021296 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, FEBRUARY 12, 1996
COUNCIL CHAMBERS
5755 COUNTRY CLUB RD
7:30 P.M.
1.
MINUTES
CONVENE CITY COUNCIL MEETING
Mayor Bean called the meeting to order at 7:35 p.m.
A.
Roll Call
Present:
Mayor Bean; CounciImembers Benson, Malam, and McCarty; City Engineer
Brown, City Administrator Hurm, and City Attorney Keane.
Absent:
Councilmember Stover.
B.
Review Agenda
Malam moved, McCarty seconded to approve the agenda for February 12, 1996 as
presented. Motion passed 4/0.
C. Presentation of Plaque to Dean Young
Bill Josephson, Liquor Store Manager, thanked the City Council for allowing him to speak tonight
and recognize the service Mr. Young has done for the City of Shorewood. He stated it would be
difficult to replace Mr. Young. He noted Mr. Young's commitment to the store and to keeping the
entire program operating. Mr. Young has a tremendous artistic ability and was responsible for
almost 100% of the layouts for the newspaper, 100% of the flyers created and all the point of sale
material. He stated the customers miss Mr. Young and many who come in to the store wish him
well. He wished Mr. Young well and noted he was happy for him.
Mayor Bean presented Mr. Young with a plaque as a token of appreciation from the City of
Shorewood and congratulated him on his next career.
Mr. Young thanked the City of Shorewood for being a good and fair employer. He noted his
appreciation for being able to work with Mr. Josephson, Mr. Hurm and all other members of City
staff.
D. Proclamation - We Love Our Kids
Mayor Bean stated this was an opportunity to recognize children through a proclamation for the
month of February, 1996. Mayor Bean read the proclamation into record. He noted this was an
outgrowth of the efforts of Our Youth, Our Community and a joint effort of the school district,
churches and municipalities. It is an effort to bring all parties together and realize it takes the whole
community to offer viable chances for youth to help deal with stresses and temptations. He stated
this was a fabulous program and the City of Shorewood was thankful to be a participant.
2. APPROVAL OF MINUTES
A. City Council Executive Session and Regular Meeting Minutes - January 22, 1996
McCarty moved, Malam seconded to approve the City Council Executive Session
Meeting Minutes of January 22, 1996 as presented. Motion passed 4/0.
McCarty moved, Malam seconded to approve the City Council Regular Meeting
Minutes of January 22, 1996 as presented. Motion passed 4/0.
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REGULAR CITY COUNCIL MINUTES
February 12, 1996 - PAGE 2
3.
CONSENT AGENDA
Mayor Bean read the Consent Agenda for February 12, 1996.
Malam moved, Benson seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
A. Motion to Establish the Date for Public Hearing 1996 Urban Hennepin
County Community Development Block Grant Program for March 11, 1996
at 7:45 p.m.
B. RESOLUTION NO. 96-18. "A Resolution Declaring the Observance of
Arbor Day to be April 27, 1996 and Arbor Month to be May, 1996."
C. Motion to Adopt Ordinance No. 308, "Adopting 1994 State Building
Code" .
D. Motion to Extend the Deadline for Filing the Final Plan 0 f
LedinlWartmanlMinnewashta P.U.D. until August 28, 1996.
E. Motion to Establish the Spring Clean Up date as May 18, 1996.
F. Motion to Approve Permanent Appointment - Becky Tarvin, Part Time
Clerical Assistant.
Motion passed 4/0.
4. MATTERS FROM THE FLOOR - None.
5 . PARKS - Report by Representative
A. Report on January 23, 1996 Meeting
Commissioner Colopoulos reviewed the actions taken and the recommendations made by the
Commission at its January 23, 1996 meeting.
B. Presentation by Minnetonka Youth Hockey Association Representative on Ice Sheet
Proposal at Freeman Park
Commissioner Colopoulos reported representatives of the Minnetonka Youth Hockey Association
(MYRA) had been present at the Park Commission meeting and gave a presentation on a proposed
covered/refrigerated ice sheet at the north end of Freeman Park. He reported representatives of the
MYRA had provided statistics illustrating the rapid growth in the sport of hockey and in the
population in general. They also pointed out the issue of gender equality which will require even
more ice time as hockey grows as a girls sport. The MYRA is proposing a 85 foot by 200 foot
refrigerated concrete surface which would be covered by a 100 foot by 225 foot canopy. The
concrete surface could be used in the summer as a picnic area or for in-line skating. He reported
Jim Wyman estimated the cost of the facility to be $650,000.00 and funding would be obtained
from sources including ice rental at $50.00 per hour and concession sales. Mr. Flood identified
five issues to be included in a "Facility Use Agreement" between the City of Shorewood and the
MYRA. Commissioner Colopoulos stated the Park Commission is recommending the City
Council consider and authorize the application of the MYRA for a conditional use permit. The
Park Commission is also recommending the City Council waive the associated fee.
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REGULAR CITY COUNCIL MINUTES
February 12, 1996 - PAGE 3
City Administrator Hurm noted a memo dated November 27, 1995 which outlined the necessary
steps to be taken by the MYRA. He stated it was somewhat unusual for the MYRA to come
before the City Council first but this was due to the fact that the ice sheet would be located on City
property. .
Mayor Bean confirmed that the MYHA would fund the entire project. The City of Shorewood
would only be segregating a segment of City property to be dedicated for this use and waive the
$250.00 fee for a conditional use permit. This is an opportunity for the City to obtain a substantial
recreational facility at no cost to the City.
Hurm noted there is a potential for the Park Commission to advance the MYRA funds from their
capital improvement fund to construct the concession building. These funds would be reimbursed
over a five year period and deposited back into the park fund.
Councilmember McCarty stated she would like to see a photograph of an existing ice sheet. She
stated she felt this was a great proposal but was concerned with how it would look and how it
would affect the park. Commissioner Colopoulos noted this was a concern of the Park
Commission as well. He noted the request for City Council authorization was only the first step
which would then allow the MYHA to proceed and provide further information.
C. Consideration of a Motion Authorizing Minnetonka Youth Hockey Association to Apply
for Conditional Use Permit for Shelter at Freeman Park and Waive Associated Fees
Benson moved, McCarty seconded to authorize the Minnetonka Youth Hockey
Association to apply for a conditional use permit for a shelter at Freeman Park
and waive the associated fees.
Councilmember Benson stated he had the same concerns as Councilmember McCarty. He noted
this particular part of the park is currently not used in the winter and is a quiet area. Hockey use of
the area can be intense, starting in the early morning and going late into the evening. He indicated
h~ ~ould like to see the hours of operation limited and the impact to the neighborhood kept to a
mmunum.
Mayor Bean noted he was curious as to the aesthetics of the facility and what other uses were
feasible during the "off-season". He stated he felt the concept seems to offer a great opportunity to
mutually develop a facility beneficial for the community.
Voting on the motion: Motion passed 4/0.
6. PLANNING - Report by Representative
Commissioner Turgeon reviewed the actions taken and the recommendations made by the
Commission at its February 6, 1996 meeting.
7. SNOWMOBILE TASK FORCE - Report by Representative
Virginia Kolstad and William Colopoulos, Co-Chairs of the Snowmobile Task Force were present
to report. Ms. Kolstad stated she felt there had been some misconceptions as to the effectiveness
of the task force. She stated in June of 1995 the City Council passed a resolution for establishment
of a task force whose purpose was to investigate and research issues related to snowmobile usage
in the City of Shorewood. The task force is made up of nine members. Six are voting members
including one representative from the Planning Commission, one representative from the Parks
Commission and four Shorewood residents (two in favor of snowmobiles in the City and two
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REGULAR CITY COUNCIL MINUTES
February 12, 1996 - PAGE 4
opposed). Three non-voting members include the Chief of South Lake Minnetonka Public Safety
Department, City Administrator and a representative from the Shorewood Snow Patrol. The
objectives of the task force mirror the objectives established by the City Council. The task force
convened in September of 1995 and a real need for assistance to maintain a focus and find a
framework to work within became apparent. Judy Marshik, Research Quik, Inc., was retained to
assist in these areas. Key issues were then identifIed and outlined in 19 policy areas. The task
force then identified information requirements and potential sources of information for each policy
change area. The task force is currently gathering information by interviewing key individuals and
agencies and by utilizing two surveys. One survey was sent to 15 cities and another survey will be
sent to all Shorewood residents in March. Members of the task force are also conducting trail
walks to view what, if any violations are occurring and are encouraging residents to report any
violations.
Mr. Colopoulos reported there are over 100 questions in relation to the 19 policy areas. When the
task force makes its' recommendations, it will have a huge database of information and will be able
to anticipate most questions that may arise. The survey which will be sent to all residents is being
developed by a small steering committee and will be mailed as early as March. The trail walks will
continue until the surveys have been returned. Analysis of the data received will then begin. The
task force plans to have recommendations available in Mayor June of 1996.
Councilmember McCarty applauded all the members of the Snowmobile Task Force and noted the
task before them was not an easy one.
Mayor Bean stated his perception was that the meetings of the task force were unable to follow a
focus prior to obtaining a mediator. He apologized if his perception had been based on too narrow
of facts. He indicated he had received a lot of feedback that the group was having difficulties
maintaining direction and moving forward. He stated it appears the group is making progress and
he applauds them for that. He asked if the task force had considered if snowmobiles were an
appropriate form of recreation in the City of Shorewood. He noted the policy items addressed all
the problems created by the use of snowmobiles but did not include any positives. He suggested
the task force consider that if the use of snowmobiles is an appropriate recreation, how can it be
made viable for the City of Shorewood.
Mr. Colopoulos stated some community input and data which has been received addresses this
question. He noted the task force was initially formed due to objections from residents of the
incompatibility of snowmobiles and has naturally looked at the issues in perspective of the current
regulations. Some residents feel the ordinances are difficult to understand and enforce. He stated
he feels the information the task force is gathering will lead them to explore all issues and options
and reach a viable solution for all.
Mayor Bean stated he feels it is important to determine a way to maintain access to the lakes while
controlling snowmobile abuse in the City. Councilmember Malam thanked the task force for their
efforts.
8. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE
AMENDMENT AND SUMMARY TO SECTION 1300 . MUNICIPAL FEES
Hurm explained this ordinance is brought before the City Council on an annual basis to review the
fees and charges therein. Due to Park Commission recommendation and figures received from the
assessor, staff is recommending the park dedication fee be increased from $750.00 to $875.00.
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REGULAR CITY COUNCIL MINUTES
February 12, 1996 - PAGE 5
Councilmember Benson asked what amount other cities charge for park dedication fees. Hurm
noted it varied greatly. Councilmember Benson stated he would rather see the fee increased to
$1,000.00.
Councilmember McCarty stated she would rather see the fee increased to $900.00 than $1,000.00.
Mayor Bean noted a concern was that as the City approaches 100% development, this source of
revenue will no longer be available. He stated he felt it was appropriate that the fee be increased.
Councilmember McCarty stated she feels every fee contributes to the concerns of how expensive it
is to live in Shorewood and the lack of affordable housing. Councilmember Malam stated he did
not agree. He stated the park dedication fee would not have any bearing as to the type of housing
which is built.
Malam moved, Benson seconded to amend the proposed ordinance to increase the
park dedication fee to $1,000.00 per unit.
Councilmember McCarty stated she feels this is a large increase.
Voting on the motion: Motion passed 4/0.
Malam moved, Benson seconded to adopt Ordinance No. 309, "A Ordinance
Amending Chapter 1301 of the Shorewood City Code Relating to License, Permit,
Service Charges and Miscellaneous Fees. " as amended and summary to section
1300 - municipal fees. Motion passed 4/0.
9.
CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE
AMENDING SECTION 902 - USE OF RECREATIONAL FACILITIES BY
ATHLETIC ASSOCIATIONS
Hurm explained this ordinance will clarify the policy which has been used by the Park
Commission and City Council to determine donations for use of recreational facilities by athletic
associations.
McCarty moved, Malam seconded to adopt Ordinance No. 310, "An Ordinance
Amending Chapter 902 of the Shorewood City Code Regarding Use 0 f
Recreational Facilities by Athletic Associations." Motion passed 4/0.
10. CONSIDERATION OF A MOTION DIRECTING STAFF TO BUDGET
MONEY IN 1997 AND 1998 FOR GOOSE CONTROL EFFORTS
Hurm explained the LMCD is requesting the City of Shorewood budget $1,000.00 in 1997 and
1998 each for a proposed goose control program. The goose control program will be a
coordinated effort of the surrounding lake communities.
Mayor Bean stated this must be a coordinated effort of the entire lake area for it to be effective.
McCarty moved, Benson seconded to direct staff to budget $1,000.00 in 1997 and
1998 for goose control efforts with the stipulation that there will be a coordinated
effort district wide. Motion passed 4/0.
11. ADMINISTRATOR AND STAFF REPORTS
Engineer's Report on Holly Lane Drainage Issue
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REGULAR CITY COUNCIL MINUTES
February 12, 1996 . PAGE 6
City Engineer Brown reported the City of Shorewood is working with the City of Chanhassen in a
cooperative effort to clean up several areas which are tributary to Christmas Lake. One such
project initiated by Chanhassen is 25 acres adjacent to Holly Lane. 6 of the 25 acres are located in
the City of Shorewood. Chanhassen is presently sketching plans to create three detention ponds
on private property located in the City of Shorewood. The landowners have been very cooperative
and consider the ponds to be an asset to the community. Chanhassen is currently developing
conceptual plans and will draft legal easements that the City of Shorewood will be recording for
them as part of the cooperative effort.
Councilmember Malam reported he had received a telephone call from a Chanhassen resident with
regard to this issue.
B. Review Policy - Fire Department Response to CO Alarm Calls
Mayor Bean reported the number of carbon monoxide alarm calls the Fire Department is receiving
has increased substantially. He noted the City of Shorewood is concerned with maintaining public
safety but also is concerned with the strain this is placing on staff resources and budget. He
indicated there is a need to educate residents in this area.
Hurm reported the City of Excelsior has expressed concern with the increase in calls relating to
carbon monoxide alarms. Hurm explained the cost of fIre department services is related directly to
the number of call-outs. He explained in most situations where carbon monoxide is detected it is
not life-threatening. If carbon monoxide is detected and any member of the household is
experiencing flu-like symptoms, the house should be evacuated and 911 should be called. If no
one is experiencing symptoms, all gas appliances should be turned off and the home ventilated. If
the alarm does not turn off, the gas company should be notifIed. Hurm noted additional
information will be available at City Hall and will be included in the City of Shorewood newsletter.
Fire Chief Dick Mahaffey stated the Fire Department's principle concern is the welfare and safety
of all citizens. He stated he feels there is a lack of public awareness with regard to carbon
monoxide detectors and the public needs to be better educated.
C. Engineer's Report on Agreement for Water Services with the City of Victoria
Brown reported he received a telephone call from the City Engineer of Victoria stating that the
proposed water agreement between the City of Victoria and the City of Shorewood has been put on
hold. A recent analysis of Victoria's southerly water system indicates that their south system is in
need of a new well and water tower. The Victoria City Council has directed the City Engineer to
analyze the feasibility of constructing a new well and water tower which would meet the needs of
both their north and south systems. Based on this, the completion of the water agreement has been
put on hold until the feasibility report is complete.
D. Discussion on the Friends of Southshore Senior Community Center Proposed Regulations
Hurm noted a copy of the draft center rules and regulations for the Senior Community Center has
been sent to the Cities of Greenwood, Shorewood, Tonka Bay and Excelsior. Mayor Bean noted
this item will be before the Deephaven City Council on February 15, 1996 and he is hopeful this
will bring this issue to a resolution.
E. Report on LMCD's Special Event Permit process
Hurm reported staff had received a letter from Alan Willcutt, Executive Director of the LMCD in
regard to the "Special Event Permitting Process". This is a pro-active program to prevent the
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REGULAR CITY COUNCIL MINUTES
February 12, 1996 . PAGE 7
potential spread of Zebra Mussels and other exotics into Lake Minnetonka. He indicated the City
of Shorewood does not sponsor any special events.
Brown noted two public information meetings are scheduled for February 13, 1996. The first
from 5:30 p.m. to 7:30 p.m. to discuss proposed water main extension and roadway
reconstruction on Smithtown Road from Eureka Road to Country Club. The second from 8:00
p.m. to 10:00 p.m. to discuss Strawberry Lane from Smithtown Road to W. 62nd Street. Another
public informational meeting is scheduled for February 21, 1996 from 6:00 p.m. to 8:00 p.m. to
discuss Eureka Road. Hurm noted a work session will be noticed for that evening at 8: 15 p.m. for
the City Council to discuss the three projects if they feel it is necessary. Brown noted all residents
immediately adjacent to these streets were notified as well as residents in areas whose access may
be impacted by the construction.
12. MAYOR AND CITY COUNCIL REPORTS
Mayor Bean noted the Our Community, Our Youth Caring Month Award Ceremony is scheduled
for February 15, 1996 at 7:00 p.m. at the Minnetonka Community Center. Amanda Blumgren of
the City of Shorewood will be recognized at this event. Don Shelby will be the key note speaker
and emcee.
13. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS
Benson moved, McCarty seconded to adjourn the City Council meeting at 9: 28
p,m" subject to approval of claims, Motion passed 4/0,
RESPECTFULLY SUBMITTED,
Lorri L. Kopischke
Recording Secretary
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ROBERT B, BEAN, MAYOR
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