111395 CC Reg Min
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CITY OF SHOREWOOD
REGULAR CITY COUNCIL MEETING
MONDAY, NOVEMBER 13, 1995
COUNCIL CHAMBERS
5755 COUNTRY CLUB ROAD
7:30 P.M.
MINUTES
1. CONVENE CITY COUNCIL MEETING
Mayor Bean called the meeting to order at 7:36 p.m.
A.
Roll Call
Present:
Mayor Bean; Councilmembers Benson, Malam, McCarty, and Stover;
Administrator Hurm, City Engineer Brown, City Attorney Keane, Planning
Director Nielsen, and Finance Director AI Rolek.
B.
Review Agenda
City Engineer Brown explained Item 3B should be removed from the Consent Agenda as the
necessary signatures had not been obtained until after the Council packet went out for print. This
item will be included on the next City Council agenda.
Malam moved, McCarty seconded to approve the agenda for November 13, 1995
as amended by removing Item 3B. Motion passed 5/0.
Mayor Bean announced a petition for street lights in the Brynmawr subdivision had not been
received in time to be included on tonight's agenda. This item would not be a topic of discussion
tonight.
2. APPROVAL OF MINUTES
A. City Council Regular Minutes - October 23, 1995
Benson moved, McCarty seconded to approve the October 23, 1995 City Council
Regular Meeting Minutes as amended on Page 2, Paragraph 9, Line 3 replace
"exiting" with "existing", Page 5, Paragraph 6, Line 1 add "McCarty" after
Councilmember, and Page 7, Paragraph 1, Line 2, replace "OCTDOT" with "'OPT
OUT'''. Motion passed 4/0. (Councilmember Stover abstained as she was not
present at the October 23, 1995 meeting.)
B . City Council Work Session Minutes - October 23, 1995
McCarty moved, Benson seconded to approve the October 23, 1995 City Council
Work Session Minutes as presented. Motion passed 4/0. (Councilmember Stover
abstained as she was not present at the October 23, 1995 meeting.)
3. CONSENT AGENDA
Mayor Bean read the Consent Agenda for November 13, 1995.
McCarty moved, Stover seconded to approve the Motions on the Consent Agenda
and to adopt the Resolutions therein:
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REGULAR CITY COUNCIL MINUTES
November 13, 1995 - PAGE 2
A.
RESOLUTION
Subdivision. "
Road.
NO. 95-108. "A Resolution Approving a Simple
Applicant: Alan Krutsch. Location: 25725 Smith town
C. RESOLUTION NO. 95-109. "A Resolution Accepting Adequacy of
Petitions for City Improvements."
D. RESOLUTION NO. 95-110. "A Resolution Approving the Final
Assessment Roll - Water System Improvement Project."
E. RESOLUTION NO. 95-111. "A Resolution Approving a Conditional Use
Permit for Accessory Space in Excess of 1,200 Square Feet." Applicant:
Tom Wartman. Location: 28120 Boulder Bridge Drive.
F . RESOLUTION NO. 95-112. "A Resolution Approving a Preliminary Plat
and Lot Width Variance - Woodside 2nd Addition." Applicant: Don
Peterson, LeG ran Homes, Inc." Location: 28030 Woodside Road.
G. RESOLUTION NO. 95-113. "A Resolution Approving a Preliminary Plat -
McCary Addition." Applicant: Carl Zinn, representing Thomas and Mary
McCary. Location: 6010 Ridge Road.
H. Motion to _ Approve an Extension of Time to Correct a Zoning Violation.
Appellant: Jeff Christian. Location: 24700 Wiltsey Lane.
I.
Motion to Approve a Letter of Agreement with Ken Potts Regarding
Prosecution for the Years 1996 and 1997.
J . Motion to Approve a Letter of Agreement with Ken Potts Regarding
Forfeitures for the Years 1996 and 1997.
Motion passed 5/0.
4. MATTERS FROM THE FLOOR-None.
5. 7:45 P.M. - PUBLIC HEARING - VACATION OF A DRAINAGE AND
UTILITY EASEMENT
A. Consideration of a Resolution'Regarding the Vacation of a Drainage and Utility Easement.
Applicant: Allan Larson. Location: 4320 Dellwood Lane.
Nielsen explained Mr. Larson owns the property at 4320 Dellwood Lane which was originally
platted as two lots. In 1992, the lots were legally combined to allow Mr. Larson to build a
detached garage. Mr. Larson had intended to redivide the property but has now decided to expand
his home. This will require vacation of the drainage and utility easements. This will preclude Mr.
Larson's ability to redivide the lot at a later date. Nielsen indicated staff is recommending approval
of the vacation of drainage and utility easements.
Mayor Bean opened and closed the public hearing at 7:47 p.m. since no one appeared to address
the Council.
Councilmembers considered the request.
REGULAR CITY COUNCIL MINUTES
November 13, 1995 - PAGE 3
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Stover moved, Benson seconded to adopt RESOLUTION NO. 95-114. "A
Resolution Granting the Vacation of a Drainage and Utility Easement." Applicant:
Allan Larson. Location: 4320 Dellwood Lane. Motion passed 5/0.
6. PLANNING - Report by Representative
There was no report as the Planning Commission did not meet on November 7, 1995 due to it
being election night.
7. CONSIDERATION OF A SPEED STUDY - SHOREWOOD OAKS DRIVE
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Brown reported this issue had surfaced after the stop signs were relocated from the intersection of
Maple Leaf Circle and Shorewood Oaks Drive to Oak Leaf Trail and Shorewood Oaks Drive. A
volume count and a speed study have been conducted in these areas. The average speed on
Shorewood Oaks Drive was 22 mile per hour with 11 vehicles exceeding 35 miles per hour. The
average speed on Oak Leaf Trail was 22 miles per hour with 3 vehicles exceeding 35 miles per
hour. The Minnesota Department of Transportation (MNDOT) conducted a traffic count and traffic
volumes averaged 394 vehicles per day on Oak Leaf Trail and 395 vehicles per day on Shorewood
Oaks Drive. Brown explained these volumes clearly did not warrant stop signs being placed in this
area at all. MNDOT has suggested the City remove the stop signs completely. Brown indicated
the City Engineering Department's first recommendation would be to remove the stop signs but
due to the fact that the stop signs do balance the traffic between the two locations and reduce the
amount of cut through traffic, staff is recommending the stop signs remain in their current location.
Brown explained the City of Shorewood is bound by state statutes to not reduce the speed limit to
less than 30 miles per hour. An option would be to remove the stop signs and post signs with
directional arrows and an advisory plate of 20 miles per hour at the sharp curves. This is not
standard practice but is a practice which can be done to address the neighborhood concerns.
Councilmember McCarty asked if MNDOT had performed a speed study and a traffic count.
Brown indicated MNDOT had only performed a volume count.
City Administrator Hurm explained the counts used were obtained on the two streets for the same
five day period. He reported letters were received by the City today in regard to the stop signs
from James Pisula, 26175 Shorewood Oaks Drive and Angela McMullen, 6055 Maple Leaf Circle.
Mayor Bean outlined the two letters received. Councilmember McCarty noted the counter MNDOT
had placed in front of Mr. Pisula's home only calculated the volume of traffic, not the speed.
An unidentified resident asked when he would be able to speak. He indicated he had viewed the
video tape from a previous Council meeting and felt that no one was present at that meeting who
had been present at the Council meeting when the signs were originally placed except
Councilmember Stover.
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Councilmember McCarty stated she had signed the original petition in 1991-1992. The difference
from that time is that the neighborhood was not developed to the extent which it is presently and
this affects the placement of the signs. She noted the stop signs are not warranted currently and
were not warranted when the original request was made. However, the Police Chief has stated the
current placement of the stop signs does come closer to meeting the warrants.
Mayor Bean stated the issue before the Council was the best way to control traffic and balance and
determine a way to control speed to minimize the risks, in a fairly mobile area where there are a lot
of children. He indicated a decision should be made based on the expert information presented by
MNDOT, the City Engineer and the South Lake Minnetonka Public Safety Department (SLMPSD).
He stated the Council had participated in a f~r amount of discussion with the residents in the area
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REGULAR CITY COUNCIL MINUTES
November 13, 1995 - PAGE 4
and this was not a public hearing. Everyone involved was concerned with the safety of the
children and the neighborhood.
An unidentified resident indicated he felt the facts were not clear. He felt the nei ahborhood was
90% developed when the stop signs were originally placed in the area. He notel the Council at
that time voted 5-0 to approve the placement of the stop signs recognizing that the areatest activity
of children was in the cul-de-sac area. l:>
Councilmember McCarty stated the neighborhood was not 90% developed at that time. She
acknowledged the concern to keep the neighborhood safe.
Mayor Bean again noted he would rely on the information presented by MNDOT, the City
Engineer and the SLMPSD and not by a decision which was made in the past.
Councilmember Stover stated the previous Council and this Council were striving for the same
objective. That is safety of the neighborhood. She indicated she did not feel the stop signs should
be moved based solely on the fact that the amount of children in the neighborhood had changed.
She did agree the speed advisory plates prior to the curves in the roadway would be an asset. She
asked what distance would be between the signs.
Brown stated the signs would be approximately 200 feet apart. He noted most people revert back
to a 30 mile per hour speed limit when there is no speed limit posted. He noted this option was
recommended by MNDOT.
Mayor Bean questioned why it was allowable to have a lower speed limit posted in some areas and
not others. Councilmember Stover explained in some cases the State will warrant a speed limit
lower than 30 miles per hour depending on several factors such as the sight, width, curvature and
alignment of the road.
Hurm acknowledged a speed limit lower than 30 miles per hour could be posted but would not be
enforceable. Councilmember Stover noted the Police Department has asked that speed limits under
30 miles per hour not be posted.
Councilmember McCarty asked if there were any legal ramifications if the City posted speed limit
signs less than 30 miles per hour. City Attorney Keane stated he would investigate this but
believed the only problem was that it would not be enforceable.
There was Council COnsensus that the speed advisory plates with directional arrows placed prior to
the sharp curves would be the best alternative.
Councilmember McCarty noted the stop signs have provided a balance in the traffic flow.
An unidentified resident noted the stop sign had been placed right in front of Councilmember
McCarty's house.
Councilmember McCarty stated the stop sign was indeed in front of her house but now she has to
stop every time she goes out even just to get the mail. She noted the stop signs were not moved
because of where she lives but because of what several people in the neighborhood had requested
and input from the Council, the Police Chief and the Public Works Director. The fact remains, the
Police Chief believes this is better placement of the stop signs.
McCarty moved, Stover seconded that the stop signs located at the intersection 0 f
Shorewood Oaks Drive and Oak Leaf Trail remain in their current location.
REGULAR CITY COUNCIL MINUTES
November 13, 1995 - PAGE 5
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An unidentified resident asked if he could speak. Mayor Bean again stated this was not a public
hearing.
Councilmember Stover emphasized the reason for making a change at all was to make the area as
safe as possible. The traffic study shows this placement distributes the traffic evenly. She
encouraged residents to drive with the same care in others' neighborhoods as they would in their
own.
Councilmember McCarty stated she hated to see the neighbors upset. She indicated she believed
this to be the best and safest decision. She pleaded with the neighbors and those using the cut
through to obey the safety measures.
V oting on the motion: Motion passed 5/0.
Councilmember Malam stated he liked the speed advisory plates but was not comfortable with
removing the other speed limits signs. Nielsen stated this was what MNDOT had suggested.
Mayor Bean noted it was important for the Shorewood Police Officer to patrol this area more. This
however, should be above and beyond the patrol of the regular police officer, not a replacement.
Malam moved, McCarty seconded to remove the existing speed limit signs on Oak
Leaf Trail and Shorewood Oaks Drive and post speed advisory plates with
directional arrows prior to the sharp curves advising a speed of 20 miles per
hour. Motion passed 5/0.
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Mayor Bean expressed his frustration with the whole issue. He noted the constraints the City has
to operate within relative to what can be done in regard to the speed limit from a legal standpoint.
Even with the posted speed limit signs, the police officers are limited due to the "reasonable margin
of error". He agreed with Councilmember Stover, echoing that each resident needs to remember if
it is not okay to speed in our own neighborhood, it is not okay to speed in other neighborhoods.
8. CONSIDERA TION OF A MOTION TO AUTHORIZE PRELIMINARY
SURVEY WORK BY OSM FOR PROPOSED IMPROVEMENT PROJECTS
Brown reported he was fairly confident the proposed street and water improvements included in
these surveys would be under construction in 1996 or soon after. Staff is recommending the data
be obtained now to give the consulting engineer adequate time over the winter for design.
Stover moved, McCarty seconded to authorize preliminary survey work by OSM
for proposed improvement projects. Motion passed 5/0.
9. CONSIDERATION OF A MOTION OF APPROVAL OF A DRUG AND
ALCOHOL TESTING POLICY AND PARTICIPATION AGREEMENT
WITH MINNESOTA COUNTIES INSURANCE TRUST
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Brown explained a recent change in legislature has prompted cities and agencies to require anyone
operating a commercial vehicle go through drug and alcohol testing. Staff has reviewed other
policies and consulted with the Public Works Director to put together the best policy to address the
issue. The policy was forwarded to the City Attorney and received more revisions than staff had
anticipated. Brown explained due to this, staff is asking the policy not be passed tonight. The City
Engineer and City Attorney recommended approval of the participation agreement with Minnesota
Counties Insurance Trust (MCIT). Brown stated because there are a number of agencies being put
into this pool for testing, the MCIT was requesting the participation agreement as soon as possibl~.
The revised drug and alcohol testing policy will be presented at the December 11, 1995 CounCIl
meeting.
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REGULAR CITY COUNCIL MINUTES
November 13, 1995 . PAGE 6
Benson moved, Stover seconded to approve the participation agreement with
Minnesota Counties Insurance Trust as presented. Motion passed 5/0.
Benson moved, Stover seconded to continue consideration of the Shorewood
policy relative to drug and alcohol testing to the December 11, 1995 City Council
meeting. Motion passed 5/0.
10. ADMINISTRATOR AND STAFF REPORTS
A. Attorney's Report on Sealcoating Agreement
Keane reported this was a follow up report to a request made by the City Council to determine if
any claims could be pursued with regard to the performance contract for the seal coating project
performed in 1994 and the smoothing out which will be completed in 1996. He reported he
consulted the contract documents, and specifications and has determined the City has no claims. It
was the opinion of the Director of Public Works that the work had been completed to bid
specifications. Provisions to arbitrate a dispute in the Cities' contract were not provisions Keane
would agree with but the documents were not drawn up by Shorewood but by an engineer of
another City that participated in the joint efforts. He indicated the ability to bring those issues
under the dispute resolution provisions ended thirty days after completion of the project.
B. Engineer's Report on Feasibility of Water Extension Requests
Brown explained this item was put on the agenda as a reminder to the public. He stated some
watermain connections are critical and most will try to mesh with roadway deterioration and
restoration. The City however, would like residents who are interested in having water inform the
City, so staff will have a better idea of the age of wells and who is interested in having City water.
Brown reported, based on the level of progress and the inclement weather, staff has advised the
contractor to stop excavating and go back to the work done so far and perform some necessary
restoration. Smithtown Road has been kept intact and operations have been seized at the point of
the Minnewashta School.
In the Howard's Point area, Brown noted there had been concern for the blacktop being laid this
year due to the temperatures falling off rapidly. However, there were a number of concerns by
residents and it was decided to lay the blacktop. The blacktop is now in place and the contractor
will be performing some restoration to the area.
Brown announced there will be a public information meeting in regard to the Howard's Point
project area on November 28, 1995 at 5:30 p.m. in the Council Chambers. This meeting will
focus primarily on the Howard's Point area but residents with any questions about the water
project are urged to attend.
Nielsen reminded the City Council of the meeting in Excelsior on November 27, 1995 from 4:00
p.m. to 7:30 p.m. This meeting is to discuss proposed improvements to the intersections of Mill
Street and Highway 7 and Water Street and Highway 7. He noted it will be an open house with
exhibits, proposed plans, representatives from MNDOT and comment cards.
11. MAYOR AND CITY COUNCIL REPORTS - None
12.
ADJOURNMENT TO WORK SESSION FORMAT SUBJECT TO
APPROVAL OF CLAIMS
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REGULAR CITY COUNCIL MINUTES
November 13, 1995 . PAGE 7
Malam moved, McCarty seconded to adjourn the City Council meeting to Work
Session format at 8:58 p.m., subject to approval of claims. Motion passed 5/0.
RESPECTFULL Y SUBMITTED,
Lorri L. Kopischke
Recording Secretary
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. HURM, CITY ADMINISTRATOR
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ROBERT B. BEAN, MAYOR