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092297 CC Reg Min . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 22, 1997 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Acting Mayor Stover called the meeting to order at 7:32 p.m. A. Roll Call Present: Acting Mayor Stover; Councilmembers McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Engineer Larry Brown; Planning Director Brad Nielsen Absent: Mayor Dahlberg B. Review Agenda Acting Mayor Stover read the Agenda for September 22, 1997. Administrator Hurm requested the removal of Item No.7, to be substituted with Consideration of a Motion to Adopt a Resolution Accepting a Petition for Levying of Watermain Special Assessments, Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment Roll and Ordering an Assessment Hearing for Marsh Pointe Subdivision. In addition, he requested the addition of Item No.9, Consideration of a Motion to Authorize a Contribution of Funds to the Mound Fire Department for the Purchase of a Night Vision Iris. McCarty moved, O'Neill seconded accepting the Agenda for September 22, 1997, as amended. Motion passed 4/0. 2 . APPROVAL OF MINUTES City Council Regular Meeting Minutes - September 8, 1997 Garfunkel moved, O'Neill seconded approving the City Council Regular Meeting Minutes for September 8, 1997, as amended on Page 3, Paragraph 2, Last Sentence, change "telephone conversation" to "letter"; Paragraph 7, Last Sentence, change to read, "they do not have an accurate account"; Page 4, Paragraph 2, change to read, "make hazardous use of the trail"; Page 6, Paragraph 2, Sentence 1, change "have always been" to "have never been." Motion passed 4/0. 3. CONSENT AGENDA McCarty moved, Garfunkel seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: A Motion Adopting RESOLUTION NO. 97-77, "A Resolution Accepting the Minnewashta Elevated Storage Tower and Authorization of Final Payment for Storage Tower" . Motion passed 4/0. . . . CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 2 4. MATTERS FROM THE FLOOR Bob Gagne, 24850 Amlee Road, commented on the Council's recent decision to submit a Winter Use Permit to Hennepin County for the LRT Trail. Mr. Gagne stated it had been his understanding the Council had made a commitment to hold a public hearing prior to this action being taken. He requested a formal public hearing be held prior to the next snowmobile season with notice specifically sent to those property owners who live along the trail. 5 . PARKS - Report by Representative A . Report on the Park Commission Meeting Held September 9, 1997 Commissioner Arnst reported on the matters considered and actions taken at the September 9, 1997, meeting of the Park Commission (as detailed in the minutes of that meeting). B . A Motion to Adopt a Resolution Making an Appointment to the Park Foundation McCarty moved, O'Neill seconded adopting RESOLUTION 97-78, "A Resolution Making an Appointment of Park Commissioner Ann Packard to the Park Foundation." Motion passed 4/0. C . A Motion Approving an Agreement for Professional Services with Mark Koegler McCarty moved, O'Neill seconded approving the Agreement for Trail Planning as well as the Agreement for Professional Services with Mark Koegler. Motion passed 4/0. 6. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken by the Planning Commission at their meeting of September 16, 1997, (as detailed in the minutes of that meeting). A . A Motion to Adopt a Resolution Regarding a Conditional Use Permit for Accessory Space Exceeding 1,200 Square Feet Applicant: Location: Charles & Carol Crandall 5715 Kathleen Court Mr. Crandall was in attendance. Councilmember O'Neill noted the proposed garage is buffered by a large number of trees and is very well screened from the neighborhood. McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97-79, "A Resolution Approving a Conditional Use Permit for Accessory Space Exceeding 1,200 Square Feet, for Charles & Carol Crandall, 5715 Kathleen Court." Motion passed 4/0. . . . CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 3 B. A Motion to Direct Staff to Prepare Findings of Fact Regarding Concept Plan Review of Planned Unit Development for Senior Housing Community Applicant: Location: Eaglecrest Northwest 25600 Highway 7 & 6140 Eureka Road Planning Director Nielsen explained the proposed development in detail. Mr. Bill Gleason, Eaglecrest Northwest, was in attendance and referred to a letter which was prepared by Mayor Dahlberg. He felt Mayor Dahlberg made ascertains and assumptions regarding Eaglecrest Northwest which are inaccurate and untrue. Mr. Gleason stated Eaglecrest Northwest came into the city with the idea there is an ordinance in place and a need for senior housing. He explained he had been contacted by one of the land owners who asked whether he would be interested in this project. Mr. Gleason noted his understanding the traffic generated from the proposed development is based on the lowest possible trips taken out of a townhouse development which is not age restricted. Nielsen explained manuals of the Institute of Transportation Engineers were reviewed. The manuals contain breakdowns of trip generations for various kinds of land uses. The manuals indicate there are not many studies which are based exclusively on senior housing and it was suggested the range for townhouses would be somewhat higher than would be found in a senior housing development. The range for townhouses is five to eight trips per unit. Mr. John Gleason was also in attendance and addressed the issue of traffic generation. He explained a traffic study was performed at the Brooklyn Park development which consists of 44 units. Of the project, 32 of the homes are 62 and older. A traffic study was conducted from 6:00 a.m. to 8:00 p.m. and this reflected approximately 2.4 trips per household. Bernadette Thompson, 6100 Seamans Drive, felt there to be numerous legal problems with the development. She raised the following issues: (1) Swapping of park land for other land. (2) How is lot size defined. (3) How much useable open space exists. Ms. Thompson stated there is an ordinance requirement for useable open space of 20 percent for each of the designated lots. (4) Is the Conditional Use Permit applied for at the same time as the Concept Plan. Nielsen explained the applicant has applied for a Conditional Use Permit. The issue before the Council is consideration of concept stage approval only. The Conditional Use Permit is not issued until the final plan is approved. (5) The Conditional Use Permit which was given to Lan-De-Con will expire. If Lan- De-Con sells the property and the Conditional Use Permit expires, the land will revert to the R-IA zoning which was in place prior to that Conditional Use Permit. (6) If the property reverts back to R-IA zoning, this would result in a fewer number of units which could be built on this site. (7) Compatibility with the surrounding neighborhood. Ms. Thompson did not feel this project is compatible with the surrounding area given the fact it was previously a tree farm. (8) Can the use be accommodated by the existing traffic, sewer and water capabilities. Ms. Thompson noted there is a problem with the existing water flow. (9) Increased traffic flow. (10) The setbacks are 10 feet short on two sides and if approval is granted, a map reflecting the correct setbacks would need to be submitted. (11) At least one unit is in the wetland. Ms. Thompson expressed concern members of her neighborhood are continuing to come back to the City to raise these issues and she asked that the Council address them. Ms. Thompson commented on the campaign promises which were made and recited a quote from Councilmember Garfunkel relative to high density housing. She requested a unanimous vote rejecting this request. . . . CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 4 With respect to swapping park land, Attorney Dean explained most cities have rules if land is acquired through dedicated park funds for park purposes and later disposed of, the money realized from the sale must go back into the park fund. In addition, there are rare instances in which the city does not actually own their park but has received a limited purpose bequest or donation of land which reverts to the donor if the land ceases to be used for a particular purpose. That, however, is a very rare occurrence. Councilmember O'Neill questioned whether the City should obtain an appraisal. Attorney Dean responded it would be prudent, however, there is no requirement in the law that the swap be for greater than equal value. Relative to useable open space, Nielsen stated 29 percent has been tabulated for the site. There is some confusion as to how the land will be subdivided. A minimum of 20 percent of the project will be open space and this figure cannot include driveways or buildings. With respect to the Lan-De-Con Conditional Use Permit, Nielsen was unable to recall a rezoning and noted his belief the zoning goes back prior to the request of Lan-De-Con. He will investigate this matter. Acting Mayor Stover stated compatibility for the neighborhood has generally been considered to mean that it is a similar use and not terribly unusual. Acting Mayor Stover stated the property is openly on the market for sale and could be developed in many ways, including under the current zoning which would still result in increased traffic and increased use of water and sewer systems. Nielsen addressed the issue of setbacks and was uncertain where the setbacks were short other than the Eureka Road side which will be moved to reflect the new right-of-way rather than the existing. Acting Mayor Stover noted the actual location of the buildings will not be determined until the next stage of the process. Ingrid Schaff, 25605 Smithtown Road, stated she is very much in favor of the proposed project. Ms. Schaff produced a flyer which she had received opposing the project. Councilmember McCarty requested copies of the flyer for review by the Council. Ms. Schaff expressed concern relative to Mayor Dahlberg's letter and felt he should have been in attendance at the public hearings which were held. She stated this is not Section 8 housing and she did not feel seniors should have to move out of Shorewood. Steve Frazier, 6125 Seamans Drive, stated no one on Seamans Drive received notice of the public hearing and he stated he did not appreciate being left out of the hearing. Acting Mayor Stover pointed out notices were sent farther than the required notice area. Mr. Frazier stated he produced the flyer referenced by Ms. Schaff and stated the Shorewood One Homeowners Association has been in effect since the last development. Mr. Frazier addressed the issue. of compatibility and felt there must be compatibility with the zoning, square footage and the homes in the area. He did not feel the number of proposed units to be compatible with the area. He felt the area next to Seamans Drive will be the next target which will impact the Seamans Drive neighborhood. Mr. Frazier raised concern relative to traffic and stated a city street has been planned which will be brought to the entrance of the development. He also commented on the corridors to Highway 7 which are going to be closed. Acting Mayor Stover explained the corridor closures are the result of a Highway 7 corridor study which was sponsored by MNDOT. These closures will occur whether or not any development occurs and have nothing to do with the development. CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 5 . Mr. Frazier stated he is opposed to any swapping of park land. He stated he entered into negotiations with Frank Kelly relative to Freeman Park. The agreement was to swap Mr. Freeman's land in exchange for his sewer assessment. Mr. Frazier recalled the agreement prohibits any future Council from selling off Freeman Park or swapping any of the land. With respect to zoning, Mr. Frazier urged the Council not to split the zoning on this project. He also raised the issue of light intrusion. In addition, Mr. Frazier felt there to be a safety issue with only one entrance into the project. Mr. Frazier asked the Council to reject the concept plan and not subsidize or reduce any of the fees for the project. In addition, he asked that no variances be granted. Councilmember O'Neill asked for an explanation of why the fees can be reduced. Nielsen explained the basis for that provision in the ordinance is that seniors have a lessor impact on an area than family housing would. In addition, the people per unit is typically lower as is trip generation and use of sewer and water. In recognition of the lower impacts, the fees for senior housing are reduced. It was also included as an incentive to do senior housing. The reduction in fees would apply only to sewer and park dedication fees. The water assessment is $5,000 per unit or $20,000 per building if municipal water is utilized. Other options would also be available such as owning and operating their own system or connecting to Chanhassen. Sara Lansela, 5925 Eureka Road, urged the Council to take a close look at the wetland delineation which is being staked and keep in mind the amount of drainage which goes into this wetland. She explained the parcels which the City intends to swap are integral to this drainage. Acting Mayor Stover stated this matter will be investigated. . Acting Mayor Stover recessed the meeting at 9:27 p.m. and reconvened at 9:35 p.m. Mr. Gleason stated a wetland delineation has been completed. In the concept stage a delineation is not called for and there are issues which need to be addressed and changes made. He explained the park land swap is not something that has to be done, however, it seemed to make sense. The swap is not necessary for the developer in order to proceed with the project. Mr. Gleason stated at this point he is not looking for final approval. Planning Commissioner Turgeon addressed the requirements of a concept plan. She noted the concerns which are being raised are not new and no additional information has been submitted which the Planning Commission did not have. The issues of wetland delineation, drainage and traffic are all addressed in the recommendation made by the Planning Commission. The development cannot proceed any further until those concerns have been addressed or mitigated. Bob Gagne, 24850 Amlee Road, commented changes will continue to occur and if they had not been made, Shorewood would not be developed to the point it is now. He felt most seniors would be happy living close to the park. With respect to the issue of water, whether a person is for or against municipal water, the City has a current water system which will receive 80 more people who are paying for it. Alvin Wagner, 25720 Old Highway 7, Excelsior, explained he farmed this property and the ravine is not a wetland, but was constructed by him. He explained water will run where the land is low and he has ensured a low area to accommodate drainage. . . . . CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 6 Debra Borkon, 5590 Shore Road, Shorewood, stated this is a very difficult issue, one that has been examined for a very long period of time. Residents in the area have reason to be concerned about the surrounding property and how it will impact their property and how it will affect them. She commented that as the Comprehensive Plan stands now, one stated goal is to develop senior housing. Ms. Borkon stated it is important that the Council recognize they are here as community representatives and the issue has to do with the community and its development. Ms. Borkon stated the issue of senior housing also has to do with children, the way they live in the City, how they mature into adults, possibly relocating here with their family, maturing and possibly wanting to stay here. She stated this is a cycle which is important to the community. This type of housing completes the circle and creates an integral part of the circle which needs to be looked at in more serious way. Ms. Borkon stated with careful planning through the concept stage, these issues can be addressed in a way that is acceptable. She noted approximately nine seniors who are in favor of the project had to leave during the break given the lateness of the hour. Cory Nelson, 5980 Seamans Drive, felt the major issue to be compatibility. He felt the traffic study needs to be addressed now to see if the concept really works. Mr. Nelson felt more study could be done and 20 units would be workable. He felt the people who are in favor of this project do not live in the area. Mr. Nelson commented if there are not services provided on site, the traffic will be closer to that of a townhome development. George Greenfield, 24715 Yellowstone Trail, stated he lives in the area and is in favor of the senior project. He felt the problems the neighbors claim the project will generate are no different than what the other developments generate. Mr. Greenfield stated it is healthy to have community where people are at all stages of life. Mr. Greenfield felt there are those who would like to make Shorewood a gated community for only those who earn in excess of $250,000. Mr. Greenfield remarked the Council only needs to ensure the developer is qualified and will do a quality job. Bud Koch, 22845 Murray Street, expressed concern relative to how many people will be able to afford to purchase a home in this development. Mr. Koch stated he lives in the area and feels this project to be compatible with the area. He remarked the density and compatibility are more consistent with the surrounding area than a two or four story building would be. With respect to traffic, Mr. Koch stated he cannot recall when there has not been a traffic problem in Shorewood. He commented when one problem area is solved, a problem is created in another area. Mr. Koch stated there is no housing available in Shorewood for seniors. Of the senior housing available in other areas, there is an issue of affordability. Kathy McDougle, 25425 Mann Lane, questioned who will determine when the conditions have been met satisfactorily. She felt the issue of traffic must be addressed prior to approving this project. Ms. McDougle felt it to be demeaning to refer to seniors in the sense of traveling less and using less utilities. Ms. McDougle presented the Council with a Petition asking that an environment assessment worksheet be completed. Bill Hardenberg, 5960 Seamans Drive, felt the Seasons development to be a senior housing development and stated there are five units available. There is a total of 24 units with 5 units remaining vacant at this time. He felt if there were a demand for senior housing, these units would be filled. Mr. Hardenberg stated there are two roads entering and exiting the Seasons project, resulting in one exit for 12 units. The proposed development plans on one outlet for 80 units which he felt would result in a tremendous increase in traffic. . . . CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 7 Mr. Hardenberg recalled the model unit at the Seasons contained signatures of everyone who has visited the project. There were 90 signatures since the first of the year consisting of one signature from Shorewood, six from Excelsior and 83 from out of town. Acting Mayor Stover pointed out the units at the Seasons are for residents 55 and over and sell for a much higher price. Keith Monjack, 6140 Pleasant Avenue Shorewood, felt this to be a wonderful project, but too many units on a small piece of land. He felt if half as many units were proposed, the neighborhood would find it acceptable. Mr. Monjack stated the senior population is not one particular group of people with one set of needs. He pointed out many are still working and many travel more than some other groups of people. He felt it would be appropriate to add another entrance given the number of units. Jim McDougle, 25425 Mann Lane, commented on the Seasons project and noted $185,000 to be the base price. He stated he is not against senior housing, but is against high density for this area. Mr. McDougle commented there is an issue with density no matter what goes into this area because roads, water and traffic are impacted by this density. He felt the neighborhood would be in favor of something closer to 50 units. Mike Agnew, 6065 Eureka Road, asked if this is a second home being subsidized for the seniors when they leave during the winter months. He expressed concern relative to closing the exit out of Freeman Park. Mr. Agnew stated the density on Eureka will be increased even though it is already dangerous. Mr. Agnew was upset he had not been notified of the public hearing. He stated he is opposed to senior housing in Shorewood and felt it should be addressed in cooperation with other municipalities. He did not believe any of the requirements of the study are being met by this project. Councilmember O'Neill explained that MNDOT is closing the exit to Freeman Park and this is being done because of the bend in the road which MNDOT has determined to be unsafe. Paul Plate, 25405 Mann Lane, felt high density results in more traffic and results in a danger to children in the area. Jim Merdes, Glenn Lake, stated he is a former resident who would like to return to Shorewood. With respect to high density, he suggested the residents view the project in Brooklyn Park which is on the same acreage and does not reflect high density. Mr. Merdes commented he does not come and go during peak hours because he doesn't have to. Mr. Merdes urged the Council to consider the needs of the future for higher density, less square footage, and maintenance free housing which allows the leisure to do what you want. Acting Mayor Stover closed the public comments at 10:31 p.m. Councilmember McCarty commented on promoting the quality of life and asked that everyone consider who built the community. If affordable housing can be provided, she stated she would like the Council to do it. Councilmember McCarty pointed out Dial-A-Ride services are available and she did not feel the seniors will be isolated. The Planning Commission and previous Councils have considered this type of project and she stated she would vote in favor of the project. . . . CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 8 Councilmember Garfunkel did not feel anyone on the Council to be opposed to senior housing. He stated there is a need for senior housing, however, the question is whether this is the right project and the way it should be done. Councilmember O'Neill commented that although he is opposed to high density, the seniors who have given their support to the project have moved him greatly. He noted there are many issues which need to be addressed and he would like to further investigate this matter. He did not feel prepared to vote on this issue at this time. Acting Mayor Stover preferred the reference to lifestyle change rather than senior housing. She noted previous Councils have been very supportive of the concept of senior housing in Shorewood. The problems which need to be addressed will be worked out in the development stage of the project and will come before the Council again for approval. Acting Mayor Stover explained if the project is stopped now, there is no option to look into it to see if it is a possibility. She commented when addressing affordability, a dollar fIgure should be utilized rather than the word "affordable." Acting Mayor Stover stated she very strongly supports this project and, if it is approved, it will come before the Council in three weeks at which time the Mayor will be in attendance. Councilmember McCarty requested the Fire Marshal be consulted relative to whether or not one entrance is adequate for the development. She also pointed out she lives in the area and would be affected by this development as well. Acting Mayor Stover pointed out the City has always tried to accomplish a number of objectives in cooperation with other communities and did not feel it was ever intended the project would be exclusively for Shorewood. McCarty moved, Stover seconded directing Staff to prepare Findings of Fact regarding Concept Plan Review of Planned Unit Development for Senior Housing Community for Eaglecrest Northwest, 25600 Highway 7 and 6140 Eureka Road. Motion passed 3/0. (Councilmember O'Neill abstained.) There was a request from the audience for public input at the time this matter is next considered. Councilmember Garfunkel stated he would hope the public input would be for the purpose of presenting new information. Acting Mayor Stover recessed the meeting at 10:47 p.m. and reconvened at 10:54 p.m. 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION AND LEVYING FOR WATERMAIN SPECIAL ASSESSMENTS - MARSH POINTE (This item was removed from the agenda and replaced with the following.) CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ACCEPTING A PETITION FOR LEVYING OF W ATERMAIN SPECIAL . ASSESSMENTS, DECLARING COSTS TO BE ASSESSED, ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL AND ORDERING AN ASSESSMENT HEARING FOR MARSH POINTE SUBDIVISION Attorney Dean explained the Assessment Hearing has been set for October 27, 1997, at 8:00 p.m. . Cn'y COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 9 . McCarty moved, O'Neill seconded adopting RESOLUTION NO. 97-80, "A Resolution Accepting a Petition for Levying of Watermain Special Assessments, Declaring Costs to be Assessed, Ordering Preparation of Proposed Assessment Roll and Ordering an Assessment Hearing for Marsh Pointe Subdivision" Motion passed 4/0. 8. CONSIDERA TION OF A MOTION TO ADOPT A RESOLUTION RECOMMENDING TO THE MINNEHAHA CREEK WATERSHED DISTRICT DENIAL OF A VARIANCE REGARDING PROPERTY KNOWN AS 5400 EUREKA ROAD Mr. Evan Meline, P.O. Box 14, Wayzata, was in attendance. He explained he has an option on the property and he felt that to be acceptable to the Watershed District. Mr. Meline was opposed to the wording of the resolution based upon the engineer's findings and those of the landscape architect. Mr. Meline stated there is only one tree which will be removed rather than extensive tree removal as referenced in the resolution. Councilmember O'Neill pointed out a property line survey has not been completed and it is difficult to determine where the mitigation is going to be. . Mr. Meline stated the property line is marked on the plan and commented it may not be marked on the property because some of the neighbors may have moved the stakes. Councilmember O'Neill pointed out Mr. Meline has placed property stakes on Councilmember O'Neill's property which are across the property line. Nielsen stated the last plans the City has received clearly indicate they are not a boundary survey. Attorney Dean explained each of the points raised in the resolution were points mentioned at the informational meeting of September 15, 1997. These issues were addressed by individuals at that meeting and stated facts such as the ones indicated in the resolution did exist and because of those concerns, the Council directed this resolution be prepared putting the Watershed District on notice of those concerns. Mr. Meline asked that the record reflect the statements in the resolution are summarily incorrect and that the City has no engineering facts, simply opinions. Attorney Dean suggested when Mr. Meline address the Watershed District that he be able to support his comments with engineering data and other supporting materials. Acting Mayor Stover did not believe any of the statements were made in absolute fact, but are issues the City would like the Watershed District to address. Attorney Dean felt the resolution to be a reasonable interpretation of the information which was presented at the informational hearing. Greg Larson, 25535 Orchard Circle, noted he had requested the City to join with the neighborhood association in asking the Watershed District to reject the mitigation plan. Mr. Larson explained the permit being requested has many damaging aspects which include the damage which occurs through the filling process. A long strip of natural vegetation will be eliminated. A variance is also requested relative to driveway buffer requirements. Mr. Larson stated if the Watershed District does approve the plan, the neighborhood group will legally appeal that decision. . . . . CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 10 Councilmember O'Neill felt there to be a fair amount of vegetation which will be eliminated for the mitigation. Garfunkel moved, O'Neill seconded adopting RESOLUTION NO. 97-81, "A Resolution Recommending to the Minnehaha Creek Watershed District Denial of a Variance Regarding Property Known as 5400 Eureka Road." Motion passed 4/0. 9. CONSIDERATION OF A MOTION TO ADOPT AN ORDINANCE . ESTABLISHING A SPEED LIMIT ON THE LRT (REGIONAL TRAIL) It was noted two suggested ordinances have been prepared for Council consideration, one for 10 mph and one for 15 mph. The other option is to leave the speed limit at 20 mph as currently set. Councilmember O'Neill stated that having talked to Officer Keller as well as a number of residents and the prosecuting attorney, he would be in favor of leaving the speed limit at 20 mph, but would suggest following the prosecutor's recommendations that any speed over 5 mph be prosecuted. It was pointed out only one citation was contested and it was indicated that was not for speeding. Acting Mayor Stover noted it would be necessary to re-educate the public to a new speed limit. In addition most of the citations where issued to nonresidents. Councilmember O'Neill suggested using larger signs. Councilmember Garfunkel felt the speed limit should be set where the Council wants it and enforce it and not set it at a lower speed with the hope of achieving a particular speed limit. Duane Laurila, 5595 Eureka Road, did not feel snowmobiles should be on the trail, however, if they are permitted, then A TV s should also be allowed. He did not feel the trail to be a safe environment in which to walk. Mr. Laurila felt no matter what the speed limit is, the issue is whether the police will enforce this speed limit. Councilmember O'Neill stated this has been addressed and this will not be an issue this year, however, he stated he will not try to second guess the officer who is out and dealing with a particular case. Mr. Laurila felt the speed limit should be set at 10 mph. Acting Mayor Stover noted the speed limit on the streets for snowmobiles is 10 mph. Dave Wright felt the police to be doing their job. He felt the survey reflected most people in Shorewood still want snowmobile use on the trail. Mr. Wright felt four or five people to be doing 90 percent of the complaining. He felt 20 mph to be an appropriate speed. Mr. Wright felt that pedestrians are the only ones who are safe on the trail. Councilmember O'Neill suggested Chief Young be advised to enforce at lower speeds than last year and follow the suggestions of the prosecutor. It was the consensus of the Council to leave the speed limit as currently set at 20 mph. A . Consideration of a Motion to Authorize a Contribution of Funds to the Mound Fire Department for the Purchase of a Night Vision Iris Stover moved, McCarty seconded authorizing a contribution of $455 to the Mound Fire Department for the purchase of a Night Vision Iris. Motion passed 4/0. . CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 - PAGE 11 10. . ADMINISTRATOR & STAFF REPORTS . A. Staff Report on Development Monitoring Watten Ponds Nielsen reported preliminary tree preservation plans have been received for some of the lots in Watten Ponds. Two were approved, modifications were requested on one and one was rejected. It is anticipated construction will begin in the next several weeks. The developer of the Watten Ponds project has requested a reduction in his Letter of Credit. This is being held pending his repair of tree protection fencing where indicated by staff. This has not been completed, therefore the Letter of Credit is being held and will not be released until he complies. Smithtown Meadows Nielsen reported a letter will be sent within a day or two advising the developer that he is in default of the required improvements aspect of the development agreement and, therefore, his Letter of Credit will not be released. If the developer does not complete the work, the City will take this over. The work remaining includes site restoration and landscaping. Shady Island Bridge . Engineer Brown reported on the Shady Island Bridge. Construction is proceeding and half of the bridge has been removed. During this time of construction, the bridge has been reposted for very light loads. Brown noted the school district has complied by utilizing van transportation. He noted refuse collection could be affected by this restriction, however, notices have been sent out to keep the residents informed. Brown noted emergency vehicles will be able to access the bridge. The Fire Department was advised to travel slowly and there should not be a problem. Brown reported in looking at alternatives for removing the old pilings, it may be necessary to close the bridge to traffic for four hours. The residents will be notified and preparations will be made relative to safety and emergency situations which could arise. Acting Mayor Stover asked whether a temporary sign could be posted to inform the residents of this closure. Brown stated a large road sign indicating the date and time will be posted. Notices will be mailed as well. Brown stated there is a concern for homeowners who heat with oil or LP gas and accommodations will need to be made. Councilmember Garfunkel questioned whether the four hour closure could expand into a larger amount of time. Brown stated this will not be allowed to occur. Brown also stated alternatives have been considered, however, they would add up to significant change orders. B . Regional Forum of Local Officials Hurm announced the Regional Forum of Local Officials will be held on Monday, September 29, 1997, at the Southshore Senior Community Center from 7:00 p.m. to 9:00 p.m. . . . . ~ << CITY COUNCIL REGULAR MEETING SEPTEMBER 22, 1997 . PAGE 12 11. MAYOR & CITY COUNCIL REPORTS Acting Mayor Stover stated she would like to have the issue of meeting with the trail residents added to a Council agenda. Councilmember McCarty stated it is too late for this season, but this should be considered prior to the 1998/1999 season. 12. ADJOURNMENT Garfunkel moved, O'Neill seconded adjourning the meeting at 11:50 p.m. subject to the approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: