012599 CC Reg Min•
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CITY OF SHOREWOOD
CITY COUNCIL MEETING
MONDAY, JANUARY 25, 1999
MINUTES
1. CONVENE CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:00 P.M.
Mayor Love called the meeting to order at 7:02 p.m.
A. Roll Call
Present: Mayor Love; Councilmembers Garfunkel, Lizee and Zerby; Administrator Jim
Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; Finance Director
Al Rolek; and Engineer Larry Brown.
Absent: Council Member Stover
B . Review Agenda
Mayor Love read the Agenda for January 25, 1999. The agenda was accepted as amended: Mayor
Love requested item 3B be changed to read: "A Motion Authorizing the Mayor to Negotiate and
Execute an Agreement with Tom Allen for Performance Evaluation Services."
2. APPROVAL OF MINUTES
A . City Council Special Meeting Minutes - January 7, 1999
Lizee moved, Zerby seconded to approve the City Council Special Meeting
Minutes of January 7, 1999, as presented. Motion passed 4/0.
B . City Council Executive Session Meeting Minutes - January 7, 1999
Garfunkel moved, Lizee seconded to approve the City Council Executive Session
Meeting Minutes of January 7, 1999, as presented. Motion passed 4/0.
C . City Council Regular Meeting Minutes - January 11, 1999
Lizee moved, Garfunkel seconded to approve the City Council Regular Meeting
Minutes of January 11, 1999 as amended: Page 4, paragraph 5, change "ant" to
"and"; Page 4, change Motion to read: Motion failed by ruling of the chair 2/0.
(Garfunkel & Love in favor; Lizee, Stover & Zerby abstained). Motion passed
4/0.
D . City Council Executive Session Minutes - January 11, 1999
Lizee moved, Garfunkel seconded to approve the City Council Executive Session
Minutes of January 11, 1999 as presented. Motion passed 4/0.
3. CONSENT AGENDA
Garfunkel moved, Zerby seconded approving the Motions contained on the Consent Agenda as
amended, and Adopting the Resolutions therein:
CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 25, 1999 - PAGE 2
. A. A Motion Adopting RESOLUTION # 99-004 "Making Appointments
on the Park and Planning Commissions."
B . A Motion Authorizing the Mayor to Negotiate and Execute an
Agreement with Tom Allen for Performance Evaluation Services.
C. A Motion Adopting RESOLUTION # 98-349 "Amending Chapter 202
- Park Commission."
D . A Motion Adopting RESOLUTION # 99-005 "Favoring Continuation
of Funding for Senior Programs."
Motion passed 4/0.
4. MATTERS FROM THE FLOOR
There were none at this time.
5. PARKS - Report by Representative
Commissioner Arnst reported on the January 13, 1999 Park Commission meeting as reported in
the minutes. She outlined the trail planning process. Commissioner Arnst requested some
direction on the request from the City Council that the Park Commission review the implementation
of the Snowmobile Task Force recommendations.
• 6. PLANNING - Report by Representative
Commissioner Anderson reported on the January 19, 1999 Planning Commission meeting as
reported in the minutes. Commissioner Anderson also thanked the City Councilmembers who
were present for at that meeting.
A Motion Approving a Conditional Use Permit
Applicant: Bradley Bloss
Location: 5170 Howards Point Road
Planning Commissioner Nielsen then presented information regarding the Conditional Use Permit
for Mr. Bradley Bloss, 5170 Howard's Point Road. Staff and Planning Commission recommend
approval of the request.
Mr. Bloss presented photos of the property for Councilmembers to examine.
Lizee moved, Zerby seconded Approving RESOLUTION # 99-006 "Approving a
Conditional Use Permit for Bradley Bloss at 5107 Howard's Point Road."
Motion passed 4/0.
7. CONSIDERATION OF A MOTION APPROVING CONCEPT OF
IMPROVEMENTS AT COUNTY ROAD 19/SMITHTOWN ROAD
INTERSECTION
Engineer Brown reported on the project, which is being considered in cooperation with Hennepin
• County. Mr. Chuck Rickart of WSB & Associates summarized the report presented to the City
Council, and highlighted the results of the study done.
CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 25, 1999 - PAGE 3
• Mr. Rickart reviewed the different plans that were presented to the Planning Commission and
stated the pros and cons of each, as well as the cost of each. In conclusion, Mr. Rickart explained
how Alternative #3, which was recommended by the Planning Commission, would improve the
safety and operation of this intersection.
Engineer Brown pointed out that the County is strongly in favor of Alternative #3, and will provide
additional funding for this alternative. He requested direction from the Council on proceeding with
the project.
Mayor Love stated he is strongly in favor of Alternative #3.
Councilmember Lizee questioned whether there is a time limit on spending MSA funds
Engineer Brown answered that a plan on how Shorewood plans to reduce the current fund balance
has been requested by the State, but a firm date to "use or lose" these funds has not been devised.
Councilmember Lizee asked if emergency vehicle signals are included in the costing on Alternative
#3. Engineer Brown confirmed they will be included.
Councilmember Zerby questioned Tonka Bay's reaction to the plans.
Engineer Brown replied following review by the City Council, a presentation will be made before
the Tonka Bay City Council.
Bob Gagne, 24850 Amlee Road, stated he has had some feeling that Tonka Bay may not support
these changes wholly, as they may then lose their liquor store.
• Roy Swenson, 24745 Amlee Road, asked if consideration was iv
garage across the street from Glenn Road, and this may cause problems the fact that there a bus
changed. Engineer Brown replied that Alternative #3 keeps the trraffic intersection
queue lower in front of
Glenn Road.
Planning Commissioner Anderson pointed out the amount of cut through traffic on Country Club
Road enroute to Highway 41. He felt additional study should be done regarding this.
Mayor Love stated that action will not be taken without first having open house or public hearings.
Mr. Rickart presented a timeline, prepared by WSB & Associates, that offers a proposed
timeframe, dependent on a start date.
Administrator Hurm offered a tentative date of Thursday, February 25, 1999 from 4:30 p.m. to
7:00 pm for an open house.
Mayor Love would like to have the open house announced in the newsletter.
It was decided that in two weeks, a shortened presentation would be given for public information.
Lizee moved, Garfunkel seconded, a Motion Approving Concept of Improvements
at County Road 19/Smithtown Road Intersection. Motion passed 4/0.
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CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 25, 1999 - PAGE 4
• 8. DISCUSSION WITH POLICE CHIEF ON CONTRIBUTION FOR
PURCHASE OF SNOWMOBILE
Police Chief Bryan Litsey reported on the need for a second snowmobile for safety purposes. He
stated the intent of the proposal is primarily officer safety. Chief Litsey reiterated that the request
does not reflect any decisions regarding snowmobiling in Shorewood in general, but only
addresses the safety issue.
Councilmember Lizee wondered if a better deal could be gotten on a snowmobile if bought at the
end of the season. Chief Litsey confirmed that, but reiterated that officer safety is still the main
concern and stated he would like to address this as soon as possible.
Chief Litsey stated Excelsior has committed to the additional funding request contingent upon the
other cities commitments.
Mayor Love stated that many citizens of Shorewood do not believe there is enough enforcement.
He asked if the second snowmobile would provide the means for additional enforcement.
Chief Litsey replied to a small extent this may be possible, however the primary reason for the
second sled is safety of the officer.
Mayor Love raised additional concerns about enforcement, and stated that this issue needs to be
discussed at length. He supported the request for additional funds for the second snowmobile.
Councilmember Garfunkel also stated that this is not about the future of snowmobiling in
• Shorewood, but a completely separate issue of officer safety.
Councilmember Lizee requested an update on snowmobile enforcement and number of violations.
Chief Litsey agreed to provide this information in the future.
Mayor Love requested an update on number of calls received regarding enforcement issues.
Garfunkel moved, Lizee seconded, a Motion to Approve a $500.00 Contribution
to the Police Department for Purchase of a Snowmobile. Motion passed 3/1
(Lizee opposed).
9. CONSIDERATION OF A MOTION TO APPROVE AN AGREEMENT FOR
LEGAL SERVICES
Administrator Hurm pointed out the addition of new language in the agreement.
Mayor Love stated that the agreement will be addressed again in 3 months, and modified if needed.
Lizee moved, Zerby seconded, a Motion to Approve an Agreement for Legal
Services with Larkin, Hoffman, Daly and Lindgren. Motion passed 4/0.
10. ADMINISTRATOR AND STAFF REPORTS
A. Staff Report on Development Monitoring
Planning Director Nielsen stated there is very little happening with developments this time of year.
40
CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 25, 1999 - PAGE 5
Engineer Brown reported on a leak in a watermain discovered last week, and the complicated
• process involved to correct it. He reported there were NSP problems recently, and citizens were
very understanding in the loss of service. Operations were resumed in a couple of hours.
B . Report on Message Left on the Shoreline
Administrator Hurm reported on snowmobiling calls on the Shoreline, dealing with enforcement,
and speed in particular. City Council February 8 meeting agenda changes were also discussed, as
the meeting is quite full. It was decided that the discussion on the Metropolitan Council will be
moved to February 22, 1999.
C . Planner's Report Regarding Property on Suburban Drive
Planning Director Nielsen reported on the lot on Suburban Drive designated wetland. The owner
has donated the land to the City.
D . Planner's Report on Tax Forfeit Property
Planning Director Nielsen reported on the site of Lake South Automotive Shop, 25575 Smithtown
Road. The owner has indicated to the County his desire to reclaim the property, which will also
include the cleanup of the property. Staff will continue to monitor the situation and report any
changes in status to the Council.
E . Attorney's Report on Agreement for Land Appraisal Services
Attorney Keane reported on the Lundgren Brothers' special assessment appeal. A tentative trial
• date is set for early March. Attorney Keane briefly outlined the status of the Minnesota Land Trust
acquisition of property on Eureka Road.
11. MAYOR AND CITY COUNCIL REPORTS
A . Consider a Request to Plow the Southshore Center Lot
Nielsen reported that Staff recommends plowing this lot at the same time as the City lots
Councilmember Garfunkel questioned why plowing this lot is the responsibility of the City.
Nielsen replied that it is not technically a responsibility of the City, but the City has in the past
taken the responsibility on itself simply because this help is needed.
Bob Gagne reported on the assistance the City has offered in the past, and the current situation of
the Center. He requested assistance from Shorewood simply because assistance is needed.
Mayor Love requested that the amount of time spent in plowing this lot be tracked.
Zerby moved, Lizee seconded, to direct staff to plow the parking lot at the
Southshore Center at the same time that the City lots are cleared. Motion passed
4/0.
B . Consider Establishing Priorities for the City in 1999
Administrator Hurm reported on the draft listing of priorities for the City in 1999. The top three
priorities include: 1) trail planning process; 2) improve paramedic response times; and 3) land
• conservation and implementation.
CITY COUNCIL REGULAR MEETING MINUTES
JANUARY 25, 1999 - PAGE 6
• Councilmember Garfunkel pointed out that #1 is already being done. The City Council supports
the trail planning process, and the Parks Commission is implementing the process.
Councilmember Lizee stated that many of the issues listed can be combined.
There was a consensus that the list accurately represents the position of the City Council.
Councilmember Zerby requested that the quarterly report be more narrative in nature.
Councilmember Garfunkel requested that a copy of Robert's Rules of Order be made available.
Mayor Love suggested that each Councilmember get a copy.
Attorney Keane then provided some explanation with regard to the motion and vote in question,
however, no firm answer was found. Differing opinions were found on this issue.
Mayor Love requested an abbreviated sheet of Robert's Rules be provided to refer to during
meetings.
Councilmember Lizee pointed out that the City of Shorewood has not formally adopted Robert's
Rules of Order.
Mayor Love concluded that the Chair erred on that motion, and to resolve the situation, had spoken
to Attorney Keane, and asked that the Attorney provide advise on parliamentary rules in the future.
12. ADJOURNMENT
40 Garfunkel moved, Lizee seconded to adjourn subject to approval of claims. The
meeting was adjourned at 9:45 p.m. Motion passed 4/0.
RESPECTFULLY SUBMITTED,
Kristine Kitzman, Recording Secretary
TimeSaver Off -Site Secretarial, Inc.
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JANPS C. HURM,
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WOODY LOVE MAYOR
CITY ADMINISTRATOR