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101193 CC Reg Min . ....~ ..'" . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 11, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:45 p.m. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Acting Mayor Daugherty at 7:45 p.m. A. Pledge of Allegiance B. Roll Call Present: Acting Mayor Daugherty; Councilmembers Benson, Lewis, and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, and Financial Director Rolek. Absent: Mayor Brancel. C. Review Agenda Lewis moved, Stover seconded to approve the Agenda for October 11, 1993, with postponement of Consent Agenda Item 3.C. and Regular Agenda Item 5.A. and the addition of an Executive Session immediately following the regular meeting. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Regular Meeting Minutes - September 27, 1993. Stover moved, Lewis seconded to approve the City Council Minutes of September 27,1993. Motion passed 4/0. 3. CONSENT AGENDA Acting Mayor Daugherty read the Consent Agenda for October 11, 1993. Stover moved, Benson seconded to approve the Consent Agenda and to adopt the Resolutions contained therein: A. RESOLUTION NO. 93-88 "A Resolution Granting Preliminary Plat Approval for Ridge Road Addition." 1 . . . ..'~. .. REGULAR CITY COUNCIL MINUTES OCTOBER 11, 1993 - PAGE 2 B. RESOLUTION NO. 93-89 "A Resolution Approving a Setback Variance for Ernest Pavlisich." C. A Resolution Approving a Simple Subdivision - Shirley Frantz - Postponed. D. RESOLUTION NO. 93-90 "A Resolution Accepting Cooperative Project No. 93-1, Bituminous Seal coating of Streets." E. RESOLUTION NO. 93-91 "A Resolution Setting a Public Hearing on Proposed Assessments for City Project No. 93-2, Sanitary Sewer, Watermain and Storm Sewer, Season's Elderly Housing Project." F. RESOLUTION NO. 93-92 "A Resolution Setting a Public Hearing for Proposed Assessments for Extension of Sanitary Sewer Service to 25840 Highway 7." G. RESOLUTION NO. 93-93 "A Resolution Providing for the Issuance and sale of $325,000 General Obligation Improvement Bonds, Series 1993A." Motion passed 4/0. 4. PARK - Report by Representative. A. Motion to Adopt an Ordinance Amending Chapter 802 Regarding Snowmobiles Steve Dzurak, Park Commission Chair, reviewed the background of the Commission's recommendation to the Council to amend the Ordinance regarding snowmobiles. He stated it was generally agreed that the current ordinance did not provide easily enforceable rules. A subcommittee task force including a snowmobile club member developed a compromise setting the hours during which snowmobiling is allowed in Shorewood. The amendment specifically prohibits snowmobiling at anytime within the City between the hours of 11:00 p.m. and 7:00 a.m. (deletes the phrase "unless on the way home.") Dzurak clarified that specifically permitted and authorized uses exempted from the limitation include law enforcement and emergency use although special permits are not issued for snowmobile operation during the curfewed hours. Dzurak stated the ordinance amendment does not address right-of-way restrictions since the City's confusing and variable setbacks create enforcement difficulties. Daugherty acknowledged the controversial nature of snowmobiling issues in the City. He opened a public forum at 7:55 p.m. 2 ..,.... .. REGULAR CITY COUNCIL MINUTES OCTOBER 11,1993 - PAGE 3 . Dan Puzak, the snowmobile club representative on the subcommittee, said he supported the amendment and stated it is an excellent compromise. Snowmobilers have been asked to support it, and their concurrence has been expressed. Jim Pennington, 5860 Eureka Road, stated the ordinance amendment is an attempt to further limit snowmobiling as a recreational sport enjoyed by many residents and expressed concern that regulation continues to erode Shorewood's attraction as a urban community. He questioned it's enforceability and explained that a snowmobiler will not abandon a machine at 11 p.m. He acknowledged a few careless snowmobilers reflect adversely on the majority who act responsibly while enjoying the recreation. He indicated a sufficient number of snowmobilers have not been heard from regarding the amendment and stated the City should practice open government. Dean De Witt, 2507 Kelly Avenue, Excelsior, explained how decisions made by Shorewood affect snowmobiling residents of neighboring communities. The majority of riding is on the largest and well-kept southwest trail system and the main connecting trail is on Shorewood property. He stated it is unfair that snowmobilers' activities are being curtailed by the amended ordinance. He questioned the exact nature of the snowmobile issues before the Council. He said snowmobilers must currently conform to noise regulations, and he felt regulation of the sport appears to be increasing. . Mike Kramer, 5425 Timber Lane, stated he lives adjacent to the snowmobile trail and has not experienced any problems in 13 years. He indicated the general behavior of snowmobilers has improved. The snowmobilers are courteous and careful, and their self- policing of the group has contributed to improvements. He stated, in general, the curfew is unnecessary. Larry Smith, 25480 Smith town Road, reiterated that he has not found snowmobile noise to be a disturbance. Tony Pink, 27000 Beverly Drive, stated the recreational options available in Shorewood attract new residents. Dan Puzak stated the amendment represents an acceptable compromise and the snowmobiling community has given its support to the amendment in order to retain the sport in Shorewood. He stated that while the snowmobilers have given up an enjoyable segment of their lifestyle, the compromise was designed to maintain an acceptable standard for all the residents of Shorewood for the long-term future. He urged the Council to adopt the amended ordinance. Ron Kramer, 5865 Eureka Road, reiterated dissatisfaction with the ordinance and characterized it as increasing regulation of the snowmobiling sport. . Jeff Wingfield, 26975 Beverly Drive, reiterated that the ordinance represents a degradation of residents' rights and that he has not found snowmobilers to be a disturbance. 3 . . . L, . REGULAR CITY COUNCIL MINUTES OCTOBER 11,1993 - PAGE 4 Paul Hirsch, 24590 Smith town Road, supported snowmobiling in Shorewood as a family recreation. Shelly DeWitt, 2507 Kelly Avenue, Excelsior, reiterated statements made by previous speakers and expressed dissatisfaction with the proposed ordinance amendment. Daugherty closed the public forum at 8: 15 p.m. Lewis supported the amendment because it gives enforceability to the ordinance, it was thoughtfully developed by representatives of the factions involved, and avoids a ban of snowmobiling in Shorewood. Stover agreed with Lewis' opinions and stated that further urbanization of the community brings additional regulation. He commended the task force for its work to develop the compromise. Benson acknowledged that various views exist in the community and encouraged the snowmobilers to continue to enjoy the sport in a responsible manner. Daugherty expressed appreciation for the comments from the public and commended the snowmobile club's excellent self-patrolling efforts. Nevertheless, he recognized that opposition to snowmobiling exists in the community and complaints are received from residents. Daugherty supported the amended ordinance as a reasonable compromise for the community. Stover moved, Benson seconded to adopt ORDINANCE NO. 280, "An Ordinance Repealing and Adopting Section 802.03, Subdivision 10 Relating to Snowmobiles." Motion passed 4/0. Dzurak reported an open house was held at Silverwood Park recently and suggestions for changes at the park were solicited from those in attendance. The Commission recommended that park dedication fees be collected in lieu of land from the Brynmawr Addition. He stated the Commission recommends Council approval of the 1994-1998 Park Capital Improvements Program. 5. PLANNING - Report by Representative Doug Malam reported on the discussions and actions taken by the Planning Commission at its October 5, 1993 meeting and work session. A. Motion to Adopt an Amendment to the Flood Plain Ordinance - Postponed. 4 . . . ~ REGULAR CI'IY COUNCIL MINUTES OCTOBER 11, 1993 . PAGE 5 6. APPOINTMENTS TO THE PLANNING COMMISSION Daugherty reported the Council reviewed resumes and applications on file and interviewed additional candidates to fill vacancies on the Planning Commission at its meeting at 7 p.m., Monday, October 11, 1993. In light of the Mayor's absence at the meeting, the selections for appointments to the Commission will be offered for Brancel's consideration prior to announcement of the appointments at the Council's October 25 meeting. 7. TRAFFIC REPORTS A. Beverly Drive/Cajed Lane Dresel reviewed the request received from the Beverly Drive/Cajed Lane residents regarding speeding and traffic problems. A random traffic monitoring report provided by the South Lake Minnetonka Public Safety Department shows 573 vehicles over a 24-hour period traveling an average of 25.9 miles per hour. Dresel reviewed alternatives investigated by the Planning and Engineering staff: 1) close-off the through route by building a cul-de-sac on Beverly and Cajed; 2) channelize traffic with Y configurations at the intersections; 3) create one-way streets on Beverly/Cajed and Afton Road; or 4) continue monitoring for traffic changes, but leave the existing patterns in place. Dresel stated that the staff recommends no change at the present time since neither the current traffic count nor speed warrants a change in traffic patterns. However, if any change is directed, residents on Afton Road should be contacted. John Coverdale, 2690 Beverly Drive, referred to the police monitoring report and questioned the rationale of various speed limit postings in the area. Keane explained that the uniform urban speed limit throughout the state is 30 miles per hour and any downward departure from that requires a speed study conducted by MNDOT on a case-by-case basis and would be considered exceptional. The need for uniformity, consistency, understanding by the driving public and enforceability are reasons for the establishment of the 30 mph limit without exceptions. Exceptions would include those lower limits posted prior to the uniform standard set in the early '70s. Daugherty reiterated that the lowest enforceable speed limit in Shorewood is 30 mph except at a location where an acceptable trail or bike path exists, then the limit is 25 mph. Dale Newberg, 26960 Beverly Drive, requested a copy of the comments attached to the police monitoring report. He noted that as the road is posted at 25 mph, many citations exist in the police report. Jeff Plathe, 26900 Beverly Drive, suggested that the street be posted at both ends with "Not a Through Street" signs. 5 . ~, REGULAR CIlY COUNCIL MINUTES OCTOBER 11, 1993- PAGE 6 . Jeff Wingfield, 26975 Beverly Drive, stated police monitoring has alleviated speeding during the past 6 weeks and the neighborhood appreciates that. He indicated that although the traffic report does not show that a speed problem exists, the residents can attest to the violations. He stated the neighborhood has many small children and expressed concern regarding additional traffic resulting from the new Brynmawr development. . . Pete Holmberg, 5955 Cajed Lane, described traffic problems in the area and supported building a cul-de-sac. He stated residents would be willing to donate property necessary to form a cul-de-sac and suggested the option be explored further. Tom Pink, 27000 Beverly Drive, described Beverly as a major thoroughfare used by drivers as a short-cut. The Councilmembers discussed the traffic control alternatives presented for Beverly Drive and Cajed Lane. Lewis stated the police report appears to reflect the Chiefs disagreement with the assignment and suggested that an understanding be reached with the police department emphasizing that monitoring requests made by the Council are based on residents' complaints. Lewis did not favor closure of streets and recognized the need for maintaining effective traffic flow. He requested that a determination be made whether the 25 mile per hour posting is enforceable, and if not, he questioned whether the posting should be changed to 30 mph. Hurm responded that a review of the files shows no record of authorization of the 25 mph posting, therefore the conclusion is that the posting should be changed to 30. Stover requested verification of the date for grandfathering of posted speeds. Stover requested that consideration of a variation of the one-way street alternative be considered with specific times for allowing left or right turns. Dresel noted such an alternative could deter through traffic but would re-route traffic to other collector streets. Benson stated it would be important that local residents comply with the turn lane restrictions. Lewis pointed out that enforcement problems exist and it appears that monitoring alleviates the speeding problems only temporarily. Daugherty reiterated that the police department appears to be concerned mainly with traffic flow and he preferred that a longer term solution for the Beverly jCajed problem. Daugherty supported installation of the "No Through Traffic" signs, suggested further consideration of turn lane restrictions andj or one-way streets and agreed that residents of Afton Road be contacted for their input. Daugherty noted that a cul-de-sac to close off the route would eliminate cut-through traffic, however construction costs are expensive. Stover agreed one-way streets could solve the problem. Lewis requested cost information for the various alternatives. Dresel stated construction costs per turn-around are estimated in excess of $6000. Residents commented on the alternatives presented and generally supported construction of cul-de-sacs to close off traffic on the subject streets. Daugherty stated the Council recognizes the enforcement problems, suggested installation of "No Through Traffic" signs, and preferred creation of one-way streets. The Council also considered cul-de-sacs as the least desired alternative. Stover and Lewis supported further consideration of the Y configuration. Daugherty suggested that costs for the alternatives be 6 #, REGULAR CIlY COUNCIL MINUTES OCTOBER 11,1993- PAGE 7 . analyzed and that staff coordinate meetings to present the alternatives to the residents on Beverly, Cajed and Afton for their consideration and acceptability. The Council concurred with Daugherty's suggestion. Lewis cautioned that closure of streets sets a precedent for other residents to make a similar request and reiterated that enforcement of traffic laws is of primary importance. Lewis moved, Benson seconded to direct the staff to install "No Through Traflic" signs at Smithtown and Cajun and Beverly and Cathcart. Motion passed 4/0. B. Excelsior Boulevard Dresel reviewed the speed study conducted by the police department on Excelsior Boulevard. Average speed of vehicles was 28 mph with 1200 vehicles observed in a 24-hour period. Following discussion, the Council agreed to request that Police Chief Young attend its November 8 work session to discuss and clarify issues of concern to the Councilmembers. 8. DISCUSSION ON POLICY MATIERS . A. 1994 Budget Issues - No discussion. 9. MATIERS FROM THE FLOOR - None. 10. ADMINISTRATOR AND STAFF REPORTS A. Review of 1993 Objectives Hurm reported the receipt of a $2500 donation from the local American Legion for park playground equipment. Council expressed appreciation for the donation. Hurm referred to the Review of City Objectives for the Year 1993 indicating the status of those objectives. 11. MAYOR AND COUNCIL REPORTS Stover requested clarification of the legality of Council member attendance at a public meeting of the City. Keane stated that a quorum or more of the Council may be in attendance at a meeting, such as of the Planning Commission, officially published as a public meeting. Dresel stated that a tanker seen dumping into the Lake Virginia station was under permit of the MWCC. . A. MWCC Task Force Report 7 /'" · REGULAR CITY COUNCIL MINUTES OCTOBER 11, 1993 - PAGE 8 . Daugherty reported the task force discussed options and clarified issues at its recent meeting. 12. ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS Benson moved, Stover seconded to adjourn the City Council Meeting at 9:45 p.m. to an Executive Session, subject to the approval of claims. Motion passed 4/0. Daugherty stated legal issues will be reviewed at the Executive Session and following the Session, the Council will convene in a Work Session. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial . ATTEST: c/ 1Avvwt ES C. HURM, CITY ADMINISTRATOR rtb~~ ROB DAUGHERTY, ACTING MAYOR J . 8