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102885 CC Reg Min CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, OCTOBER 28, 1985 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. . MINUTES CALL TO ORDER The regular meeting of the Shorewood City Council was called to order by Mayor Rascop at 7:30 P.M., Monday, October 28, 1985 in the City Hall Council Chamber. PLEDGE OF ALLEGIANCE AND PRAYER Mayor Rascop opened the meeting with the Pledge of Allegiance and a prayer. ROLL CALL Present: Mayor Rascop, Councilmembers Shaw, Stover, Gagne and Haugen Staff: Attorney Froberg, Engineer Mittlesteadt, Planner Nielsen, Administrator Vogt and Clerk Kennelly APPROVAL OF MINUTES . Budget Review meeting - September 30, 1985 Haugen moved, seconded by Stover, to approve the minutes of the September 30, 1985 Budget meeting as written. Motion carried - 4 ayes (Shaw temporarily absent). Regular Council meeting Gagne moved, seconded by Stover, to approve the minutes of the Regular Council meeting of October 7, 1985 as written. Motion carried - 4 ayes (Shaw temporarily absent). CONSENT AGENDA Project #84-5G - Payment Voucher #3 - Wangerin Inc. Authorize payment in the amount of $14,117.45 for Project #84-5G - Payment Voucher #3 to Wangerin, Ihc., as recommended by the City Engineer. Project #84-5 - Payment Voucher #8 - Kenko, Inc. Authorize payment in the amount of $1~,697.6~ for Project #84-5 - payment Voucher #8 to Kendo Inc., as recommended by the City Engineer. Gagne moved, seconded by Haugen, to approve the items listed under Consent Agenda. Motion carried unanimously - 5 ayes. . REGULAR COUNCIL MEETING -2- MONDAY, OCTOBER 28, 1985 . PARK COMMISSION REPORT Commissioner Jakel reported the issues discussed at the past Park Commission meeting. He informed the Council of the vacancy on the Commission created by the resignation of Gary Carl. The replacement of Cathcart Hockey rink has been postponed for this season due to a late start and the receipt of only one bid that exceeded the $5,000 approved expenditure. Repairs will be done instead. Rascop suggested bidding out the project this winter for spring installation. CORRIDOR STUDY DISCUSSION . Administrator Vogt updated the Council on the progress of the Corridor study. Vogt then introduced Steve Alderson of the Met Council to answer any questions the Council may have on the progress of the study and to request a commitment toward funding the study. Individual cities contributions have been determined according to use. Shorewood's portion of the contribution has been suggested at $5000. Haugen informed Mr. Alderson of an agreement with Minnetonka where they agreed to give Shorewood credit for the funds expended on our traffic study if Shorewood would withdraw their traffic study until completion of a corridor study. They also requested that Shorewood support the corridor study. Haugen feels Shorewood has already made their contribution and that Met Council should ask Minnetonka to honor their agreement with Shorewood by giving credit to Shorewood for their traffic study costs against the contribution now being requested. Mr. Alderson does not feel that the Met Council should get involved in an agreement between cities. Shaw felt the real issue is whether the Council feels the study is necessary or not. Rascop felt the study was necessary and thats why the city requi~ed the developer of Trivesco to pay for that study. Rascop has felt that this study has been necessary for a long time, so they went ahead and did the study with no cooperation or support from the other affected cittes. He feels that the cost of this study should be distributed among the other cities in the corridor study. Mr. Alderson would like a decision on the support of the study by December 1st for the Met Council to proceed. He did agree to attend a meeting between Minnetonka and Shorewood to discuss the funding issue but he would not initiate that meeting. Shaw moved, seconded by Gagne, to support the concept of the study. Motion carried - 5 ayes. . Shaw moved to defer funding the study until Minnetonka determines in what amount they are willing to support Shorewood and give credit to Shorewood for their completed study, seconded by Gagne. Motion carried - 5 ayes. REGULAR COUNCIL MEETING -3- MONDAY,. OCTOBER 28, 1985 ~ NO PARKING SIGN FOR ENCHANTED DRIVE RESOLUTION NO. 83-85 Greg Smith, Barb Kimball and Elroy Richter presented a petition to the Council requesting a "No Parking" sign for the cul-de-sac on Enchanted Drive due to the parking of cars on the cul-de-sac, the school bus can not make the turn around. This has required the children from the road to have to catch a bus in a very dark and secluded area. Parents feel this area is not safe for small children. Haugen moved, seconded by Shaw, to instruct staff to install "No Parking" signs in the cul-de-sac during the school term. Motion carried by Roll Call Vote - 5 ayes. NO PARKING SIGNS FOR CHRISTMAS LAKE ROAD RESOLUTION NO. 84-85 Planner Nielsen requested approval of the installation of "No Parking" signs on Christmas Lake Road just south of Highwy 7 because of the continuous parking of cars for sale. Gagne moved, seconded by Haugen, to grant approval of the "No Parking" signs at that location. Motion carried by Roll Call Vote -5 ayes. ~ COUNCIL BREAK TO REVIEW STAFF REPORTS - 8:48 - 8:51 P.M. RESPONSE TO WATER STUDY COMMITTEE LETTER Council reviewed staff response from Engineer, Attorney, and Admin- istrator to the Water Study Committee's recommendations. They dis- cussed the legality of items #3 and #10 of the Committee report regarding abandoning wells and selling wells back to developers to maintain and operate. The issue of charging water rates to cover operations and maintenance of the system they are connected tOMas discussed. Water service rates will be researched by Attorney Froberg, he will return to the Council with his opinion. Shaw moved, seconded by Haugen, to accept the report and thank the members for their report. Shaw would like a rate study report included. Stover offered an amendment to the motion to include items 6 and 9 to be adopt;ed.into the policy. Amendment died for lack of a second. Shaw's motion was accepted - 4 ayes to 1 abstain (Sltover). Stover moved to adopt item #6 -"Establish a policy that all future wells in which the City is involved be structured with developers to assure no operation deficit for the City at any time during the life of the well", Haugen seconded. Shaw offered an amendment to include "not accepting the wells until profitable) to protect the City from any expense". Amendment accepted by Stover, seconded by Haugen. Motion carried - 3 ayes - 2 nays (Shaw and Gagne) . The Water Study Committee was thanked for their work done. Their report signified the completion of the Committee and its work. . . . REGULAR COUNCIL MEETING -4- MONDAY, OCTOBER 26, 1985 P.U.D. ZONING - ROBERT S.C. PEiTERSON ADDITION ORDINANCE #17}1Jf Stover moved, seconded by Haugen, the Robert S.C. Peterson Addition Zoning Map to reflect the change. Vote - 5 ayes. to approve the P.U.D. Zoning for and amendment of the official Ordinance adopted by Roll Call ATTORNEY'S REPORT Murfin Property Purchase Froberg has received the abstract title and has examined it and prepared a title opinion. The present renter has an option to purchase the property until 1988. The Purchase Agreement has been drawn and sent to Mr. Murfin as directed by the Council. No reply has been received to date. Naegele Litigation A letter was submitted to Naegele tBrms set forth by the Council. Froberg then responded in writing by the next Council meeting date. on October 11, 1985 stating No reply has been received. again and demanded response Haugen moved, seconded by Stover, to extend the agreement to the next meeting for response. Shaw in disagreement with extension. Haugen withdrew motion, seconded by Stover. Blood Litigation Mr. Blood has turned himself in to the authorities. He has agreed to clean up the property by October 27th according to his attorney. Planner Nielsen will inspect the property to see of he has complied with the clean up of the junk violations. If not cleaned up suf~ ficently, the City will proceed to clean up the property and bill Mr. Blood for the expenses. ENGINEER'S REPORT Shorewood Oaks Addition Request for water The City staff met with the developers of Shorewood Oaks Addition to discuss their request to determine the feasibility of extending water service from the Boulder Bridge well. Estimated cost of the extension has.been made at $300,000 plus a $2000 connection fee for each home to be serviced. The $2000 would be paid to the Developer of the Boulder Bridge well in lieu of over sizing costs. The staff feels there may be a possibility of negotiating with Mr. Wartman and Developers of Shorewood Oaks. Gagne:,moued,. seconded by Haugen, to direct the staff to proceed with negotial4;l,Jons,with Wartman and Developers of Shorewood Oaks. Motion carried - 5 ayes. Stover wanted to assured that all costs would be covered by the developer of Shorewood Oaks. . . . REGULAR COUNCIL MEETING MONDAY, OCTOBER 28, 1985 -5- ADMINISTRATOR'S REPORT Insurance Coverage Renewal Vogt informed the Council of the difficulties in obtaining quotes for insurance coverages to be renewed November 1, 1985. Very few quotes have been received and those received have an enormous increase in premiums, for example, $3,000,000 of coverage in 1983 cost $2,000. 1986 coverage of $1,000,000 is now $6,400. These kinds of increases exist on all policies. Haugen moved, seconded by Stover, to review all new policies with Shaw and proceed with renewals after review. Motion carried 5 ayes. Water Service Request A request has been made by Larry Samuelson to connect to the Excelsior water system at 23370 Academy Avenue. He would also like the assessment due Excelsior for the water service assessed against his property, subsequently, Shorewood would have to up front the assessment to Excelsior. Haugen moved, seconded by Gagne, to approve the connection to water service but not approve the assessment onto the property. Motion carried - 5 ayes. Council Meeting Date for December The December meeting will be held on December 16th, this will be the only meeting to be held in December. MAYOR'S REPORT Temporary Trapping Request Rascop informed the Council of a problem with beavers cutting down trees on the island. They have requested that the DNR trap the beavers but the DNR does not feel live trapping is adequate. The City has an Ordinance against steel leg trapping. An Ordinance amendment would be needed to use these traps. Haugen moved, seconded by Gagne, to request the DNR to try the live trapping and relocate and release the beavers. Motion carried - 5 ayes. Solid Waste Management Committee Haugep antluGagne:wrul(1)apply for this opening on the Waste Committee. LMCD LMCD has passed boat operators. violation would an Ordinance to regulate and test for intoxicated First violation would be a misdeameanor, second be a felony offense. Met Council Task Force Rascop will apply for a task force for lake access acquisition. . . . REGULAR COUNCIL MEETING -6- MONDAY, OCTOBER 28, 1985 COUNCIL REPORT Transportation Committee Haugen attended this meeting and suggested discontinuing application with the organization, this may not save the city any money. Dog Statute Haugen would like to see City Ordinance comply with State statute. Froberg will review and report back. Police Contract Negotiations The Police Committee is still working on a Police contract that will be acceptable by all the Mayors and their Councils. Various contract terms from 5 to 25 years have been discussed with no withdrawal during term of contract. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Shaw, to adjourn the Regular Council meeting of October 28, 1985 subject to approval of claims for payment, at 11:03 P.M. Motion carried unanimously. 5 ayes. General Fund (Acct. #00166) Liquor Fund (Acct. #00174) Checks 31188-31265 Checks 4009- 4029 $ 127,488.41 $ 9,900.09 Respectfully Submitted, t2~/f? ~#- ayor Sandra L. Kennelly City Clerk