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092396 CC Reg Min 4. ~. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 23, 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. explaining the Work Study Session which had been scheduled at the conclusion of the meeting had been canceled. A. Roll Call Present: Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; Finance Director Al Rolek and Engineer Larry Brown. B. Review Agenda McCarty moved, Stover seconded to approve the agenda for September 23, 1996. Motion passed 5/0. Mayor Bean introduced Officer Jeff Keller of the South Lake Minnetonka Public Safety Department who recently replaced Officer Brian Flaherty as the Shorewood patrol officer. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes September 9, 1996 Benson moved, Stover seconded to approve the City Council Regular Meeting Minutes of September 9, 1996, as amended on Page 3, Item 8, Paragraph 1, Sentences 4 and 5, change to read, "Ms. Carlson explained the tenant, Mr. Fox, had expressed a desire to rehabilitate the property and bring current his payments, however, he failed to do so." Page 3, Item 8, Paragraph 1, Sentence 7, change to read, "Ms. Carlson stated had she received any notice with respect to the property, she would have attended to this matter. She apologized for any problems created by this property." Page 4, Item 8B, Paragraph 3, Sentence 3, change to read, "He stated it had not been anticipated that sump pump charges would become burdensome." Motion passed 5/0. B. City Council Work Session Meeting Minutes September 9, 1996 Stover moved, Shaw seconded to approve the City Council Work Session Meeting Minutes of September 9, 1996 as amended on Page 1, Item 2, Paragraph 4, Sentence 1, change "usage" to "licensing and the size of licenses;" Page 2, Paragraph 1, Sentence 4, change to read, "She expressed her opinion if the City is going to spend money on . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 2 building trails for hikers in the City, perhaps a location other than adjacent to the LRT could be found." Motion passed 5/0. C. City Council Work Session Meeting Minutes September 16, 1996 McCarty moved, Shaw seconded to approve the City Council Work Session Meeting Minutes of September 16, 1996 as amended on Page 2, "Mandatory Hookup," Paragraph 3, Sentence 4 amend to read "residential" facility; Page 3, Paragraph 3, amend to read, "by virtue of municipal water availability." Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for September 23, 1996. Benson moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion to Approve an Extension to October 9, 1997 of a Conditional Use Permit Applicant: Jerry Grewe Location: 4550 Enchanted Point B. A Motion Adopting RESOLUTION NO. 96-88, "A Resolution Approving a Garbage Hauler's License for Waste Technology Inc." Motion passed 5/0. 4. MATTERS FROM THE FLOOR Theresa Zerby, 5680 Christopher Road, presented a petition for safe streets which is in support of an off street hiking/biking trail along Smithtown Road. Ms. Zerby explained 120 Shorewood adult residents signed the petition. In addition, a children's petition was circulated in recognition of their importance as Shorewood citizens. Sixty-five children signed the petition. Ms. Zerby requested the Council consider the fact the traffic along Smithtown Road will only increase in the future. In addition, she expressed concern with respect to the safety of the road and hazards created for children while walking and biking to school. Mayor Bean expressed appreciation for the time and effort put into this undertaking. He directed the matter be forwarded to the Park Commission for their consideration, noting street right-of-ways are an issue which will need to be determined. Mayor Bean noted that although there is support from a number of neighborhoods throughout Shorewood, a significant number of people signing the petition are from within the immediate Smithtown neighborhood. Ingrid Schaff, 25605 Smithtown Road, addressed the Council with respect to the proposed snowmobile ordinance. She asked the Council to consider that less than 5 percent of the REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 3 . population of Shorewood has a registered snowmobile in the household, yet the trail, city streets and lake access points are often open to anyone who can gain access. Ms. Schaff pointed out the City has spent thousands of dollars to survey its citizens, yet she felt the City was ignoring some of the most compelling conclusions. In addition, City law enforcement officials have routinely stated that enforcement of any snowmobile related violations is difficult, if not completely impossible. Ms. Schaff noted most snowmobile riders are good, law abiding people, however, there exists a minority of riders who ignore property rights, are loud and arrogant, and pose a danger to themselves as well as to others. Scott Zerby, 5680 Christopher Road, thanked the Council for their efforts with respect to Badger Park. Mr. Zerby expressed concern for the safety issue surrounding Smithtown Road. He recalled an investigation had been planned with respect to creating a school zone around Minnewashta Elementary School. In addition, Mr. Zerby had expressed an interest in the placement of additional speed limit signs along Smithtown Road. He offered to pay for the sign as a donation to the City. Mr. Zerby also suggested a sign indicating children at play could be appropriately placed on Smithtown Road. . Mayor Bean inquired if the speed limit signs were posted by MNDOT or the City of Shorewood. City Engineer Brown explained the City has the authority to establish a school zone around Minnewashta Elementary School. He stated he would request direction from the Council on this matter. Brown further noted enforcement would also need to be addressed. City Administrator Hurm noted he had met with the school principal with respect to safety concerns in the area. Brown explained there had been a number of requests for cross walks in front of the school, however, he would not want to give children a false sense of security without adding a beacon or adequate patrols to those cross walks as well. Mayor Bean asked Officer Keller if additional speed limit signs would have an affect. Officer Keller noted signs are sometimes stolen and would suggest verifying all signs are in place. Mr. Zerby noted the speed limit sign on County Road 19 is placed such that it is somewhat obscured. Engineer Brown stated staff will investigate the issue of the speed limit sign and look for areas of improvement. Councilmember Stover requested the sign with respect to children at play be investigated as well. Mr. Zerby also expressed concern as a bicyclist that maneuverability is impeded by the lack of shoulder on the road. Mayor Bean commented the City must first establish how much right-of- way the City has and where additional right-of-way may have to be acquired. 5. PLANNING - Report by Representative Commissioner Turgeon addressed the Council and reviewed the matters considered and actions taken by the Planning Commission at the September 17, 1996, meeting (as detailed in the minutes of that meeting). . . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 4 A Motion to Direct Staff to Prepare Findings of Fact Regarding a Lot Combination and Resubdivision Applicant: Mark Sass Location: Lots 10, 11, 12, Block 11, Minnetonka Manor Planning Director Nielsen reviewed the matter in detail. Mr. Sass was present and noted he would like to construct one home this fall. Councilmember Stover felt it was to the benefit of everyone that substandard lots are combined to be conforming. Stover moved, McCarty seconded directing staff to prepare a resolution approving a lot combination and resubdivision for Mark Sass, Lots 10, 11, 12, Block 11, Minnetonka Manor. Motion passed 5/0. Mayor Bean commented this would create some more affordable opportunities within the neighborhood while taking off the records the original platting which called for 50-foot lots in this particular area. He felt this would be a positive step. 6. CONSIDERATION OF A MOTION APPROVING AN INVESTMENT POLICY Finance Director Rolek explained a draft investment policy was being presented for Council review. Rolek explained the reasons for a written policy is to set clear written guidelines and parameters for an investment of City funds, to be certain the City is complying with state statute and it assists the City with its credibility with bond rating houses who are looking for policies of this nature by cities. Mayor Bean suggested with respect to "Pooling of Investments," the policy read "cash assets for all City funds may be pooled," as opposed to "is pooled." Additionally, Mayor Bean noted the actual portfolio does not get reported with any frequency. Rolek explained it is included in the quarterly report, however, more frequent reports could be provided. Mayor Bean suggested an investment component to the quarterly reports discussion. Rolek commented this will be added to the "Internal Controls" provision of the policy. McCarty moved, Benson seconded approving the Investment Policy with the additions as noted. Motion passed 5/0. 7. SNOWMOBILE TASK FORCE REPORT A. A Motion to Accept the Report and Give Direction to Staff Regarding Implementation Planning B. Review of First Draft of Snowmobile Ordinance Amendment Mayor Bean summarized the Work Study Sessions of the Council and the general discussions which were held. REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 5 . Councilmember Stover suggested the Council could accept the documents and acknowledge the intent to implement those parts of the documents the Council is in agreement with. She acknowledged the amount of time and energy put into the report by the Snowmobile Task Force noting she would prefer not to make policy decisions too rapidly. Councilmember Stover referred to the ordinance which was presented and noted 13 items in conflict with each other in its present state. She further pointed out some parts of the ordinance require a decision be made. Mayor Bean pointed out some of the policies relate to State control issues. Administrator Hurm noted the ordinance is a draft, however, in terms of implementation of the recommendations, it is important to determine if there are any Task Force Recommendations which Council is not in agreement with. Councilmember Stover stated she would prefer to clarify the conflicts within the ordinance prior to adding to the ordinance. Mayor Bean suggested some determinations could be made with respect to general policies and a study session utilized to address the issue of rewriting the ordinance. . Mayor Bean pointed out there are some policies over which the City does not have control. He felt input could be provided to the State with the suggestion that changes be made. Mayor Bean stated regardless of the direction the Council ultimately takes, there will be issues with respect to enforcement. The ordinance will need to be clearly defined and the police department notified of the Council's intentions regarding enforcement. Mayor Bean stated the Task Force report makes specific recommendations with respect to curfew which he felt the Council could immediately adopt. He noted there had been discussion with respect to various speed limits and recalled the Council had decided that would be very difficult to enforce and that a speed limit should simply be agreed upon. Mayor Bean further pointed out with respect to noise abatement, there is currently an ordinance governing this and questioned whether anything could be done in addition. He stated the ordinance will need to clearly define what will be done in that area. Mayor Bean noted a number of safety issues. He recalled the Council had reached concurrence at this point in time that they were not prepared to ban snowmobiles from the city entirely. A decision will need to be made whether to allow snowmobiles on the trail or on a side trail within the same corridor and in what context that would be. In addition, lake access will need to be further evaluated. Mayor Bean suggested with respect to the education recommendations of the Task Force that staff be directed to begin formulating a tentative plan of implementation. . Regarding the use of carbide studs, Mayor Bean did not feel the City has any control over this and pointed out the snowmobiles come from the factory with studs and if it were a significant issue, the snowmobiles would probably be banned from the streets. ..., 1 . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 6 Mayor Bean suggested accepting the report as presented and recommended pursuing the implementation of the recommendations in the areas of enforcement, curfew, speed limit, noise, safety, the LR T corridor usage hours, education, and the length of the season. Councilmember Shaw noted this to be December 1 st to the end of March. Mayor Bean noted the usage hours recommended are 7:00 a.m. through 10:00 p.m., Sunday through Thursday, and 7:00 a.m. through 11 :00 p.m. Friday through Saturday. Mayor Bean stated the two areas to be revisited are the LRT and the Timber Lane lake access. He felt the Council would need to build as much consensus as possible on the issues with which they are in agreement. Councilmember Stover pointed out there is a strong minority opinion with respect to the Timber Lane access and felt both sides of the issue need to be reviewed. Mayor Bean asked Officer Keller for the policy utilized by Tonka Bay and Excelsior with respect to the trail. Officer Keller noted Tonka Bay does not have a snowmobile ordinance, however, state statute has been applied for snowmobile enforcement. Excelsior does not allow snowmobile use on the LRT. Council did not express concern with the Crescent Beach access. Mayor Bean suggested staff obtain feedback from Tonka Bay relative to the use of Timber Lane and Crescent Beach. Councilmember McCarty was in agreement with this. Mayor Bean stated lake access issues will be addressed separately after staff has contacted T onka Bay to ascertain their plans with respect to those lake access points. Administrator Hurm indicated if the Council needs to spend more time on the issue of corridor usage and would decide to hold public informational meetings, it would be unlikely this could be implemented this year. Mayor Bean commented he would like a neighborhood open house discussion to see how people feel about a side trail. Councilmember McCarty pointed out a decision would first need to be reached on whether snowmobiles will be allowed on the trail. Councilmember Stover felt this would be a primary issue to be discussed at a work session. Councilmember Stover noted the public may be interested in informational meetings to receive input. Mayor Bean suggested contacting residents along the corridor and discussing ideas of what would be involved and getting their reaction. In addition, Mayor Bean did not feel the issue of a side trail would be decided this season. Councilmember Stover noted her agreement. Bean moved, Benson seconded accepting the Snowmobile Task Force Report as submitted, directing staff to prepare an implementation plan which implements the recommendations attendant to the policies outlined in Pages 10 through 22, specifically in the areas of enforcement, curfew, speed limit, noise, education and snowmobile season, excepting the recommendations regarding the LRT corridor or usage thereof and the lake access points at Crescent Beach and Timber Lane; directing staff to identify a plan of neighborhood involvement and notification with respect to the usage of the regional trail corridor and obtain information from Tonka Bay relative to their usage of the corridor trail. Motion passed 5/0. Mayor Bean scheduled a work study session to review the snowmobile ordinance on Monday, September 30, 1996, at 7:30 p.m. He further suggested some of the neighbors be invited to a I. . ; ~ . . . REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 7 following work session. Councilmember Stover noted two issues for the study session would be consideration of the ordinance and how to best obtain information from affected neighbors. Mayor Bean recessed the meeting at 9:24 p.m. and reconvened at 9:36 p.m. 8. POLICY ON HOOKUP TO MUNICIPAL WATER SYSTEM A. A Motion to Adopt a Resolution Regarding Policy on Hookup to Municipal Water System Mayor Bean reviewed this matter noting this is an outcome of a work study session which was held. Stover moved, Shaw seconded adopting RESOLUTION NO. 96-89, "A Resolution Regarding Policy on Hookup to Municipal Water System." Motion passed 5/0. B. Review of First Draft of Ordinance Amendment Section 903.05 Regarding Private Wells Mayor Bean pointed out the ordinance provides private wells may be constructed or maintained if the property owner so chooses as long as the two water systems do not co-mingle, which is State statute. Councilmember Stover stated for further clarification, she would like to include that there is no requirement to hookup, noting a personal well may be drilled rather than hooking up to municipal water. Councilmember Shaw pointed out this covers two issues. Councilmember Stover suggested "private wells may be constructed or maintained and continued in use. If connection is made to the City water system, there can be no means of cross connection." City Attorney Keane suggested amending the language of the ordinance as follows, "may be continued in use whether or not connection is made to the municipal water system. In no event shall there be a means of cross connection between the private well and the municipal water system." The Council was in agreement with this amendment. Benson moved, Stover seconded accepting the ordinance as amended. Motion passed 5/0. 9. ADMINISTRATOR & STAFF REPORTS A. Engineer's Report on Kate Lynch-Bix Mailbox Engineer Brown explained he did coordinate with the contractor and the contractor has indicated a cash settlement has been sent to Ms. Lynch-Bix. B. Engineer's Report on Naomi Carlson Driveway at 25565 Smithtown Road . . . , t REGULAR CITY COUNCIL MINUTES SEPTEMBER 23, 1996 - PAGE 8 Engineer Brown reviewed the photos taken prior to the watermain construction and noted there was no private entrance to Ms. Carlson's property on Smithtown Road. However, the City did negotiate a new location for the driveway and progress has begun to build that on Smithtown Road. C. Report on III Grant Program Engineer Brown explained the report in detail noting the City of Shorewood has been selected to participate in this grant program. The funds will be utilized to complete a feasibility study to detect and reduce infiltration and inflow. Administrator Hurm noted staff researched the Suburban Rate Authority and was unable to locate information with respect to Shorewood's participation in the Suburban Rate Authority. In speaking with other city administrators, Hurm did not find a compelling reason for the City to join the Suburban Rate Authority. I o. MAYOR & CITY COUNCIL REPORTS Mayor Bean announced that the Alzheimer's Association will be sponsoring the 3rd Annual Alzheimer's walk on Saturday, September 28th at 9:00 a.m. in an attempt to raise funds for Alzheimer's research. 11. ADJOURNMENT Shaw moved, McCarty seconded to adjourn the meeting at 9:55 p.m. subject to the approval of claims. RESPECTFULLY SUBMITTED, Cheryl Wall at, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ~ '. ~M- ROERT B. BEAN, MAYOR ~ ~ v\JW1 J S C. HURM, CITY ADMINISTRATOR