081186 CC Reg Min
CITY OF SHOREWOOD
REGULAR COUNCIL MEETING
MONDAY, AUGUST 11, 1986
COUNCIL CHAMBERS
5755 COUNTRY CLUB RO~
7:30 PM
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MINUTES
CALL TO ORDER
The regular meeting of the Shorewood City Coun~il was called to
order at 7:30 PM August 11, 1986 in the Council Chambers, by
Mayor Rascop.
PLEDGE OF ALLEGIANCE AND PRAYER
Mayor Rascop opened the Council Meeting with the Pledge of Alle-
giance and 'a Prayer.
ROLL CALL
Present: Mayor Rascop, Council Members Haugen, Shaw, Stover
and Gagne.
Staff: Attorney Forberg, Engineer Norton, Administrator Vogt
and Clerk Kennelly.
APPROVAL OF MINUTES
Shaw moved, seconded by Haugen, to approve the minutes of the
regular Council Meeting of July 28, 1986 as corrected. Motion
. carried - 5 ayes.
MATTERS FROM THE FLOOR
COMPLAINT ON VARIANCE PROCEDURES
Mr. Dennis Jabs-20915 Radisson Inn Road
Mr. Jabs questions the fees charged for the variance and CUP pro-
cess. He indicated that he was replacing a handicap ramp with a
large deck when the building inspector stQpped construction be~
cause no permit had been appilied for. He was then told he also
needed a CUP and variance and the fees required for that. He
feels the fees are unfair because his neighbor did not have to pay
those kind of fees.
Rascop directed the Staff to obtain additional information and get
back to Mr. Jabs.
ROAD REPAIR CLARIFICATION
A member of the audience asked the amount of funds that were
planned to be spent and what roads would be repaired this year.
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Rascop responded that the City will be spending approximately
$300,000 on the Vine Hill Road overlay road replacement from
Boulder Bridge Drive to Hbwards Point Road and 5 miles of seal-
coating.
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COUNCIL MEETING
AUGUST 11, 1986
page two
CONSENT AGENDA
EMPLOYEE RELATIONSHIP POLICY APPROVAL
Stover moved, seconded by Haugen, to accept the revised employee
policy. Motion carried - 5 ayes.
PLANNING COMMISSION REPORT
Stover referred to the minutes of the Planning Commission of August
5, 1986 submitted in this Council packet.
PARK COMMISSION REPORT
Shaw reported on the Park Commission discussion to have the bad
fill removed from the football field and replace with good fill.
He reported that Mr. Jurgens had verbally submitted his resig-
nation from the Park Commission.
Haugen moved, seconded by Shaw, to not accept his resignation
until a clarification as to his reason of resignation. Motion
carried, Shaw will discuss with Mr. Jurgens.
SETBACK VARIANCE-4695 Lagoon Drive
Mike McDonald of 4695 Lagoon Drive
variance and a 2' lakeshore setback
of the lot.
RESOLUTION NO. 94-86
has requested a 8' side line
variance, due to the topogragb.y
Gagne moved, seconded by Stover, to grant the variances as requested
due to the hardship of topography of his lot. Motion carried by
Roll Call Vote - 5 ayes.
RESOLUTION NO. 95-86
SIMPLE SUBDIVISION AND VARIANCE
4eoo Rustic Way
Cyril Kerber of 4800 Rustic Way has requested a, simple subdivision
requiring a lot area variance to meet the R-1A requirement of
40,000 square feet, the lots will consist of 40,036 square feet
and 39,823 square feet.
Haugen moved, seconded by Stover, to approve
variance subject to the four recommendations
port dated July 31, 1986. Motion carried by
the subdivision and
of the planners re~
Roll Call Vote - 5 ayes.
SIGN PERMIT - 19335 ST. HWY 7
A request for a 27" .x 40" sign for the Arnolds Restaurant at 19335
St. Hwy. 7.
Haugen moved, seconded by Shaw, to approve the sign permit as
requested. Motion carried - 5 ayes.
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COUNCIL MEETING
AUGUST 11, 1986
page three
REMOVAL OF BUILDING - 5470 COVINGTON ROAD
A request from Mark Johnson to remove a house that he has purchased
at 5470 Covington Road was presented. He has been asked to remove
the house by August 25, do to a :parade of Homes at that location.
Attorney Froberg reviewed the requirements of the City Ordinance.
It is necessary for the Building Inspector to inspect and approve
the moving equipment, which is licensed by the State, the Planning
Commission is to review the request and make recommendations to the
Council for their approval.
Haugen moved, seconded by Gagne, to waive the portions of the City
Ordinance covered by State Statues; and to have the Building inspec-
tor handle the requirements of the Planning Commission if approved,
then poll the Council verbally for approval. Motion carried - 5 ayes.
PUBLIC DISCUSSION OF GARBAGE ORDINANCE DRAFT
Attorney Froberg reviewed for the audience, the provlslons of the
proposed Ordinance. It calls for dividing the City into zones and
bidding out each of these areas, according to specifications, to
one contractor bidding the lowest price.
Mayor Rascop opened the meeting for public comments.
Marcila William asked if they would have to pay for service while
they were gone for the winter months.
Jim Hoban and mother Donna Hoban were opposed to City contracting
and in favor of the independent haulers.
Walter Bean asked if different zones would be paying different rates.
Attorney Froberg felt the prices should be the same throughout the
City. Mr. Bean did feel that the current system of trucks running
every day in the streets was "crazy".
Henry Carson asked about senior citizen discounts and in garbage
services. He also felt that the control of garbageitruck traffic
is only a small part of the road destruction, he has watched many
other vehicles with equal weight traveling on the roads uncontrolled.
Most important is in favor of freedom of choice. The audience was
in agreement with his comments.
Don Messenger, asked if the lowest bidder would automatically get
the bid, or does the matter of capability enter in the discussion.
Gordon Schmidt former owner of Crosstown Sanitation has bid Cit~es
previously and feel the resident gets poorer service, and less trust-
worthy.
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COUNCIL MEETING
AUGUST 11, 1986
page four
GARBAGE ORDINANCE DRAFT DISCUSSION cont.
Bernie Peterson is for freedom of choice, also is concerned that
the rates may go up in the future, and the larger haulers will be
able to under bid the smaller haulers.
Mark Simerx has had problems with haulers. and doesn't want to deal
with that again.
Peter Royce asked if the Councils biggest concern are the road
conditions. He would rather keep his choice of service and pay his
portion of road repair costs.
Jim Janowski, owner of Waste Management stated that he was in favor
of citizens choice.
Billy Maddy and Dick Raddy were in favor of independent service and
didnt want to have to change service.
Don Messenger asked if the City would reimburse the loss of service
to those contractors that didn't receive any of the bids. Admin-
istrator Vogt encouraged the audience to submit written or oral
comments to the City. He indicated that there could be other options
to keep house pick up by use of small satelite trucks, designated
streets, senior discounts, right to change haulers, and type of ser-
vice.
Mrs. Wrede asked if this issue could be voted on. Rascop informed
her that this was not an election issue.
Henry Carson asked the Council for the~r opinions on th~s issue.
Gagne stated that his concerns were for the protection of the streets
and feels that this method could help.
Mark Simcox feel that the garbage trucks were not the only problems
and that additional study was needed.
Haugen was also concerned about road damage, but had also heard that
the Met Council may get involved in determining how the Cities should
control this service.
Engineer Norton reviewed the current spring weight restriction OrdiB
nance and truck weight comparisons.
Mrs. Wrede thought the road should be maintained and r~surfaced more
often. Council explained the high cost of r~ad replacement, citing
a current project of road replacement of 1100 feet costing $150,000.
Jerry Ellis asked what percentage of other trucks versus garbage
trucks are the cause of the road damage and what percentage of the
roads were poorly constructed. He feels that the people Should have
their own choice of service.
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COUNCIL MEETING
AUGUST 11, 1986
page five
GARBAGE ORDINANCE DRAFT DISCUSSION cont.
Stover has concerns for the cost of road repairs but favors free
enterprise to obtain better service.
Shaw indicated that his neighborhood joined together and hired one
service, but he's not exactly in favor of Cities draft of the Ordi-
nance. Rascop his neighborhood joined together also, and concerns
of high cost replacements. He did discuss the possibility of seal-
coating and repairs the roads and levying the costs back to the
residents.
Kathy Royce feels that at the rate of repairs most of the residents
would never see their streets repaired while they live in their homes.
Bill Kerber of Crosstown Sanitation doesn't feel that the reduction
of 3 or 4 trips down a road by garbage trucks was not accomplishing
anything.
Vern Bauman wants to know what will be done in the event that the
residents are receiving poor service. Lela Groupman asked if the
resident will be notified when the Councii will discuss this matter
again.
Council will discuss the Garbage Ordinance at the September 8th
Council Meeting. This will be in the local newspapers. All com-
ments both written and oral will be accepted for review at that
meeting.
Haugen feels
local level.
intention of
controls.
that this discussion and control should remain at the
Vogt will obtain additional information regarding the
Hennepin County or Met Council looking at this type of
POLICE CONTRACT APPROVAL
RESOLUTION NO. 96-86
Council received the draft Police contract beginning 1988. Minor
changes were made, this new draft will be drawn and submitted to
the other joint powers Cities for approval.
Shaw moved, seconded by Gagne, to accept the amended Police contract
and authorize the contract for signature and submittal to the other
Cities for approval. Motion carried by Roll Call Vote - 5 ayes.
ATTORNEYS REPORT
Nephew Lawsuit
The Cities portion of this lawsuit has been settled by the Cities
former insurance company. The other parties have not settled yet.
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COUNCIL MEETING
AUGUST 11,1986
page si!X
ATTORNEYS REPORT cont.
Naegele Lawsuit
Correspondence has been received indicated that they came to an
agreement on the removal of the billboard on Hwy 7 and Christmas
Lake Road.
Eureka Road Drainage
Easements are still being obtained Majestic's easement should be
agreed upon this week.
ENGINEERS REPORT
Award Sealcoating Bid - Project 86-3A
RESOLUTION NO 97-86
Bids were received on sealcoating at 11:30 AMjAugust 11, 1986.
Engineer Norton. recommended awarding the Bid to Allied Blacktop
Co. in the amount of $31,425.90.
Gagne moved, seconded by Haugen, to award the bid for Project
86-3A to Allied Blacktop Co. as recommended. Motion carried by
Roll Call Vote - 5 ayes.
Water Tower Site - Status Report
Norton has been informed by MnDot that they only have an easement
for the property the City has requested by the Southeast Area
Water Tower site. Fpoberg has talked to the Attorney General
Office and they feel the wrong type of title was issued, but it
may take months to clear up. Gagne is in favor of relocating
the tower site.
Vogt is working on changing the agreement with Minnetonka to pro-
vide more than 90 water connections because of the development
and the delays on the installation of the deep well and tower.
Smithtown Road Replacement Project
Change Order #1
Due to the need to add an additional french drain and a catch
basin, Norton is recommending the approval of a change order in
the amount of $1190.00. This is due to the need of an additional
sub cut of 2" in the road.
Gagne moved, seconded by Shaw, to approve the change order. Motion
carried - 4 ayes 1 nay (Rascop).
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COUNCIL MEETING
AUGUST 11, 1986
page 7
ADMINISTRATIVE REPORT
Approval of Assessor Contract
Administrator Vogt recommended acceptance of the assessing con-
tract with Rolf Erickson for the assessing year September 1, 1986
to August 30, 1987, at an increase of 5.3%, 1650.00 per month.
Gagne moved, seconded by Stover, to approve the assessor contract
as recommended. Motion carried - 5 ayes.
Animal Contract
Under the new animal contract, the Chanhassen Veterinarian Hos-
pital will be used for boarding at a daily charge of $7.00 and
$15.00 for disposal.
Shaw moved, seconded by Haugen, to approve the animal patrol
contract with Midwest Animal Service. Motion carried L 4 ayes
1 obstain (Stover).
Council Salary Schedule
The Council salary schedule will be discussed at the meeting
of August 25, 1986.
. Union Contract
Executive session will be held following the regular Council
Meeting of August 25, 1986 to discuss the new union contract.
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MAYORS REPORT
LMCD auditor statement is available for reviewal.
COUNCIL REPORTS
Gagne instructed staff to look into the sign violation by the
dockage sales at 19285 St. Hwy 7.
APPROVAL OF CLAIMS AND ADJOURNMENT
Shaw moved, seconded by Haugen, to adjourn the Regular Council
Meeting Of August 11, 1986 at 10:35 PM subject to approval of
claims. Motion carried - 5 ayes.
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COUNCIL MEETING
AUGUS'!' 11, 1986
page eight
. General Fund - Acct #00-00166-02
Check # 32352-32406
Check # 200496-200511
Total
$43,090.09
8,313.05
$51,403.14
Liquor Fund - Acct #00-00174-02
Check # 4802-4847
Check # 200512-200526
Total
$80,282.95
2,866.07
$83,149.02
RESPECTFULLY SUBMITTED,
Mayor Rascop
Sandra L. Kennelly
City Clerk
SLK/slt
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