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081098 CC Reg Min . . . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, AUGUST 10, 1998 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:04 p.m. He announced the Council will adjourn to an Executive Session at the conclusion of the regular meeting and to a work session meeting at the conclusion of the Executive Session. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, O'Neill, Garfunkel and Champa; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen; Engineer Larry Brown; Finance Director AI Rolek Review Agenda B. Mayor Dahlberg read the Agenda for August 10, 1998. The agenda was approved as submitted. 2 . APPROVAL OF MINUTES A . City Council Regular Meeting Minutes - July 27, 1998 Garfunkel moved, Stover seconded approving the City Council Regular Meeting Minutes for July 27, 1998, as amended on Page 6, Item No.7, Paragraph 2, Sentence 2, change "200" to "20." Page 7, Paragraph 5, Sentence 2, change to read, "even though it may not be totally effective . . ." Motion passed 5/0. B. City Council Work Session Meeting Minutes - July 27, 1998 The City Council Work Session Minutes for July 27, 1998, were approved as submitted. 3. CONSENT AGENDA Stover moved, Garfunkel seconded approving the items on the Consent Agenda and Adopting the Resolutions therein: A. A Motion Adopting RESOLUTION NO. 98-075, "A Resolution Making Election Judge Appointments for Primary and General Elections" B. A Motion Adopting RESOLUTION NO. 98-076, "A Resolution Accepting Bids and A warding Contract for 1998 Bituminous Overlay Project 98-03" Motion passed 5/0. 4. MA TTERS FROM THE FLOOR - None . . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 2 5. PARKS - Report by Representative A Motion Accepting the Proposed Tournament Policy Councilmember Stover inquired whether the indemnity and hold harmless clause is included in this policy. Attorney Dean explained whether there is an indemnity provision or not, in the case of a lawsuit, there is a fair likelihood the City would be served. Because the organizations are required to have insurance, the insurance would provide defense and protect the City. Administrator Hurm pointed out this policy does not cover the normal season end tournaments, but is for special tournaments. Dahlberg moved, O'Neill seconded accepting the Tournament Policy. Motion passed 5/0. 6. PLANNING - Report by Representative Planning Commissioner Collins reported on the matters considered and actions taken at the August 4,1998 meeting of the Planning Commission (as detailed in the minutes of that meeting). 7. CONSIDERATION OF A MOTION REGARDING REQUEST FOR STOP SIGN AT INTERSECTION OF MAPLE LEAF CIRCLE AND SHOREWOOD OAKS DRIVE Councilmember Garfunkel noted the stop sign was removed and placed at another location. He inquired whether the second location is actually a preferable location. He pointed out there have been many changes to the neighborhood since the sign was moved. Councilmember Stover commented the neighborhood should be reviewed as it exists today, almost fully developed, to determine the appropriate placement of stop signs. She noted there are probably stop signs in the area which should not be moved. Engineer Brown reviewed the traffic study which was performed on Shorewood Oaks Drive and reported the 85th percentile, which is used by the State to establish speed limits, was 24 miles per hour. The average number of vehicles per day were 290 and the total vehicles over a four day period were 1,158. There were 11 vehicles traveling in excess of the speed limit in this area. Heather Garibaldi, 6080 Burlwood Court, noted a number of the surrounding neighborhoods have speed limits of 20 and 25 miles per hour and inquired why the speed limit in the Shorewood Oaks Drive area is 30 miles per hour. Brown explained the Commissioner of Transportation is responsible for setting local speed limits and, if so inclined, the Council could request a speed limit less than 30 miles per hour. To do this a resolution would need to be submitted requesting the Commissioner of Transportation conduct a speed study. He commented the Commissioner has the option of either accepting the data compiled by the City or conducting a new study. Attorney Dean explained once a request is received from the City, the Commissioner of Transportation will complete its own traffic study and set a speed limit based on the outcome of that study. Councilmember Garfunkel noted it is possible the Commissioner would use the data collected by the City through the recent traffic study. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 3 . Mayor Dahlberg commented the issue is actually the five or six cars which are violating the speed limit in this area. Jim Gemmill, 26245 Oak Leaf Trail, commented when the sign was moved, it diverted traffic equally to both sides of the neighborhood. He expressed his belief if the stop sign is relocated to Maple Leaf Circle, all of the traffic will be diverted to Oak Leaf Trail. Mr. Gemmill felt if the entrance to Highway 7 were closed, traffic would be greatly reduced. Councilmember O'Neill commented if this entrance were to be closed, it would have a significant impact on Strawberry Lane. Mayor Dahlberg questioned whether the issue is the amount of traffic or the speed of traffic. Shelley Fletcher, 26130 Oak Leaf Trail, stated it is not so much the amount of traffic as it is the speed of the traffic. She felt the stop sign on Burlwood to be a good location. Ms. Fletcher did comment on an excessive amount of cut through traffic in this area. . Lisa Levine, 26325 Oak Leaf Trail, felt cars coming around the corner of Oak Leaf Trail to be a significant issue which will be made worse by removing the stop sign from Oak Leaf Trail and Shorewood Oaks. She noted the traffic in the area has increased greatly in the past several years. Ms. Levine felt the amount and the speed of the traffic to be significant issues. Councilmember Garfunkel asked if there would be a way to determine the amount of cut through traffic in the area. Brown explained a study can be conducted in which license numbers are recorded from each end of the development to determine what number of cars are utilizing this area for cut through purposes. Councilmember Garfunkel noted there are perceptions and reality and he stated it is important to determine what the reality is. He pointed out 85 percent of the traffic in this area was traveling at 24 miles per hour or less. Councilmember Champa pointed out the majority of traffic passes through this area between 5:00 and 6:00 p.m., presumably on their way home from work. Ms. Garibaldi pointed out this is not a good time for a traffic study since school is not in session and many residents are away on vacation. Mayor Dahlberg noted the traffic situation may be a product of the growth of this area. He felt at this point it would be important to determine the amount of cut ~hrough traffic. Gela Kantro, 26205 Oak Leaf Trail, inquired how the cut through traffic could be reduced. Mayor Dahlberg stated this could be an effort coordinated with the work being completed by MNDOT relative to the Highway 7 access points. Andrew Fletcher, 26130 Oak Leaf Trail, stated he would be open to exploring ways in which to reduce the speed of traffic on Oak Leaf Trail. He noted without sidewalks in the area, the children walk and rollerblade in the streets. He felt the speed of 24 miles per hour is too fast for young children who are in the area. Councilmember Stover asked whether the residents are desiring sidewalks. The Fletchers stated they are very much in favor of sidewalks. . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 4 . Ms. Levine inquired what it would take to get sidewalks. She stated over the past four years, she has discussed this with the neighbors and felt it would be useful to have one sidewalk which would circle through the area. Mayor Dahlberg asked the residents to carefully consider mixing bicycles and rollerbladers with walkers on a narrow sidewalk. If utilizing a wide sidewalk, he suggested checking with the neighbors to determine their willingness to have a sidewalk which would involve the front of their property. Ms. Kantro noted there are portable speed bumps and asked whether these would be an option. Mayor Dahlberg noted speed bumps are a difficult option given the legalities involved. Mayor Dahlberg inquired whether there would be support on the Council to determine the amount of cut through traffic in this area. Councilmember ONeill noted the traffic cannot be diverted to a service road and it will be necessary to complete a detailed study to determine the amount of cut through traffic in this area. Councilmember Stover pointed out some of this traffic will be local cut through traffic. Brown felt an origin destination study would be the best way to determine the amount of cut through traffic in this development. He pointed out the beginning of Strawberry Lane construction would impact this study and he suggested waiting until Strawberry Lane is completed and school is in session to obtain an accurate study. . Councilmember Champa noted the residents in attendance are in favor of the stop sign remaining in its present location. Councilmember O'Neill suggested directing staff to make a request of the Commissioner of Transportation to reduce the speed limit on Shorewood Oaks Drive to 25 miles per hour. Councilmember Stover felt this request should wait until the speed study on Oak Leaf Trail has been completed and then make application for reduced speed limits on both streets at one time. Dorthy Croskey, 26265 Oak Leaf Trail, pointed out the existing stop sign is also a bus stop for the school children. Councilmember Stover felt in comparing the traffic on Shorewood Oaks Drive and Oak Leaf Trail, the circumstances should be as similar as possible to obtain the most accurate results. She suggested the existing signs remain in place until all information gathering has been completed. Councilmember Champa suggested in trying to lower the speed limit, signs could be posted indicating 25 miles per hour even though this speed limit would not be enforceable. He felt this would slow down the traffic in the area. Councilmember Stover noted her belief the Commissioner of Transportation will conduct a separate study prior to establishing a speed limit for these areas. She pointed out if the State establishes a speed limit less than 30 miles per hour, this would be a defensible limit. Ms. Levine questioned who would pay for the cost of a sidewalk. Hurm stated this would be an assessment situation. Attorney Dean commented people on both sides of the area would probably be assessed. The area away from the cul-de-sac and on the main street probably would not be . assessed unless it were determined they would receive a special benefit from the sidewalk. CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 5 Ms. Levine inquired relative to the possible costs involved. Mayor Dahlberg stated if a consensus . can be developed relative to a rough plan, staff could then estimate the costs involved. It was the consensus of the Council to complete an origin destination study once the construction on Strawberry Lane has been completed and school is in session. Staff will return with a resolution relative to the speed limits on Shorewood Oaks Drive and Oak Leaf Trail for the Council's consideration. Mayor Dahlberg commented when investigating the sidewalk issue in the neighborhood it will be important to ask the individual households whether they are agreeable to sidewalks in their own front yard. Ms. Fletcher inquired whether the sidewalk issue would require a 100 percent petition. Councilmember O'Neill stated he would like as much of a majority as possible. Consideration would then have to be given relative to how much the sidewalk would be imposing on an individual's property rights, however, he would not be inclined to let two or three people hold up the project. Stover moved, Champa seconded to not move any stop signs in the Shore wood Oaks Development until the studies have been completed and until notice has been given to the list of people who have been receiving notice relative to this issue. Councilmember O'Neill commented relative to the origin destination study that there is no viable solution to the cut through situation without moving the traffic to another roadway. Vote on motion: Motion passed 4/0. (Mayor Dahlberg abstained.) . Mayor Dahlberg commented he did not like the way it was done the first time. 8. ACTION REGARDING STRUCTURE AT 5615 EUREKA ROAD A . Consideration of an Order Finding Hazardous Conditions Nielsen reported the Hermans are willing to consent to a condemnation which will expedite the process and eliminate the need to amend the Code. The Hermans have offered to allow the Fire Department to utilize this structure for a test burn. Dahlberg moved, Stover seconded approving the Order finding Hazardous Conditions at 5615 Eureka Road. Motion passed 5/0. B . Consideration of an Order to Secure a Hazardous Building Dahlberg moved, Champa seconded approving the Order to Secure a Hazardous Building. Motion passed 5/0. 9. CONSIDERA TION OF A MOTION REGARDING THE 1999 SOUTH LAKE MINNETONKA PUBLIC SAFETY DEPARTMENT BUDGET . Chief Rick Young was in attendance along with Brian Litsey. Chief Young reported this budget has been reviewed with the various city administrative staffs and the recommendations of the Coordinating Committee have been incorporated into the budget. Chief Young noted the City of Greenwood has approved the budget and he will be meeting with Tonka Bay and Excelsior to obtain their approval as well. . . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 6 Administrator Hurm explained he is hopeful the City will obtain an extension on a Federal Grant which would reduce the City's cost by $25,000. Councilmember Stover noted the budget did not include a wage increase. Chief Young explained while no increase was included, there will be funds available. Stover moved, O'Neill seconded approving the 1999 South Lake Minnetonka Public Safety Department Budget. Motion passed 5/0. 10. CONSIDERATION OF A MOTION APPROVING A CONTRACT FOR TELECOMMUNICA TIONS CONSULTANT O'Neill moved, Garfunkel seconded approving a contract for a Telecommunications Consultant subject to the right to rescind the approval following the meeting with the individual. Motion passed 5/0. 11. CONSIDERA TION OF MOTIONS REGARDING FINANCE DEPARTMENT IMPROVEMENTS A . A Motion Accepting Quote for Financial Software Improvements and Authorization to Purchase Councilmember Garfunkel commented the financial software improvements were budgeted in the Capital Improvement Program. Garfunkel moved, Champa seconded accepting the quote for financial software improvements and authorizing purchase. Motion passed 5/0. B . A Motion Accepting Quote for Hardware and Authorization to Purchase Councilmember O'Neill inquired with respect to the reference in the Preliminary Investment Summary indicating the price does not include travel, lodging and meal expense. Finance Director Rolek explained the equipment is not being purchased from this particular vender. In addition, that particular reference pertains to the training portion of the estimate rather than the hardware and software installation. Garfunkel moved, O'Neill seconded accepting the quotes for hardware and authorizing purchase. Motion passed 5/0. C . A Motion Accepting Quote for Installation and Configuration 0 f Hardware from On-Line Matrix Champa moved, Stover seconded accepting quote for installation and configuration of hardware from On-Line Matrix. Motion passed 5/0. . . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 7 12. ADMINISTRATOR AND STAFF REPORTS A. Staff Report on Development Monitoring Planning Director Nielsen reported there has been very little aCtiVIty on the Watten Ponds Development site. The developer is in the process of removing downed trees in order to restore the fencing. A complaint was received that the trees were being hauled out and placed on the vacant area on Lots 1 and 2 and then being hauled away at a later time. It is expected the fencing situation will be corrected this week. Nielsen reported quotes are still being obtained relative to work on the Smithtown Meadows Development. The City has collected on the developer's Letter of Credit and he has been instructed that funds will be released for any work the developer completes prior to the City. B . Report on Shoreline Messages Hurm reported a message was received in July expressing concern for people using the trail in the Eureka Road area and vehicles traveling on Eureka Road not always stopping and giving the walker or biker the right of way. It was suggested something be included in the newsletter relative to this issue. Hurm also mentioned it may be appropriate to speak with the County Assessor's Office and he suggested meeting with them on either August 18, 19 or 20th. Mayor Dahlberg and Councilmember Champa stated they would prefer to meet in the morning. It was agreed to meet with representatives of the Assessor's Office on August 18, 1998, at 8:00 a.m. C. Engineer's Report on Petition Received from Shady Island Homeowners Association Brown explained the bridge has been completed. The Shady Island Homeowners Association would like to know when the island's roads will be resurfaced, bringing them up to the standard of the new bridge surface and that of Enchanted Lane which leads up to the bridge. Brown explained he will be performing a revised pavement inventory which will be shared with the Homeowners Association. This was agreeable to Mr. Delaney, President of the Association. 13. MAYOR & CITY COUNCIL REPORTS Councilmember Champa commented on the message which was received relative to the trail crossing at Eureka Road and stated he has witnessed the same things, however, there have also been instances of bicyclists coming down the trail and not stopping for the stop sign. He suggested something be done to help this area. Brown explained the Park Commission suggested reviewing all of the trail crossings and making some better delineation. He explained the City has contracted with a striper to do this work once the area has been sealcoated. Councilmember O'Neill suggested the Council discuss the possibility of purchasing a second snowmobile as some point. He noted this issue was raised by Chief Young and Officer Keller. Councilmember Champa expressed his agreement and it was decided this issue will be added to a future agenda for discussion. 4 ,~ . . . CITY COUNCIL REGULAR MEETING MINUTES AUGUST 10, 1998 - PAGE 8 Mayor Dahlberg reported a letter was received from Arden Harrison relative to the dog ordinance pointing out there are a number of cats in the area. This matter was referred to Administrator Hurm and Mayor Dahlberg stated he would like to discuss whether or not policies in the ordinance apply to cats as well as dogs. 14. ADJOURNMENT Stover moved, Garfunkel seconded adjourning the regular meeting to Executive Session at 9:04 p.m. subject to the approval of claims and to be followed by a Work Session. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. , MAYOR JA L C. HURM, CITY ADMINISTRATOR