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062303 CC Reg Min . , ... . . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JUNE 23, 2003 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order-at 7:03 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Attorney Keane; Engineer Brown; and Finance Director Burton Absent: Planning Director Nielsen B. Review Agenda Mayor Love reviewed the Agenda for the meeting_ Engineer Brown requested Item 3B be moved from the Consent Agenda to Item 9B. Lizee moved, Garfunkel seconded, Approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes, June 9, 2003 Zerby moved, Garfunkel seconded, Approving the City Council Regular Meeting Minutes of June 9, 2003, as presented. Motion passed 5/0. 3. CONSENT AGENDA: Garfunkel moved, Lizee seconded, Adopting the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Reschedule Public Information Date for Mallard Lane and Teal Circle Roadway Reconstruction (This item was moved to Item 9B.) Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. .. . . . REGULAR CITY COUNCIL MEETING MINUTES June 23, 2003 Page 2 of 6 5. REPORTS AND PRESENTATIONS A. 2002 Annual Audit Presentation Finance Director Burton introduced Steve McDonald, of Abdo, Eick, & Meyers, LLP, to Council. Mr. McDonald was in attendance to provide a presentation of the firm's findings of the City's financial activities in 2002 through the Comprehensive Annual Financial Report (CAFR). Mr. McDonald presented the City Council and Staff with a Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance Officers Association for the City's CAFR. He noted this was the highest form of recognition the City could receive for its commitment to high accounting standards and only two percent of all cities nationwide received this award. Finance Director Burton thanked Mr. McDonald and other City Staff for the contributions of all in preparation of the CAFR. Mayor Love thanked the Staff and all parties involved in the CAFR process as he marveled at the thorough reporting the Staff displayed yearly. Mr. McDonald then went on to summarize the CAFR for Council, explaining that during the Year 2002, the General Fund revenues for the City exceeded expenditures resulting in an increased fund balance. In addition, the Enterprise Funds performed positively, with the exception of the Water Fund. Council had anticipated this possibility and had authorized rate changes for 2003. The Liquor Fund had also experienced a positive year with a net income prior to transfers of approximately $137,000. Zerby moved, Turgeon seconded, Accepting the 2002 Comprehensive Annual Financial Report. Motion passed 5/0. 6. PARKS A. Report on Park Commission Meeting Held June 10, 2003 Chair Arnst reported on the Park Commission Meeting of June 10, 2003 (as detailed in the minutes of that meeting) . Councilmember Lizee clarified Council's support of the use of carpooling signage for the north lot of Freeman Park. Councilmember Zerby stated he was concerned with the potential for "mixed messages" within the Parks Master Plan as the design for the south parking lot was no longer taking place in the manner described in the Master Plan. Also, he requested the redesign for the south parking lot be brought back to Council for further review in the future. B. Report on Dog Owner Education Plan - Pat Arnst, Park Commission Chair Chair Arnst shared an example of the pet owner information packet regarding the City's revised pet ordinance and "mutt mitt," and dog bone, to be given to dog owners upon annual license renewal with the City as part of the dog owner education plan. The Park Commission also recommended this information be shared with residents in the City's newsletter, and also laminated signage be posted along the trail in the fall. . . . REGULAR CITY COUNCIL MEETING MINUTES June 23, 2003 Page 3 of 6 7. PLANNING Commissioner Borkon stated there had not been a meeting of the Planning Commission since the most recent Regular City Council Meeting, thus, there was nothing to report. 8. GENERAL/NEW BUSINESS A. Follow-up on Barking Dog Petition Presented to Council on June 9, 2003 Administrator Dawson explained Council had been presented with a petition from owners of 14 properties in the area who believed there were dogs at two properties in the area whose barking was "excessive, continuous, and untimely." Staff had researched the issues of concern for residents and Council pertaining to this matter. The core issue of how the nuisance could be abated was presented for discussion. As part of tins discussion, Administrator Dawson briefly reviewed the appropriate sections of the City's "dog ordinance". He also noted the action taken by the South Lake Minnetonka Police Department over the past 29 months regarding this matter. Administrator Dawson explained that dogs were considered property and as such, the owners of the dogs had property rights protection and were entitled to due process through the legal system. He stated the City's ordinance, was typical in its standards of performance for what would require enforcement of tile ordinance, and he went on to suggest the City's ordinance could be changed to include responsibility of the nuisance within tile property owner. He also suggested a graduated system of sanctions could be developed. With regard to the redress requested in the petition, Administrator Dawson noted the City was limited in action by its ordinances. He described the legal remedies that could be utilized in this matter, and noted Council could choose to seek legal action in this matter. Attorney Keane provided additional clarification of tile legal remedies for tilis issue, noting the petition shared with Council indicated a public nuisance had taken place in recent months. Tom Schneider, 5000 Suburban Drive, stated he was concerned for the definition of excessive barking and asked for clarification from Attorney Keane. He also stated he would like to see the City take action on the matter as it would prove beneficial for the neighborhood. Douglas PaW, 4985 Suburban Drive, stated he had heard tile dogs barking over the past years in spite of the one and one-half block distance from Mr. Schneider's residence. He stated he was concerned the City and SLMPD were not taking action on this matter, and believed the nuisance involved negligence on the part of the dog owner. He requested Council taken action on this issue as soon as possible for remedy. In response to Councilmember Garfunkel' s question, Attorney Keane suggested the specific performance standards found in the current ordinance were problematic, and common sense needed to be part of a revision process for this matter. Further he stated it was important to move the ordinance toward having the property owner be held liable for a public nuisance as was demonstrated in this case. Mayor Love stated he was certain a problem existed, and had heard the concerns of the Police regarding issuing citations without the performance standards in the ordinance being met. He further stated he would like to see the Council reexamine the ordinance and strive for objectivity in the ordinance in the future. REGULAR CITY COUNCIL MEETING MINUTES June 23, 2003 Page 4 of6 . Councilmember Zerby stated it was clear in this case that a problem existed, and he was disappointed the dog owner or property owner was not present this evening. He thought appropriate action should be taken by the City with regard to filing a criminal nuisance action within the legal system. Attorney Keane, in response to Councilmember Garfunkel' s question, explained both a criminal nuisance action and civil nuisance action should be filed concurrently and he was confident the City's ordinance would support such action. He also recommended amending the ordinance to hold the property owner strictly liable in matters such as tlns one. Zerby moved, Lizee seconded, Directing Staff, the City Prosecutor, and the City Attorney to Proceed with filing Criminal Nuisance Action charges and Civil Nuisance Action charges in this case. Mr. Schneider stated he had further information that might be useful to the City in its prosecution of this case, and noted the nuisance persisted from the dogs at both houses referenced in terms of being a nuisance, as well as being untimely and excessive. Councilmember Turgeon stated she thought the City should send a letter to the property owner explaining the course of action being pursued by the City with regard to the barking dogs, as well as noticing residents of potential changes to trus ordinance. Motion passed 5/0. Mayor Love directed Staff, at Council's request, to have the Planning Commission review the dog ordinance with notice to residents of this review being placed in the City newsletter. . B. Consideration of Metro Transit Opt-Out Administrator Dawson reviewed the history regarding the City's option to consider "opting-out" of the Metropolitan Transit system. He also provided Council with the proposal offered by Metro Transit with regard to an advanced service plan for the area. He also noted the Staff of the Senior Community Services indicated satisfaction with the proposal. He then introduced David Christianson, Manager ofthe Regional Transportation Services for the Metropolitan Council. Mr. Christianson explained Metro Transit had been the core urban carrier, providing 90% of the transit services in the area, including such transportation services as Metro Mobility. He also noted Metro Transit contracted for private services, such as those found in Senior Community Services, for Local Dial-A-Ride. He stated Met Council was offering to improve current services, mainly at the local level, and hoped that the City would be willing to stay with the current system, as Met Council fully intended to increase service and meet with City representatives to monitor the implemented enhancements in the upcoming years. These enhancements included expansion of the current 9:00 A.M. to 2:00 P.M. weekday service to 8:00 A.M. to 4:00 P.M., and weekend service to include four hours on Saturdays to be supplemented by runs to Ridgedale if Senior Community Services believed demand was sufficient, as well as four hours on Sunday mornings. Additional conditions would be noted in the Met. Council Capital Improvement Project list and become part of Met Council Transit Services Capital planning process. . Mayor Love thanked the Met. Council Staff and Mary Hill Smith for swift attention to the City's concerns, and he liked that the response included the needs of all five South Lake Minnetonka communities. ~ . . . REGULAR CITY COUNCIL MEETING MINUTES June 23, 2003 Page 5 of6 Councilmember Lizee stated she liked the positive partnering with the City Staff, LJR, Inc., and the Planning Commission in this matter, and she liked being able to work with Met Council to bring about positive changes for residents of the area. Councilmember Turgeon questioned how the process would be handled should residents place extra demands on the enhanced system. Mr. Christianson responded there would be a yearly management review process to answer concerns of residents. Councilmember Zerby thought the addition of services was a great solution and thanked all parties involved for bringing it to fruition. Garfunkel moved, Lizee seconded, Adopting RESOLUTION NO. 03-056, "A Resolution That the City of Shorewood Not Make Application for Assistance to the Metropolitan Council to Provide Transit Services Under the Replacement Transit Service, aka Opt-Out Transit Program," subject to the enhancements stated. Motion passed 5/0. 9. ENGINEERINGIPUBLIC WORKS A. Accept Bids and Award Contract - Smithtown Road Rehabilitation Engineer Brown reported seven bids were received on June 11, 2003 for the Smithtown Road Rehabilitation project, and were tabulated for accuracy. He went on to state Midwest Asphalt Corporation had submitted the most economical bid for the project. In response to Councilmember Zerby's question, Engineer Brown stated the completion date of the project was established as November 15, 2003, for planning purposes. He noted the project would take approximately 18 weeks to complete with six weeks being allowed for each section of roadway. Zerby moved, Lizee seconded, Adopting RESOLUTION NO. 03-057, "A Resolution Accepting Bids and Awarding Contract for the Smithtown Road Pavement Rehabilitation Project, City Project 01- 12, S.A.P. 216-101-03." Motion passed 5/0. B. Reschedule Public Information Date for Mallard Lane and Teal Circle Roadway Reconstruction Engineer Brown explained a conflict had appeared again for the Public Information Date and that meeting would need to be rescheduled to July 23, 2003, from 5:30 -7:00 PM. 10. REPORTS A. Administrator & Staff 1. County Road 19 Intersection Administrator Dawson stated the City of Tonka Bay was considering an offer from Hennepin County at this time. ',. . REGULAR CITY COUNCIL MEETING MINUTES June 23, 2003 Page 6 of 6 2, Public Safety Facilities Administrator Dawson stated progress continued on the West Side facility with anticipated occupancy by year-end. He also reported occupancy could take place at the East Side facility as early as the beginning of 2004. 3. Smithtown Road ll1ere was nothing new to report on this matter at this time. B. Mayor & City Council Mayor Love reported there would be an Excelsior Fire District Meeting on Wednesday, June 25,2003. 11. ADJOURN Zerby moved, Lizee seconded, Adjourning the Regular City Council Meeting of June 23, 2003, at 9:17 P.M. Motion passed 5/0. RESPECTFULL Y SUBMITTED, Sally Keefe, Recording Secretary . ATTEST: .