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012786 CC Reg Min . . . CITY OF SHOREWOOD REGULAR COUNCIL MEETING MONDAY, JANUARY 27, 1986 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. M I NUT E S CALL TO ORDER Mayor Rascop called the Regular Council meeting of Monday, January 27, 1986 to order at 7:30 P.M. in the City Hall 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, Councilmembers Haugen, Shaw, Stover and Gagne. SLaff: Attorney Frooerg, Englneer Norton, Administrator Vogt, Planner Nielsen and Clerk Kennelly AMEND AGENDA Mayor Rascop amended the agenda to move #9 ~ Munitech Presentation up prior to item #2 - Matters From the Floor. APPROVAL OF MINUTES Gagne moved, seconded by Stover, to approve the minutes of the regular Council meeting of January 13, 1986 as corrected in the official minute book. Motion carried unanimously ~ 4 ayes (Shaw temporarily absent - attending Park Commission meeting) MUNITECH PRESENTATION Bob Polston of Munitech was present to answer any questions the Council may have about their services and explain what they have accomplished this past year. In 1985 they spent 520 hours on repairs on control centers of the various wells. All lift stations have been maintained, with major repairs recently done on the Shore Road station. Polston would like to determine cost factors on each of the wells and set up a replacement schedule for the lift station pumps with the assistance of Engineer Norton. Administrator Vogt spoke for the staff and indicated that they all were very pleased with Munitech service over the past year. PLANNING COMMISSION REPORT Stover reported on the Planning Commission discussion of the proposed Ordinance on the Storage of R~creational vehicles and equipment. . . . COUNCIL MINUTES MONDAY, JANUARY 27, 1986 page two PARK COMMISSION REPORT Shaw reported that the Park Commission was meeting during the Council meeting and had not met since the last Council meeting. Mayor Rascop presented Carol Butterfield and Gary Carl with plaques in appreciation of their service on the Park Commission in the past. Carl expressed his appreciation to the Council for their courtesy and cooperation in working with Park matters with the Commission. CONSENT AGENDA Permanent Appointment of Charlie Davis Shaw moved, seconded by Haugen, to appoint Charlie Davis to a permanent position on the Public Works Department. Motion carried - 5 ayes. 1986 DOCK LICENSE APPROVAL RESOLUTION #5-86 Stover questioned the status of "Snug Harbor" recently renamed "Shorewood Yacht Club". Council would like clarification on uses permitted under the C.U.P. and court order. Planner Nielsen was asked to do a report on the C.U.P. Shaw moved, seconded by Gagne, to remove the 1986 Dock License for "Snug Harbor" from the list of approvals until mlDre information can be obtained. Gagne moved, seconded by Shaw, to approve the following Dock Licenses as requested,~with no changes from the 1985 Licenses: Adeline D. Johnston Minnetonka Portable Dredging Upper Lake Minnetonka Yacht Howard's Point Marina Boulder Bridge Farm Inc. CIGARETTE LICENSES RESOLUTION #6-86 Shaw moved, seconded by Haugen, to approve by Resolution the issuance of the 1986 Cigarette Licenses to the following: 1. Mtka Country Club 2. Shorewood ICO 3. Plaza Tom Thumb 4. American Legion Post #259 5. Skipperette 6. Village Pump 7. Driskill's Super Valu 8. Howard's Point Marina 9. Snyder Drug 10. Country Kitchen Motion carried by Roll Call Vote - 5 ayes. COUNCIL MINUTES MONDAY, JANUARY 27, 1986 page three . CHRISTMAS LAKE ACCESS STATUS REPORT Charles Dayton, Attorney from the Christmas Lake Association was present to request the approval of the Council to enter into an agreement accepting the Interstudy property for the purpose of a public access to Christmas Lake. He has submitted a letter explaining the change of location from the Fayfield property to the property just north owned by Interstudy. He also submitted a new agreement stating the conditions of the donation of this property to the City for lake access. Mr. Dayton urged the Council to accept the new site and the con~ sideration of the new agreement. Some benefits of the new site are the larger square footage lot, closer to Highway 7 thus re- quiring less easement €j,cquisition, road construction and main..;, tenance. A subdivision has also been requested for the NE corner to be combined with Mr. Ellwoods property. Mr. Fayfield will exchange his property for the Interstudy property and then turn the original property over to the City. Mr. Dayton encouraged expedience in approving this site so the condemnation procedure will not continue against the Christmas Lake Motel/Brooks property. . Council reviewed areas of the agreement. Council had concerns about changing a covenant on the deed to Interstudy that would allow them to develop up to 10 residential units instead of the original 7 units. This was placed in the agreement as a suggestion from the Christmas Lake Association. this would only be drawn in the deed, all approval would have to be obtained by subdivision through the City. This change must also be approved by 2/3 of the Lake Association. Steve Bruce has been doing a phone survey on this issue and feels that he will have no problem obtaining the necessary amount of approvals. Attorney Froberg feels a public hearing may be necessary to make that change. A spokesperson from Interstudy indicated that they (Interstudy) did not make the unit increase change. They may be requesting a change to their Conditional Use Permit in the area of subleasing, but nothing in reference to subdivision. . Council asked members of the Park Commission their opinion on the site change. Commissioner Lindstrom indicated that it was difficult at this time of year to do an onsite inspection. Dr. Janes stated that the site was very similar, in land, shoreline, parking, lake bottom, etc., as the Fayfield property. The DNR wants to have the access open by May 1, 1986. In order to accomplish this, Fayfield will have to exchange his property with Interstudy; InteTstudy will receive changes in their re~ strIctive covenants on their deed; Interstudy will grant easements for road purpose; Fayfield will then donate the land to the City. . . . COUNCIL MINUTES MONDAY, JANUARY 27, 1986 page four CHRISTMAS LAKE STATUS REPORT - continued If the City does not grant the necessary variances, the land will then be donated to the state. Stover would have liked to seen all agreement between the Association and Interstudy completed prior to Council action. Shaw moved, seconded by Gagne, to accept the amended agreement and authorize the Mayor to sign the agreement on behalf of the City Council. Motion carried - 4 ayes - 1 nay (Haugen). WEIGHT RESTRICTION ORDINANCE DISCUSSION Administrator Vogt reviewed the Weight Restriction Ordinance and his letter dated January 23, 1986 sent to area garbage haulers. In response to Vogt's letters, concerned haulers were present to discuss the Ordinance. Haulers felt that the Ordinance would cause a great deal of additional expense to them that will then be charged back to the residents that use their service. The Ordinance would require them to purchase smaller trucks to use on non-designated streets. They felt that a second man would be necessary if two trucks are required, additional insurance and maintenance cost. They felt that the trucks may cause a traffic problem and littering problem from the exchanges from the small truck to the larger truck. They felt the Ordinance is singling out the haulers and does not address the purpose of protecting the streets from damage of heavy vehicles by its various exemptions. The enforcibility of this Ordinance was a concern. Stover read astateffientlisting her concerns about this Ordinance. She then made a motion to reconsider the Weight Restriction and Ord. make this Ordinance in conjunction with the Garbage Ordinance and return to Ordinance 163. Motion died for lack of a second. Haugen requested that the haulers submit their concerns in writing to the City. Discussion will continue at the February 10th Council meeting. Council Break.....................................9:55 to 10:05 POLICE DEPARTMENT DISCUSSION *RESOLUTION #7-86 *Withdrawal f~om Sbuth Lake Minnetonka Public Safety Department Gagne moved, seconded by Shaw, to adopt a Resolution notifying the Joint Powers Cities of their withdrawal from the Joint Powers Agreement effective December 31, 1987. Resolution adopted by Roll Call Vote - 5 ayes. . . . COUNCIL MINUTES JANUARY 27, 1986 page five POLICE DEPARTMENT DISCUSSION - continued Procedural Outline Administrator has obtained some information from Chanhassen on setting up a police department. Stover submitted a draft outline on the set up for a new police department. Police Contract Discussion Stover moved, seconded by Gagne, to have Shorewood draft a police contract to be submitted to the other cities for their response within 30 days of receipt. Motion carried unanimously. Council reviewed various changes they would like to see in the Contract. A Special meeting will be held on February 3, 1986 to draft a new contract. ATTORNEY'S REPORT /10 ORDINANCE #J:Tl Garbage Collectors Ordinance Council reviewed the 4th draft of the Ordinance. Gagne moved, seconded by Haugen, to accept the 4th draft as amended and adopted the Ordinance by Roll Call Vote - 3 ayes - 2 nays (Stover and Shaw) Rosenthal Resolution of Denial Council made changes in the draft Resolution and directed the Resolution be returned after corrections are made. Naegele Litigation Council adjourned for executive session. Blood Litigation Mr. Blood did appear in court on the junk violation and was fined $100.00. ENGINEER'S REPORT S.E. Area Trunk Water System Update Engineer Norton submitted cost comparisons of variations of water systems. He also reviewed his letter regarding the possible placement of a water tower on State Highway property next to the Waterford project. COUNCIL MINUTES MONDAY, JANUARY 27, 1986 page six . ENGINEER'S REPORT S.E. Area Trunk Water System Update - continued Attorney Froberg indicated that a petition signed by all owners of properties accepting assessments for water improvement was needed or a public hearing must be held prior to assessing the cost of this project. Haugen asked the Council to direct the staff to prepare and obtain signed petitions of all affected owners in the assessment area, then submit to the Council to then pass a Resolution and publish. Engineer Norton's conversation with Bill Crawford of MnDOT dis~ cussed a possible land exchange if necessary, for the water tower. Location will not be determined until the corridor study is com- plete. Council would like to see a cost comparison to the feasibility study for above ground versus underground water storage. PLANNER'S REPORT . Covington Vine Ridge A petition for assessment will be included with the final plat and the development agreement. Christmas Lake Road Signage Gagne moved, seconded by Stover, to relocate the "No turning" sign at Christmas Lake Road and Mill Street. Motion carried- 5 ayes. Fire Lane Study Planner Nielsen received estimates to obtain Certificates of Survey on the "fire lanes" on Enchanted Point and Timber Lane for $2000. each. Council will take no action at this time. Vine Hill Furniture Sign Violation Planner Nielsen informed the Council of his letter notifying the owner of his sign and trailer violations. ADMINISTRATOR'S REPORT Radio Request . Police and Public Works would like to have the Public Works radio frequency monitored on the pOlice radio. Council approved this request. . . . COUNCIL MINUTES MONDAY, JANUARY 27, 1986 page seven MAYOR'S REPORT Hennepin County Park Letter A letter has been received stating interest in the purchasing of Minnetonka Country Club. The Club is not currently interested in selling. COUNCIL REPORTS Haugen would like a report on the state revenue short falls at the next meeting. Shaw asked if the street survey had been completed. Vogt indicated that Zdrazil did complete and confirmed N.8.P~ totals. Council would like to see a cost report on juvenille officer for child abuse cases. APPROVAL OF CLAIMS AND ADJOURNMENT Gagne moved, seconded by Rascop, to adjourn the regular Council meeting of January 27, 1986 at 11:50 P.M. subject to approval of claims for payment. Motion carried - 5 ayes. General Fund - Acct # 00166-02 Regular checks # 316~H -- 31684 Payroll checks # 200068 - 2000b7 $ 116,526.58 9,459.68 $ 125,986.26 Liquor Fund - Acct # 00174-02 Regular checks # 4329 4364 Payroll checks # 200088 - 200100 $ 26,835.11 2,614.89 $ 29,450.00 RESPECTFULLY SUBMITTED Sandra L. Kennelly Mayor Rascop