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111296 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING TUESDA Y, NOVEMBER 12, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. 1. MINUTES CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:32 p.m. A. Roll Call Mayor Bean; Councilmembers Benson, McCarty, Shaw, Stover; City Administrator Hurm; City Attorney Tim Keane; and Engineer Larry Brown. B. Review Agenda Present: McCarty moved, Shaw seconded to approve the agenda for November 12, 1996. Motion passed 5/0. 2. APPROVAL OF MINUTES City Council Regular Meeting Minutes October 28, 1996 Shaw moved, Benson seconded to approve the City Council Regular Meeting Minutes of October 28, 1996, as amended on Pages 2, 3, 4, and 5, under the various items, change to read, "Consideration of a Motion to Adopt;" Page 3, Item B, change motion to read, "approving" rather than "regarding;" Page 4, Item C, change motion to read "approving" rather than "regarding." Motion passed 5/0. City Council Special Session Meeting Minutes October 30, 1996 Stover moved, McCarty seconded to approve the City Council Special Session Meeting Minutes of October 30, 1996, as submitted. Motion passed 5/0. Canvassing Board Meeting Minutes November 6, 1996 Benson moved, Stover seconded to approve the Canvassing Board Meeting Minutes of November 6, 1996, as submitted. Motion passed 5/0. 3. CONSENT AGENDA Mayor Bean read the Consent Agenda for November 12, 1996. McCarty moved, Stover seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 96-100, "A Resolution Establishing a 150' Buffer Zone on Area Lakes" B. A Motion Adopting RESOLUTION NO. 96-101, "A Resolution Approving a Conditional Use Permit for Accessory Space Over 1,200 Square Feet" Applicant: Location: Allan Larson 4320 Dellwood Lane . . . REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 2 C. A Motion Adopting RESOLUTION NO. 96-102, "A Resolution Approving a Final Plat - McCary Addition" Applicant: Location: Thomas and Mary McCary 6010 Ridge Road D. A Motion Adopting RESOLUTION NO. 96-103, "A Resolution Correcting Levy #13502 and Authorizing Abatement of Assessment for PID 32-117-23-22-0022" 4. MATTERS FROM THE FLOOR Laura Turgeon, 24670 Amlee Road, appeared as a resident and former Snowmobile Task Force member. She expressed concern regarding a letter which is proposed to be sent out addressing changes in the snowmobiling rules and ordinance and wanted an opportunity to provide input prior to distribution of the letter. Ms. Turgeon suggested the new points be highlighted and bulleted. She noted the Task Force's recommendation for zero tolerance is not mentioned or defined. Ms. Turgeon also stated the police officers need to be made aware of the enforcement parameters. Ms. Turgeon questioned the timing and relevance of the article noting the question of snowmobiling on the LRT has not yet been decided. She further questioned the City's authority to post signs on the portion of the trail belonging to Tonka Bay. In addition, Tonka Bay has not yet filed for a permit. Ms. Turgeon also asked why the City did not take advantage of the extension provision available through Hennepin Parks which would have extended the time period to request a permit to November 7, 1996. Ms. Turgeon did not feel the issues have been adequately represented to the Council and Councilmembers have not been given accurate accounts of both sides of the issue. She asked the Council to take a step back and re-evaluate the process being followed in this matter. Mayor Bean noted the newsletter had not been sent due to a cover letter he was preparing to be included. He explained four or five major bullets are outlined noting the change in which youth under 14 are required to be accompanied by a guardian who has been certified, changes in speed limits and time, as well as when, where, and who can use the snowmobile. Mayor Bean stated the letter is intended to be sent to snowmobilers with a subsequent distribution to the snowmobiling groups in the area. Mayor Bean noted the Council has reviewed the Task Force recommendations and that considerable discussion had involved the issue of zero tolerance. He explained the Council has not yet come to agreement on all of the recommendations of the Task Force. The open issues remaining include the usage of the LRT, the access at Crescent Beach and Timber Lane as well as defining zero tolerance and what the measurement of that will be. Mayor Bean also explained the Council has adopted changes to the ordinance relative to snowmobiles and this will be clearly communicated to the police department. Councilmember McCarty stated she would have liked to have known there was an opportunity to take advantage of an extension provision through Hennepin Parks. In addition, she noted residents have inquired as to the progress being made in light of the work which has been completed by the Task Force. Councilmember Stover noted she had not seen the newsletter. She agreed with Ms. Turgeon relative to making a decision with respect to the grooming of Tonka Bay's portion of the trail. . . . REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 3 Allan Krutsch, 25725 Smithtown Road, urged the Council to ban snowmobile use on the trail. He pointed out the trail is constructed through a residential area and felt this trail would be inappropriate for any type of motorized use regardless of the time of season. He expressed concerns of safety, noise, trespass and private property rights and felt that motorized use of the trail would be incompatible with the area. Mr. Krutch also commented on the proposed change of name for Eureka Way. He spoke in favor of this change stating he owns the majority of the road which exists between his properties. Tom Kelsey, 25605 Smithtown Road, noted there is a persistent minority of snowmobile ridership which is reckless and disrespectful. He felt the speed and mobility of the machines would make enforcement extremely difficult. He noted many snowmobiles routinely travel twice the speed limit. In addition, Mr. Kelsey pointed out there is no 150-foot safety margin as there would be relative to lake shore property. He stated if the Council approves mixed use on the trail, this would not be a safe or responsible decision. Mayor Bean clarified where the 150-foot zone extends and which rules apply within that 150-foot zone. He further commented that Shorewood does not control the usage of snowmobiles on the lake outside of the 150-foot buffer zone. Clay Atkinson, 5735 Brentridge Drive, stated he had come to the meeting believing snowmobiles could be left on the LRT, but had now changed his mind. He expressed concern with snowmobiling in the wetland areas. Mr. Atkinson noted specific concerns relative to Church Road. Mayor Bean noted a time would be set for further discussion on the use of snowmobiles on the LRT. Connie Dove-Clover, 5457 Mallard Lane, noted her home is located 15 feet from the LRT corridor. She stated her concurrence with Mr. Atkinson and Mr. Kelsey. Ms. Clover commented she no longer allows her children to walk on the trail due to safety concerns. She requested her children be allowed to address the Council relative to trail use with snowmobiles. Ann Clover, 5457 Mallard Lane, stated she uses the trail daily and related an incident in which she and a friend were forced to jump into a ditch because the oncoming snowmobiler made no attempt to avoid them. She stated a fence had been built on their property to keep snowmobiles out of their yard, however this remains a problem. Jonathan Clover, 5457 Mallard Lane, related problems with snowmobiles on the trail noting they travel at excessive speeds and have noisy mufflers, many over the decibel levels. He also related instances when he has had to jump into the ditch area to avoid snowmobiles which operated without regard for pedestrians. Mr. Clover noted this to be a very scary experience. Ingrid Schaff, 25605 Smithtown Road, noted she had served on the Snowmobile Task Force for almost a year and at that time had been informed there would be a vote in September relative to snowmobile usage in Shorewood. Ms. Schaff also understood a decision had been made to contact people residing along the LRT for input. She stated to date this has not been done. In addition, Ms. Schaff commented that after having had three Task Forces over the years relative to this issue, the ordinances still have not been communicated to the police department. Ms. Schaff requested a date be set to allow residents along the trail to voice their concerns and suggested the Councilmembers walk along the trail. Ms. Schaff expressed concern for a safe environment for everyone. Mayor Bean expressed appreciation for the comments of the residents and stated a date would be set to review snowmobiling in the City. . . . REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 4 5. PLANNING Commissioner Turgeon reviewed the matters considered and the actions taken by the Planning Commission at their meeting on November 6, 1996 (as detailed in the minutes of that meeting). 6. CONSIDERATION OF A MOTION REGARDING A NAME CHANGE FROM EUREKA WAY TO REUTIMAN LANE Mayor Bean noted letters had been received from Lori and Michael Braun and Steven Jaeger in opposition to this request noting the personal expense involved with address changes and property legal description changes. Robert Reutiman addressed the Council stating he has lived in the area since 1915. He provided the Council with the history involved in the establishment of Eureka Way and stated he would like to see the street renamed. Tom Kelsey, 25605 Smithtown Road, spoke in favor of naming Eureka Way after the Reutiman family. He felt this would be a suitable tribute to the family who has been an important part of the community. Mr. Kelsey addressed the issue of Smithtown Meadows which is currently being built around his property and would involve renaming of Smithtown Way to Reutiman Lane. He proposed that particular road not be named Reutiman Lane noting he has a significant investment from a business standpoint with respect to his business identity which is tied to the address on Smithtown Road. He pointed out Smithtown Way would not be a significant departure, however, Reutiman Lane would be. Mayor Bean noted the petition being considered is for a change in name for the current Eureka Way to Reutiman Lane. Ingrid Schaff, 25605 Smithtown Road, noted there are actually two roads, Eureka Way, a one block piece and then the trail crossing. At that point, the road continues on. She noted the Brauns have a Eureka Way address. Ms. Schaff suggested the one block piece be named Reutiman Lane which would allow Eureka Way to remain. Councilmember McCarty asked if street names could be changed relative to postal regulations and what type of expense this change would entail. Councilmember Benson stated he could not recall the Council becoming involved in the naming of streets in the past. Councilmember Stover suggested Eureka Way may be a private road. She noted there is a contradiction in the belief of the homeowners as to who owns the land with which easement is given to the other property owners. Councilmember Stover stated Eureka Way may be an easement between two neighbors. Mayor Bean felt the Reutiman family should receive some recognition, however it should be done in a way in which the residents can be supportive of it and suggested looking for another alternative to recognize the Reutiman family. Mayor Bean suggested possibly one of the parks could be renamed after the Reutiman family. The Council was in agreement with this. Councilmember Stover was in favor of recognition associated with a park type area because it would be a broader recognition than naming a street. It was noted two possibilities would be Silverwood Park or Manor Park. Mayor Bean suggested taking the matter under advisement to find a more suitable recognition for the Reutiman family. In addition, Mayor Bean suggested referring this matter to the Park Commission for their consideration. Councilmember Stover requested if the Park Commission cannot find a solution, that this matter be directed to staff for their assistance. Mayor Bean also pointed out one of the beaches could also be a possibility. . . . REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 5 7. DISCUSSION OF POLICY REGARDING COMBINATION OF LOTS AND ASSESSMENTS Administrator Hurm recommended since the subject property is no longer a lot, the assessment be abated and that if it were subdivided in the future and sold resulting in a newly created lot, that the charge be levied. Mayor Bean noted the Council had not wanted to create incentives to subdivide lots. He felt the installments should be abated and rebated. Mayor Bean inquired if there should be a time frame established relative to recombinations of property. Councilmember Stover felt the trunk charge, which the property owner requested be levied against property is an expense of that property. Hurm pointed out this is no longer a buildable lot. Mayor Bean felt if a property owner recombined property within one year of notice, possibly the first installment and future installments could be abated. Councilmember McCarty pointed out two separate issues are being considered, the request of the Hermans and the issue itself. Hurm noted this situation is not likely to occur very often and could be handled on a case by case basis. Mayor Bean felt there would need to be a reasonable time frame from the time of the approved assessment to the recombination of the property for consideration to be given to a rebate. Councilmember Shaw raised an issue with property being sold on a Contract for Deed. Mayor Bean felt a Statement of Intent could be contained within the context of the Contract for Deed. If that piece would be sold off, there could be a charge at that point. He felt this could be dealt with within the facts and circumstances as each issue would come before the Council. Lori Herman, 5645 Eureka Road, explained the property was purchased with the intent to keep it so that it could not be developed. She noted there had been confusion between the water trunk charge and the water assessment charge. Mayor Bean suggested to the extent a property owner is considering a recombination, there could be a direction to staff that any future requests with respect to the trunk charge should be presented by petition to the Council. A reasonableness test could then be applied by the Council. Councilmember Stover asked if there would be any way through the administrative process to determine if a property owner plans to recombine a property or if a new lot is actually being created. Engineer Brown felt inquiry could be made at the time a property is listed for sale. Administrator Hurm felt the rebate should be sent to the person who paid the original amount. Shaw moved, Stover seconded to rebate the original payment on the trunk charge for 5635 Eureka Road and abate the remaining 14 installments due to the fact this particular parcel is being recombined to an existing lot at 5645 Eureka Road. Motion passed 5/0. . REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 6 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT Tom Caswell, Community Development Division of the Metropolitan Council, was in attendance. He explained a new program has been developed which provides a staff person to serve as a staff representative to various communities. The goal of the Metropolitan Council is to assist communities with the Livable Communities Act in addition to any other concerns which might arise. Mr. Caswell noted the Livable Communities Act encourages communities to assist in providing affordable housing. He explained the affordable housing value in Shorewood is $115,000 and monthly rent is $638 considering a salary of $28,000. Mr. Caswell notes this is a long range program to the year 2010. Mayor Bean commented when this issue was considered a year ago, there were matching grant funds available to pursue some of the objectives. He noted communities can share their resources in the process of identifying their goals which presents the opportunity to combine objectives and identify them from a more regional basis such as the greater Excelsior area. Mayor Bean noted two areas which are issues for Shorewood. First the amount of monies which flow to the Regional Transit Board are approximately $300,000 for its bus services. In addition the sewer rates are excessive in comparison to other communities in the area. . Councilmember Stover felt there was a conflict in requesting affordable housing yet taking dollars out of the pocket of the persons seeking this housing because of the lack of public transportation and higher sewer charges in the Shorewood area. Mr. Caswell stated the Metropolitan Council will look to see what barriers exist which would prevent affordable housing. He stated this is an issue which he will bring back to the attention of the Metropolitan Council for their consideration. Mayor Bean recessed the meeting at 9:29 p.m. and reconvened the meeting at 9:36 p.m. Councilmember Stover noted the resolution refers to 60 units of affordable senior housing. She stated she was not aware there was a particular number to pursue. Mayor Bean explained this is a ballpark number from the Comprehensive Plan. Councilmember Stover clarified these units do not have to be in one location. Councilmember Stover also noted a previous survey indicated seniors do not want apartments. She acknowledged the resolution states the emphasis to be placed on step down housing, however, she stated she does not feel Shorewood will ever pursue senior apartments. Mayor Bean noted the first priority was to create additional opportunities for step down housing and the second priority would be relative to assisted living. Mayor Bean felt this may be an opportunity to work with other cities and that this objective may not be limited to the Shorewood city limits. He suggested perhaps a building could be constructed in the south shore area with the participation of other cities. Councilmember Shaw suggested changing the language to read, "develop regional senior housing." . Administrator Hurm suggested the Council may want to consider changing the resolution language to state "develop a senior housing program for Shorewood and the South Lake Minnetonka area which includes allowing seniors to stay" and then providing a range of housing. . . . REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 7 Councilmember Benson commented he would prefer to leave the reference to apartments in. He gave examples of certain situations in which an apartment building could fit in, but he felt to exclude apartment buildings would limit opportunities for seniors. Councilmember McCarty was in agreement with leaving the reference to apartments in the resolution. Councilmember Benson pointed out the most significant problem to be high land costs. He stated the only way to bring the cost down and still be able to complete a project would possibly be to stack the units. Councilmember Shaw commented on a senior apartment building in Hutchinson and stated a wide range of definitions can be used when speaking of senior housing. Councilmember Stover did not feel senior apartments would happen, however, she felt the option could remain in the resolution. McCarty moved, Shaw seconded adopting RESOLUTION NO. 96-104, "A Resolution Electing to Continue Participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for Calendar Year 1997." Motion passed 5/0. 9. CONSIDERA TION OF A MOTION APPROVING AN AGREEMENT FOR THE GROOMING OF FREEMAN PARK AND THE LRT TRAIL Councilmember Stover noted the agreement calls for grooming of the LRT between the city limits of Victoria and the city limits of Excelsior which includes Tonka Bay. Hurm suggested changing the language to read "within the city limits of Shorewood." Mayor Bean clarified the agreement should provide for the grooming of the LRT trail within the city limits of Shorewood as well as the grooming of the Freeman Park cross country trails. Councilmember McCarty expressed concern with respect to keeping snowmobiles off of the trails in Freeman Park if they are groomed and suggested the Freeman Park trail not be groomed. Hurm noted the recommendation of the Snowmobile Task Force was to groom the trail. Snowmobile Task Force Member Arnst was present and stated the Task Force had proposed grading the trail using city equipment in a manner similar to a sidewalk to allow for comfortable walking. Task Force Member Turgeon agreed the recommendation was based on using equipment from the Public Works Department. Hurm suggested speaking with members of the Task Force and bringing this issue back to the Council for their consideration. Councilmember Stover noted grooming for pedestrians and grooming for snowmobiles is in direct conflict. Mayor Bean inquired if the trail should be groomed for cross country skiers. Councilmembers McCarty and Stover did not feel this would be necessary. Mayor Bean suggested plowing the trail. Councilmember Benson did not feel the City had the equipment to accomplish this. City Engineer Brown confirmed this. Councilmember Benson commented the trail would need to be groomed either for walkers or cross country skiers and that a combination of the two would not be possible. Mayor Bean stated his understanding there will be no grooming in Freeman Park, signage will be used and the LRT will be brought to a flat surface. He suggested Hurm inquire of Southwest Trails to ascertain whether these requirements can be met. Councilmember Stover questioned the provision that Southwest Trails Association is the only groomer of trails within the Shorewood city limits. She inquired if Public Works could groom a trail flat, would this agreement preclude Public Works from doing that. Mayor Bean suggested adding "the only groomer other than Public Works." . . . ,. REGULAR CITY COUNCIL MINUTES NOVEMBER 12, 1996 - PAGE 8 Mayor Bean noted Administrator Hurm will obtain input from Southwest Trails with respect to whether they can meet these expectations. This information will then be brought back before the Council for consideration. Councilmember Stover requested a change be included to reflect "flat" rather than "bumpy." 10. ADMINISTRATOR & STAFF REPORTS City Engineer Brown reported a delay in filling the Minnewashta water tower due to completion of the installation of pressure reducing valves. He explained 15 homes have either declined or neglected installation of the valves. Brown explained letters have been sent and telephone calls have been made. The City is continuing to pursue options, the next being for staff to go door to door as well as using certified mail. Councilmembers Stover and McCarty noted some residents who have installed the valves are experiencing reduced pressure due to the fact the tower has not been filled. Brown explained the delay is to ensure every step is taken to avoid damage to homes. He stated he anticipates once the tower is on line, a letter will be sent out. If pressure problems persist, the City will go out and adjust the valves. The City has adjusted valves where the pressure was severely reduced. With respect to the Senior Center, the contractor has been proceeding very slowly. The contractor will be placing rock base in the parking area and may perhaps use temporary pavement at the canopy area for safe passage from vehicles to the entrance of the building. Also work will be completed to make the area more presentable. Mayor Bean asked about the cost of the blacktop and Brown stated this should be the expense of the contractor for his failure to perform. Hurm noted there is a benefit in that there will be more rock base, however, there will be gravel rather than asphalt until approximately May. 11. MAYOR & CITY COUNCIL REPORTS Mayor Bean discussed potential meeting dates with the Council. (Councilmember McCarty left the meeting at 10:34 p.m.) It was agreed to hold a Work Study Session on Monday, November 18, 1996, at 7:30 p.m. In addition, the regular City Council meeting will be held on Monday, November 25, 1996, at 7:30 p.m. A public hearing with respect to snowmobile use was scheduled for Tuesday, November 26, 1996, at 7:30 p.m. Possibly an alternate location will be selected. 12. ADJOURNMENT Shaw moved, Benson seconded to adjourn the meeting at 10:44 p.m. subject to the approval of claims. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: ) /1 C~'~ _/" c c c " C"" /,' ..~;tL~1-31' utt_~ ROBERT B. BEAN, MAYOR JAMES