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062600 CC Reg Min . , . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 26, 2000 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 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 Lizee, Stover, and Zerby; Engineer Brown Absent: Councilmember Garfunkel, Planning Director Nielsen; Attorney Keane (arrived at 7:12 P.M.) B. Review Agenda Stover moved, Zerby seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, June 12, 2000 Zerby moved, Lizee seconded, approving the City Council Regular Meeting Minutes for June 12, 2000, as presented. Motion passed 4/0. B. City Council Work Session Meeting Minutes, June 12,2000 Lizee moved, Stover moved, approving the City Council Work Session Meeting Minutes for June 12, 2000, as presented. Motion passed 4/0. C. City Council Executive Session Meeting Minutes, June 12, 2000 Stover moved, Zerby seconded, approving the City Council Executive Session Meeting Minutes for June 12,2000, as presented. Motion passed 4/0. 3. CONSENT AGENDA Lizee moved, Stover seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. A Motion Accepting a Proposal for Professional Services-Brim eyer Consulting Group B. A Motion Accepting a Proposal for Professional Services--Safe-Assure Consultants C. A Motion Adopting RESOLUTION NO. 00-063, "A Resolution Approving a Preliminary Plat for Smithtown Woods." . , . CITY COUNCIL REGULAR MEETING MINUTES- JUNE 26, 2000 Page 20f7 D. A Motion Adopting RESOLUTION NO. 00-064, "A Resolution Approving a Temporary Gambling License for Storefront Youth Action." E. A Motion Adopting RESOLUTION NO. 00-065, "A Resolution Approving the Appointment of an Election Clerk for the 2000 Primary and General Elections." F. A Motion Approving the Permanent Appointment of Cathy Elke as Senior Accounting Clerk." Motion passed 4/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor. Attorney Keane arrived at 7:12 P.M. 5. PARKS-Report by Representative A. Report on Park Commission Tours and Meeting Held June 13, 2000 Commissioner Berndt reported on matters considered and actions taken at the June 13,2000, meeting of the Park Commission (as detailed in the minutes of that meeting). B. Report on Park Commission's Recommendation Regarding Design of the Skate Park - Council Action on Proposed Design Engineer Brown provided history related to this matter. He noted the preferred site for the proposed Skate Park was previously known as the rest area site on St. Alban's Bay Circle. Mter the Park Commission's June 13,2000, meeting modifications were made to the original Skate Park Design Plan- such as, moving the location of the portable toilets and trash to the west side of the park, planting shrubs along the berm, and using a one-way traffic flow design. Many residents in attendance expressed an interest in addressing the Council about this matter. Pat Board, 5286 St. Alban's Bay Circle, expressed concern from the residents of The Seasons Association about transportation of the children coming to the Skate Park, as well as a feeling of seclusion from Highway 7 in that area. Further, she stated concern over the lack of planned supervision at the park. She questioned Council about the need for consensus from neighbors regarding building the Park and stated she had not been notified of this park being placed at this spot. She also questioned Council about what use her tax dollars were serving as she has not seen her road maintained nor patrolled by the City. Engineer Brown explained that the road in this development is a private road, as per the Developer's Agreement, thus, the City only maintains utilities on that road. However, should the road be brought to City standards, it would be maintained by the City. Because of . , . CITY COUNCIL REGULAR MEETING MINUTES- JUNE 26, 2000 Page 3 of7 setback requirements set forth in the Developer's Agreement for that road, Engineer Brown thought it unlikely that it would occur now. Councilmember Stover noted neighbors have input about any new development, but consensus by those neighbors is not a requirement of approval for any development. Harriet Lonergran, 5240 Spring Circle, expressed concern for noise she believed would be coming to the area if the Skate Park was placed at this site. Ed Lynch, 5281 St. Alban's Bay Circle, stated his belief that the other cities also involved in bringing the Skate Park to fruition do not have them because they cause so much trouble for residents. He also asked a question about liability issues surrounding parks in the event someone is injured. Attorney Keane explained Minnesota statutes provide an exemption from liability for accidents that do not involve gross negligence on the part of municipalities in City Parks. Mr. Lynch also wondered how many people will be using the Skate Park. Also, he expressed concern about the distance the police would have to travel to approach the park from Highway 7, and about his perception that there was inadequate parking areas near the Park. Mayor Love clarified that Chief Bryan Litsey believed this to be an opportunity for police to interact with kids in a positive manner, rather than provide police protection from Highway 7. Merley Ophaug, 5284 St. Alban's Bay Circle, stated he believed there was a public safety issue at hand. If people were to park off road, there would not be adequate space for police or ambulances to get through on the road. Engineer Brown reviewed site plans at this time, and explained St. Alban's Bay Road could be posted as a No Parking Zone in an effort to ease concern over these traffic issues. Jean Ice, 5279 St. Alban's Bay Road, asked for clarification from Engineer Brown about the berm and parking spaces. Engineer Brown complied politely. Nell White, 5297 St. Alban's Bay Circle, questioned Council about responsibility for trash clean-up. Mayor Love stated it would be the City's responsibility as with any other park under any other use. Audrey Johnson, 5230 Spring Circle, stated her concern that Council had not fully understood the need for quiet near her home as stated in her letter to Council. Also, she stated Highway trucks had paid no attention to the signage on St. Alban's Bay Circle, and believed others would ignore it as well. Mayor Love responded he had received mailings and kept these in mind as he weighed the outcome of this issue. Randy Gibbs, 5365 St. Alban's Bay Road, questioned the Council about anticipated hours of service for the Skate Park. Engineer Brown stated City parks close at 10:00 P.M., but curfew from other cities would be considered as plans progressed for the park. Mayor Love explained a series of meetings had been held on site with the Park Board and two other city skate parks were visited as well as a meeting to discuss this matter with City residents at the Community . , . CITY COUNCIL REGULAR MEETING MINUTES- JUNE 26, 2000 Page 4 of7 Center. At these meetings, issues of noise, parking, safety, visibility, and privacy were brought forward regularly for consideration. Mayor Love stated he believed the process used had brought a lot of input from all parties concerned. Further, he believed all issues were considered and addressed. Regarding noise, other skate parks he visited were not believed to be as high in volume when compared with the noise coming from Highway 7. The visibility from Highway 7 exists, and he noted none of the other pick-up sports were supervised at the other parks. The sports equipment at other parks were not meeting the needs of this particular kind of athlete. Parking and safety issues have also been considered and addressed. He also reminded residents the population of Shorewood makes up part of five sovereign cities, but should be viewed as one community. He believed the Park Board brought this need forward for its residents. He also stated the idea of a skate park will need to be monitored and people will need to be accountable to this neighborhood so that concerns are kept in check. While he anticipated success for the Skate Park, he noted the equipment in the park is moveable, and money spent on this park would be put to good use. Councilmember Lizee stated it is important to provide opportunities for all segments of the community. For over two years young people in the community have spent time working respectfully and tenaciously with all cities to find an opportunity to participate in their sport. She also explained this group of young people showed leadership in working with Councils and Park Commissions to come up with a plan and a site in a logical fashion. She also commended the Park Commission and Dan Puzak for leadership, time, and effort in working with these young people. She believed it to be a great project and anticipated it would have a positive effect on the community. She also noted it had tremendous community support from the neighboring cities, school districts, and churches as well. Councilmember Stover echoed congratulations to the Park Commission on a job well done. She particularly noted how the Park Commission had asked for neighborhood input, although it was not a requirement of the planning process for this matter. She believed it to be a wonderful opportunity for kids who enjoy skateboarding. She also stated she did read all the letters, understands the concerns stated within these letters, and believed the Park Commission had made every attempt to accommodate almost everything addressed within the letters. She would not be adverse to hiring a skate attendant if it seems to be necessary. She respected the Search Committee that scoured the City for potential sites, and believed they made a good choice in site selection. She also appreciated the residents' views as it helped the City Council and Commissions to review issues of concern. Councilmember Zerby commended the Park Commission on a job well done in determining an appropriate site. He noted concerns expressed about this matter were not new concerns and applied to any park. He gave credit to the Park Commission for an excellent job in helping to maintain the parks in the City and would expect this to continue with any future park. He believed this site is best suited for park space. He noted it was a park, and is a park and believed it be quite well suited for its intended sport. He stated he was confident in the process thus far, and believed it would continue to be successful as the Skate Park plans proceed. Mayor Love suggested there be included, as a requirement of the City, that the Mayor, City Administrator, Chair of the Park Board, meet quarterly with the Seasons Association for the first year- reviewing this matter at the end of the year, and then possibly meeting annually for review if needed. Zerby moved, Lizee seconded, approving the Park Commission's Recommendation Regarding Design of the Skate Park (referred to as Design Alternative B) and including the recommendation . , . CITY COUNCIL REGULAR MEETING MINUTES- JUNE 26, 2000 Page 5 of 7 to meet quarterly with residents in the neighborhood as is consistent with Park Commission tradition of monitoring residents' concerns. Mr. Lynch reiterated his concern about the potential for noise coming from the park. Mayor Love explained past history regarding a prior senior housing development whose residents believed the best place for the development to be next to a park. He believed it to be a matter of viewing Shorewood as a community and needing to meet the needs of all residents. Mrs. Board reiterated her belief that this site is unsuitable as it relates to needs of seniors living in the area. Councilmember Stover stated she believed different seniors feel differently. The City worked very hard for many years to establish an ordinance for areas of senior housing, and it was met with much objection. Every segment of the population needs certain things, and she could understand the perceived need from the children to have this park utilized in this manner. She has watched the children grow over the past two years and has found them to be respectful people. She also believed parents would take charge of their children in transporting them to the Skate Park. Councilmember Stover also noted she makes a point of listening to all segments of society. Motion passed 4/0. Mayor Love stated the Council is committed to working with the neighborhood and will continue to dialogue and monitor this project. 6. PLANNING There were no items to report at this meeting. 7. GENERAL A. A Motion to Adopt an Ordinance Amendment Relating to the Use of Motorized VehicIes on Trails Attorney Keane provided background on this issue explaining the ordinance currently prohibited use of motorized vehicles on trails within the City. However, a resident concerned with motorized wheelchairs made an inquiry regarding use of the trails making clarification of this ordinance necessary. State statutes were cross-referenced as part of the text change within the ordinance to provide clarification for users and enhance enforcement for public safety. Lizee moved, Zerby seconded, Adopting ORDINANCE NO. 364. "An Amendment to Section 902- Public Parks and Recreation Areas." Motion passed 4/0. B. A Motion to Adopt a Resolution With Finding of Public Purpose Attorney Keane explained the City had undertaken a task with the Park Commission to provide a trail facility along Vine Hill Road to provide a safe pedestrian linkage for bicycles and pedestrians from the north to south ends. The work had been commissioned by the City. After a survey and installation of an . , . CITY COUNCIL REGULAR MEETING MINUTES- JUNE 26, 2000 Page 6 of7 erosion control fence, Mr. Johnson of Vine Hill Road took exception. His lawyers stated there was no existing easement outside of the actual street width in order to undertake the construction. Attorney Keane stated the law and easement are not clear about where a previously dedicated right of way exists on Vine Hill Road as the road is sixty to seventy years old and has been established by rights of usage. Because of this, there is not a record of actual acquisition of the right-of-way. Attorney Keane recommended to Council that the City acquire an easement for construction of this trail. The easement would be roughly ten feet inside the curbline of the existing Vine Hill Road. The trail will be roughly a foot and one half inside the west face of the curb line and six feet in width. The ten feet of right-of- way should give the City ample, but not excessive, room within which to construct and maintain the trail. In order to commence the process through the Eminent Domain statutes, he requested Council adopt this resolution in effort to establish public purpose. He believed the City has a good record through the hearing process, through the recommendations of the Park Commission, and a lot of public discussion regarding need for this facility. He believed it to be a public safety issue necessary to segregate the motorized traffic from pedestrians and cyclists. Stover moved, LizCe seconded, adopting RESOLUTION NO. 00-066, "A Resolution Relating to Vine Hill Road Trail and Right-of-Way." Mayor Love thanked the City Staff and City Attorney for their expedient work in this matter. Motion passed 4/0. Attorney Keane noted he had received the engineer's legal description and the requisite title work and would be filing pleadings later this week. The easement is anticipated to be acquired within approximately ninety days. 8. ENGINEERINGIPUBLIC WORKS A. A Motion Adopting a Resolution Accepting Bids and A warding Contract - Eddy Station (Formerly Freeman Park Multipurpose Building) Engineer Brown provided background on this matter. He noted the previous low bid for Eddy Station was inaccurate. Thus, the bids were reexamined and it was recommended by City Staff to accept the bid of CM Construction, Inc. in the amount of $349,679.00, as it falls within the proposed budget for this project. He noted references were very thoroughly checked and positive results were found in utilizing this company. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 00-067, "A Resolution Accepting Bids and A warding Contract for Eddy Station (Formerly Freeman Park Multipurpose Building.)" Mayor Love thanked the Park Foundation, Park Commission, and everyone involved in this process who helped to bring it to this point. Motion passed 4/0. B. Discussion Regarding County Road 19 Intersection " ... I .. . , . CITY COUNCIL REGULAR MEETING MINUTES- JUNE 26, 2000 Page 7 of7 Engineer Brown stated the Tonka Bay City Council discussed alternatives for the County Road 19 Intersection Project on June 13, 2000. Due to a scheduling conflict, members of the Shorewood City Council were unable to attend that meeting. Tonka Bay decided preference for an alternative which would include signalizing the intersection, widening County Road 19 to construct a dedicated left turn lane for southbound County Road 19, and widening Country Club Road to create an opposing left turn lane. Some concerns have been determined by City Staff regarding this alternative. A joint meeting is scheduled with the Tonka Bay City Council on July 25,2000, at 7:00 P.M. to discuss various alternatives for this project. 9. REPORTS A. Administrator & Staff Engineer Brown commended Hardrives for its flexible work schedule in working around the needs of residents in the Covington Road! Vine Hill Trail project. He also stated, in response to Councilmember Zerby's question, that a raised walkway is slated for part of this project. 1. Gideon Glen An appraiser had been selected and this matter will be on the July 10, 2000, Regular City Council Meeting Agenda. 2. Skate Park All matters surrounding the Skate Park were believed to have been previously discussed in Item 5B. B. Mayor & City Council Mayor Love explained Councilmember Stover would chair the next Regular City Council Meeting in his absence. 10. ADJOURN SUBJECT TO APPROVAL OF CLAIMS Zerby moved, Stover seconded, adjourning the Regular City Council Meeting at 8:24 P.M. subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, Mayor