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072693 CC Reg Min . -. .4. . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, JULY 26, 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, Daugherty, Lewis and Stover; Administrator Hurm, Engineer Dresel, Acting Attorney Humphrey, Planning Director Nielsen, and Finance Director Rolek. C. REVIEW AGENDA Daugherty moved, Benson seconded to approve the agenda for July 26, 1993. Motion passed 5/0. 2. APPROVAL OF MINUTES A. Regular City Council Meeting and Work Session Minutes - July 12, 1993 Lewis moved, Stover seconded to approve the City Council Minutes and Work Session Minutes of July 12, 1993, amended by deleting the phrase "with the idea...within the community." from Sentence 2, Paragraph 4, Page 1 of the Work Session Minutes. Motion passed 5/0. 3. PARK - Report on July 13 meeting - None. 4. PLANNING A. 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 7-12-93 meeting) Stover explained her opposition to the proposed C.U.P. and variances. After a physical inspection of the site and review of its plans, Stover contended the site is too small, too crowded and would not safely handle the resulting additional vehicle and delivery truck 1 . t" .- . . . .. REGULAR CITY COUNCIL MINUTES JULY 26, 1993 . PAGE 2 traffic. Lewis pointed out that in previous discussions, the Council determined that the applicant would be the one to suffer if the customers thought they could not work with this arrangement. He further stated the variances put the onus on Mr. Pyle to be responsible for customers being able to use the pumps and nothing has occurred to change that responsibility. Daugherty stated discussions were held to determine a reasonable solution to allow the applicant to make the requested changes. He commented on his discussions with the Planning Commissioners concerning this application, noting that the Commission was split in its recommendation for approval. He pointed out the proposal is not for a full service, high volume fuel operation and expressed his support for the proposed improvements and added gas pumps for a small neighborhood-type of convenience center. He noted during his five-year residency in the area, he has not seen more than 4 cars in the parking lot at anyone time. Daugherty stated Mr. Pyle developed the proposal to provide additional service and convenience to the surrounding neighborhood. He pointed out its use and design does not lend itself to a high-volume type gas pumping operation and the applicant wishes to enhance his business rather than distract it. Daugherty supported granting approval of the C.U.P. and variances based on the small neighborhood convenience center character of the business. Lewis stated with respect to safety, the improvements proposed greatly improve the safety concerns in the area and to trade that consideration for the concerns regarding the area by the pumps to be used by customers would be a disadvantage to the site. Stover stated the improvements to the site initially led her to support the recommendation, however, further concerns caused her to withdraw her support, including elimination of an access to the area which may be an advantage to discourage cut-through traffic, but is a disadvantage to lack of egress. In addition, Stover stated the blacktopped area will be reduced and from her personal observation, the number of vehicles on the property has remained constant over the years. Consequently, according to Stover, it will be more difficult for vehicles to maneuver on the site and the addition of a gas operation gives more reason for customers to be there, and new customers will be added, notwithstanding the fact that the intent is to serve the neighborhood. She continued it is extremely tight for vans and trucks to get to the pumps even if cars are not parked adjacent acknowledging that it is not impossible but not probable. Stover pointed out parking is not allowed on Vine Hill Road, future upgrading of Vine Hill will exacerbate the problems, the sight lines are not good, the variance would bring the egress close to the stop sign, and overall activity on the site is more than it can realistically accommodate. Daugherty acknowledged the safety concerns raised by Stover, however, he reiterated the fact that the property is a small neighborhood type convenience center serving 3-4 people 2 . ~ . . . . ,. REGULAR CITY COUNCIL MINUTES JULY 26, 1993 . PAGE 3 at one time. He questioned the notion of additional customers noting the applicant's likely end result will be that current customers will spend more money. In addition, Daugherty stated that long term, the site would maintain its look as a small convenience center since approval has been given for a large major gas/grocery center three blocks to the west of this location. That location will be developed in a short period of time therefore the Vine Hill Market will remain a small operation and does not have the potential for expansion of its size. Daugherty stated the applicant has done everything possible to accommodate the questions and requests of the Planning Commission and the Council. Lewis referred to the improvements included in the plan that would eliminate cut-through traffic. He pointed out the cut-through traffic is a larger problem than if there were a couple of gas pumps on the site for the convenience of local residents. Lewis indicated the applicant would not make the improvements if there was not a trade-off. With plans to upgrade the frontage road, it would become more attractive for cut-through traffic which Lewis indicated the Council may have to deal with in the future. Stover stated there is no space for a canopy above the pumps. Therefore the pumps are being located in a space less than generally accepted. Stover reiterated her belief that the number of customers will increase. Lewis pointed out that if the operation is inconvenient for customers, they will not stop there but will go to another location for services. Lewis stated he does not believe this operation will significantly impact the level of the number of cars at this business. Daugherty asked Stover what changes could be made to the proposal to gain her support. Stover explained more land is needed to accommodate the existing building and the area in which the pumps would be located. She understands why there needs to be drive-through area on both sides of the pumps and that area cannot be widened. She further pointed out the lot line is tight in the sloped area and it is difficult for two cars to maneuver without hitting the building yet staying on the lot. Stover reiterated the space for the gas pumps is at the minimum and cannot accommodate a canopy. Parking on the site is acceptable, but vehicles coming around the building would have difficulty when cars are parked in the back. Stover said everything on the property is squeezed. Daugherty stated if the gas pumps were not installed, the redesign of the traffic flow would provide a more efficient operation and the addition of the gas pumps for the convenience of the neighborhood is a small price to pay for the overall improvement of the property. Benson concurred with the statements made by Stover. He stated he has continued to oppose the proposed C.U.P. and variances throughout the review process. Benson reiterated that while the improvements proposed are commendable, the site is too small to reasonably accommodate the proposed gas operation. 3 . . f . . . , REGULAR CITY COUNCIL MINUTES JULY 26, 1993 - PAGE 4 Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 93-61, "A Resolution Granting a Conditional Use Permit and a Setback Variance for the Vine Hill Market." Motion failed 3/2 (a 4/5 vote being required). Stover and Benson voted nay. B. A Resolution Approving the Simple Subdivision/Combination/CUP Revision for Minnewashta Elementary School, 26350 Smith town Road Nielsen stated the two Resolutions approving these requests are based on recommendations of the staff and Planning Commission. He explained that the school district wishes to proceed with work on the parking lot in order to complete it for use for the coming school year, therefore the resolution approval process has been accelerated. Stover requested clarification regarding the water tower issue. Dresel indicated a different location for the water tower at the same elevation has been proposed. Nielsen clarified that was not included as a condition, however the school district representatives indicated the granting of the easement for the water tower will be formalized as a separate transaction. Benson noted that a play area will be lost and asked whether another area will be expanded to make up for the lost area. Mr. Tom Berge, Director of Business Services, Minnetonka Public Schools, stated that one of two baseball fields will be eliminated to accommodate the expanded storm water area, however plans include future improvement of the unimproved area on the property. Lewis moved, Stover seconded to adopt RESOLUTION NO. 93-61, "A Resolution Granting a Conditional Use Permit for the Minnewashta Elementary School." Motion passed 5/0. Stover moved, Lewis seconded to adopt RESOLUTION NO. 94-62, "A Resolution Approving Subdivision and Combination of Real Property." Motion passed 5/0. C. A Resolution Approving the Preliminary Plat of James Hill for James Robin, 23420 Park Street Nielsen stated the Resolution approving this request is based on recommendations of the staff and Planning Commission. Lewis moved, Daugherty seconded to adopt RESOLUTION NO. 93-63, "A Resolution Granting Preliminary Plat Approval for James Hill." 4 , . . . . REGULAR CITY COUNCIL MINUTES JULY 26, 1993 - PAGE 5 Motion passed 5/0. 5. CONSIDER A RESOLUTION APPROVING PLANS & SPECIFICATIONS AND AUTHORIZING ADVERtISEMENT FOR BIDS FOR THE SILVERWOOD PARK TENNIS COURT PROJECT Hurm stated the Council will consider the bids received at its August 23, 1993 meeting. Daugherty moved, Lewis seconded to adopt RESOLUTION NO. 93-64, "A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for the Silverwood Park Tennis Court Project." Motion passed 5/0. 6. CONSIDER A RESOLUTION ORDERING PLANS & SPECIFICATIONS FOR SEASONS ELDERLY HOUSING PROJECT Dresel stated that the level of MNDot funding continues to be an outstanding matter; however he received a verbal commitment by telephone of $37,000 from MNDot. This leaves an unfunded portion of $18,900, which does not include the part under Old Excelsior Boulevard. He noted that Mr. Buesgens, the owner of the property on the north side of Old Excelsior Boulevard, has contacted him expressing his concerns regarding erosion problems. Dresel indicated he does not have a cost estimate for the replacement of that pipe and the outlet, but it will be inspected during excavation. $15,000 has been set aside in capital improvements leaving $3900 to be funded from the General or Street budgets. Hurm clarified that the capital improvement program identifies a potential project in the area with $10,000 to be provided from the storm water utility and $5000 from the General Fund. Any costs associated with crossing the road are justified to come from the road fund and the remaining $4000 could come from that fund. Dresel reviewed the estimated costs of the project. He described the erosion problems on the north side of the Boulevard, noting that problem exists with or without the Seasons project, and a physical inspection of the pipe under the road will be made during excavation. He estimated repair costs at $10,000 which includes replacement of the culvert. Dresel recommended approval of the resolution ordering plans and specifications for the Seasons elderly housing project based on receipt of a written confirmation from MNDot for its $37,000 funding commitment. Mr. Larry Buesgens, 20090 Excelsior Boulevard, described his concerns regarding the physical condition of the existing culvert, drainage problems and erosion occurring on his property. He indicated there will be additional run-off from the blacktopped area of the 5 , . .";.. . . . REGULAR CITY COUNCIL MINUTES JULY 26, 1993 - PAGE 6 Seasons development. Mr. Buesgens stated he would work with the City to resolve his concerns including: stop the aggressive soil erosion on his property; correct past damage to his property including replacement of the soil that has been washed into the lake; hold back as much storm water as possible through use of the holding ponds; and to prevent future damage. Dresel described the purpose and function of the detaining ponds. He noted the Watershed District has reviewed and approved the Seasons project as meeting the District's guidelines. He stated a third holding pond is being constructed in the northeast corner of the development which will control 90% of that area. Dresel noted the repair work involving the pipe under Old Excelsior Road was presented as a separate issue from the Seasons project due to the funding problems. Hurm requested direction from the Council with regard to funding the work associated with the Seasons development and described the funding sources. He described the funding sources for the repair work involving the culvert beneath Old Excelsior Road and requested the Council's direction. Dresel answered questions from the Councilmembers during discussion. Mr. Boyer, developer of the Seasons project, stated it has been determined the additional run-off from his development will be managed and contained in a section of wetland on the property and the pipe is for the benefit of drainage from the south side of Highway 7. He described the water drainage management plans. Dresel described the reasons for the need for the pipe as a water outlet. Mr. Buesgens described the natural drainage pattern in the area and questioned whether the holding pond and storm sewers will accommodate the run-off. Lewis indicated the City has an obligation to take care of the final outlet beginning with the Old Market Road drainage that ends up on Mr. Buesgens' property. Daugherty stated it is important that a clear analysis is made of the handling of the drainage associated with the Seasons project. Stover moved, Benson seconded to adopt RESOLUTION NO. 93-65, "A Resolution Ordering Improvement and Preparation of Plans and Specifications, The Seasons Elderly Housing Project." Motion passed 5/0. The Council agreed that the Engineer's preparations will include an investigation of the necessary repair work related to the pipe under Old Excelsior Boulevard, determination of associated costs, and development of a funding program for that work as well as for the Seasons project. The Council will re-consider the matter at a future meeting. 6 ". . . . REGULAR CITY COUNCIL MINUTES JULY 26, 1993 - PAGE 7 7. INFORMATIONAL MEETING - 8:30 P.M. A. Presentation of and public input on a special assessment ordinance for street reconstruction projects B. Consideration of an ordinance amending Chapter 901 of the Shorewood City Code adopting an assessment policy for street reconstruction - Tabled. Dresel reviewed the history of the development of the special assessment ordinance . He explained the proposed assessment formula which would assess 1/3 of a street's reconstruction costs to its residents and the balance would be paid through property taxes. He stated it was the intent of the task force which developed the policy that it be fair for all residents. Mr. Scott Becker, 6165 Strawberry Lane, questioned what dollar amount a typical homeowner would be assessed for a typical street. Dresel estimated the cost could be $3000 over a lO-year period depending on a number of variables. Becker stated it is difficult to determine who benefits from street reconstruction as residents use all sorts of streets to reach their destinations. In general, Becker opposed the assessment policy. Ms. Patty Helgeson, 6120 Strawberry Lane, stated her objection to the proposed ordinance preferring that reconstruction costs be paid for through general taxes. She pointed out that heavy construction traffic and garbage trucks are causing wear and tear on Strawberry Lane, and suggested that other issues such as installation of water lines be considered and solved prior to implementation of this policy. Stover moved, Lewis seconded to table to August 9, 1993, consideration of an ordinance amending Chapter 901 of the Shorewood City Code adopting an assessment policy for Street Reconstruction. Motion passed 5/0. 8. MATTERS FROM THE FLOOR _ Mr. Larry Buesgens, 20090 Excelsior Boulevard, requested the Council's assistance in controlling traffic speed on Excelsior Boulevard. He stated since the slip ramps have been closed, the traffic level has increased substantially and the speed of traffic routinely exceeds the posted limit. The police have been requested to monitor the street, however, that has not alleviated the problem. He questioned the 25 mph speed limit posted on St. Albans Bay Road and 30 mph limits on Excelsior Boulevard and Manor Road. Brancel noted that six months ago, MNDot conducted a study of those streets and the posted levels are the result. Buesgens questioned whether the times of the monitoring were appropriate and suggested that a speed study be conducted during the hours 6 a.m. to 7 p.m. 7 , #' >\ \ f'. . . . REGULAR CITY COUNCIL MINUTES JULY 26, 1993 - PAGE 8 Daugherty moved, Stover seconded to direct the staff to request the South Shore police department to monitor traffic speed levels on Excelsior Boulevard encompassing the area of Buesgens' residence for a 30-day duration including during peak traffic periods. Motion passed 5/0. 9. ADMINISTRATOR AND STAFF REPORTS A. Attorney's report on sewer backup insurance investigation - postponed. B. Report on 1993 Objectives and presentation of Objectives for 1994 Budget Hurm directed the Council's attention to the Mid. Year Review of City Objectives for the Year 1993. Hurm reported on the response received from the LMCD regarding the statutory limit of increases assessed Shorewood for the LMCD budget. Following discussion, it was the consensus of the Council that Messrs. Strommen and Rascop be requested to attend a Council meeting to clarify the LMCD's administrative and milfoil budget items. Hurm reported a change to the numbering system of resolutions adopted by the Council: the year will precede the resolution number. He stated analysis is being conducted on the contract negotiations for fire department services with Excelsior and a report/recommendation will be presented for the Council's consideration at its next meeting. Hurm reported Shorewood's 1992 population estimate is 6,322 up from 5,917 in 1990. There were no reports from the Engineer, Planning Director or Finance Director. 10. MAYOR AND CITY COUNCIL REPORTS Report on the Coordinating Committee meeting. Mayor Brancel briefly commented on the Coordinating Committee's recent meeting to discuss the Police Department budget and reiterated that the matter will appear on the Council's next agenda. Daugherty noted the police department has received a copy of the City's solicitation ordinance. Lewis suggested that staff investigate the possibility of renting or borrowing the radar speed monitoring device used by Minnetonka. 11. ADJOURNMENT SUBJECT TO APPROVAL OF CLAIMS Benson moved, Daugherty seconded to adjourn the City Council Meeting at 9:10 p.m. 8 , ~ '. ""'- ' l. . . . REGULAR CITY COUNCIL MINUTES JULY 26, 1993 - PAGE 9 subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED Arlene H. Bergfalk Recording Secretary TimeSaver Off Site Secretarial ATTEST: J L./ S C. HURM, CITY ADMINISTRATOR 9