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031196 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 11, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:33 p.m. A. Roll Call Present: Mayor Bean; Counci1members Benson, McCarty, and Shaw (appointed at 7:43 p.m.); City Engineer Brown, City Administrator Hurm, City Attorney Keane, OSM Engineer Paul Hornby, and Planning Director Nielsen. Absent: Councilmember Stover. B. Review Agenda McCarty moved, Benson seconded to approve the agenda for March 11, 1996 as presented. Motion passed 3/0. Mayor Bean welcomed Cub Scout Pack 428. He thanked the Scouts for attending the meeting and explained the procedures of the City Council meeting. 2. APPROVAL OF MINUTES A. City Council Regular Meeting and Executive Session Minutes - February 20, 1996 Benson moved, McCarty seconded to approve the City Council Regular Meeting Minutes of February 20, 1996 as amended on Page 4, Paragraph 6, Line 1 replace "Lynchback" with "Lynch Bix". Motion passed 3/0. Benson moved, McCarty seconded to approve the Executive Session Meeting Minutes of February 20, 1996 as presented. Motion passed 3/0. B . City Council Work Session Minutes - February 21, 1996 McCarty moved, Benson seconded to approve the City Council Work Session Meeting Minutes of February 21, 1996 as presented. Motion passed 3/0. 3. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING AN APPOINTMENT TO THE CITY COUNCIL Mayor Bean noted this appointment was to fill the vacancy on the City Council due to the resignation of Councilmember Doug Malam due to a change in his residency. He explained the City Council had interviewed four candidates who had applied for the position. City Council recommendation is to appoint Frank R. Shaw, Jr. aka Tad Shaw to the City Council. Councilmember McCarty noted it had been difficult to choose between the four candidates. All four brought an energy and spirit to the City. She stated the Council felt Mr. Shaw's 'REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 2 . history of previously serving on the City Council would enhance the Council's working relationship. Benson moved, McCarty seconded to adopt RESOLUTION NO. 96-19. "A Resolution Appointing Frank R. Shaw, Jr., also known as Tad Shaw, to the Vacated City Council Position for the City of Shorewood for the Balance of the Year 1996. Mayor Bean noted he felt Mr. Shaw would bring a depth of experience to the Council to help carry them through the remainder of the year. He noted the position will be up for election in November of 1996 for a two year term to complete the four year term Councilmember Malam had vacated. Motion passed 3/0. City Administrator Hurm administered the oath of office to Mr. Tad Shaw. Councilmember Shaw joined the Council at 7:43 p.m. 4. CONSENT AGENDA - None. 5. MATTERS FROM THE FLOOR Cub Scout leader asked who to contact regarding the sign ordinance for Our Savior Lutheran Church. He was directed to contact Planning Director Nielsen. 7. PUBLIC HEARING 7:45 P.M. - 1996 ALLOCATION OF URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) . City Administrator Hurm reported the purpose of this resolution was to approve the projects for funding from the Year Urban Hennepin County Community Development Block Grant program and authorizes submittal of the proposal to Hennepin County. Staff is recommending $3,497.00 be allocated to the Southshore Senior Center Operation, $6,000 be allocated to Housing Planning Assistance and $7,989 be allocated to Housing Rehabilitation. Mayor Bean opened the public hearing at 7 :49 p.m. JoAnne K vern, Coordinator of the Southshore Senior Operation, thanked the City Council for their support in the past and continued support for the new Senior Community Center. She presented Councilmembers with the Southshore Senior Center Annual Report. She noted services provided by the Center included the serving of meals, van rides and many other activities. She thanked all the volunteers who continue to make the program a success. She noted the Center had raised $10,000 to donate to the Friends of the Senior Community Center and was committed to raise an additional $8,000 to help the van program. Hearing no further public comment, Mayor Bean closed the public hearing at 7:54 p.m. Mayor Bean asked and Nielsen confirmed that the $6,000 being allocated was for the Housing Plan included in the Comprehensive Plan. . ~ · . REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 3 . Hurm explained the funds could be re-allocated to Housing Rehabilitation if it was determined there was a shortage in that fund. This would however, require another public hearing. McCarty moved, Benson seconded to adopt RESOLUTION NO. 96-20. "A Resolution Approving Projected Use of Funds for 1996 Urban Hennepin County Community Development Block Grant Program, allocating $3,497.00 to the Southshore Senior Center Operation, $6,000.00 for Housing Planning Assistance and $7,989.00 to Housing Rehabilitation and Authorizing Signature of Sub-recipient Agreement with Hennepin County and Any Third Party Agreements." Motion passed 4/0. Dorothy Hoffman, President of the Southshore Senior Advisory Board, thanked the City Council and Shore wood residents for their continued support. 6. CONTINUATION OF PUBLIC HEARING - CONSIDER VACATION OF DRAINAGE AND UTILITY EASEMENT IN BOULDER RIDGE Mayor Bean noted this was a continuation from the last City Council meeting at which time Councilmembers had requested staff obtain additional background information regarding this request. . Nielsen noted he had included the Applicant's Wetland Delineation Report, the Corps of Engineers approval, the MCWD permit application, the MCWD Board Agenda and Minutes for the November 9,1995 meeting and the MCWD Permit in the Councilmember's packet. He stated the Watershed District's recommendation had consisted of a single paragraph and appeared to have been treated as a routine request. The item was included on the MCWD Board Agenda as a consent item. Approval was subject to the condition of 2: 1 mitigation and appeared to be considered as an extension of the original permit granted to Boulder Ridge. Chuck Dillerud, representing Tony and Diane Eiden, owners of Lot 5 and the Skine's owner of Lot 4, stated he felt the evaluation performed by Kelly J. Bopray, Certifted Professional Soil Scientist, explained what was evaluated in issuing the permit. Mr. Dillerud stated the impact area is dominated by a mono-typical stand of reed canary grass and water was observed within six inches of the surface at the time of the site visit. He stated he hesitated to call the wetland insigniftcant but felt it was not as signiftcant as many wetlands the Watershed District deals with on a day to day basis. He noted the Corps of Engineers authorized the mitigation under a national permitting procedure which is used to address the issues that arise lot by lot. He explained the lots could be built on as they are but the homes would not be consistent with the homes placed on the lots in the rest of the development. The goal of the Eiden Company is to maintain continuity in the characteristics of homes in the neighborhood. He maintained his perspective that this was not a wetland issue but a request for a drainage and utility easement vacation. He stated the City Engineer had not presented any information to demonstrate that the easement was still necessary. Mr. Dillerud stated neither Tony Eiden nor Abingdon Development had been involved in the original development of the property and did not create the situation. He reported he had contacted Mr. Miller in regard to the issue raised at the last City Council meeting of a lengthy environmental confrontation when the original permit was requested and been informed there had been none. Mayor Bean opened the pub~ic hearing at 8: 13 p.m. . REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 4 . Mark Schuster, 26450 Noble Road, presented slides of the area where the proposed filling would occur. He stated one of the lots has been for sale for three years and he believes the fill is being done to make the lot more salable. Christine Lizee, 27055 S~thtown Road, stated she was speaking as a Planning Commissioner and a concerned resident. She stated she did not believe the Planning Commission would concur with vacating the drainage and utility easement after all the work they have done to establish the wetland setback requirements and she felt this would establish a precedent in the City of Shorewood. She noted Mr. Miller was informed that this parcel had a small buildable area and the new owners should also have been aware of this fact. She felt a deck could be built on another side of the house which would not be within the setbacks. . Hearing no further public comment, Mayor Bean closed the public hearing at 8: 19 p.m. Mayor Bean asked if the drainage and utility easement was still necessary. City Engineer Brown stated he saw no impact in vacating the easement from an engineering standpoint as the applicant was required to mitigate any volume of disturbance. Councilmember McCarty reiterated the question posed at the last Council meeting as to why an owner would buy the house knowing it did not have a large backyard and then expect to have one. She noted the issue was in regard to a drainage and utility easement but stated that the City Council is a steward of the wetlands. She stated a hole can be dug and it can be called a wetland but it does not make it a wetland. The City has granted approval to build a house on this lot but not in the wetland area. She did not want to establish a precedent, especially for something requested after the fact. She stated there was nothing which made this an unlivable home or an unlivable lot. The owner has created the problem and the request is being made to achieve a better economic outcome. Benson moved, McCarty seconded to deny vacation of portions of drainage and utility easements for Tony Eiden Company, 26550 and 26600 Noble Road. Motion passed 4/0. 8. PUBLIC HEARING 8:00 P.M. PUBLIC IMPROVEMENT HEARING FOR W ATERMAIN, STREET RECONSTRUCTION AND OFF -STREET TRAIL PROJECT - SMITHTOWN ROAD A. Consideration of a Resolution Approving Project #95-16 - Smithtown Road Watermain, Street Reconstruction and Off-Street Trail Brown reported a feasibility study has been prepared for street and utility improvements on Smithtown Road from Eureka Road north to Country Club Road. A public information meeting for this project was held on February 13, 1996. At that meeting, the proposed walkway was to be located on the south side of Smithtown Road. Due to the impact this would cause, the walkway is now being proposed for the north side of the roadway. . Paul Hornby, OSM Engineering, explained the proposed trunk watermain will be installed to interconnect the Boulder Bridge and Badger Field Well systems. Storm sewer is proposed for the entire length of the project. Three outlets are proposed. One at County Club Road, one 200 feet west of Star Lane and the third at the Hennepin County Regional Trail. The walkway was originally proposed for the south side but has been moved to the north side due to the impact on trees. Trees of up to 14 inch diameter will be transplanted and the trail can be varied in placement to prevent encroachment on property. Placing the . REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 5 . trail on the south side would have affected 3-4 homes and placement on the north side will only affect one home. The total cost of the proposed project is $1,245,600.00. Brown reported three letters had been received this evening, two in opposition to the trail and the third in opposition to the municipal water service. Several residents have expressed concern in regard to the maintenance of the trail in the winter. Brown explained maintenance will be provided by the Public Works Department. Mayor Bean opened the public hearing at 8:33 p.m. Jim Latterner, 25235 Smithtown Road, presented the Council with a petition. He stated he had lived in Shorewood all his life. He stated the petition presented was signed by 75% of the residents on Smithtown Road which represents 26 houses. Two people he had spoken with thought they might want the trail and all others were totally against installation of the trail. Mr. Latterner stated he did not want water, curb, gutter or the trail. He felt the trail would promote more traffic and more people in the area. He stated he had moved to this area to stay away from people. He asked who would be liable if someone fell on the trail. He asked if bicycles would be permitted on the trail. Brown explained that State Aid funds were not available if the trail was designated for mixed-use. . Mr. Latterner suggested it would be more feasible to designate four feet on each side of the roadway as a trail. Brown explained this was against State guidelines. If a trail was placed in the street it was required to be eight feet wide. Mr. Latterner stated residents in the neighborhood do not want the trail. He questioned if access would be provided for emergency vehicles during street construction and if mail service would be continued. Thomas A. Dahlberg, 25270 Smithtown Road, asked if this project was being driven by the people or by the Commission. He felt the project was being driven by the Commission because the funds are available. He noted that Mr. Latterner had presented evidence which illustrated that the vast majority of people affected by this project were against the project. He questioned the safety, special use, and handicap access issues. Diane George, 25295 Smithtown Road, stated she was not totally against the trail but did not feel she had enough information to make a decision. She liked the safety issue of her daughter being able to ride her bike on the trail. She asked if the homeowners or the City would determine what type and where trees and shrubs would be replaced. She asked who would plant the trees or shrubs, who would replace them if they did not survive and who would clean the trail. She questioned the mandated 18 month hook-up to municipal water. . . David Ryan, 25560 Smithtown Road, stated he owned the house which would be affected by the trail being placed on the north side of the road. He stated he felt the trail would be located in the middle of his living room. Mr. Hornby explained the trail will stay within the right-of-way. He also noted that in the area in question, the trail would be moved all the way to the edge of the curb. Mayor Bean directed staff to discuss this particular property with the homeowner separately. REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 6 . Rollie Peterson, 5615 Harding Lane, questioned the storm sewer run-off. He stated there was an existing problem in the Harding Estates area. He felt a holding pond was necessary to ensure all water would flow to the north and not to the south. He felt a holding pond should be constructed on both sides of the improvement or the road should be elevated to ensure the run-off would flow to the south. . Nancy George, 25180 Smithtown Road, stated she was concerned that there was not 66 feet of roadway in front of her house and she would loose part of her yard. She expressed her concern for the beautiful trees on the north side of the road. Mr. Hornby explained the walkway would be located 9 feet from the front face of the curb. It would be a 6 foot walkway and there would be 2 feet beyond that. Ms. George stated she was totally against the project. She felt there was no need for that wide of a walkway on the north or the south side of Smithtown Road. Greg Elwell, 5720 Star Lane, explained his house was located at the intersection of Smithtown Road and Star Lane. He stated his property would be directly impacted by the proposed trail. He stated his property was heavily wooded and his house was located at the north end. He stated he was strongly opposed to the proposal. He felt this would not benefit the property owners. He stated he felt the proposal was driven by the State funding rather than by what the residents wanted. Julie Dahlberg, 25270 Smithtown Road, stated there were many kids who mingled and sat along the properties on Smithtown Road and she felt the trail would encourage more of this. She was concerned there would be a lot of people crossing Smithtown Road to access the trail and this would be dangerous. She expressed her concern with vandalism, traffic problems, and the number of trees being "wiped out". She felt the trail would encourage people to come to the area from outside of Shorewood and felt this was a real invasion of privacy. She stated she had a screened porch on the front of her house which she would no longer be able to use if people were walking by all day. She asked the Council to consider the residents' feelings. Leonard George, 25180 Smithtown Road, suggested the trail be eliminated and the road be widened by two feet. This would provide a place for bicycles to be ridden and give the driver a chance to pass without hitting someone. Ingrid Schaff, 25605 Smithtown Road, asked Planning Director Nielsen to address the right-of-way issue. Tom Richter, 25340 Smithtown Road, stated he has four children but was not in favor of the trail. He stated he felt the City had a perfectly good trail with the Hennepin County Trail System. He felt the proposed trail would not benefit anyone on Smithtown Road. He stated he has had his dog ran into by a bicyclist and he did not want this to happen to his children. . Greg Sochko, 5600 Wedgewood Drive, stated he was not immediately affected by the proposed trail. He questioned who was really driving the installation of the trail. He stated common sense dictated that the trail did not benefit the people who lived in the area. He stated he had moved to Shorewood to have a more peaceful surrounding and there was a trail available in the area. He noted he was in favor of the water project itself but was absolutely opposed to the trail. . REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 7 . Susan Wandersee, 25445 Smithtown Road, stated she had just moved into the area and liked Shorewood because it was quiet. She felt the only reason for the proposed trail was to help pay for the improvements of water and curb and gutter. Ed Bergslien, 24785 Smithtown Road, asked who would pay for all of these improvements. He stated he felt it would not be the City, State or County. Mayor Bean noted the project would be partially funded by State Aid. Mr. Latterner questioned the width of the proposed street. Brown explained the roadway would have a twelve foot wide drive lane and four foot shoulder on both sides. Mary Nylin, 5715 Star Lane, stated she was a runner and biker and saw no reason for the path. She felt if kids, dogs and bikes were all using the trail it would not solve the safety issue. She stated she had moved to Shorewood for the peace and quiet. If she wanted sidewalks, she would move from the city. Mr. Bergslien felt the road should be widened to provide more room on either side. He felt the funds would be better spent to provide easier access to the trail area where the railroad used to be. He stated he was not comfortable with people walking by his doors and windows. He noted the need for parking once the road started being torn up. Eric Munkeby, 5705 Eureka Road, asked how much the walkway was costing. Mr. Hornby stated the off-street trail would cost $28,000.00. Mr. Munkeby stated he was concerned with the speed of traffic on Smithtown Road. He felt widening the street would encourage faster traffic. He stated he was not in favor of the traiL . Mr. Ryan asked if the setbacks would be further reduced with the road being widened. Mayor Bean stated the right-of-way, setbacks and lot lines would not be altered by this project. Hearing no further public comment, Mayor Bean closed the public hearing at 9:20 p.m. Mayor Bean asked why the trail was being proposed. Nielsen explained the Shorewood Trail Plan pre-dated the Comprehensive Plan. There has been a long range plan in existence which identified numerous routes for various trails. The Trail Plan was updated in 1991 and adopted by reference into the Comprehensive Plan. The rationale of the Park Commission and residents is that it is desirable to try and separate the bike and pedestrian traffic from the vehicular traffic. Mayor Bean asked the City's liability for the walkway. City Attorney Keane stated the reasonableness of the City exercising discretion in terms of developing a safe facility with a separate use would be weighed, if and when, an accident occurred. If the City separated the vehicular traffic from the bike and pedestrian traffic it would give rise to less conflicts and less liability. Mayor Bean recessed the meeting at 9:31 p.m. and reconvened the meeting at 9:32 p.m. Mayor Bean asked who would be liable if someone slipped and fell on the walkway. He asked if there would be a conflict with allowing mixed-use of the walkway. . REGULAR CITY COUNCIL MINUTES March 11, 1996 . PAGE 8 . Keane stated the proposed trail would be a City facility within the City right-of-way which was maintained by the City and would be the City's responsibility. Mr. Hornby stated there would not be a conflict with mixed-use of the walkway. Mayor Bean questioned the access to homes during the construction and the access to the walkway. Brown explained the roadway will be tore up in half sections to maintain access to homes. One lane will be open in each direction at all times. The contractor will be required to keep all driveways open to maintain reasonable access. The homeowner will not have to park away from his home. Homeowners will have access to their mail at all times. If the mailboxes do have to be moved, a temporary facility will be installed. Handicap access to the trail will be provided at each intersecting roadway. Mayor Bean asked if there was an accurate estimate of the trees which would be removed. Mr. Hornby stated approximately 14 trees and 160 feet of hedge would be transplanted., He estimated no trees would be lost. He noted curves could be put in the trail to go around mature trees. If trees failed, they would be replaced. Mayor Bean questioned the drainage run-off. Brown noted several homes adjacent to Harding Lane do have a run-off problem. He stated this problem has been noted and the design will detain the run-off and not increase the amount to this area. If it is possible, the amount of run-off to this area will be reduced. . Mr. Hornby explained a 12 inch culvert which is located west of Star Lane on the south side, may be damaged or plugged. This culvert will be replaced with a 24 inch culvert. Mayor Bean questioned the option of adding two more feet to the width of the road. Mr. Hornby explained if the roadway is made wider it gives the perception that the speed limit is higher. This is compounded by the problem of pedestrians on the street. The off-street trail is a better solution. Mayor Bean questioned th~ MSA funding process. Brown explained the State routinely provides City municipalities with funds to ensure they will not end up with a city to city gridlock. The City is required to design the streets within the State guidelines. He noted the City of Shorewood will not be assessing homeowners for roadway construction. . Mayor Bean noted this was clearly stewardship of the City to the general fund. The City feels the use of State funds is a good method of preservation of City funds. Mayor Bean questioned the exact location of the walkway. Brown noted at the public information meetings it was stated that the trail would be located three feet from the back of the curb. Brown noted this was an error and apologized. The trail can be placed in whatever area is seen fit and can meander around the existing trees. The homeowners may have a problem maintaining the vegetation between the trail and the street in the future if the trail is placed three feet from the curb. Adequate corridor space for mailboxes and other obstacles also needs to be provided. Councilmember McCarty stated she was in favor of trails but was uncomfortable moving the trail to the other side of the roadway without knowing all residents were aware of this. She felt this change had to be better noticed. She suggested a survey be utilized to obtain information regarding who will be using the trail, where people go to walk, bike, etc. Mayor Bean noted he was concerned with postponing the project. He suggested an alternative would be to proceed with the project without the walkway. REGULAR CITY COUNCIL MINUTES March 11, 1996 - PAGE 9 . Councilmember Benson stated he agreed with Councilmember McCarty that he would like to have more information regarding the trail. He asked if the funds for the walkway could be placed in the bid as an alternative. He stated he felt it was important to capture the MSA funds. He stated this project is not driven by money. He noted at the previous meetings residents expressed the desire for trails. He felt it was important to move ahead with the bid process and make a decision on the trail at some point in the future. Brown noted the State will not allow the trail to be in the bid as an alternative, however a change order could be done to the project at a later date. The City does have the option not to use the State funding and fund the project on their own. Mr. Hornby stated the design could include provisions to cover the trail at a later date. Mayor Bean agreed it was appropriate to set the trail issue aside at this point. . McCarty moved, Benson seconded to adopt RESOLUTION NO. 96-21. "A Resolution Approving Project #95 - 16, Smithtown Road Watermain and Street Reconstruction and delaying the Off-Street Trail with no effect to the Trail Plan, and Ordering Plans and Specifications" Motion passed 4/0. Mayor Bean recessed the meeting at 10: 10 p.m. and reconvened at 10: 17 p.m. B . Consideration of a Resolution Authorizing OSM to Prepare Plans and Specifications for Project #95-16, Smithtown Road Improvements. Benson moved, Shaw seconded to adopt RESOLUTION NO. 96-22, "A Resolution Authorizing Execution of an Agreement for Professional Engineering Services on Project 95-16 - Smithtown Road Improvements." Mayor Bean asked staff to clarify ownership of the right-of-way included in this project. Keane requested the engineer provide a survey for his verification. Motion passed 4/0. 9. PARKS - Report by Representative There was no report due to the late hour. 10. PLANNING - Report by Representative . Commissioner Turgeon reviewed the actions taken and recommendations made by the Commission at its March 4, 1996 meeting (detailed in the minutes of that meeting). A. Consideration of a Resolution Regarding a Conditional Use Permit and Variance for Camp Coffee. Applicant: Stephen Bauer. Location: 19215 State Highway 7. Nielsen reported the applicant's original application proposed remodeling of the old Vine Hill Market Store. Based on Shorewood's Zoning requirements this required a conditional use permit for the drive-up window facility, a conditional use permit for off-site parking, a setback variance for the ingress/egress drive on Vine Hill Road , and a variance for the number of parking spaces. The property is zoned C-3, General Commercial and the existing building contains 2061 square feet of area. The applicant had originally proposed a 20 foot by 16 foot deck which would increase the floor area by 320 square feet. The original proposal included narrowing a wide open curb cut which was considered to be advantageous. The Planning Commission liked the idea but was concerned with parking . . . ., REGULAR CITY COUNCIL MINUTES March 11, 1996 . PAGE 10 on the site. The Planning Commission tabled the matter and directed the applicant to revise the plan to address the parking issue. Subsequently, the applicant provided a revised plan which included removal of one-half of the existing building. This will reduce the building to its original size. This will reduce the amount of parking required and provide more open space to accommodate parking. The Planning Commission recommended the only variance to be allowed would be the variance granted to the previous owner regarding the curb cut for the driveway on Vine Hill Road. This variance is justified due to the odd configuration of the area. The parking provided is now adequate. The Planning Commission is recommending approval subject to four stated conditions. Nielsen commended the applicant for his efforts at addressing the concerns of the original review. Stephen Bauer, stated it had been a pleasure working with Mr. Nielsen. The lot had a difficult configuration and in the end it was decided to shrink the size of the building. This seemed drastic at first but may result in the site being more aesthetically pleasing and does allow for more parking. He stated a signage plan has not yet been competed but will be submitted at a later date. Councilmember Benson noted this was a problem piece of property. This proposal makes good use of the site. Benson moved, McCarty seconded to direct staff to prepare a Resolution regarding a conditional use permit and variance for Camp Coffee, Stephen Bauer, 19215 State Highway 7, subject to staff and Planning Commission recommendations. Motion passed 4/0. 11. ADMINISTRATOR AND STAFF REPORTS Hurm reported he had received a letter from Karen Bowen, Director of Operations, Hennepin Parks Suburban Hennepin Regional Park District. It stated the Hennepin Parks Board of Commissioners denied the City of Shorewood's request for permission to sponsor winter hiking, biking, snowshoeing, and cross-country skiing on segments of the Southwest LRT trail that are within the boundaries of Shorewood. The Board denied the permit for additional winter trail activities within Shorewood on a 5-2 voice vote. Keane explained the Hennepin County Park Board essentially turns jurisdiction, responsibility and liability of winter usage of the trail over to the local governments. The winter season is defined as November 15th to April 1st. Keane stated he did not feel this would affect usage of the trail between now and April 1st. 12. MA YOR AND CITY COUNCIL REPORTS Councilmember Shaw reported his attendance at a meeting of the Minnetonka Community Service Education Board. He stated the Director Jim Jones had resigned. Dan Kuzlik is the new Director. Mayor Bean reported the authorization for temporary water for Gideon Woods had not occurred. He stated there had been a misunderstanding that the City of Shorewood would still have the opportunity to assess for their water service and the development would not be assessed by the City of Tonka Bay. Hurm noted there was an upcoming meeting scheduled at the staff level and he would bring a report back to Council. . . . e. ,. ".- REGULAR CITY COUNCIL l\UNUTES March 11, 1996 - PAGE 11 Mayor Bean reported he and Councilmember Benson had attended a joint meeting with the Excelsior City Council relating to a discussion on the proposed change to Water Street and Highway 7. 13. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, McCarty seconded to adjourn the City Council meeting at 11:00 p.m. subject to approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopischke, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ! .. /i Ii .) _ .' 'f=.=~\-b_)_A~~-~~f~1-k1;:Q,\;,--- ROBERT B. BEAN, MAYOR /1 ' ~f / I 1/1' Ii [ trG\..~ JAMES C. H M, CITY ADMINISTRATOR