting be- cause of the lack of a quorum. The Planning Commission is scheduled to handle this matter on July 16th. Nielsen reviewed the request for the Council. A division request was originally made in 1979 by the present owner, William Carrothers, and not filed at the County. Despite the reduction in square footage re- quired by the Zoning Ordinance the new lot is buildable, the setbacks can be met. Mrs. Edith Jenks of 26175 Wild Rose Lane was present to state her disapproval of the reduced lot size and the possibility that an inex- pensive home may be built on the site. Haugen moved, seconded by Shaw, to continue the public hearing on July 22, 1985. SWIMMING POOL PERMIT - ROBERT NELSON Mr. Nelson was present to request a permit to install swimming pool, deck, and fence. Planner Nielsen felt the necessary setbacks and no problem exists. Shaw moved, seconded by Gagn~ to approve the issuance as requested with the option for a 5 foot high fence. 5 Ayes. an above ground he met all of of the permit Motion carried SOLICITATION ORDINANCE REVIEW Chief Richard Young reviewed various types of Ordinances by refer-' ringto Solicitation Ordinances in the surrounding cities. He also indicated that Hennepin County issues licenses to solicity in the County. Haugen spoke in favor of the Ordinance so that the City would know who and where these people are that are working in the City. She supports the sample Ordinance that regulates a setback distance from roads that the solicitor can work in or set up signes, etc. . . . REGULAR COUNCIL MEETING - 4 - JULY 8, 1985 SOLICITATION ORDINANCE REVIEW (Continued) Joe Gorecki questioned whether high school students selling school projects would be prohibited by this ordinance. Attorney Froberg stated it would include them unless they were specifically listed as allowable. Robert Reutiman felt the City is just creating another ordinance that is difficult to regulate and enforce. Haugen has a great concern for the traffic problems that are caused by selling close to the road or signs causing problems of site dis- tance. Gagne's concerns are protecting the residents against vandalism. Resident Beal felt the city already has ordinances that are on the books and not enforced; why add additional ordinances that will not be enforced. Council took no action for the continuation of discus- sion on this ordinance. Mayor Rascop then questioned the progress on the junk complaint again- st the Blood property. Attorney Froberg up-dated the Council on what has already been done and what legal steps are taking place prior to a court hearing. ATTORNEY'S REPORT NAEGELE SIGN ISSUE PROGRESS Attorney Froberg has been working with Naegele's attorney, Peter Quail, to obtain a settlement of the lawsuit. The current agree- ment contains the right of Naegele Sign Company to retain their sign at Christmas Lake Road and Highway 7 for ten years from the date of installation and the City would receive a $5,000 donation to the Park Fund. Attorney Quail has not received a response on this agreement from the Sign Company as to date. Reutiman questions the 10 year allowance of the sign. He thought the City had not agreed to 10 years previously. Mayor Rascop stated that the City had requested five years and lately seven years but Naegele had never agreed to either. ENGINEER'S REPORT CATHCART AREA IMPROVEMENTS STATUS REPORT Engineer Frigaard stated that Norton, Vogt, and Kennelly have met to gather information on the storm sewer and street project im~ provements. This information will be submitted at a later Council meeting. R~scop urged the staff to set a time schedule for this project to take advantage of the best bid time early next spring if the pro- ject goes through. . REGULAR COUNCIL MEETING - 5 - JULY 8, 1985 ADMINISTRATOR'S REPORT BACHE LETTER OF COMPLAINT Mayor Rascop has submitted a copy of Mr. Bache's letter to Chief Young so that he can respond to the enforcement issues in that letter. RESIGNATION OF MYR~LE PAULSON A letter has been received from Mrs. Paulson resigning from the Well Study Committee, due to other obligations. Rascop asked Mr. Beal of the committee if they will be able to continue with four members or if they will be needing an additional member. Mr. Beal stated that they will discuss that at their next meet- ing and will let the Council know what they determined. . MAYOR'S REPORT Mayor Rascop referred to letters he has received in reference to: 1. Refuse Collection 2. New name for W.T.C.N. 3. Bob Lower - Complaint against the R.V. Ordinance 4. L.M.C.D. - Boat Trip 5. A.M.M. 6. Opposing heliport within the City. 7. Metro Council request for a Regional Transit Board Member 8. Christmas Lake Access - Shaw would like a letter sent to Joe Alexander stating that the City's position is not opposition but is "cautious optomism" because the state will not be pay- ing for the problems that come to the City, the cost is passed on to the City; such as maintenance and enforce- ment. 9. N.W. Bell rate charge Public Hearing 10. John Luce - Complaint on receiving a citation on his dog that was ticketed for no license when he had only lived in the City a week. Rascop recommended amending the ordinance to allow 30 days to obtain a dog license after moving into the City. COUNCIL REPORT . MURFIN PROPERTY PURCHASE The offer from Mr. Murfin was discussed at a rate of $5.00 per square foot (85 x 330) for a total of $140,000 for the land adjoin~ ing the public works garage. The issue of the oil storage tanks has not been determined as yet. Gagne would like an appraisal done by a real estate firm. REGULAR COUNCIL MEETING - 6 - JULY 8, 1985 . MURFIN PROPERTY (Continued) Haugen moved, to instruct the Administrator to obtain an appraisal on the property, seconded by Gagne. Motion carried. WATER SERVICE - TRIVESCO Mayor Rascop reviewed staff memos received from the City of Minnetonka and the meeting at Minnetonka that he attended on July 1, 1985. The first memo received referred to the possibility of Minnetonka refusing to supply interim water service as requested by Trivesco and then asking them to file for annexation under a 1985 law. The second memo stated four alternatives that Minnetonka may choose to take: . l. 2. 3. 4. Agree to provide temporary water on the condition that the annexation go through. After receiving this memo Rasop cONtacted by phone the members of the Council to obtain their views on the memos, prior to his meet- ing at Minnetonka. He asked the City of Minnetonka to approve the water connection for Trivesco and allow Shorewood 30 days to come up with a new position on water. Minnetonka felt that the City has the responsibility to provide water and that alone was a good reason to annex this land. Minnetonka approved the 30 day exten- sion for a new water policy but did not grant approval of the con- nection for Trivesco. Do nothing Grant the request Defer consideration until annexation . Gagne asked for clarification of the new annexation law that now provides for a property owner to request annexation and by-pass the City. Attorney Froberg answered various questions of the Council on the procedures of annexation. Mayor Rascop stated that he felt a Municipal Water System for this area of the City is in the best interest of the City. He feels with the cooperation of interim water service from Minnetonka the water system can be economically feasible and a profit making system. Stover is in opposition to the water system and feels that the City is assuming too many factors, primarily that all the pro- posed development planned for that area, actually occurs. Rascop felt the interim water service will allow the 90 home connections and then insure that the system will not have to be financially subsidized. Rascop does not feel that the current policy has to be changed at this time because the policy does provide for water connections to other cities. ~~ REGULAR COUNCIL MEETING - 7 - JULY 8, 1985 . WATER SERVICE: TRIVESCO (Continued) Haugen stated her dissatisfaction with Minnetonka telling Shore- wood what their policy on water should be. She suggested that Shorewood go back to Minnetonka with a request for 90 connections on a first-come first-serve basis for the developers. All the agreements would stay primarily the same with the exclusion of references to the granting of a franchise to operate the water system. Gagne did not feel that we were forcing the water on any citizens that did not request it, with the exclusion of one existing resi- dent in that area. Stover questions the rate at which Shorewood will charge other properties outside the project if they get water service in the future. Council felt that issue would have to be addressed at the time that it may occur. Resident Beal asked if an exchange of land through annexation might be a solution. The mayor felt that this area is a valuable asset to the City and should be kept. Resident Bergslein felt that the developer should pay for the system immediately and not deal with Minnetonka at all. Rascop explained the time involved in the installation of a system and that water is needed now for the houses that are already being constructed. The 90 home connection is needed to cover operating expenses. Resident Towne referred to last fall's meeting on the water issue when the Council stated that Trivesco had the water issue taken care of. Rascop stated that legislative laws have caused changes, this will only eliminate the franchise agreement but the cost will remain totally the developers responsibility. Resident Beal felt the residents of this city did not want any- thing that resembles a municipal water system. He also felt the developers were "taking" the city and the well maintenance cost will be charged back to the city residents again. Attorney Froberg will report back to the Council on the establish- ment of a water district for assessing the cost of the water sys- tem. Haugen requested again that Mayor Rascop request Minnetonka for the 90 connections as in the previously submitted development agreement. Mr. Mason stated that a formal resolution from Shore- wood, stating their position, is what Minnetonka is expecting. Rascop read aloud a prepared resolution submitted by Gagne and himself, drafted by City Attorney Froberg. Council discussed portions of the resolution. . . MUNICIPAL WATER POLICY RESOLUTION NO. 48-85 Gagne moved, seconded by Shaw, to adopt the resolution as submitted and to transmit to the City of Minnetonka by the Administrator. Motion carried by roll call vote - 4 Ayes - 1 Naye (Stover) . REGULAR COUNCIL MEETING - 8 - JULY 8, 1985 MINNEHAHA WATERSHED DISTRICT LETTER Gagne received a letter from the Watershed District informing him of an application from Snug Harbor to dig out 1700 cubic yards of sludge from their lake area. Council directed Nielsen to find out where the sludge will be deposited. CABLE REIMBURSEMENT A check has been received from Dow-Sat Company reimbursing the cities for expenses. The check is $2,000 short due to a disagreement with Minnetonka Beach and Orono. The check will be returned for full pay- ment and Dow-Sat should deal with the two cities individually to come to an agreement. TRIVESCO PLAT AND DEVELOPMENT AGREEMENT Mr. Mason would like to obtain a signed plat for filing and a signed development agreement as soon as possible. Council will direct the Staff to expedite this matter. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Rascop, to adjourn the Regular Council meeting of July 8, 1985 at 10:40 P.M. subject to approval of claims . for payment. Motion carried - 5 Ayes. . General Fund - Account #00166-02 Liquor Fund "#00174 Checks 30698-30757 =$28,761.36 " 3576- 3637 50,511.09 Respectfully submitted, Sandra L. Kennelly, City Clerk 4~-<e~ Mayor Rascop