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022497 CC Reg Min . . . , ~ .' CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 24, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:32 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers McCarty, O'Neill and Garfunkel; City Attorney John Dean; City Administrator James Hurm; Planning Director Brad Nielsen; Engineer Larry Brown Absent: Councilmember Stover B. Review Agenda The agenda was accepted as presented for February 24, 1997. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes February 10, 1997 The City Council Regular Meeting Minutes for February 10, 1997, were approved as amended: Page 2, correction of Dwayne Laurel's name to Dwayne Laurila; Page 3, last sentence to read "would oppose a hard liquor license" replacing "favor a license restricted to beer and wine;" Page 5, B. insert the name of the development, Watten Ponds; Page 6, second sentence change the word "ban" to "band" . B . City Council Work Session Minutes February 11, 1997 The City Council Work Session Minutes February 11, 1997, were approved as amended: Page 1, top should be dated Tuesday, not Monday; Page 2, Paragraph 4 should refer to DNR, not Watershed District and SO feet instead of 35 feet; Page 3, Paragraph 5, the last sentence after the word "although" should read, "it would be difficult to support this;" Page 4, A., Paragraph 4, delete last five words. 3. MATTERS FROM THE FLOOR There were none. 4. PLANNING. Report by Representative Commissioner Turgeon reported on the matters considered and actions taken at the February 11, 1997, meeting of the Planning Commission (as detailed in the minutes of that meeting). . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 24, 1997 - PAGE 2 A. Motion to Adopt A Resolution Regarding a Simple Subdivision Applicant: Dale Tondryk Location: 4990 Suburban Drive Mayor Dahlberg indicated that the subdivision application for two lots is totally compatible with the existing zoning of the property. Commissioner Turgeon noted the Planning Commission's recommendation for approval, subject to eight conditions. To date, the applicant has complied with the requested conditions. The applicant will submit a petition for assessment on the trunk water charge, rather than pay a $5,000 fee at this time. Should City policy change regarding trunk water line assessments, the Tondryks would request that this charge be abated. Councilmember Garfunkel asked when it is projected that water would be extended to their property. Nielsen stated that extension of the water line is not planned in the near future. O'Neill moved, McCarty seconded adoption of RESOLUTION NO. 97-11, "A Resolution Approving Subdivision of Real Property for Dale and Elizabeth Tondryk." Motion passed 4/0. 5. PRESENTATION BY INGRID SCHAFF AND CONSIDERATION BY COUNCIL OF A REQUEST REGARDING MULTI-USES ON THE LIGHT RAIL TRAIL Ms. Schaff expressed serious concern about the safety of snowmobiles being allowed with pedestrians on the Light Rail Trail (LRT). When a police officer is present, snowmobile speeds decrease giving an illusion of safety. To keep officers on the trail is a financial burden on the City and offers questionable returns. According to a letter from former Mayor Bean, dated November 21, 1996, the City has a zero tolerance policy. Letters sent to snowmobilers, along with an article in the winter newsletter and a press release from Police Chief Young indicate that rules are rigorously enforced and infractions cannot be tolerated. From November 21, 1996 to February 16, 1997, 93 tickets were issued, 33 verbal warnings and 30 arrests made. The Snowmobile Activity Report indicates a group of five snowmobiles traveling 49 mph were stopped and given a verbal warning because the violator could not be determined. All of the vehicles were 29 mph over the speed limit. She questioned why verbal warnings are given instead of tickets in this instance and several others where there was a clear violation of regulations. Councilmember O'Neill requested that information be obtained from Chief Young, as he shares Ms. Schaffs concerns that verbal and written warnings are not a policy of zero tolerance. Ms. Schaff further noted that the LRT has lost grant in aid funding because of the mixed use allowed with pedestrians and motorized vehicles. Ms. Schaff noted that the implementation program resulting from the City's task force on this issue is not being followed. Reports and officers' logs are not complete and available for review. In addition, tickets and warnings are entered into the computer as a car violation making accurate records of snowmobile violations impossible. Chief Young has indicated that this practice will be changed, and an attempt will be made to produce an accurate report by the end of the season. However, the same thing happened last year. Considering the money the City spent on the task force to develop an implementation plan, accurate and timely reports should be available. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 24, 1997 - PAGE 3 . Ms. Schaff reported that outside agencies are ready to help and can be incorporated into e~fo:ceme~t e~forts. The C~ty h~ only to writ~ a letter to the Hennepin Coun~y Rang~rs, and they WIll Issue cItatIOns on any vIolatIOn on the TraIl. The DNR can also help and IS authonzed to issue tickets for trespassing or DUrs. All the City has to do is advise the DNR of the City's ordinances, and DNR officers will hold violators until a police officer comes to issue a citation. Ms. Schaff expressed her concern that there is no accountability in record keeping. She feels there is a police attitude that is a barrier to information. She would like to see records of radar checks and violators identified. She feels that if residents are believed to whine too much, their name is written down and they are unfairly singled out. People are tired of making complaints because they do not see any change. She encouraged Councilmembers to review the verbatim reports included in the task force survey. Chief Young has indicated that there is a significant officer safety issue working with snowmobile violators who have been drinking and are in remote areas. The same applies to pedestrians when there is no officer present for protection. Based on the current enforcement record, the LRT is a danger for both snowmobilers and pedestrians. The task force did a good job, but snowmobiles should not be on the same trail as pedestrians. She requested that this issue be sent back to the Park Commission for review. Councilmember O'Neill noted that if snowmobiles are banned from the trail, there will be more problems when they are mixed with car traffic. Councilmember McCarty agreed that it is dangerous to walk on the trail, and the task force recommended a side trail of the plowed ridge for snowmobiles. She agreed with the task force and stated that if the county will not allow horses, snowmobiles should not be allowed. There are 6,000 residents in Shorewood at risk for 240 snowmobilers. She would like the Park Commission to review the issue again and for a solution to be implemented before next season. . Mr. Woody Love stated that he has lived on the trail for over 20 years. The problems are ongoing and include vandalizing property, trespassing, and increasing snowmobile speeds of 50 and 60 mph. He noted that there will be an increase of use of the trail if it is connected to the Excelsior trail where snowmobiles are not allowed. He agreed with a Park Commission review. In five years he believes there will not be snowmobiles on the trail but does not want to wait for a tragedy to happen before those measures are taken. Mr. Bill Colopoulos, Chair of the Park Commission and Co-Chair of the Snowmobile Task Force, stated that the Park Commission will begin a review at the next meeting. Part of that review will be to ask Chief Young to address Ms. Schaffs questions. He believes that with 61 speeding tickets issued and 4 Dill's, there is more than enough data on which to act. It would be irresponsible to not take action. Snowmobiling is an optional recreation as opposed to car traffic. The trail should be further studied and the argument taken out of the hands of the Police Chief who feels the department cannot adequately enforce trail regulations. 6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF TAX FORFEIT PROPERTY Nielsen noted that a small strip of land on Lake William in the northeast part of town was forfeited to Hennepin County for unpaid taxes, and the County has turned it over to the City. The parcel is a good size, but most of it is under water and too narrow for recreational uses. It would be usable for road right-of-way and snow plowing maintenance purposes. McCarty moved, O'Neill seconded adoption of RESOLUTION NO. 97-12, "Application for Conveyance of Tax-Forfeit Lands for Public Purposes." Motion passed 4/0. . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 24, 1997 - PAGE 4 . 7. CONSIDERATION OF MOTIONS REGARDING T.H. 7/CHRISTMAS LAKE ROAD A. Motion to Adopt a Resolution Approving the Plans, Specifications and Estimates T .H. 7/Christmas Lake Road Brown explained that City approval is required for the plans and specifications for the intersection signals at T .H. 7 and Christmas Lake Road. Mayor Dahlberg asked the amount that will be funded by the City for this project. Brown responded that the project is 80 percent funded by federal money. The remainder is 50 percent funded by the state, leaving a contribution from the City in the amount of $8,370. The City plans to use Minnesota State Aid dollars for this project, not taxpayer dollars. Residents have requested that if the City gains funds from the transfer of title of the right-of-way from MnlDOT to the City, that money be used for additional landscaping. Mr. Brown recommended amending the resolution to include that condition. Mayor Dahlberg indicated that issue can be addressed without amending the resolution. McCarty moved, Garfunkel seconded RESOLUTION NO. 97-13. "Approving Plans, Specifications and Estimate for State Trunk Highway 7 and Christmas Lake Road." The motion passed 4/0. B. A Motion to Adopt a Resolution Authorizing Execution of a Cooperative Signal Agreement for Signals at T .H. 7/Christmas Lake Road . Brown stated that the Cooperative Agreement with MnIDOT indicates the City's responsibility for painting and maintenance of the signals. Councilmember O'Neill asked if there is any risk to the City should there be a disagreement on the need for maintenance. Nielsen explained that MnlDOT does not question maintenance expenses because they want the City to handle it and not have to do the work themselves. McCarty moved, Garfunkel seconded a motion to adopt RESOLUTION NO. 97- 14. "Authorizing Execution of a Cooperative Signal Agreement for Signals at T .H. 7/Christmas Lake Road." The motion passed 4/0. 8. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING AN APPOINTMENT - REPRESENTATIVE TO THE LAKE MINNETONKA CONSERVATION DISTRICT Mayor Dahlberg recommended that this item be tabled until the next meeting. O'Neill moved, McCarty seconded a motion to postpone item No. 8 to the next regular Council meeting on March 10, 1997, and invite Mr. Rascop to attend. The motion passed 4/0. . 9. CONSIDERATION OF A MOTION TO ESTABLISH A DATE FOR SPRING CLEAN-UP . . . CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 24, 1997 - PAGE 5 Garfunkel moved, McCarty seconded a motion to establish Saturday, May 17, 1997, as Spring Clean-Up Day in Shorewood. The motion passed 4/0. 10. ADMINISTRATION AND STAFF REPORTS Nielsen reported efforts to save trees during the demolition of buildings at the Watten Ponds project. The open area will be used for parking. Mayor Dahlberg noted a request from the Mound Fire Department for City participation in the purchase of a special camera that indicates hot spots in a fire. The Mound Fire Department serves island residents. Hurm noted that the cost of the camera is approximately $25,000. This camera is valuable in locating hot spots, persons in a burning structure and providing night vision. Spring Park has started raising funds for the purchase and has requested a contribution from Shorewood. It was the consensus of the Council to support a pro-rata contribution toward the purchase of the camera at the appropriate time. Hurm announced that the annual Metropolitan Council Pre-Budget Breakfast Meeting will take place at Eden Prairie Center, Tuesday, March 4, 1997, at 7:45 a.m. The same meeting will also be held in Crystal and Cottage Grove on March 6 and 12, respectively. He encouraged Councilmembers to attend. 11. MAYOR AND CITY COUNCIL REPORTS Councilmember O'Neill requested that the Finance Department provide an itemization of check expenditures at the time the listing of checks need to be signed. Mayor Dahlberg reported a meeting with the Mayor of Excelsior. Many issues were discussed, including land use, NURP ponds, watershed district, Comprehensive Plan and Metropolitan Council housing requirements. He noted that regional ponding will be a priority issue for the City of Shorewood. Councilmember O'Neill suggested cooperative efforts between the two Cities to take advantage of lower costs to both where possible, as there is a good communication between the two Councils. Hurm noted that the per ride subsidy for the Dial-A-Ride system is quite high. He stated that he will contact the MTC to negotiate more service for Shorewood and also seek cooperation from the Southwest Metro System. . . . .. " CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 24, 1997 - PAGE 6 12. ADJOURNMENT McCarty moved, Garfunkel seconded a motion to adjourn the meeting at 9: 00 p.m. to an executive session, subject to the approval of claims. The motion passed 4/0. City Attorney Dean explained that the executive session is to discuss a settlement offer in the litigation of Baker v. City of Shorewood. RESPECTFULLY SUBMITTED. Deanne Gueblaoui Recording Secretary TimeSaver Off Site Secretarial ATTEST: u;;: f)fi/l TOM DAHLBERG, YOR ( JA S C. HURM, CITY ADMINISTRATOR