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101199 CC Reg Min., CITY OF SHOREWOOD CITY COUNCIL CHAMBERS • CITY COUNCIL MEETING 5755 COUNTRY CLUB ROAD MONDAY, OCTOBER 11,1999 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 p.m. A. Roll Call Present: Mayor Love, Councilmembers Stover, Garfunkel, Lizee, and Zerby; Administrator Hurm; City Attorney Keane; and Director of Public Works Larry Brown. Absent: None B. Review Agenda Mayor Love read the Agenda for October 11, 1999. City Administrator added Item 3E, Liquor Store Operations to the agenda. Garfunkel moved, Zerby seconded a motion to approve the agenda as submitted. Motion passed 5-0. 0 2. APPROVAL OF MINUTES A. City Council Executive Session September 13,1999 Stover moved, Garfunkel seconded approving the City Council Executive Session Meeting Minutes of September 13,1999 as written. Motion passed 5-0. B. City Council Work Session Meeting Minutes September 27,1999 Zerby moved, Stover seconded approving the City Council Work Session Meeting Minutes of September 27,1999 as written. Motion passed 5-0. C. City Council Regular Meeting Minutes September 27,1999 Zerby moved, Stover seconded approving the City Council Regular Meeting Minutes of September 27,1999 as amended: Page 3, sixth paragraph: Councihnember Zerby stated we are continuing to move forward on the trail planning process; Page b, eleventh paragraph, second sentence: He stated he was not in favor of negotiating. Motion passed 5-0. D. City Council Work Session Minutes October 4,1999 Lizee moved, Stover seconded approving the City Council Work Session Meeting Minutes of October 4,1999 as amended: Page 2, Robin Dodson comments, second sentence: She stated she is not in favor ...; Resident comments, change name to read Peter Bolestra. Mayor Love noted additional comments were also received. Motion passed 5-0. 0 CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 11,1999 - PAGE 2 3. CONSENT AGENDA Garfunkel moved, Lizee seconded approving the Motion contained on the Consent Agenda and Adopting the Resolution therein: A. A Motion to Adopting RESOLUTION NO.99-090, "A Resolution Approving a Conditional Use Permit for Accessory Space Over 1200 Square Feet" Applicant: T.O. and A.V. Kvalseth Location: 4980 Shady Island Circle B. A Motion to Adopting RESOLUTION NO. 99-091, "A Resolution Approving Variances for Front Yard and Bluff Setbacks" Applicant: Scott M. Olson Location: 6125 Ridge Road C. A Motion Approving a Policy on Leave of Absence D. A Motion Approving a Release of Escrow for Tree Preservation and Reforestation Property Owners: Tim and Amy Haugen Location: 6030 Spruce Hill Court E. A Motion Approving RESOLUTION NO. 99-092, "A Resolution Regarding Is Liquor Operations." Motion passed 5-0. 4. MATTERS FROM THE FLOOR Bob Gagne, 2450 Amlee Road, understood the bids for blacktopping the Southshore Center parking lot came back. He asked if the lot could be striped. He asked when traffic signals would be installed at Country Club Road and County Road 19. Mayor Love stated staff could report back on striping at the next meeting. Engineer Brown stated they met with the County regarding signalization at the intersection of County Road 19 and Smithtown Road. He stated there is consent that the intersection needs modification. More than likely, the County would agree to the concept approved by the Shorewood City Council. He stated the City of Tonka Bay has to agree to the concept, because it does involve the acquisition of land in their city. He stated he will discuss it with the Tonka Bay City Council at their meeting on October 26. He stated the intent is to construct the road in 2000. U CITY COUNCIL REGULAR MEETING MINUTES • OCTOBER 11,1999 - PAGE 3 5. PARKS REPORTS A. Report on Joint Park Commission/Park Foundation Meeting held September 28,1999 Commissioner Berndt reported on the joint meeting held on September 28. Options to raise money for two specific projects - the multi -use building at Freeman Park and a skate park. An overview of the purpose of the Park Foundation was discussed. The Youth Coalition, whose goal was to build a skate park, was discussed. An ice rink is proposed for Freeman Park in 2001. The Park Commission determined a definite amount needs to be determined to bring before the Park Foundation. It was determined grants, private donations, and corporate sponsorship would also be good income sources. The group will meet every second month to continue their plans. Mayor Love noted there is a huge interest in a skate park in the area. B. Report on October 2, 1999 Neighborhood Walk - Howards Point Road/Grant Lorenz Road Commissioner Arnst discussed the neighborhood walk held on October 2. Over forty people participated in the walk. Questions from residents on trail locations and speeding were raised. Additional signage and clogged culverts were also identified as problems. She stated she would be sending staff a memo addressing the residents' concerns. Mayor Love noted residents are very concerned about trails in the area. It should come from the residents whether or not they want a trail in their neighborhood. C. Discussion on Policy Setting Trail Standards Engineer Brown stated staff was directed to address several issues involving trails. Issues identified were the different cost alternatives for various widths of trail segments (four, five or eight foot), life span of different materials, uses and durability of materials, and the background of the placement along Old Market Road. He stated many factors impact the cost of a trail. Traffic volume and speed is a major key issue. Other issues include: the need for retaining walls; impact on wetlands; impact on trees; topography of the area; and number and kind of driveways impacted. Engineer Brown reviewed cost alternatives. He stated contractors he contacted have indicated the State has gone to an eight foot wide standard, but the City is not bound by this width. The City must, however, meet ADA standards, which means a five foot wide trail. He discussed costs for eight foot, six foot, and concrete costs. Engineer Brown discussed life span of materials. He stated they would be similar between bituminous and concrete in Minnesota. Engineer Brown stated concrete tends to span over soft spots. A bituminous surface will depress with the soft spot and gives a warning before there is a trip hazard. Trails should be sealcoated. You wouldn't have to sealcoat as often as you would have to repair concrete cracking. Engineer Brown stated the trail on Old Market Road was constructed using State Aid Funds and not 0 as a part of the Waterford development. CITY COUNCIL REGULAR MEETING MINUTES • OCTOBER 11,1999 - PAGE 4 6. PLANNING REPORTS A. Planning Commission Meeting of October 5,1999 Commissioner Woodruff reported on the matters considered and the actions taken at the October 5, 1999 meeting of the Planning Commission (as detailed in the minutes of that meeting). 7. GENERAL A. Presentation by Sally Koenecke, Lake Minnetonka Communications Commission (LMCC) Director, on Proposed 2000 Budget and Motion Regarding Budget Proposal Sally Koenecke, LMCC Director, noted they are in a new facility in Spring Park. She discussed the benefits of membership of the LMCC. She explained the purpose of three separate funds in the budget and explained where revenues are generated. She also discussed operating expenses, transfers and outlays. Garfunkel moved, Zerby seconded to approve the 2000 LMCC budget. Motion carried 5-0. B. Consideration of a Motion Approving 1999-2000 Winter Trail Activities Permit Diane George, 25295 Smithtown Road, stated she does not live on the trail. She stated she doesn't want the City to make any decisions based on less than the majority of the residents opinion. She stated she would like the trail to remain for use by snowmobilers. Dana George, 25295 Smithtown Road, stated he hasn't seen anything reviewed along the lines about the trail. He believed enforcement has been working. He believed it is the safest trail in Minnesota. He hoped the decision would be based on substance rather than emotion. Jerry Brecke, 27450 Pine Bend Road, stated he uses the trail. He stated in his conversations with other users on the trail, there has only been one person who did not want snowmobiles using the trail. He stated the biggest complaint is dogs on the trail. He didn't think noise was a major concern. Bob Gagne, 24850 Amlee Road, stated speed is a major problem on the trail. Paula Berndt, 25855 Smithtown Road, stated she understood those who rode horses on the trail years ago were no longer allowed because of their impact on the trail condition. She stated safety is the number one issue. She thought it would be great for horses to be allowed on the trails in the winter. Administrator Hurm stated the County had indicated the City Council can request the use of horses on the trails in the winter. The County will go before their Board again to ask for permission to change their policy. Lizee moved, Stover seconded to allow hiking, biking, pet walking, cross country skiing, • snowshoeing and horseback riding on the LRT Trail for the 1999-2000 winter season. CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 11,1999 - PAGE 5 Councilmember Garfunkel didn't believe any activity should be disallowed because some residents don't follow the rules. He noted snowmobiling was not included in the motion. He stated he is sympathetic to those who live on the trail. He stated banning snowmobiles is a limitation of freedom. Councilmember Lizee stated snowmobiling is still allowed in the City. Lake access is permitted. She stated Shorewood is the only City in Hennepin County that allows snowmobiling on the LRT Trail. She stated she would like to see the trail safe for public enjoyment. She stated she does not feel safe on the trail when snowmobiles are present. Councilmember Stover stated motorized vehicles should be on the streets and not on the trail. She didn't believe both (vehicles and pedestrians) should be in a small confined area. She stated curfews and zero tolerance have not worked. She believed these were "band aid" fixes to a major problem. She stated she would not want to ban snowmobiles entirely, but believed they belong in the street. She stated it is time for Shorewood to recognize that snowmobiles on the trail are unsafe. Councilmember Zerby stated he wished there could be some sort of compromise by enforcing regulations or reducing the number of hours on the trail. He agreed with the safety issues and concerns raised by those on the trail. Councilmember Garfunkel stated when the citations are put into perspective, it is a small percentage of those who abuse the rules. He stated he would like things to be kept open in . Shorewood. What other communities do should not impact what Shorewood does. Mayor Love stated the trail has been a contentious issue over the years. He stated the comments by those who live along the trail have indicated a preference to not permitting snowmobiles on the trail. He stated it is not about civil liberties but about safety. He strongly believed safe ways to the lake should be provided if use of the trail is curtailed. He stated restricting the hours would only prolong the problem. Councilmember Lizee stated this isn't a ban; snowmobilers are still able to drive on the streets. She noted the trail is for use by everyone. She stated the use of the trail by pedestrians is being restricted by those who use snowmobiles. Mixed use is dangerous, and it doesn't belong on the trail. Mayor Love asked what the experience has been with horses on the trail. Councilmember Stover stated the disadvantage is during the spring when the ground is soft. She noted there isn't the horse owner population that there used to be in Shorewood. Mayor Love asked if the maker of the motion could amend it to identify lake access for snowmobilers. Lizee made a friendly amendment to her motion, Stover seconded to look into and research viable accesses that are marked and to look into working with the City of Tonka Bay regarding Crescent Beach and to ask the Public Works Department to plow the LRT Trail after every snowfall. 41 • CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 11,1999 - PAGE 6 Mayor Love stated the Council will need to discuss how this can be enforced with SLMPSD. Councilmember Stover suggested that half the trail be plowed, and the other half be groomed much like the City of Deephaven does. Mayor Love stated the City plows are responsible for the streets first. He stated he would not be in favor of having the trail plowed. Councilmember Lizee removed the LRT trail plowing from her motion. Stover agreed. Motion carried 3-1-1. Councilmember Garfunkel voted against the motion. Councilmember Zerby abstained from voting. Administrator Hurm stated if the trail plowing would be needed, it should be in the newsletter. In response to a question from the audience, Administrator Hurm explained the snowmobiling policy on City streets. Administrator Hurm asked if the trail should be plowed up to December 1. Mayor Love stated trail use should be encouraged. • Councilmember Lizee suggested finding out how Greenwood and Deephaven maintain their trails. She also suggested use of Grant -in -Aid funding. Engineer Brown stated there is a significant amount of money invested in signage that says to share the trail. A number of snowmobilers who use the trail are from outside of Shorewood, and he was concerned how they would be notified. Councilmember Zerby suggested the Park Commission review these issues. About six written communications have been received and distributed to the City Council before this meeting. They will be placed in the official file which consists of a total of 43 written communications as part of the record. Administrator Hurm stated signage will be an issue. There is also published information stating snowmobiling is still permitted. C. Consideration of a Motion Regarding Lake Minnetonka Conservation District Representative Vacancy Administrator Hurm stated the current representative's term has expired on the LMCD. He asked if volunteers should be solicited for appointment after the first of the year. Mayor Love stated he would like all representative vacancies to be advertised. Councilmember Garfunkel agreed, stating consistency should be maintained. • Garfunkel moved, Stover seconded to advertise for the position of LMCD representative effective in November. Motion carried 5-0. CITY COUNCIL REGULAR MEETING MINUTES • OCTOBER 11,1999 - PAGE 7 D. Consideration of a Motion to Adopt an Ordinance Extending the Senior Housing Moratorium Administrator Hurm stated the Comprehensive Plan has been extended through the end of December and asked if the moratorium on senior housing should also be extended. Councilmember Stover stated she would no longer vote for extension of this moratorium. Mayor Love believed the extension of this moratorium with the intent to complete the Comprehensive Plan. Garfunkel moved, Zerby seconded to extend the senior housing moratorium until December 31,1999. Councilmember Stover stated work can progress on the Comprehensive Plan whether or not the moratorium is extended. Councilmember Garfunkel stated there isn't anyone "beating down our doors," but this is an insurance plan. Mayor Love stated his impression of this issue is not an opposition to senior housing. Motion carried 3-2. Councihnembers Lizee and Stover voted against the motion. 8. ENGINEERING/PUBLIC WORKS A. Consideration of a Request for Street Light at the Intersection of Hillendale Road and NO Street Engineer Brown stated staff received a petition from the neighbors along Hillendale Road. He stated it is the City's policy for the neighbors to pay for the installation, and the City will take over ongoing maintenance costs. NSP has indicated there is a pole in existence at Hillendale and Mill. NSP is willing to install a cobra head light immediately. He discussed the effectiveness of shoebox-style light fixtures. He recommended this form of lighting be selected. NSP would install the cobra head at no charge. He stated it is the City's policy to hold a neighborhood informational meeting to hear their comments. He stated notices were sent out stating this issue would be discussed at this meeting. Jim Daughton, 5935 Hillendale, discussed his concerns about this intersection. It is a school bus stop, and is often dark. Don Houck, 5960 Hillendale, stated he had 100% cooperation from neighbors, and the school bus stop is a major safety concern. Engineer Brown asked if there is any feedback on the type of light fixture. Mr. Houck stated he isn't qualified to judge one light fixture from another. He stated as much light as possible is needed. 0 CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 11,1999 - PAGE 8 Gary Harju, 5985 Mill Street, stated there should be a light at the intersection for safety reasons. Zerby moved, Stover seconded to approve a street light at the Hillendale Road and Mill Street intersection. Councilmembers discussed the type of fixture to approve. Mr. Daughton stated the more light, the better, and he preferred the cobra head. Susan Hadu, 5985 Mill Street, asked what kind of lights are on Mill Street now. It was noted the cobra heads are in place. The motion was amended to specify the cobra head style of lighting. Motion carried 5-0. B. Consideration of Responses from Eureka Residents about Extension of Water Engineer Brown stated a memorandum was sent to residents on Eureka Road for input on whether or not they want watermain. He stated results received were the same, and not an overwhelming majority are in favor. He stated the developer of Shorewood Ponds would be paying for a majority of the cost. The Council recessed at 9:00 p.m. and reconvened at 9:15 p.m. Engineer Brown discussed the difficulties associated with separating out a roadway and watermain project. He reviewed his calculations for the strictly watermain portion of the project. He stated the developer's contribution to the water fund would exceed that amount. Ken Dallman, 5780 Eureka Road, stated he canvassed the residents on Eureka Road. He stated they have been unable to make a decision, because they haven't been provided with an assessment amount. The residents were concerned about costs, but they were more concerned about the final product. They were concerned about changes to Eureka Road and personal property. Widening of the road is a concern as well. The residents would like to have the alternative of having a watermain in the street should wells fail. Councilmember Stover asked Mr. Dallman if he has comments on the four options staff provided. Mr. Dallman stated minimal impact to the property owners would be the preference. Mayor Love stated tree mitigation would have to be reviewed. Mr. Dallman suggested Engineering have a neighborhood walk in the area. He again stated the residents would like to know what the cost will be. Engineer Brown stated the Eureka Road feasibility report was presented to residents in May. Construction limits on each of the alternatives were plotted as well as cost estimates. It was also presented to the City Council at the end of May. CITY COUNCIL REGULAR MEETING MINUTES • OCTOBER 11,1999 - PAGE 9 Mayor Love stated there has been an overwhelming majority who have requested continued dialogue on this issue. He believed a neighborhood walk would be an excellent idea. In response to a question from Administrator Hurm, Engineer Brown discussed the first alternative. He discussed problems associated with relying on minimal impact to trees. Administrator Hurm suggested talking about assessment figures first. Councilmember Zerby believed the walk should be the first step. He stated he would like to have the options narrowed down. He also suggested the alternatives be staked out to show a perspective of the options. Mayor Love suggested October 30, 1999 at 10:00 a.m. beginning at Freeman Park. Allie Kronberg, 5716 Eureka Road, suggested another option that would not take the area proposed. Engineer Brown stated the ten feet from the sewer line is a state requirement. Ms. Kronberg stated she would need to know the costs and the impact on her property before she could make her decision. Dennis Kronberg, 5716 Eureka Road, asked what the cost impact would be for the long run. He was concerned about.the impact to his property if trees are removed. • Mayor Love stated it is important to inform residents that water is not scheduled in 2005. C. Consideration of a Motion to Accept Proposal for Professional Services from WSB - Gideon Glen Wetland Delineation Engineer Brown reviewed a proposal from WSB to do a wetland delineation. He gave a history of the wetland delineation and funding. He recommended approval of the wetland delineation at a cost of $4,750.00. Zerby moved, Stover seconded to approve a motion to accept a proposal for professional services from WSB in the amount of $4,750.00 for Gideon Glen wetland delineation. Motion carried 5-0. D. Consideration of a Motion to Acccept Proposal for Professional Services from WSB - Freeman Multi -Use Building Engineer Brown stated WSB has provided a proposal for the extension of sanitary sewer to the Freeman Multi -Use Building as well as architectural design. He recommended approval. Zerby moved, Lizee seconded to approve a motion to accept proposal for professional services from WSB for the Freeman Multi -Use Building. Engineer Brown discussed funding for the project. • Motion carried 5-0. CITY COUNCIL REGULAR MEETING MINUTES • OCTOBER 11,1999 - PAGE 10 9. REPORTS A. Administrator & Staff i. Attorney's Report on Smithtown Road Right -of -Way Options Attorney Keane reviewed a methodology and proposal for undertaking the identification of existing right-of-way and options for trails along Smithtown Road. He stated a parcel -by -parcel search would have to be done for those properties where the right-of-way has not been dedicated. The next step would be to map the results for a reference source. The result would be some sense of what the existing inventory of right-of-way is and what the potential delineation would be. He stated 3-4 weeks would be needed to complete the work. Councilmember Zerby stated the intent would also be the eventual reconstruction of Smithtown Road. Stover moved, Garfunkel seconded to authorize the expenditure for Smithtown Road right- of-way studies at an amount not to exceed $5,500.00. Motion carried 5-0. ii. Glen Road Billboard Update Attorney Keane stated the billboard company was served a week ago with a summons and • complaint. They have twenty days from October 4 to respond. iii. Forfeiture - no action iv. Gysland Property Attorney Keane stated a hearing will be held October 18. They have been waiting for a judicial assignment. V. T.H. 7 Access Closures Engineer Brown reported the access closures have begun along T. H. 7. Eureka Road will also be closed temporarily. B. Mayor and City Council i. Report on Fire Department Review Committee Meeting Held September 28,1999 Mayor Love reported on the Fire Department Review Committee Meeting held on September 28, 1999. He stated Councilmembers are invited to become more involved with the meetings. 0 E E CITY COUNCIL REGULAR MEETING MINUTES OCTOBER 11,1999 - PAGE 11 ii. Report on Chamber Meeting Held October 5,1999 Mayor Love reported on the Chamber meeting held the week before. He stated discussion of the skate park was very well received. He discussed the possible future development of a strategic plan for Shorewood. iii. Report on Local Government Officials Regional Forum held October 7, 1999 Administrator Hurm stated local government officials discussed the issue of cities having to pay sales tax at the regional forum. Councilmembers and staff discussed the impact of sales tax on municipalities. iv. Discussion on Request for Proposals for City Attorney Council directed staff to submit a timeframe for a RFP process for City Attorney. V. Speed on Streets Councilmember Garfunkel discussed his concerns about the need for an awareness campaign for residents. Chief Litsey agreed awareness is needed. He believed the newsletter is a good place to begin. Engineer Brown stated part of the awareness might be to have residents hold a radar gun. Chief Litsey stated there needs to be shared responsibility between motorists and residents. Councilmember Garfunkel suggested bringing radar guns to the neighborhoods. Councilmember Lizee discussed the need to be observant in the school zone area. Chief Litsey stated they can do some monitoring. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Garfunkel moved, Zerby seconded adjourning the regular meeting at 10:40 p.m. subject to approval of claims. Motion passed 5-0. RESPECTFULLY SUBMITTED, Clare T. Link Recording Secretary WOODY • W-4- JA S C. HURM, CITY ADMINISTRATOR MAYOR