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021296 CC Reg Min . . . 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. . ... .. . . . 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. . . . .. 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 . . . 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. . " 4 . . . A. 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 . >, . . . .., -' . 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 .. . . . .. 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 TimeSaver Off Site Secretarial ATTEST: ~ ) () 1\ i:J..-iQ A ^ h-IJvv~'\75 \~)\.--- ROBERT B, BEAN, MAYOR JA