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031097 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MARCH 10, 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 7:33 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown. Absent: Councilmember Stover. B. Review Agenda It was noted Agenda Item No.6 has been postponed. The agenda was accepted as presented for March 10, 1997. 2 . APPROVAL OF MINUTES A. City Council Work Session Minutes - February 19, 1997 The City Council Work Session Minutes for February 19, 1997, were approved as submitted. B. City Council Work Session Minutes - February 20, 1997 The City Council Work Session Minutes for February 20, 1997, were approved as submitted. C. City Council Regular Meeting Minutes - February 24, 1997 The City Council Regular Meeting Minutes for February 24, 1997, were approved as amended on Page 3, Paragraph 4, Sentence 1, change "opposed" to "recommended;" Page 5, Item 11, Paragraph 1, change "checks" to "the list of checks." D. City Council Executive Session Minutes - February 24, 1997 The City Council Executive Session Minutes for February 24, 1997, were approved as submitted. 3. CONSENT AGENDA Mayor Dahlberg read the Consent Agenda for March 10, 1997. Garfunkel moved, McCarty seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 10, 1997 - PAGE 2 A. A Motion to Adopt a Job Description for a Communications Technician and Authorizing the Hiring of Connie Bastyr as Part-time Person for this Position B . A Motion to Approve an Extension for the Filing of the Final Plat of Smithtown Woods Applicant: Location: Clint Carlson 25895/25865 Smithtown Road C. A Motion Adopting RESOLUTION NO. 97-15, "A Resolution Approving a Conditional Use Permit for an Accessory Space Over 1,200 Square Feet" Applicant: Location: Mitch Jones 24245 Wood Drive D. A Motion Adopting RESOLUTION NO. 97-16, "A Resolution Making an Appointment of Bob Rascop as Shorewood's Representative to the Lake Minnetonka Conservation District" Motion passed 4/0. 4. MATTERS FROM THE FLOOR Ed Bergslien, 24785 Smithtown Road, inquired as to the anticipated opening of the Senior Center. Administrator Hurm explained the concrete and asphalt work remains to be completed. He felt it would be late Mayor the fIrst of June when the facility would be completed. Engineer Brown commented in fairness to the contractor, that will be dependent on weather conditions. Provided there is good weather, the contractor is subject to substantial penalties if the dates are not met. 5 . PARKS - Report by Representative A. Report on February 25, 1997, Park Commission Meeting. In the absence of Commissioner Sandy Trettel, Councilmember McCarty reported on the matters considered and actions taken at the February 25, 1997, meeting ofthe Park Commission (as detailed in the minutes of that meeting). B . A Motion Authorizing the Park Commission to Accept Proposals for Concessions in Freeman Park Mayor Dahlberg was pleased with the requirement of a business plan which will include a market study. McCarty moved, Garfunkel seconded authorizing the Park Commission to accept proposals for Concessions in Freeman Park. Motion passed 4/0. CITY COUNCIL REGULAR MEETING MINUTES MARCH 10, 1997 - PAGE 3 6. PLANNING - Report by Representative . In the absence of Chair Pisula, Planning Director Nielsen reported on the matters considered and actions taken at the March 4, 1997, meeting of the Planning Commission (as detailed in the minutes of that meeting). A Motion to Adopt a Resolution Approving the Final Plan for Water's Edge P.U.D. Applicant: Location: William Blegens 20295 Manor Road This agenda item was postponed. 7. PRESENTATION BY SOUTH TONKA SNOWMOBILE CLUB - DANA GEORGE AND ERIC JACOBSON, REGARDING MULTI-USE OF THE LRT TRAIL . Eric Jacobson, President of the South Tonka Snowmobile Club, appeared to address the Council. He explained the club has worked with the City in previous years with respect to signage on the trail. He noted when the trail was taken out of grant-in-aide, those signs were removed and replaced with City signs. Mr. Jacobson explained snowmobilers are aware of the grant-in-aide requirements relative to speed and trail access. In addition, he explained the club groomed and maintained the trails through Southwest Trails of which the Tonka Snowmobile Club is a member. He noted the groomed trails were available for use by everyone. Mr. Jacobson explained the Snow Patrol is a presence on the LRT, maintaining control, passing on information and keeping people aware of the residential area. He further explained the trail is utilized as a means to arrive at a destination. With respect to land owner complaints, Mr. Jacobson commented the club has worked with Shorewood through the Snow Patrol, the Greenwood area and Tonka Bay relative to snowmobile trespass. Signs and hay bales were placed as a remedy to this problem. Mr. Jacobson noted the key issue relative to the trail concerns safety. He was in favor of a split trail which would separate pedestrians and snowmobilers. He feels the Shorewood portion of the trail is the safest 2.5 miles of trail in the State given the speed limits on the trail and the level of enforcement. Mr. Jacobson noted there is an excellent safety record on the trail at this point. Mr. Jacobson felt better signage is necessary on the trail. He noted the speed limit on the trail system in Victoria to be 50 mph and when entering the Shorewood portion of the trail, the speed limit drops to 20 mph which is poorly marked. He felt this creates a speed trap situation. Mr. Jacobson felt additional signs relative to speed limits and curfew limitations are necessary due to nonresidents who utilize the trail and are unfamiliar with local codes. He stated he is also in favor of an enforced curfew. Mr. Jacobson suggested the Task Force members hold an annual review of the activity on the trail. He explained the large majority of snowmobile related accidents are with automobiles and he felt it would be safer to keep snowmobiles on the trail which is controlled with slow speeds and limits interference with roads and other wheeled vehicles. . Mr. Jacobson thanked the Council for the continued multi-use of the trail and expressed his wish that this type of use continue. . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 10, 1997 - PAGE 4 With respect to enforcement, he felt curfew and speed limit to be the major issues. The club would be in favor of more obvious signage as well as a split trail system. Mr. Jacobson remarked there are programs available with which to build a split trail. He felt two trails could be accommodated with very few problems. Councilmember O'Neill asked if this would affect the buffer area which is presently existing. Mr. Jacobson felt this would be dependent on the separation between the two trails. Intersection areas would typically funnel down to provide snowmobiles with the same grade as the road. In addition, pedestrians will need the visibility. Dana George, 25295 Smithtown Road, addressed the Council and explained he was a member of the Snowmobile Task Force. He noted recommendations had been made to the Council and among them was the recommendation to allow snowmobiling to remain in Shorewood. He noted another recommendation was for a split trail. Mr. George noted a 33 percent return on the survey which had been conducted. The west side of the city was in favor of continued multi-use. The east side of the city stated they do not utilize the trail in the wintertime. Mr. George stated he uses the trail for many different uses and felt all facets of recreation should remain in Shorewood. He felt it was evident from the survey the residents of Shorewood want to retain a multi-use trail. Mr. George also stated the trail is used by snowmobilers as a route to leave the city for other destinations. He felt consideration should be given to the creation of a side trail system. Mr. George remarked there are a number of statistics from the police department. He noted 99 household complaints were received. Forty-three of the complaints were from four households. The actual 911 report shows 74 percent of the calls were from those households. Mayor Dahlberg inquired when the Snowmobile Task Force was in session. Former Snowmobile Task Force Co-chair Kolstad explained the Task Force was in existence from September 1995 to June 1996 with a report submitted to the Council in July 1996. Councilmember O'Neill inquired whether investigation had been made into possible funding which would be available for a side trail and if any designs have been considered. Ms. Kolstad explained there had been no actual study as to what the cost might be in creating a side trail. Mr. Jacobson again pointed out there are resources and federal funds available to assist with this type of project. Mr. George stated the South Tonka Snowmobile Club would be more than willing to investigate this possibility. He felt the sport to be safer than it has been in the past given the number of miles of trails in Minnesota versus the number of miles traveled by snowmobilers. He asked the Council to consider this matter without emotion, but rather consider the preference of the community. He suggested once statistics for the season are fmalized that this matter be addressed in an open and objective fashion. Mayor Dahlberg noted his understanding from reviewing the Snowmobile Task Force report that noise and property damage were not regarded as substantial problems, however, everyone agreed safety was the major concern. Ms. Kolstad stated based on the evaluation of the data available to the Task Force, it was not felt noise was a major concern. With respect to property damage complaints for 12 months prior, only one was caused by a snowmobiler and was not a true property damage issue. . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 10, 1997 . PAGE 5 Woody Love, 5460 Teal Circle, clarified that on many points along the trail, there is a 50-foot easement. He clarified the Minneapolis Park Board originated the tandem trail idea. He explained the basis upon which that type of trail system was created. Mr. Love noted there are no motorized portions of the tandem trail system in Minneapolis. With this trail system, there is an increased hard surface resulting in erosion problems, soil compaction and water quality degradation. He commented with the expanded trails there is an environmental price being paid. Kathy Peterson, 23660 Gillette Curve, stated safety is the important issue to be considered and offered to help in any way possible to make the multi-use of the trail successful. Warren Peterson, 23660 Gillette Curve, commented he moved to a rural area to be able to enjoy the many recreational activities available. He noted he was a member of the Task Force and would like the Task Force to continue. He requested any review which is done by the co-chairs also include the other task force members to allow for their input. He feels most snowmobilers are riding in a slow and safe manner and wants everyone to work to keep the community the way it is. Diane George, 25295 Smithtown Road, felt closing the trail would be a significant step back with respect to safety. She encouraged snowmobile safety classes within the community to create a safety awareness. Dan Puzak, 23830 Smithtown Road, noted he started with city government because of snowmobiling. He felt it was important to patrol and bear the burden of people who share the sport but are violating rules. Work was done with the Park Commission, City Council and the Police Department to accomplish this. Mr. Puzak provided a flyer which is currently being distributed by the Snow Patrol to riders on the trail. Mr. Puzak felt splitting the trail to be the best recommendation. He noted the signs on the trail are not large enough or clear enough. He noted the speed limit numbers are imbedded in a sign containing a paragraph relative to speed. Mr. Puzak commented when the snowmobilers gave up their exclusive right to use the trail in the wintertime, they lost the grant-in-aide funds which were available. He stated the trail is groomed at the expense of the snowmobilers and provides the opportunity for residents to enjoy other activities on the trail. Mr. Puzak expressed his distrust of some members of the city government. He related his understanding a decision has been made declaring Timber Lane is not an access site. Mr. Puzak felt this site to be an appropriate access. Councilmember O'Neill stated the grade and the road were problems with the Timber Lane access. Mr. Puzak stated the grade had been addressed with the moving of snow from Freeman Park to the Timber Lane access and he did not feel this to be an issue. Councilmember O'Neill stated the Planning Commission had been charged with addressing fire lanes as possible access points to the lake and he noted that Timber Lane is not a fire lane. Mr. Puzak felt the issue was being reviewed prematurely and it was his understanding it would be reviewed at the end of the snowmobiling season. Mr. Puzak expressed his belief the trails are safe. He stated there were 32 deaths in 1972 and approximately one-fifth as many trails and fewer snowmobiles. In this year, there were 28 deaths with many more snowmobiles riding substantially more miles. Of these deaths 14 were on the roadway, 11 were on the lakes and 8 were on the trails. CITY COUNCIL REGULAR MEETING MINUTES MARCH 10, 1997 - PAGE 6 . Mayor Dahlberg inquired how many of the deaths were alcohol related and Mr. Puzak noted almost all of them were alcohol related. He offered to provide information on each of the deaths to the Council. Councilmember O'Neill pointed out the Council had decided to address this issue in spring. Lorn Herman, 5645 Eureka Road, stated she lives on the trail and noted noise is a significant problem. In observing the trail, she has witnessed snowmobiles traveling excessive speeds as well as snowmobile acrobatics at high speeds. She did not feel a residential area to be the time or the place for snowmobiling. Ms. Herman inquired whether horses would be allowed on a multi-use trail. She commented on the amount of money the City has spent on this issue and felt the money could have been better used in developing a tandem trail system. Jim Latterner, 25235 Smithtown Road, feels a minority of people are attempting to control the situation. Mr. Latterner stated safety is not an issue relative to the actual machine, but rather the person operating the machine. He stated he would like the Preservation Team to listen to the people and do as the people ask. 8. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION APPROVING THE PROPOSED EQUIPMENT SCHEDULE Mayor Dahlberg clarified there will be discussion within the next month to determine whether the trucks necessary for snow removal should be purchased or whether a leasing program would be more cost effective. Mayor Dahlberg inquired as to the dollar amount being considered in this matter. Engineer Brown . stated without considering trade-ins, the cost would be approximately $70,000 for one truck. McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97-17, "A Resolution Approving a Revised Equipment Schedule." Motion passed 4/0. 9. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION MAKING AMENDMENTS TO THE 1997 BUDGET AND AUTHORIZING THE PURCHASE OF PRODUCTION EQUIPMENT O'Neill moved, Garfunkel seconded adopting RESOLUTION NO. 97-18, "A Resolution Making Amendments to the 1997 Budget and Authorizing the Purchase of Production Equipment." Motion passed 4/0. 10. ADMINISTRATOR & STAFF REPORTS Administrator Hurm stated the third version of the Communication Plan will be presented to the Council for their review. He noted the Council ':Vill need to consider at the beginning of the month what type of open forums they would like to hold in the following month to allow for notice in the monthly newsletter. Attorney Dean stated the setting of a special meeting would require the action of two councilmembers. . . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 10, 1997 - PAGE 7 Staff Report on Development Monitoring Planning Director Nielsen stated a weekly inspection was completed of Watten Ponds and gave an update of the progress on this project. The developer is considering demolishing the existing Watten house. Nielsen did not feel there was anything in the Development Agreement which would prevent this from being accomplished. He noted the terms of the development agreement would apply to this project as well. Councilmember O'Neill stated he would like to see further information relative to the footprint which is being considered as well as tree preservation. Mayor Dahlberg noted his agreement. City Engineer Brown reported on the Shady Island bridge and noted the Watershed District has tabled the plan for the bridge, noting they have identified 144 square yards of wetland impact. It was stated the project will have the opportunity to proceed once the City identifies an area where wetland mitigation can occur. Mayor Dahlberg noted the bridge is being replaced with an almost exact duplication of the existing bridge. He questioned how this would impact the wetlands. Brown explained as part of the requirements of guard rail, there are slopes which need to be softened. As the slopes are softened, some of the fringe areas which are considered wetland are impacted. Mayor Dahlberg stated he would like to know what is required of the design from a legalistic view by the State. He requested Attorney Dean research this matter. Councilmember McCarty cautioned the Council to be careful in altering anything that has gone into the project given the fact the bridge is substandard and OSM did not approve it. Brown pointed out this issue comes down to technicalities with respect to good engineering judgment with regard to a vehicle leaving the roadway and this is not an issue for the State. Many times engineers will prefer to be conservative and in doing so, defer to State standards. Brown noted the Watershed District is encouraging the City to move forward with the Stormwater Management Plan and focus on areas such as Glen Road which would be a trade-off for the impact at the Shady Island bridge. A meeting has been set for March 19th with several board members to discuss key areas in which they would like to cooperate with Shorewood and see developed as wetland mitigation, stormwater management, and NURP ponds. In addition, the Watershed District has listed every city in priority and at this point, Shorewood is listed as the first priority. Brown noted there are various agencies who will have input into the plan for the Shady Island bridge and stated he has delayed meeting with the residents of Shady Island until such time as the review process is completed. Mayor Dahlberg stated he would like to have an opportunity to view the site and obtain resident input. Administrator Hurm stated the Council is scheduled to meet with Senator Oliver and Representatives Sykora and Workman relative to transportation issues. This meeting is scheduled to be held on Friday, March 14, 1997 at 7:00 a.m. 11. MAYOR & CITY COUNCIL REPORTS Councilmember Garfunkel announced the birth of his son on February 27, 1997. Congratulations! CITY COUNCIL REGULAR MEETING MINUTES MARCH 10, 1997 - PAGE 8 . Councilmember O'Neill remarked there is no ordinance regarding adult book stores and felt it would be appropriate to direct staff to investigate this matter. Attorney Dean noted several communities have developed successful ordinances relative to adult use and he felt Shorewood could benefit from the ordinances and the studies which have been completed by these communities. He also explained existing vendors would be subject to any regulations which are established. Councilmember O'Neill suggested meeting once per month with the surrounding mayors in addition to one councilmember from each community. Mayor Dahlberg stated he would investigate this possibility. Councilmember O'Neill stated he would like to see some sort of structure to this. Councilmember O'Neill suggested directing the Park Commission to consider a community activity or city-wide event. He stated he would like to see something put together for the summer of 1998. Councilmember O'Neill suggested the Commission investigate and review what other cities are doing in this regard. Councilmember McCarty noted the Park Commission has been assigned a number of issues to work on and suggested the Park Foundation could possibly take on this project. She further noted the ties the Park Foundation has to community education as well as the various clubs in the community. Mayor Dahlberg was in favor of this idea. Councilmember O'Neill felt it could be at the discretion of the Park Commission to obtain the involvement of the Park Foundation. . Mayor Dahlberg recessed the meeting at 9:33 p.m. and reconvened at 9:37 p.m. Bill Colopoulos, Chair of the Park Commission, addressed the Council and stated the Park Festival was discussed at the last meeting. He noted the Park Festival was held in the spring of 1995. The festival was organized by the Park Foundation at the request of the Park Commission. There was a moderate turn out which he felt was due in part to the weather which was somewhat cold. Chair Colopoulos suggested holding the festival later in the summer to assure warmer weather. He suggested if Freeman Park were to be chosen for the festival, the food could be provided by the concession area which is being established. Chair Colopoulos noted the Park Commission has been unable to locate a volunteer to coordinate this effort. He felt if the concession were on line, a festival of some sort could be held. Mayor Dahlberg suggested the Park Commission determine the feasibility of a festival. Councilmember O'Neill requested the Park Commission further investigate the side trail issue and investigate the possibility of available programs or funding which would be available for the construction of a side trail. Councilmember O'Neill reported he has received a resident inquiry relative to a communication tower which had been proposed. Nielsen noted there have been a number of inquiries relative to the expansion of the personal communication services industry. Most of the inquiries have been interested in utilizing the water tower, however, there was inquiry relative to the public works site for a communication tower. The Planning Commission has recommended that the carriers be accommodated with the two existing water towers as opposed to building free standing communication towers. Mayor Dahlberg reported he met with Planning Commission Chair Pisula relative to neighborhood traditions and how this can be promoted in Shorewood. Mayor Dahlberg also met with representatives of the Christmas Lake Neighborhood Association to discuss their concerns relative to water quality, access and milfoil concerns. . .. . . . CITY COUNCIL REGULAR MEETING MINUTES MARCH 10, 1997 - PAGE 9 Attorney Dean reported the Council will be put on notice that two contractors, Ryan Construction and Perkins, are making claims against the City for matters arising out of contracts with the City. The bases of the claims have been analyzed. The purpose of the Executive Session is to discuss this analysis and make recommendations on how the City should proceed on those matters. Attorney Dean noted there are no pending cases which will be discussed. 12. ADJOURNMENT McCarty moved, O'Neill seconded to adjourn to Executive Session at 9:54 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial ATTEST: JA