101094 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, OCTOBER 10, 1994
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Brancel called the meeting to order at 7:06 p.m.
A. Pledge of Allegiance
B . Roll Call
Present:
Mayor Brancel; Councilmembers Benson, Daugherty, and Lewis; Administrator
Hurm, City Engineer Dresel, City Attorney Keane, Planning Director Nielsen, and
Financial Director Rolek.
Absent:
Councilmember Stover.
C. Review Agenda
Daugherty moved, Lewis seconded to approve the agenda for October 10, 1994,
with the addition of item 7.B. Temporary Parking on Enchanted Drive. Motion
passed 4/0.
2 . APPROVAL OF MINUTES
A. City Council Regular Meeting Minutes - September 12, 1994
Lewis moved, Daugherty seconded to approve the September 12, 1994 Council
meeting minutes. Motion passed 4/0.
B . City Council Regular Meeting Minutes - September 26, 1994
Lewis moved, Benson seconded to approve the September 26, 1994 Council
meeting minutes. Motion passed 311. Daugherty abstained.
3. CONSENT AGENDA
Mayor Brancel read the Consent Agenda for October 10, 1994.
Lewis moved, Benson seconded to approve the Consent Agenda and to adopt the
Resolutions and Motions therein:
A.
B.
Motion to Approve the Cleaning Service Agreement.
Motion Re-instating the Liquor Store Manager's Salary.
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October 10, 1994 - Page 2
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C. RESOLUTION NO. 94-83, "A Resolution Approving the Final Plat of R
Bowman Second Addition." J.McNulty representing R.Bowman, 20025
Manor Road.
D. Motion to Approve Low Quote for Bridge Repair-Shady Island Bridge.
Listul Erection Corporation, Minnetonka, MN. $3150.00.
E. RESOLUTION NO. 94-84, "A Resolution Appointing 1994 General
Election Judges."
F . RESOLUTION NO. 94-85, "A Resolution Approving a Single Temporary
Gambling License." Sons of American Legion, 24450 Smith town Road,
Excelsior, MN.
G. Motion to Approve a Temporary Sign Permit. Hanus Bus Ent., 5531
Manitou Road.
H. RESOLUTION NO. 94-86, "A Resolution Requiring the Connection of
Certain Commercial Properties to City Water." Shady Hills Area.
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I. Motion to Approve Change Order No.2 for City Hall Parking Lot Project.
J. Motion to Approve Contract of Richard L. Voigt, Jr. for Phase II Services
Relating to Sewer Study.
Motion passed 4/0.
4. PUBLIC HEARING 7:15 P.M. ON PROPOSED ASSESSMENT OF
DELINQUENT SEWER AND WATER UTILITY CHARGES,
STORMWATER MANAGEMENT, CITY CLEAN UP CHARGES AND
PROPERTY CLEAN UP CHARGES
Mayor Brancel opened the Public Hearing at 7:22 p.m.
Ms. Margo Osha, 25840 Highway 7, explained the reason she is paying her sewer charges under
protest and referred to her letter to the Mayor and staff. The staff will provide information relative
to Ms. Osha's concerns for the Council's consideration at its next meeting.
Mayor Brancel closed the Public Hearing at 7:25 p.m.
Rolek stated the Council acts annually to add the delinquent charges to the individuals' tax
statements. The total amount to be assessed is $32,737.00 and is considered to be average.
Daugherty moved, Benson seconded to adopt RESOLUTION NO. 94-87, "A
Resolution Directing Delinquent Sewer and Stormwater Utility Charges, City
Clean-Up Charges and Property Clean-Up Charges be Placed on the 1995
Property Tax Rolls." Motion passed 4/0.
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5. PARKS
Discussion on Traffic on Streets Adjacent to Parks
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October 10, 1994 - Page 3
Hurm reviewed the Park Commission's recommendations relative to safety improvements on
streets along City parks. The recommendations, developed in consultation with the Chief of Police
and the City Engineer, are: 1) notify the State of the need to extend the right turn lane on State
Highway 7; 2) place a center line at the curve on the roadway in Freeman Park; 3) place
"Playground" signs at all streets near Cathcart, Manor, and Silverwood and work with Chanhassen
for the sign at Cathcart; 4) place additional orange reflective strips on all street signs that relate to
the parks; and 5) construction of a gravel trail at Silverwood Park by Covington Road to run east
ending at Vine Ridge Road.
Hurm explained that future construction of the parking lot at Cathcart will improve safety and the
need for fencing at Silverwood should be reviewed following completion of the landscaping.
Lewis inquired why a crosswalk is not considered necessary at Silverwood. Benson explained
that the crosswalk may create a sense of false security, particularly for children. After the safety
measures are implemented, the effects will be monitored and reviewed.
Public Works will install the gravel trail in consultation with the City Engineer. Dresel stated that
sufficient space is available for its installation. Lewis inquired whether crosswalks were painted
for the trail constructed near Vine Hill Road. Dresel replied they were established, but may require
repainting.
Lewis moved, Daugherty seconded to approve the safety regulations in the Parks
and on streets adjacent to the City Parks as recommended by the Park
Commission. Motion passed 4/0.
6. PLANNING - Report by Representative
Commissioner Pisula reviewed the actions taken by the Commission at its October 4, 1994 meeting
which will be considered by the Council at its October 24 meeting.
A. A Motion to Approve a Signage Permit. Applicant: Holiday Convenience Store. Location:
Waterford Shopping Center.
Mayor Brancel referred to Nielsen's October 6 memorandum responding to the issues raised by the
Council at its September 26 meeting when the sign permit application was initially considered by
the Council.
Lewis stated the signage plans are part of an existing site plan for a previously approved project.
He does not approve of the project.
Benson moved, Brancel seconded to approve a signage permit, deleting the
reference to Taco Bell, for Holiday Convenience Store, Waterford Shopping
Center, to be regulated by the City's business hours ordinance. Motion passed
3/1. Lewis voted nay.
The Councilmembers considered Holiday's plan to sell Taco Bell products in its Waterford
convenience store. Nielsen explained that since 1984 fast food is denied as an allowable use in the
P.U.D. However, the applicant requests the Council's consideration of its intention to use a
portion of its 5,000 square foot store to serve franchise type products. The approved P.D.D.
includes a family-type, non-alcohol restaurant to be located elsewhere in the site development.
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October 10, 1994 - Page 4
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Nielsen explained the applicant agreed to revise its gas pump plans to 2 rows of 3 fuel dispensers
as approved in the most recent site plan. Daily hours of operation are 6 a.m. to 12 midnight; at 10
p.m. only 1 island may be lighted.
Mr. Mark Nelson, representing Holiday Stationstores, Inc., described the operations of the
branded food area within the new store. Less than 4% of the sales floor will be used for a Taco
Bell operation with a limited number of menu items prepared by Holiday employees. No customer
seating, drive-through window, or separate check-out is provided for the product. Holiday views
the sale of this branded food to be the same as the sale of other non-branded food products and
considers the products as an alternative to other foods already found in its store.
Following discussion, the Councilmembers considered the sale of franchise branded food products
beyond the scope of previous approvals and expressed concern that increased traffic related to such
sale will exacerbate the problems associated with the development. The Council accepted the
revised plans for the number and location of the fuel dispensers.
Benson moved, Lewis seconded to deny the sale of Taco Bell foods in the
Holiday Convenience Store at the Waterford Shopping Center. Motion passed
4/0.
B. Report on Comprehensive Plan Update
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Commissioner Pisula stated the Commission will discuss the Natural Resources, Land Use, and
Community Facilities Chapters at its October 18 study session.
7. CONSIDERATION OF 1995 ANIMAL CONTROL CONTRACT WITH THE
CITY OF CHANHASSEN
Hurm explained that other cost-effective options to the current method of animal control are not
available. Therefore, he recommended continuation of the contract for such service with the City
of Chanhassen.
Brancel expressed dissatisfaction with the current service and stated that more tickets rather than
warnings for violations such as loose animals must be issued to improve the level of service in
Shorewood. .
Daugherty moved, Lewis seconded to approve the 1995 Animal Control Contract
with the City of Chanhassen, with the understanding that Chanhassen will
improve the level of service in Shorewood during the contract period. Motion
passed 4/0.
7.B. CONSIDERATION OF TEMPORARY PARKING ON ENCHANTED DRIVE
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Hurm explained that residents on Lagoon Drive requested permission to park on Enchanted Road
on a temporary basis while Lagoon Drive is being re-surfaced. Hurm reported that the Police and
Fire Departments interpose no objection as long as sufficient allowance is provided for passage of
emergency vehicles on the street.
Benson moved, Daugherty seconded to approve temporary parking on one side of
Enchanted Lane during the week of October 10, 1994, for the residents of Lagoon
Drive. Motion passed 4/0.
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October 10, 1994 - Page 5
8.
MATTERS FROM THE FLOOR - None.
9. DISCUSSION OF POLICY ISSUES - None.
10. ADMINISTRATOR AND STAFF REPORTS
A. Report on Responses Received on Letter to Neighboring Cities Regarding a Southshore
Senior Community Center
Mr. Robert Gagne, Chair of the Task Force, reported that participation approvals have been
received from Greenwood and Excelsior, Tonka Bay will consider its participation on October 11,
and Deephaven will survey its residents and respond to the letter on November 15. Conditions
outlined by an Excelsior Council member with respect to its financial support for construction of a
Community Center are acceptable. Gagne stated the Task Force will meet on October 18 to ready
its fund-raising plans. The neighboring communities commended the action taken by the
Shorewood Council to initiate and facilitate construction of a community center.
B. Report on Status of 1994 Goals
Hurm directed the Council's attention to the report prepared for their information on the status of
1994 goals.
Hurm reported that Hennepin County proposes to establish a County-wide curfew regulation that
would replace Shorewood's regulation which is inconsistent with that proposed by the County.
11. MAYOR AND COUNCILMEMBER REPORTS
Determination of Time of Canvassing Board Meeting
The Canvassing Board meeting will convene at 5:30 p.m., Wednesday, November 9, 1994. The
Council confIrmed meeting dates and agendas in December: December 12-abbreviated Council
agenda and Joint Work Session with Planning Commission; and December 19-Consideration and
Action on 1995 General Fund Budget.
12. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Lewis moved, Benson seconded to adjourn the Council meeting at 8:05 p.m.,
subject to the approval of claims. Motion passed 4/0.
RESPECTFULL Y SUBMITTED,
Arlene H. Bergfalk
Recording Secretary
TimeSaver Off Site Secretarial
ATTEST:
J