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092385 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, SPETEMBER 23, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M-INUTES CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 P.M., Monday, September 23, 1985 in the City Hall Council Chambers. PLEDGE OF ALLEGIANCE AND PRAYER M~yor Rascop opened'lthacmeeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Haugen, Shaw, Stover, and Gagne. Staff: Atttorney Froberg, Engineer Nort6n, Planner Nielsen, Administrator Vogt, and Clerk Kennelly. APPROVAL OF MINUTES . Gagne moved, seconded by Stover, to approve the minutes of the budget review and Council meeting of September 9, 1985 with correction in the budget review of the police department. Motion carried - 5 ayes. CONSENT AGENDA PAYMENT VOUCHER APPROVALS Engineer Norton recommended payment of Voucher #7 - Project #84-5- to Kenko, Inc. in the amount of $119,899,84 and Voucher #5 - Project #84-2 to Valley Paving in the amount of $3837,05~ Haugen moved, seconded by Shaw, to approve the request as submitted on the Consent Agenda. Motion carried - 5 ayes. PLANNING COMMISSION REPORT Stover reported on th~ public hearing held on the proposed lake access on Christmas Lake to be donated to the City by the Christmas Lake Association. The Committee also discussed the issue of boat storage on residential lots. REGULAR COUNCIL MEETING - 2 - SEPTEMBER 23. 1985 . PARK COMMISSION REPORT Gagne indicated that an applicant for the vacancy on the Committee has been interviewed. The Committee will make an appointment recommendation to the Council at a later date. They are currently reviewing park expenditures, and working on monies expended to date on Freeman Park separately. CHRISTMAS LAKE ACCESS DONATION DISCUSSION LAKE ACCESS CONCEPT APPROVAL RESOLUTION-NO. 77-8S Frank Fallon, President of the Christmas Lake Association, and members Steve Bruce and Heidi Larson were present to request a Resolution supporting the concept of their proposal to donate an improved lake access on Christmas Lake to the City. They would like that Resolution passed onto the DNR. . Mr. Fallon reviewed the DNR efforts to obtain an access on the BTook's property by means of condemnation. The Association has modified their original plan by adding a boat ramp and donating the area to the City for it's control. They do feel that the proposed plan of 3 car/boat trailer parking spaces does comply with the state regulations requJir~ng parking facilities equal to daily usage. The average daily boat usage is 2.7 by it's lake residents. They do understand the Planning Commission'~ concerns on road width access, and design. They will be returning with a final plan and understand that a continuation of the public hearing will be held for further public input. Council discussed the agreement that contains a "reverter clause" if another access is placed on Christmas Lake. Attorney Froberg did feel this agreement should have some time limits to protect the City from lose of maintenance expense. Bruce felt there would be very minimal expense to the Cit~ as the access ~ite would be given to the City completely improved by the Association and at their expense. Gagne moved, seconded by Shaw, to approve the Resolution as recommended by the Planning Commission and submit that Resolution to the DNR. Resolution was adopted by roll call vote - 5 ayes. PLUMBING-CODE VIOLATION~ 23690-GILLETTE CURVE Harlan Koehnen, owner of a house located at 23690 Gillette Curve was present to answer a plumbing code violation complaint. The violation is for allowing occupancy of a home that has no water supply. This home is currently occupied and rented by Mr. Koehnen to Beryl Niccum. ' . Mr. Koehnen explained that after he received the notification of violation, he went to Attorney Froberg's office for explanation. Mr. Froberg was unavailable at that time. Council felt that he should have respondedtD the CityJ?lanner Nielsen, the originator of the letter and that he has had time to respond. Haugen stated REGULAR COUNCIL MEETING - 3 - SEPTEMBER 23, 1985 . PLUMBING-CODE VIOLATION ~ 23690 GILLETTE CURVE ~(CONTINUED) that it is the City's job to make sure that water is available to its residents. Koehnen stated that he can not and does not receive enough money from this tenant to make necessary improvements. Council felt that was between his tenant and himself to determine. Council directed that the home be supplied water by October 7, 1985. Mr. Koehnen did agree. There is a municipal water system available for hook-up to that home. SIGN PERMIT-~-MINNETONKA BANK - 23780 State Highway 7 Planner Nielsen requested a sign permit be Bank. The request will not alter the size it will only alter the copy on that sign. under the Ordinance presently in effect. issued to the Minnetonka of the existing sign, The sign is non-conforming Gagne moved, seconded by Stover, to approve the sign permit subject to no increase in size or height, just change in copy. Motion carried- 5 ayes. POLICE COMMITTEE UPDATE REPORT . Haugen reported on the Committee meeting held to discuss a new PQlice formula This will determine the basis on each cities contribution to the support ot the police department, and to the length'of the contract period. Council then discussed various methods of determining each cities contribution; road mileage, population, assessed valuation, set mills, demand, tickets issued, in City time, variations and/or combination of these. Shaw moved, seconded by Rascop, to base formula on 100% of demand, by means of a 5 year phasing program by adding 10% demand each year onto the 50% demand rate that currently exists, phasing out mileage first and then population. The 100% demand would then have 5 years experience to be based upon. Motion carried - 4 ayes, 1 nay (Stover) and will be returned to the Committee as a recommendation. The Council then discussed the length of the police contract. Stover was in favor of a long term contract as long as the department continues to operate at the present efficient level or improves further. Concerns that cost caps may have to be included in case levy limitations are imposed when Shorewood reaches 5000 population, causing limited revenues. Froberg did feel that there are a number of ways contracts can be broken if a real problem occurs. Contract years were discussed in relationship to the issuance of bonds for the newly proposed police department building. . The question of the status of the condemnation of the site in Excelsior for the proposal in police department, was brought up. . . . REGULAR COUNCIL MEETING - 4 - SEPTEMBER 23, 1985 POLICE COMMITTEE UPDATE REPORT (CONTINUED) Will Excelsior have control within the 180 days limit, as agreed upon? Froberg indicated that "control" may be achieved within that period of time. The Council again offered to build a new police department building on the Shorewood site, and would agree to changing the original conditions suggested by the Park Commission. Stover offered a motion to be sent back to the Police Committee; Shorewood would guarantee that a police department would exist for the joint powers cities for 25 years if the police building was built by Shorewood or Excelsior would be expected to supply the same guarantee if built by Excelsior. Rascop suggested that Shorewood should have 1 additional represent- ative on the police board because of the portion of the contribution made by the City. Haugen and Shaw will return to the Police Committee with all the suggestions made by the Council. TONKA BAY.- WATER. SERVICE AGREEMENT Council reviewed the new agreement and felt that the connection fees are too excessive for water connections. Haugen moved, seconded by Gagne to reject the new agreement as sub- mitted. Motion carried - 5 ayes. Shaw instructed the Administrator to notify Tonka Bay of the areas of the Agreement that the City did not support. ENGINEER'S REPORT WATERFORD SPECIAL ASSESSMENT ROLLS Engineer Norton informed the Council that October 7th is the deadline to approve the assessment rolls on the Waterford - Project No. 84-5 to be certified to the County in order to be placed on next years tax statements. Norton has obtained waivers from the affected owners to eliminate the need foran assessment hearings. ATTORNEY'S REPORT BLOOD JUNK COMPLAINT Attorney Froberg stated that Mr. Blood has called the courts and has said he is willing to voluntarily surrender. To date, he has not. Gagne moved, seconded by Stover, to authorize the Attorney to s.end notification listing all items to be removed within 10 days . . . REGULAR COUNCIL MEETING - 5 - SEPTEMBER 23, 1985 ATTORNEY'S REPORT 7 (CONTINUED) BLOOD JUNK COMPLAINT (CONTINUED) or the City will proceed to remove and charge back the expense to the property. Motion carried - 4 ayes, 1 nay (Shaw). NAEGELE SIGN LITIGATION No response has been received on the Naegele Agreement. directed the Attorney to continue to try to correspond. would like the report at the next meeting. Council Rascop ADMINISTRATOR REPORT WATER REQUEST - 5810 CLUB ROAD Council directed to respond to Mrs. Pike and inform her that there isn~,t muncipal water available at that site, nor plans to extend water to that area~ STREET LIGHT PETITION - GALPIN LANE Haugen moved, seconded by Stover, to authorize the installation of a street light at the corner of Galpin Lane and Galpin Lake Road as requested by a petition. Motion carried - 5 ayes. DNR MEETING The DNR is in the process of trying to obtain an access on Lake Minnetonka at the Kings Point area in Minnetrista again. WEDGEWOOD ROAD IMPROVEMENTS Vogt and Dutcher looked at the condition of Wedgewood Road. Mr. Dutcher has decided to dig out and replace some areas of that road and l~ave until spring. The condition of the road in the spring will determine how he will proceed with additional repairs. AUTHORIZATION TO PURCHASE POST HOLE DIGGER A request to purchase a post hole digger for $825.00 has been made by Public Works. This equipment would be installed on the City tractor. Gagne moved, seconded by Shaw, to approve the request. Motion carried - 5 ayes. . . . REGULAR COUNCIL MEETING - 6 - SEPTEMBER 23, 1985 MAYOR'S REPORT MURFIN PROPERTY DISCUSSION Mayor Rascop reported on a meeting with Mr. Murfin to discuss the purchase price offer submitted by the City. Murfin has not agreed to reduce his price, and has asked that we remove our water connect- ion that services the City garage and office buildings. There was only a verbal agreement to connect to that line, no easement was acquired. Attorney Froberg will return with information on "easement by prescription". The Council wants the water connection to be made to the Badger Well. Haugen moved, seconded by Stover, to direct the Attorney to research this matter and return with a report at the next meeting. Motion carried - 5 ayes. COUNCIL REPORTS FEUERSTEIN REQUEST Shaw submitted a request by Mr. & Mrs. Feuerstein to rework their sewer use to reflect a single family use, not two family as is currently billed. They are willing to remove a stove from the second kitchen and will submit a letter agreeing to relinquish any further rights to rent a second unit in their home. Shaw moved, seconded by Rascop, to forgive past due balance, if any, for the past year on any second unit charged. Motion carried - 5 ayes. APPROVAL OF CLAIMS AND ADJOURNMENT Haugen moved, seconded by Gagne, to adjourn the Regular Council meeting of September 23, 1985 subject to approval of Claims for Payment at 10!20 P.M. Motion carried unanimously - 5 ayes. General Fund - Acct. #00166-02 Checks 31046-31112=$170,985.72 Liquor Fund -Acct. #00174 Checks 3868- 3014=$ 35,839.98 Respectfully submitted, Sandra L. Kennelly City Clerk 4P~~ Mayor Rascop