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080392 CC Reg Min ,. . .. . -. ,.",. . . . CITY OF SHOREWOOD CITY COUNcn.. MEETING MONDAY, AUGUST 3, 1992 MINNEWASHTA SCHOOL 26350 SMI1HTOWN ROAD 7:00 P.M. MINUTES 1. CONVENE CITY COUNcn.. MEETING The meeting was called to order by Mayor Brancel at 7:00 p.m. A. ROIL CAlL Present: Mayor Brancel; Councilmembers Daugherty, Gagne, Lewis and Stover; Administrator Hurm, Acting Engineer Bray, Attorney Keane, Planner Nielsen and Finance Director Rolek. B. REVIEW AGENDA Mayor Brancel requested that "Matters from the Floor" be designated item number 7 and added to the Agenda designated item number 7 and that "Staff Reports" be re-numbered 8, "Council Reports" be re-numbered 9, and "Adjournment Subject to Approval of Claims" be re-numbered 10. Gagne moved, Daugherty seconded to approve the Agenda for August 3, 1992 with the addition of "Matters from the Floor" and the resulting re-numbering of the Agenda. Motion passed 5/0. 2. APPROVAL OF MINU1ES A. City Council Meeting - July 13, 1992 Stover requested the following editorial changes in the Council meeting minutes of July 13, 1992: Page 6: "Dick Mahaffey, 6020 Chestnut Court: Support the proposal hY1 don't change the road. Access is needed to provide emer~en~ services as Quickly as possible." Page 8, 6th paragraph: Stover asked for clarification at what point in the process the P.D.D. is actually amended. Keane responded that the Deo;eloper's Agreement v;ould bind Ryan/Byerly's iHto the overall developmeHt. the P.D.D. is not technically amended until final plan approval. Stover asked if the P.D.D. Atp"eement could specifically require a Byerly's store. Keane responded that at the time of approval of the P.D.D. the Developer's A~reement would bind Ryan/Byerly's into the overall development. but that this condition may be impossible to enforce 5 to 10 years later if Byerly's were to be acquired or out of business Page 8, last paragraph: "Stover asked whether the City has a letter of intent or , . . . . " written statement from Byerly's. Nielsen stated the City has DQ1 requested such a letter." Page 11, Mayor's Report, add a line: ''The Council generally agreed that the Police Department should stay intact as it currently is." (Changes underlined) Gagne moved, Daugherty seconded to approve the City Council Minutes of July 13, 1992 with the changes requested by Stover. Motion passed 5/0. B. Motion Correcting Minutes of the June 22, 1992 City Council Meeting Mr. Hurm brought the Council's attention to corrections to be made to the June 22 Council meeting minutes to reflect the intent of the Council: Page 3: Item 5 - PLANNING Stover reported that the Planning Commission continued discussion on the Waterford ill-Ryan Construction Company proposal at its June 16, 1992 meeting. Action taken by the Commission included recommending to the Council that Old Market Road remain as it is and not be changed to any of the options presented in Ryan's proposal (vote was 7-0) and recommended that the Council deny approval of Ryan's proposed Waterford III development which would require amendment of the current Comprehensive Plan and P.U.D. (vote was 5-2. Leslie and Malam: nay). Page 6: Item 12 - STAFF REPORTS D.l. Administrator's Report: The Council referred this matter to the Plannin~ Commission for a study and recommendation. (Corrections underlined) Stover moved, Gagne seconded to approve the corrections to the June 22, 1992 Council minutes as outlined above. Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for August 3, 1992. Gagne moved, Stover seconded to approve the Consent Agenda and to adopt the Motions and Resolutions therein: A. 1993 Animal Control Contract. B. 1993 Assessment Contract - Rolf Erickson. C. Resident Request for Block Party - Brentridge Drive. D. RESOLUTION NO. 69-92 "A Resolution Authorizing the Mayor and City Administrator to Execute Subrecipient Agreement with Hennepin County for the Urban Hennepin County CDBG YEAR XVIII-92." E. A Motion to Approve Pay Voucher No.2 - Rochon Corp - Shorewood Public Works Facility. 2 , . CITY COUNCIL MINU1ES AUGUST 3, 1992 - PAGE 3 . F. RESOLUTION NO. 70-92 "A Resolution for Extension to Record Subdivision"- Tom Doherty property, 20375 Manor Road. Motion passed 5/0. 4. PARK A Report on Park Commission Meeting - July 14, 1992 Mr. Steve Dzurak, Park Commission liaison, reported that at its July 14 meeting, the Commission discussed the snowmobile status and noted that only one complaint was received last year. The Commission conducted the annual Park tour and discussed the proposed maintenance schedule and worked on the Park capital improvement plan and Dzurak noted that upon its completion it will be forwarded to the Council. He noted that grading is completed at the Silverwood Park. He pointed out that although the Park Commission has not been asked to comment on the Waterford ill proposal, it would probably recommend that the area not be developed due to its proximity to Silverwood Park. 5. PlANNING A Report on Planning Commission Meeting - July 21, 1992 . Stover reported that at the Planning Commission's July 21 meeting representatives of the Minnetonka School Board and its architects presented a proposal for an addition to the Minnewashta School, 26350 Smithtown Road. Two issues - drainage and parking - were of particular concern to the Commission and therefore the Commission tabled action for two weeks on the proposal in order to obtain additional information. As part of the Commission's work on the Transportation Plan, a representative from Southwest Metro Transit made an informational presentation at the meeting. Stover reported that the Commission will continue its study of the Transportation Plan after its meeting with the Council members. B. Review and Take Appropriate Action on MnDot Correspondence and Staff Issue Paper C. A Resolution Approving a Comprehensive Plan Amendment for Waterford III D. Motion Directing Staff to Draft a Resolution Regarding Concept Stage (PUD) Amendment Mr. Keane stated that the above items relate to the proposed Waterford III development. He noted that staff has prepared an issue paper on the Transportation issues particularly . as they relate to MnDot (Item B.) and that Item C. was tabled at the July 13 Council 3 " \ . CITY COUNCIL MINU1ES AUGUST 3, 1992 - PAGE 4 . meeting. He pointed out that action on the Comprehensive Plan (Item C) is required before action is taken on the P.U.D. (Item D.) It was noted that amendments to the Comprehensive Plan and the P.U.D. require 4/5 action by the Council. In addition, Mr. Keane reported the receipt of the Environmental Assessment Worksheet Petition from the Environmental Quality Board which requires the City to make a determination whether the project and related transportation plans have the potential for significant environmental concerns. He suggested this matter be considered at the Council's August 10 meeting. Mayor Brancel called for comments from the Council members. A petition was presented and accepted for the record from residents in opposition to the Ryan proposal. Stover displayed maps showing the locations of the 596 signatures representing 404 households opposed to the proposal and the locations of the 121 signatures representing 94 households supporting a Byerly's and Option C configuration for Old Market Road. . Gagne stated that after serving on the Council for 12 years he will not be running for reelection and that he will make a decision on the Waterford proposal in the best interests of Shorewood. He thanked those citizens who have contacted him. Gagne stated he had previously indicated he would vote for the proposal with or without Option C; however after further study he concluded this proposal is too large for Shorewood. He suggested that a selected parcel of the property possibly could be used for senior citizen housing. He acknowledged that at some point the property will be developed and suggested taking another look at a smaller commercial development and more residential development. He . indicated he is unwilling to vote for a Byerly's with the road changed. Lewis made a motion that the Council will not consider a development plan for amending the P.U.D. that will result in a re-configuration of Old Market Road. (The motion failed for lack of a second). Daugherty reviewed how Option C (the re-configuration of Old Market Road) became a part of the proposal. He commented on the effect of additional traffic in the neighborhoods. He stated he was not opposed to a Byerly's per se, but was opposed to the overall size of the project that includes other businesses besides the Byerly's store. He stated that discussion should be directed to downsizing the project to an acceptable level. He indicated that Ryan and Byerly's appear to be a top notch outfit and that he would not want a strip mall approved for the property. Lewis commented on the collector street vs. regional street status of Old Market Road He asked whether MnDot funds will be in jeopardy. Hurm responded that according to recent information from MnDot, it appears that funds could be in jeopardy, however a final determination cannot be made at the present time. Lewis felt that in 1984 it was not the Council's intent that Old Market Road be a regional street. Lewis indicated he would not vote for the proposal because the traffic would be too much of a burden and other streets . would have to be upgraded. 4 o. - 0 CITY COUNCIL MINUTES AUGUST 3, 1992 - PAGE 5 . Stover moved, Gagne seconded to amend the Comprehensive Plan to reflect that Old Market Road will be re-configured as outlined in Option C of the proposed amendment to the Waterford m P.UD. Motion failed 3/2. Gagne and Stover voted nay. Daugherty proposed that the Council consider whether it would be worth looking at something that would include only Byerly's. He said a smaller commercial development would lessen the potential traffic increase. He suggested that modifications to this proposal based on input from the community may result in something agreeable. Stover stated it was not up to the Council to ask the Developer to amend his proposal or to negotiate any other options. Stover noted that the Developer may wish to withdraw this proposal and come back with another one; however the Council's responsibility now is to respond negatively or positively on the proposal before them. Stover moved, Gagne seconded to amend the Waterford P.U.D. to reflect that Old Market Road will be re-configured as outlined in Option C of the proposed Waterford m amendment. . Motion failed 3/2. Stover and Gagne voted nay. Mr. William McHale, Vice President, Retail Development, Ryan Construction Company, stated that eight weeks ago Ryan had looked for direction from the Council. He understood from the Council the proposal had merit and Ryan has already made modifications to the original proposal. He indicated Ryan would look further at modifying the proposal. However, he pointed out that, any substantial down-sizing of the proposal will require negotiation with the current property owner. McHale requested the Council's clarification as to whether modifications would in fact make a difference. Stover reminded Mr. McHale that at a Public Hearing, he had stated that down-sizing of the development proposal was not an acceptable option for Ryan. McHale responded that Ryan has changed its view on this. Stover indicated nevertheless, she would not support a down-sized project. Daugherty moved, Brancel seconded that the developer be asked to submit a revised down- sized proposal to the Phmning Commission. Motion passed 3/2. Stover and Gagne voted nay. . Stover questioned whether it was appropriate to amend the developer's proposal. Keane stated that the only action required by the Council was to act on the proposal before them within 60 days (August 22). 5 " . .' CITY COUNCIL MINUTES AUGUST 3, 1992 - PAGE 6 . Mr. William McHale informed the Council that Ryan Construction Company withdraws it's application for Waterford ill. Lewis indicated that the present owner (Trivesco) is still likely to want to sell the property and this is a good indication of what the Council will be faced with. Daugherty commented on the high level of citizen interest in this matter. The Council recessed at 8:30 p.m. and reconvened at 8:35 p.m. 6. A MOTION TO APPROVE APPOINTMENT OF PUBliC WORKS WORKING FOREMAN Mayor Brancel noted that action on this item has been tabled several times. Gagne stated that the established procedure was followed in this matter and that Council has delegated the personnel administration to the City Administrator. Brancel stated she agreed with the procedure; however, she felt that someone who has actually done the job should get the job as in a seniority system. . Stover stated that the procedure has been adequately explained and followed. Daugherty stated that the current procedures for such appointments are appropriate and should be continued. Gagne moved, Lewis seconded to approve the appointment of Lawrence Niccum to the position of Public Works Working Foreman. Motion passed 4/1. Brancel voted nay. 7. MATIERS FROM TIIE FLOOR Mayor Brancel called for matters from the floor. There were none. 8. STAFF REPORTS A Attorney's Report. Mr. Keane noted that the answer to the parliamentary question: "May the maker of a motion vote against their own motion?" is: "Absolutely can vote against it, but cannot speak against it." B. Engineer's Report. None. . C. Planner's Report. None. 6 . f. \-. " . , . . . CITY COUNCIL MINUTES AUGUST 3, 1992 - PAGE 7 D. Administrators Report. 1. Meeting Schedule for August. Mr. Hurm reviewed the proposed meeting dates for August. Following discussion, meetings were set as follows: August 10 - Regular Council Meeting 7 p.m.; Public Hearing 8:15 p.m. August 18 - Planning Commission and Council Meeting 7 p.m. August 24 - Regular Council Meeting and Budget Meeting 7:00 p.m. 9. COUNCIL REPORTS A Mayor Brancel 1. SLMPSD Coordinating Committee Meetings Mayor Brancel reported that an agreement was reached for a five year contract for police protection and a task force will review the expenditures allocated to each participating City. The Council commended the Mayor for her tenacity in obtaining an acceptable agreement. B. Councilmembers. None. 10. ADJOURNMENT SUBJECT TO APPROVAL OF ClAIMS Lewis moved, Gagne seconded to adjourn the City Council Meeting at 8:50 pm., subject to approval of claims. Motion Passed 5/0. RESPECfFUlLY SUBMn-fED, Arlene H. Bergfalk Recording Secretary Northern Counties Secretarial Services A1TEST: J 7 C/ f c. HURM, CITY ADMINISTRATOR