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052493 CC Reg Min . ~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, MAY 24, 1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:30 p.m. A. Pledge of Allegiance B. Roll Call Present: Mayor Brancel; Councilmembers Benson, Daugherty and Lewis, and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen and Financial Director Rolek. C. Review Agenda Lewis moved, Daugherty seconded to approve the Agenda for May 24, 1993, with the withdrawal of Consent Agenda Item 3.E. . Motion passed 5/0. 2. APPROVAL OF MINUTES . Lewis moved, Benson seconded to approve the City Council Minutes of May 10, 1993, with corrections on page 3, last paragraph, last phrase to read:..., with the understanding that Chanhassen will continue it's support of the South Shore Senior Center and the Sojourn program through (it) the Community Block Grant Program.1I (Corrected word underscored; deleted word in parentheses.) Motion passed 5/0. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for May 24, 1993. Stover moved, Daugherty seconded to approve the Consent Agenda and to adopt the Resolutions and Motions contained therein: A. RESOLUTION NO. 50-93 IIA Resolution Approving Refuse Collector's License.1I B. Motion Approving Donation of $1,000 to 1993 4th of July Celebration as Budget. 1 . . . REGULAR CITY COUNCIL MINUTES May 24, 1993 - PAGE 2 C. Motion to Deny Request to Extend "Notice to Remove." Appellant: Fleet Mortgage Location: 23155 Academy Avenue D. Motion to Approve Right-of-Way Permit Applicant: Randall McDaniel Location: Gardendale Road E. Withdrawn F. RESOLUTION NO. 51-93 IIA Resolution Concerning the Concurrent Detachment and Annexation of Land.1I Motion passed 5/0. 4. PARK COMMISSION Elizabeth Fuller, Park Commission member, stated that the Commission met with the Planning Commission on May 18 to discuss the trail plan-specifically the issue of snowmobiling in Shorewood-and agreed to refer the issue to the Council. Fuller described planned Arbor Day activities and noted that the Park Commission will continue to meet monthly during the summer. 5. PLANNING COMMISSION A. Report on Planning Commission Meeting - May 18, 1993 Doug Malam, Planning Commission member, reported on the actions taken by the Commission at its May 18 meeting, the discussion with the Park regarding snowmobiling, and the work session regarding the Transportation Plan. B. Final Plat Approval - Deer Ridge Nielsen stated that the standard development agreement has been modified to address the Chanhassen elements and the 3-part agreement provided by Chanhassen outlines the general provisions agreed upon. Stover moved, Lewis seconded to adopt RESOLUTION NO. 52-93 "A Resolution Approving the Final Plat of Deer Ridge." Motion passed 5/0. 2 . . . REGULAR CITY COUNCIL MINUTES May 24, 1993 - PAGE 3 C. Bateson Wilson Addition - Preliminary Plat Applicant: Location: Rick Bateson 5.6 acres east of Galpin Lake Road and south of Murray St. Nielsen stated that this request was routed to the Park Planner because the Shorewood Trail Plan has a proposed on-street trail along Galpin Lake Road and Chanhassen's plan calls for an off-street trail along Galpin Lake Road. He stated that policies provide that where possible vehicular and pedestrian traffic should be separated. As a result of this, Nielsen recommended adding the Park Planner's suggestion that the City acquire a 20' trail easement to the staff's conditions for approval of this preliminary plat. Daugherty requested information regarding resolution of concerns expressed in residents' letters to the Council regarding increased traffic and drainage problems. Nielsen stated that the entrance location on the property 200' east of the crest of the hill on Murray Street is the only access available. The 4% grade is within the allowable range. Site visibility for vehicles will be considered during construction of the new street to mitigate problems. Beyond clearing of undergrowth, Nielsen indicated that the City should possibly consider upgrading Murray Street to deal with alleged hazardous conditions. According to a resident, an accident has occurred in the area and Nielsen suggested that a speed study and additional patrolling of the location could be looked at initially. Nielsen stated that drainage factors on the property include: the City's designated wetland and additional wetland easement that will be identified by the Watershed District during its approval process of the plat. Dresel stated that the primary drainage concern is at the upper end of the site and potential drainage to the property. These concerns will be addressed prior to final plat approval. Lewis moved, Stover seconded to direct the staff to request MNDOT to conduct a traffic study on Murray Street. Motion passed 5/0. Stover moved, Benson seconded to adopt RESOLUTION NO. 53-93 "A Resolution Granting Preliminary Plat Approval for Bateson Wilson Addition." Motion passed 5/0. D. Zoning Ordinance Text Amendment - Parking Requirements for Convenience Stores Nielsen reviewed the background to the proposed Zoning Ordinance text amendment regarding parking requirements for convenience stores with accessory gas pumps which relates to the conditional use permit requested in connection with the addition of gas pumps at the Vine Hill Market. He noted that the Planning Commission requested the staff to determine whether the City's related ordinance needed up-dating. By a 4/2 vote, 3 REGULAR CITY COUNCIL MINUTES May 24, 1993 - PAGE 4 . the Planning Commission denied recommending approval of the amendment because the majority viewed the amendment as a piece-meal approach to addressing overall requirements for convenience stores currently not covered in the City's ordinances. Lewis stated that while the ordinance requires revision, additional issues should be included and he suggested asking the Planning Commission to review the overall ordinance to differentiate between service stations and convenience stores. Nielsen reviewed issues not addressed by the Code relating to convenience stores. He stated that the Planning Commission could take action on a proposed ordinance during July. He noted, however, that provisions of the ordinance may present additional problems for approval of the Vine Hill Market c.u.p. The Council discussed the parking issue as it relates to the Vine Hill Market c.u.p. and generally agreed that action should be taken on the ordinance to accommodate that request since overall improvements contribute to the location and the question of adequate parking at the location is primarily an economic issue for the owner of the property. Stover moved, Daugherty seconded to adopt Ordinance No. 275, "An Ordinance Amending Chapter 1201 of the Shorewood City Code relating to Zoning . Regulations." Motion passed 4/1. Benson abstained. Lewis moved, Stover seconded to direct the Planning Commission to review an ordinance covering convenience stores separate from service stations. Motion passed 5/0. E. Vine Hill Market - C.U.P. and Variances Applicant: Location: James Pyle 19215 State Highway 7 Nielsen described the variance remaining following the Council's prior action to adopt the parking Ordinance and recommended that the staff be directed to prepare a findings of fact resolution for approval of the c.u.p and variance. Daugherty moved, Brancel seconded to direct the staff to prepare a findings of fact resolution to approve the application of James Pyle for a C.U.P. and Variances at Vine Hills Market, 19215 State Highway 7, subject to the staff recommendations, and subject to review and comment by the City Engineer and the Fire Marshal. . Motion failed 3/1. Benson voted nay. Stover abstained. 4 . . . REGULAR CITY COUNCIL MINUTES May 24, 1993 - PAGE 5 The Council discussed the provisions of the application. Stover expressed concern that the conditions attached to the application go with the property and if the current owner is not successful, another owner probably would not succeed either. Lewis pointed out that the proposed land improvements are favorable for the City and the detailed site improvements are issues to be dealt with appropriately by the owner to ensure a successful operation. Daugherty moved, Brancel seconded to direct the staff to prepare a findings of fact resolution to approve the application of James Pyle for a C.U.P. and Parking Variance at Vine Hill Market, 19215 State Highway 7, subject to the staff recommendations including adequate signage related to the pumps, and subject to review and comment by the City Engineer and the Fire Marshal. Motion passed 4/1. Benson voted nay. F. Simple Subdivision - Minnetonka Country Club/Paul Swanson Location: 24575 Smithtown Road/24460 Yellowstone Trail Nielsen noted that the Applicant was unable to be present and referred to the applicant's letter of May 4, 1993 which includes an objection to dedication of the right-of-way condition. He stated that the Planning Commission's recommended approval of this subdivision includes acquisition of right-of-way on Country Club Road. Lewis moved, Stover seconded approval of the request of Minnetonka Country Club, 24575 Smithtown Road and Paul Swanson, 24460 Yellowstone Trail for a simple subdivision/combination, subject to the staff recommendations detailed in the Planning Director's memorandum of April 27, 2993. Motion passed 5/0. G. Excelsior Covenant Church, 19955 Excelsior Boulevard - Simple Subdivision Lewis moved, Stover seconded to approve the request of Excelsior Covenant Church, 19955 Excelsior Boulevard, for a simple subdivision subject to the applicant recording the transaction with the County Recorder within 30 days of the Council's approval. Motion passed 5/0. H. Revised Concept Plan/Development Stage Plan Approval - Seasons P.U.D. Applicant: Location: Pete Boyer Construction 20095 Excelsior Boulevard 5 . . . REGULAR CITY COUNCIL MINUTES May 24, 1993 - PAGE 6 Nielsen noted that the Planning Commission unanimously recommended approval of the plans. Dresel stated the applicant's review of the recommended technical aspects present no difficulties in compliance. He described the negotiations and agreement with MNDOT regarding the storm sewer easement on the property. Detailed information will be available in the future. Lewis requested clarification regarding the decks for the homes. Boyer described the status of the issue, his design plans and the storm sewer problems. Dresel answered questions regarding the storm sewer as it relates to the City's interests. Lewis moved, Stover seconded to adopt RESOLUTION NO. 54-93 "A Resolution Approving the Concept Plan for Seasons P.U.D." and to direct the staff to prepare a findings of fact resolution to approve the Development Stage Plan for the Seasons P.U.D., subject to the staff recommendations. Motion passed 5/0. Nielsen stated that the applicant has the opportunity to acquire fill material to create a berm on the property and recommended approval of a grading permit for the applicant as allowed under the Ordinance. Stover moved, Benson seconded to approve a grading permit for Pete Boyer Construction, 20095 Excelsior Boulevard, prior to final plan approval of the Seasons P.U.D., subject to the deposit of a cash escrow or letter of credit by the applicant to ensure site restoration and subject to Watershed District approval and close supervision by the City Engineer. Motion passed 5/0. 6. ACCEPTING BID FOR LIFT STATIONS 9 & 10 AND AWARD CONSTRUCTION PROJECT Dresel stated that bids have been received for conversion of lift stations 9 and 10 to new systems and recommended acceptance of the bid of GHT Construction in the amount of $57,440.00. Based on similar bids received in the past, $75,000 has been budgeted for construction and contingencies and $15,000 for design and construction observation. Based on the bids received, the revised budget is estimated at $69,440.00. Dresel explained that GHT Construction is a new firm and favorable recommendations on the owner have been received. He recommended that the bond and insurance requirements be reviewed by the City Attorney. Stover moved, Daugherty seconded to adopt RESOLUTION NO. 55-93 "A Resolution Accepting Bids for Rehabilitation of Lift Stations No.9 and 10 City Project No. 93-1." 6 . . . . . REGULAR CITY COUNCIL MINUTES May 24, 1993 - PAGE 7 Motion passed 5/0. 7. A MOTION TO AUTHORIZE PAYMENT FROM THE SEWER FUND TO SETTLE SEWER BACKUP CLAIM Hurm stated that the Council may wish to consider settling the sewer backup claim from the sewer fund since an investigation conducted by the insurance company did not find fault with the City and therefore denied the claim. In addition, the Council may wish to consider legal action regarding the responsibility of the MWCC in this claim to recover the settlement costs from MWCC. Keane explained the status of the claim and investigation noting that the homeowner has not submitted the casualty claim to his insurance carrier. Mr. Bonach stated that he has been advised that the damages related to the sewer backup are not covered under his homeowners insurance. The Councilmembers discussed the issues related to this claim. The members generally agreed that the City has a responsibility to the resident given the past and current circumstances of the sewer problem, that the City make every effort to expeditiously recover the costs from the MWCC, and that a City policy be developed for implementation in similar situations. Benson, while agreeing in principle, expressed concern that it is improper for the City to "front" payment of a claim. Lewis moved, Brancel seconded to authorize payment from the sewer fund to settle the sewer backup claim and directed the staff to recover costs from the appropriate responsible entity. Motion passed 4/1. Benson voted nay. The meeting recessed at 9:15 p.m. and reconvened at 9:20 p.m. 8. MATTERS FROM THE FLOOR Ron Miller, L & M, 953 Mississippi Street, Fridley, MN, requested a burning permit in connection with the removal of trees at the Boulder Ridge project. He stated that due to circumstances beyond his control, his request did not appear as an agenda item for this Council meeting. During discussion, the Councilmembers noted that the necessary paperwork and approvals are in order in connection with the burning permit. The members agreed to make an exception in this instance to it's policy which precludes the Council from taking action on matters presented from the floor. 7 . . . . ., REGULAR CITY COUNCIL MINUTES May 24, 1993 - PAGE 8 Daugherty moved, Benson seconded to approve the request for a burning permit for Ron Miller, 953 Mississippi Street, Fridley. Motion passed 5/0. 9. STAFF REPORTS A. City Attorney - None. B. City Engineer - None. C. City Planner - None. D. Finance Director Rolek indicated that questions related to the First Quarter Financial Report may be directed to him. E. City Administrator Hurm reported that he will attend a MWCC budget breakfast meeting on June 4 and that a joint meeting with the Planning Commission to consider the Transportation Plan is scheduled for June 14. 10. COUNCIL REPORTS A. Mayor Brancel - None. B. Councilmembers - None. 11. ADJOURNMENT TO EXECUTIVE SESSION SUBJECT TO APPROVAL OF CLAIMS Daugherty moved, Benson seconded to adjourn the City Council Meeting, subject to the approval of claims, at 9:30 p.m. to an Executive Session. Motion passed 5/0. Mayor Brancel stated that personnel matters will be discussed at the Executive Session. 8 10 .. i........ . j . . . REGULAR CITY COUNCIL MINUTES May 24, 1993 - PAGE 9 RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: /Vl' I Afl/\,Y\ JA ES C. HURM, CITY ADMINISTRATOR B 9