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062402 CC Reg Min -I. . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 24,2002 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. Present: Absent: B. Roll Call Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown, and Finance Director Burton Planning Director Nielsen Review Agenda Mayor Love reviewed the Agenda, noting Staff had requested Item 8B, Christmas Lake Road Parking Permit Request, be added to the Agenda for this evening. Lizee moved, Zerby seconded, Approving the Agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES . A. City Council Special Meeting Minutes, June 10,2002 Zerby moved, Turgeon seconded, Approving the City Council Special Meeting Minutes of June 10, 2002, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, June 10,2002 Garfunkel moved, Lizee seconded, Approving the City Council Regular Meeting Minutes of June 10,2002, as presented. Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Zerby seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. B. C. D. . E. Approval of the Verified Claims List Adopting RESOLUTION NO. 02-054, "A Resolution Approving the Appointment of an Election Clerk for the 2002 Primary and General Elections." Authorize Termination of the City's Membership with the Local Government Information Systems (LOGIS) Group Adopting RESOLUTION NO. 02-055, "A Resolution Accepting Bids and Awarding Contract for 2002 Bituminous Seal Coat Project." Adopting RESOLUTION NO. 02-056. "A Resolution Accepting Quote and Authorization of Expenditure of Funds for Seal Coat Rock." Motion passed 5/0. REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 2002 Page 2 of 4 . 4. MATTERS FROM THE FLOOR Tom Schneider, 5000 Suburban Drive, speaking on behalf of approximately ten neighbors in that area, stated there was a problem with barking dogs in his neighborhood. He stated the police had been contacted on several occasions without remedy, as the law was very specific with regard to the amount of barking the dogs were doing prior to being in violation. He was present this evening to find out what could be done to remedy the situation. Administrator Dawson stated quantification of barking was difficult in this situation and noted the police could be contacted to explore ways to strengthen the ordinance. He stated this would not solve the immediate concern, as this process would take time to change. Mayor Love questioned Mr. Schneider if concerned neighbors had contacted the owner. Mr. Schneider stated this was difficult due to a poor relationship with the owner. Mayor Love stated the most solid and long-lasting solution, in situations such as this one, involved discussion with the owner and other neighbors. While the City could and would review the ordinance, he explained, to handle this situation through ordinance often could exacerbate the difficult relationship further. Mayor Love asked Staff to report back on the ordinance at a later meeting. Councilmember Zerby suggested contacting Chief Litsey to determine difficulties with enforcement. . Linda Murrell, Shorewood resident and executive director of the Excelsior Area Chamber of Commerce, reminded all present of the upcoming Fourth of July celebration, noting the Minnesota Orchestra would play at 8:30 P.M. She stated she was present to ask for contributions from the public for the public fireworks event. In addition, she reminded and encouraged people to leave all sparklers and new legal non-aerial fireworks at home that evening for safety reasons. In the event it would rain, she noted fireworks would be displayed July 5,2002, and all other Fourth of July events would be cancelled. Mayor Love thanked her for the valuable community contributions made as part of this Fourth of July celebration. 5. PARKS A. Report on Park Commission Meeting Held June 11, 2002 Commissioner Palesch reported on matters considered and actions taken at the June 11, 2002, Park Commission Meeting. Councilmember Turgeon questioned Engineer Brown regarding the implications from the Hennepin County Health Department regulations regarding various concession foods and the impact these regulations would have on the concession stand run by South Tonka Little League at Freeman Park. Engineer Brown stated the regulations would apply uniformly, and he was uncertain whether the South Tonka Little League Concession Stand had been licensed by the Health Department. Attorney Keane stated various operations agreements would need to be in place with regard to liability for third party operation of the stand. 6. PLANNING . While there had not been a meeting of the Planning Commission since the most recent Regular City Council meeting, Commission Gagne addressed the Council. He stated, with regard to the development agreement for the recently approved Comprehensive Plan Amendment for the Shorewood Village Shopping Center, the Planning Commission had requested the pedestrian trail and trees for neighbors to the site along Lake Linden Drive would be constructed and planted as soon as possible. REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 2002 Page 3 of 4 . Mayor Love stated he appreciated the efforts of the Planning Commission in this matter, and would ask Staff to follow through on this issue in the development agreement. 7. GENERAL A. Requests from Residents Regarding Goose Control Administrator Dawson explained that the City had two requests from residents for goose control: one at Manor Park, and a second on private property along Christmas Lake. He reviewed the history of the City's actions regarding this matter, noting Council would need to determine whether the City or residents would need to pay for collection and removal of the geese as part of a program offered by Dr. Jim Cooper, of the Minnesota Department of Natural Resources. Administrator Dawson explained the cost of the removal program was approximately $1000 dollars per site per year for three consecutive years, as the migratory pattern of the geese would necessitate their return over that time period. He then noted the use of landscaping and lakescaping as a deterrent, and also other cities' participation with the program. Greg Frankenfield, 5750 Merry Lane, and Jim Bruce, 5755 Merry Lane, were in attendance this evening. Mr. Frankenfield addressed the Council stating there were approximately 15-40 geese on his property in the season. He had tried the use of landscape barriers, but the geese were able to get through the landscaped hedge. He stated this also just seemed to move the problem to another property nearby. He stated, if the City would not fund the program, he would like permission to be able to utilize the program on his private property. . Mayor Love encouraged consideration for addressing this issue through the Lake Association for that area. Council came to a consensus for allowing private property owners to deal with the geese. Mayor Love also suggested the City facilitate speakers regarding lakescaping as a long-term solution for the problem in the area. B. Future of Land Conservation and Environment Committee (LCEC) Garfunkel moved, Lizee seconded, Extending the Land Conservation and Environment Committee sunset date to August 31, 2002, and for purposes thereafter, to create an ad hoc committee consisting of one Planning Commissioner, one Park Commissioner, and one member of the City Council. Motion passed 5/0. 8. ENGlNEERINGIPUBLIC WORKS A. Request for "No Parking" signs - Gideon Woods Townhome Association . Engineer Brown reviewed the, request by Ms. Nancy Clegg, speaking on behalf of the Gideon Woods Townhome Association, at the June 10, 2002, Regular City Council meeting regarding concern for the number of vehicles parking and loitering at the corner of Glen Road and County Road 19. At that meeting, Director Nielsen stated the City Code required a 30-foot sight triangle to be free from structures or plantings in excess of 30 inches in height, as within this triangle they would create an obstruction for motorists making turning movements. Staff had investigated and reviewed this issue in the Glen Road. Findings show mature trees located on the corner of the property already obstruct the sight triangle. Whether vehicles park in the shoulder area or not would be immaterial to the sight distance, unless the mature trees were removed. With regard to these findings, the Engineering Department reviewed the site and recommended the shoulder area along Glen Road remain undesignated with regard to parking restrictions. There were no additional comments by Council on this matter. REGULAR CITY COUNCIL MEETING MINUTES JUNE 24, 2002 Page 4 of 4 . C. Christmas Lake Road Parking Permit Request Engineer Brown explained Jeff Ripley of Streeter and Associates had submitted a request for a Parking Permit to cover the No Parking signs in front of 5980 Christmas Lake Road. His firm was planning a remodeling project and since additional room for parking was needed on the roadway, he was requesting 2-3 bags to cover the current No Parking signs in place currently. Staff contacted the South Lake Minnetonka Police Department (SLMPD) and the Excelsior Fire District for a recommendation on this matter. The SLMPD required safe passage of the roadway be maintained at all times in order for school buses, fire trucks, and other emergency vehicles to pass. The Fire Marshal was recommending denial of the request, as he did not believe vehicles would be able to adequately park off the roadway in order to allow emergency vehicles through the area. There were no additional questions or comments from the Council. Turgeon moved, Lizee seconded, to deny a request for Parking Permit on Christmas Lake Road. Motion passed 5/0. 9. REPORTS A. Administrator & Staff 1. Gideon Glen 2. County Road 19 Intersection Administrator Dawson stated slow and steady progress continued on both these items, and more . information would be made available at the Council Work Session meeting later this evening. B. Mayor & City Council Councilmembers Garfunkel and Zerby would be the liaisons for the Planning Commission and Park Commission, respectively, for the remainder of the year. 10. ADJOURN Turgeon moved, Zerby seconded, adjourning the Regular City Council Meeting of June 24, 2002, at 7 :44 P.M. Motion passed 5/0. Sally Keefe, Recording Secretary RESPECTFULLY SUBMITTED, Woody Love, Mayor ATTEST: .