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071293 CC Reg Min .. ..'~ CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 12,1993 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. . MINUTES 1. CONVENE CITY COUNCIL MEETING The meeting was called to order by Mayor Brancel at 7:00 p.m. A. PLEDGE OF ALLEGIANCE B. ROLL CALL Present: Mayor Brancel; Councilmembers Benson, Lewis and Stover; Administrator Hurm, Engineer Dresel, Attorney Keane, Planning Director Nielsen and Finance Director Rolek. Absent: Councilmember Daugherty. C. REVIEW AGENDA Dresel stated Agenda Item 6 will consist of a report rather than consideration of a resolution. . Stover moved, Benson seconded to approve the amended agenda for July 12, 1993. Motion passed 4/0. 2. APPROVAL OF MINUTES A. Regular City Council Meeting - June 28, 1993 Lewis moved, Benson seconded to approve the minutes of the City Council meeting of June 28, 1993. Motion passed 3//0. Brancel abstained. 3. CONSENT AGENDA Mayor Brancel read the Consent Agenda for July 12, 1993. A. Motion to Adopt a Resolution Approving Findings of Fact for C.U.P. and Variances for Vine Hill Market at 19215 State Highway 7 (postponed from June 14 and 28 meeting) . Stover moved, Benson seconded to remove Item A. from the Consent Agenda for discussion. 1 ... .. . . . . REGULAR CITY COUNCIL MINUTES JULY 12, 1993 - PAGE 2 Motion passed 3/1. Lewis voted nay. Stover expressed concern regarding the proposed one-way traffic pattern in the C.U.P. application, and stated that if approved, it will create a severe potential hazard. Since the Council is responsible for the safety and welfare of the citizens, Stover indicated she could not vote for approval of the C.U.P. resolution. Further, she noted that while the applicant's proposal contains a number of improvements, the limited size of the site precludes a two- way traffic pattern, the applicant currently has reasonable use of the property, and modifications to the proposal to eliminate the traffic/safety hazard should be considered to make the proposal acceptable. Brancel noted that the applicant was not notified that one Councilmember would not be in attendance at this meeting. Keane stated the Council may at it's discretion either act on the motion or move to continue the matter at a future meeting. Lewis stated the applicant has appeared before the Planning Commission and the City a number of times and has demonstrated extraordinary willingness to improve the property and to develop an adequate plan to the satisfaction of the City. The Council agreed the applicant is justified in having the full Council present to consider the C.U.P. resolution. Lewis moved, Braneel seconded to continue to a future Council meeting consideration of a motion to adopt a resolution approving findings of fact for C.D.P. and variances for Vine Hill Market, 19215 State Highway 7. Motion passed 4/0. 4. PARK Hurm noted that plans and specifications for tennis courts at Silverwood Park will be presented for the Council's consideration at its July 26th meeting. 5. PLANNING A. A Resolution making an appointment to the Planning Commission Hurm stated this Item is removed from the agenda since the Council will interview applicants for the position and make an appointment to the Commission in August. Doug Malam, Planning Commissioner, reported the discussions and actions taken at the Commission's July 6 meeting including unanimously recommending approval of a simple subdivision/combination and C.U.P. revision for Minnewashta Elementary School and of a preliminary plat for James Hill; and voted 4/2 to table action on a simple subdivision and lot width variance for Wallace and Elizabeth Peck. 2 ... . . . REGULAR CITY COUNCIL MINUTES JULY 12, 1993 - PAGE 3 6. CONSIDER A RESOLUTION ORDERING PLANS & SPECIFICATIONS FOR SEASONS ELDERLY HOUSING PROrnCf Dresel reported on the continuing discussions with MNDot for its funding participation for rehabilitation of the storm sewer running through the project. He stated it appears MNDot is willing to negotiate funding to the maximum of its existing policy, but would not likely fund the complete remainder of the storm sewer costs. It is their opinion that the City is responsible since it is the City's water draining through the pipe. Dresel stated an option for funding would be to add the remainder to the assessment of the project; however, the developer, Mr. Boyer, requests that the Council consider the City's participation in view of the type of project, that of senior housing. Dresel indicated another alternative would be through a tax district, however, the legal process would unacceptably delay the project and the small dollar amount involved does not make that approach economically viable. Dresel stated that while the end of the existing pipe is underneath Old Excelsior Boulevard which is the City's right-of-way and responsibility, additional funding from MNDot may be negotiated. It was pointed out that City participation could be funded through the Storm Sewer Management program; however, since it was just begun this year, little funds are currently available. Dresel suggested that funds could be used from another source such as from the City's Road and Bridge account with reimbursement to that account when storm sewer funds become available. He stated the unfunded portion is $55,000 and estimated that MNDot may fund $30,000-$40,000 with the remainder being $15,000-$25,000. Dresel pointed out that regional benefits will result from the sewer improvements in that the area to the east and south will also be affected. Dresel indicated that the pipes are deteriorated to the point that water discharges into the surrounding area including that of the developer. Dresel noted the developer's share of the total cost is $35,000. During discussion, the Council agreed that assisting elderly housing may set a precedent for future similar developments, acknowledged that increased assessments add to the cost of the units, reiterated their view that the responsibility remains with the developer and requested the Engineer to prepare a plan for the Council's consideration including further negotiation with MNDot for funding the necessary sewer repairs. Mr. Boyer, the Seasons' developer, described how the storm sewer is dumping water on his property noting that drainage impacts a much larger area than just his property and improvements will benefit the entire area. He stated his appreciation of the Council's consideration of funding assistance for the necessary repair work. He circulated an updated drawing of a typical unit and reported that questions regarding decks/patios/screened porches for the units have been resolved. 3 ~ . . . REGUlAR CITY COUNCIL MINUTES JULY 12, 1993 - PAGE 4 7. SOUTHSHORE SENIOR COMMUNITY CENTER - TASK FORCE REPORT Hurm indicated action on a resolution is not requested at this time and brought the Council's attention to a written report dated June 23, 1993: "Southshore Senior/Community Center Task Force Update," which describes the continuing work of the Task Force. 8. CONSIDERATION OF THE PURCHASE OF A MITA COPIER IN 1993 Rolek reviewed the recommendation for purchase of a Mita Model DC-5685 copier priced at $10,933. The copier was to be purchased in 1994, however, due to an expected price increase, it is recommended that the copier be leased for six months as the retailer has agreed to apply all lease payments to the purchase price, with the balance due paid in January 1994. It is further recommended that the City keep the present copier as a back-up since the price does not include a trade-in allowance and the copier would serve increased demand and usage. Stover moved, Benson seconded to authorize the purchase of a Mita Copier under the terms outlined in Finance Director Rolek's memorandum dated July 1, 1993. Motion passed 4/0. 9. MEMORANDUM OF AGREEMENT FOR METROPOLITAN COUNCll.. TO PROVIDE TECHNICAL ASSISTANCE IN PROGRAM REVIEW / ANALYSIS TO lAKE MINNETONKA CITIES Hurm explained the agreement of services between the Lake Minnetonka area cities and the Metropolitan Council for Met Council staff assistance in undertaking the cooperation study. The intent of the study is to analyze each service to determine options for providing the service. Benson stated there is no cost related to the study except for staff time and noted there is a great deal of valuable information to be gained. Benson moved, Stover seconded to authorize execution of the Memorandum of Agreement for Metropolitan Council to Provide Technical Assistance in Program Review/Analysis to Lake Minnetonka Area Cities. Motion passed 4/0. Hurm requested the Councilmembers to consider recommendations of individuals for appointment to an advisory group to oversee the work of the study group. 10. lEASE AGREEMENT FOR SHOREWOOD SHOPPING CENTER UOUOR CENTER - Postponed 4 ~ REGULAR CITY COUNCIL MINUTES JULY 12,1993 - PAGE 5 . 11. MATTERS FROM THE FLOOR Mrs. Vogel, 19795 Excelsior Boulevard, brought the Council's attention to flooding on her property which she believes is caused by problems with the drainage system. Dresel stated this is part of the Seasons senior housing development drainage problems and requested Mrs. Vogel to contact him with regard to plans for solving the problems described and for information for a contact person at MNDot. 12. ADMINISTRATOR AND STAFF REPORTS Attorney's Report on Sewer Backup Insurance Investigation Keane briefly commented on the continuing negotiations regarding insurance coverage of a resident's sewer backup damage claim. Hurm brought the Council's attention to the "Mediation Handbook for Cities" published jointly by the Association of Metropolitan Municipalities, Minnesota Office of Dispute Resolution, and the Metropolitan Council. 13. MAYOR AND COUNCIL REPORTS . The Council discussed the status of the City's dispute with the Metropolitan Waste Control Commission. 14. ADJOURNMENT TO A WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS Stover moved, Benson seconded to adjourn the meeting at 8:00 p.m. to a work session format, subject to the approval of claims. Motion passed 4/0. RESPECTFULLY SUBMITTED, Arlene H. Bergfalk Recording Secretary TimeSavers Secretarial Services ATTEST: . 5 ~