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010896 CC Reg Min . . . CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDA Y, JANUARY 8, 1996 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Bean called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Bean; Councilmembers Malam, McCarty and Stover; City Engineer Brown, City Attorney Keane, Finance Director Rolek, and Planning Director Nielsen. Absent: Councilmember Benson and Administrator Hurm. B. Review Agenda Malam moved, McCarty seconded to approve the agenda for January 8, 1996 as amended by removing Item 6A. as it was rescheduled for the January 22, 1996 meeting. Motion passed 4/0. 2. APPRO V AL OF MINUTES A. City Council Work Session Meeting Minutes - December 4, 1995 McCarty moved, Malam seconded to approve the City Council Work Session Meeting Minutes of December 4, 1995 as presented. Motion passed 3 ayes / 1 abstention (Councilmember Stover abstained as she was not present at the December 4, 1995 meeting). B . City Council Executive Session and Regular Meeting Minutes - December 11, 1995 McCarty moved, Stover seconded to approve the City Council Regular Meeting Minutes of December 11, 1995 as amended on Page 3, Paragraph 3, Line 2 replace "Brett" with "Brent"; on Page 4, Paragraph 1, Line 3 replace "is where the water goes after and the quality" with "of where the water goes from this property and the quality thereof will be reviewed in the development stage"; Page 9, Paragraph 6, Line 6 remove "have been out"; and Page 9, Paragraph 13, Line 1 and Paragraph 14, Line 2, insert "Excelsior" before "Councilmember". Motion passed 3 ayes / 1 abstention (Councilmember Malam abstained as he was not present at the December 11, 1995 meeting). Stover moved, McCarty seconded to approve the Executive Session Meeting Minutes of December 11, 1995 as presented. Motion passed 3 ayes / 1 abstention (Councilmember Malam abstained as he was not present at the December 11, 1995 meeting). REGULAR CITY COUNCIL MINUTES January 8, 1996 - PAGE 2 . 3. CONSIDERATION OF A MOTION ADOPTING RESOLUTIONS MAKING APPOINTMENTS WITHIN THE CITY OF SHOREWOOD FOR THE YEAR 1996 A. A Resolution Making Appointments for 1996 Stover moved, McCarty seconded to adopt RESOLUTION NO. 96-01. "A Resolution Making Appointments to Certain Offices and Positions Within the City of Shorewood for the Year 1996", acknowledging that one representative still needs to be appointed to the Suburban Alliance. Motion passed 4/0. B . A Resolution Making Appointments to Various Commissions to Begin in 1996 McCarty moved, Stover seconded to adopt RESOLUTION NO. 96-02. "A Resolution Making Commission Appointments", acknowledging that the position of Chairperson and Vice Chairperson will be completed following the tirst meeting of the Park Commission and the vacancy on the Park Commission will be tilled as soon as possible. Motion passed 4/0. 4. CONSENT AGENDA . Mayor Bean read the Consent Agenda for January 8,1996. McCarty moved, Malam seconded to approve the Motions on the Consent Agenda and to adopt the Resolutions therein: A. RESOLUTION NO. 96-03. "A Resolution Approving a Preliminary Plat for Zachary Woods." Applicant: Brent Sinn. Location: 6035 Galpin Lake Road. B. Motion to Approve The Hiring of Sue Latterner, Full Time Position at the Liquor Store. C. Motion Approving Extension of Recording Secretarial Service Agreement. D. RESOLUTION NO. 96-04. "A Resolution Accepting Streets, Sanitary Sewer, Storm Sewer, and Watermain in the Plat of Brynmawr Place." E. Motion to Extend the Deadline for Filing the Final Plat of Smithtown Meadows. F. RESOLUTION NO. 96-05. "A Resolution Approving the 1996 Licenses for Refuse Collectors." G. RESOLUTION NO. 96-06. "A Resolution Approving the 1996 Licenses for Tree Trimmers. . Motion passed 4/0. 5. MATTERS FROM THE FLOOR - None. REGULAR CITY COUNCIL MINUTES January 8, 1996 - PAGE 3 . 6. PLANNING - Report by Representative . Commissioner Pisula reviewed the actions taken and recommendations made by the Commission at its January 2 meeting (detailed in the minutes of that meeting). B. Consideration of a Concept Plan - Water's Edge Planned Unit Development. Applicant: Bill Blegen. Location: 20295 Manor Road. Nielsen reported Mr. Blegen owns approximately six acres of property at 20295 Manor Road, including 1.86 acres of designated wetland area. He is proposing to divide the property into four single family residential lots by utilization of the planned unit development process. The planned unit development process was proposed and since recommended by staff and the Planning Commission, to allow flexibility in lot size while maintaining a density of one unit per 40,000 square feet consistent with the R-lA zoning district. The applicant is proposing to split the property into three lots initially and requests to later divide the larger parcel into two lots, remove the existing home, rebuild, and build a new home on the fourth lot. The Planning Commission, in reviewing the planned unit development approach, felt by minimizing the street requirements by use of a "half-bubble" cul-de-sac and allowing flexible lot sizes, the developer could preserve the sensitive parts of the sites including the rugged terrain at the south edge of the property and the steep slopes along Footprint Lake. An additional benefit of the plan is the applicant has agreed to swap land with the property owner to the north. The house on that parcel is too close to the south lot line. The swap will bring the house into compliance with the side yard setback requirements and also allow the applicant to dedicate 20 feet of right-of-way for Vine Street to the City. Nielsen indicated staff is recommending approval of the planned unit development subject to four stated conditions. The Planning Commission agreed to amend Condition 3 slightly by adding "At such time as lot 4 is developed the City will consider access to Manor Road based on a specific site plan review". , Kevin Norby, Landscape Architect, stated Mr. and Mrs. Blegen will continue to live at their homesite and subdivide only three parcels. The homesite parcel may be divided again at a later date to form another homesite. He noted the proposal tries to identify home sites in areas already void of trees or significant vegetation. The home on Lot 1 will sit on a hillside area which is void of trees and will have driveway access off Vine Street. Lot 2 and 3 will share a driveway from the new cul-de-sac. The home on Lot 2 will be located in an area where there are no trees and minimal site disturbance will be required to install the driveway. The future homesite on Lot 3 will be located on top of the existing homesite and the homesite on Lot 4 will be located on top ofthe existing driveway. Mayor Bean questioned concerns which had been raised about the preservation of Footprint Lake and the water quality and potential effects to the water level resulting from run off. Nielsen explained there has been a concern with the level of Footprint Lake as it has risen since a past development was completed. The City is currently monitoring this. Most of the run-off in this project will drain to the inside to the north and east rather than to Footprint Lake. The ultimate drainage and grading plan for this project will be reviewed as part of the development stage plan. The City Engineer has reviewed the preliminary plan and is comfortable with the drainage on the site. The planned unit development approach is the best means to preserve the existing trees and drainage on the site. Mayor Bean noted a letter which had been received by the DNR stating they do not object to the concept plan. . . . REGULAR CITY COUNCIL MINUTES January 8, 1996 - PAGE 4 Councilmember McCarty noted the reason she had suggested this item be continued at the previous meeting was to allow time for her to visit the site. She stated she has since visited the site and feels this is a good plan. She was glad to see the developer striving to utilize the existing driveway and open areas. Mayor Bean asked if any more public comment had been received. Nielsen reported he had met with the neighbors immediately to the east of the property and they seem to feel comfortable with the plan. Kevin Norby stated he had spoken with Angela Topeff and also the McDaniels and they both appear comfortable with the project. McCarty moved, Stover seconded to direct staff to prepare findings of fact approving a concept plan for Water's Edge planned unit development for Bill Blegen, 20295 Manor Road subject to staff recommendations. Motion passed 4/0. C. Consideration of a Proposed Amendment to the Seasons Declaration of Covenants Nielsen reported last year Mr. Boyer requested that the age restriction for Seasons senior housing project be lowered. The City requested Mr. Boyer show that the services he proposes to provide were consistent with the Federal Fair Housing Act. H.U.D. has recently clarified its senior housing provisions by creating a self-certification process. The housing project is asked to certify that various services are provided to residents and publish policies and procedures to implement the certified services. Mr. Boyer has now submitted the self -certification form and required documents. City Attorney and staff suggest it is not the City's intention to pin down a specific set of services and when the development is completed and the Homeowners Association takes over, certain services may change. Due to this, staff is suggesting the proposed amendment include the City of Shorewood on its list for publication. Staff is recommending the approval of the amendment to lower the age restriction. Keane noted the concern staff expressed with the previous request before the City Council was the issue of compliance with the Federal Fair Housing Act and verification that the proposed services satisfied the intent ofthe Act. H.U.D. has recently developed criteria to clarify what qualifies as senior housing. He stated he has reviewed the proposed self- certification and amendment to the Declaration of Covenants and they appear to be in order. Peter Boyer stated he was thankful H.U.D. had clarified this issue. He felt the self- certification form was a great way for the City and the Homeowners Association to know how to comply with the law. He has spoken with the residents in the development and they are unanimously in favor of changing the age restriction from 62 years of age to 55 years of age. The self-certification form contains choices of services. When the residents develop a Homeowners Association, they will be able to make the choices among themselves and keep within the intent of the law. An age restriction of 55 years will allow more couples of different ages to move into the development. Mayor Bean asked what services were provided by the Association. Mr. Boyer described a ring binder which is given to residents. Services are explained under categories. The directory is updated yearly and those expenses are funded .by Association dues. He noted the directory includes a list of persons who could provIde services to the residents. REGULAR CITY COUNCIL MINUTES January 8, 1996 - PAGE 5 . Mayor Bean asked if the persons on the list were screened and if the costs of these services are borne by maintenance dues. Mr. Boyer stated he personally knew the people named on the list. In the future, it will be the Homeowner's Association who determines who will be on the list. He noted snow shoveling, salt and sand were funded by the Association. Additional services were not. Mayor Bean questioned the accessibility of the bus stop on Highway 7 referred to under available transportation. Mr. Boyer agreed it was difficult to walk to the bus stop and noted he would like to resolve this but it is a topic that has to be negotiated with the Highway Department. Councilmember Stover stated she also was uncomfortable with the implication that there was useful transportation when there is none. She suggested a sign up board for transportation be initiated. Mr. Boyer stated people in the development do ride the bus. The development is too small to institute a sign up board. He noted the requirements of H. D.D. state the developer does not have to provide transportation but merely show that it is available. . Mayor Bean stated concern with the whole issue of dropping the age restriction from 62 years to 55 years. The Federal Housing Act has determined that in order to reduce the age restriction, it must be demonstrated that services are rendered which are specifically designed to meet the physical and social needs of older persons. Mayor Bean stated he felt the services demonstrated at the Seasons were basically those available at any townhouse development. He felt there were no additional services offered which were targeted directly for seniors. Mr. Boyer noted the level of snow removal was higher in this development. He stated the residents in this development did not want the additional level of services and they did not want the additional associated costs of these services. Mr. Boyer stated he has tried to provide a development which would meet the desires of the seniors in the area. The seniors had expressed a desire to have housing like their own homes with the addition of security and support. Councilmember Stover stated the Shorewood ordinance was written with the intention to provide affordable senior housing with additional assistance to persons 62 years and over. That is why the City allowed the developer incentives to do the project, such as lowering the density requirements and park dedication fees, etc. She suggested the ordinance be re- examined by the Planning Commission to possibly redefine the ordinance to accomplish this goal. Councilmember Malam stated that Mr. Boyer had met the required criteria of H.D.D. to reduce the age restriction for 62 years to 55 years. He agreed with Councilmember Stover that the ordinance should be revisited. Councilmember McCarty stated she also felt Mr. Boyer had met the requirements but was irritated at the device H.U.D. was utilizing for self-certification. . Malam moved, Mayor Bean seconded to approve the amendment to the Declaration of Covenants, Conditions and Restrictions of (CIC No. 700) the Seasons. . . . REGULAR CITY COUNCIL MINUTES January 8, 1996 - PAGE 6 Councilmember Stover asked the City Attorney if he was comfortable with the amendment. City Attorney Keane noted the amendment needed to include the City of Shorewood as a party in the publication process. City Council will re-examine the amendment at the January 22, 1996 meeting. Voting on the motion: Motion passed 4/0. Stover moved, McCarty seconded to refer the ordinance regarding Senior Housing to the Planning Commission for review and recommendation defining services to be provided to the age group of 55 to 62 years and general City incentives which will be allowed relative to affordable housing issues. Motion passed 4/0. D. Consideration to Set a Public Hearing Date to Consider Vacation of Drainage and Utility Easement in Boulder Ridge. Mayor Bean moved, McCarty seconded to set the public hearing to consider vacation of drainage and utility easement in Boulder Ridge, 26550 and 26600 Noble Road for February 26, 1996. Motion passed 4/0. Mayor Bean recessed the meeting at 9:25 p.m. and reconvened at 9:34 p.m. 7. CONSIDERA TION OF STREET LIGHTING REQUEST - BRYNMA WR PLACE City Engineer Brown reported City Council had directed staff to prepare an analysis of the existing light fixtures at the intersection of Howard's Point Road and Brynmawr Place and on the island in the middle of the cul-de-sac on Brynmawr Place. Brown reported the light level does fade quickly beyond the right-of-way line. Residents' concerns appear to stem more from being able to see the light source and the glare versus an impact by actual light levels. Brown reported NSP has stated the best option would be to retrofit the lights with a different type of globe fixture which will effectively direct the light down to the pavement. Staff is recommending the Brynmawr fixtures be replaced with the same fixtures used in the Trillium Bay project. Brown reported staff has performed an analysis and the proposed light fixtures will have similar levels of downward light as the existing structures but light levels and glare are reduced from the side view. NSP has stated they could retrofit the fixtures at a cost of $100.00 per fixture plus the cost of labor. Mayor Bean asked if there was a fixture available which would eliminate the horizontal light completely. Brown noted there is one type called the "Chinese Lantern". This fixture however would cost $600.00 per fixture to retrofit. By including a block out shield the horizontal light could be eliminated but it would reduce the downward light also. Brown reported staff had received a call from the resident on Brynmawr Place and Howard's Point Road stating he did not want the light located there at all. Councilmember McCarty suggested using only one light fixture on the cul-de-sac. Nielsen stated that practice was quite typical and would be adequate and produce less light. Mayor Bean asked what type of lighting was allowed on residents' lots. Nielsen stated the City Code limited the amount of light cast off to .15 light candles at the property line and also required the light be hooded so the source is not visible from adjoining properties. Karen Blackstone, 5725 Kathleen Court, stated she was not in favor of the suggested fixtures as there would still be light. She suggested signs be installed to notify motorists of . . . REGULAR CITY COUNCIL MINUTES January 8, 1996 - PAGE 7 the dead-end. She stated, when the project was originally proposed, she had asked the developer if there would be lighting and he had advised her there would be none. Scott Pederson, 5725 Kathleen Court, stated the developer gave them assurance that there was no plan for lighting in the development. That is why Mr. Pederson had agreed to his plan. He assumed the developer's word was good. Ms. Blackstone stated she had called the Minnesota Department of Transportation and there was no information available as to the amount of accidents on streets which were not lighted. She also stated she had spoke with Police Chief Young and he stated there had been no accidents on Woodside Road which has a 90 degree curve and no lighting. Dan Herbst, Pemtom Land Company, stated he had reviewed his notes from the neighborhood meetings, public hearings, Planning Commission and City Council meetings and there had been no discussion in regard to a lighting plan for this development. He stated there is a large consumer demand for this type of lighting and it is a standard procedure in all new developments. He stated he had gone out of his way to install an expensive "old world" type, unique light in this development. In the Trillium Bay project, the City trails and streets and private trails are being lit. The lights in the Trillium Bay project light up the streets and there is little light at the edge of the right-of-way. He felt a good compromise would be to replace the fixtures in the Brynmawr project with the type of fixture used in the Trillium Bay project and have NSP install a reduced bulb. Councilmember McCarty stated she had visited the Trillium Bay project and the light did shine a small pool of light and did not appear to illuminate into the homes. Greg Shepherd, 27705 Brynmawr Place, stated he liked the compromise and wanted the area to be lit. He noted there are a lot of school age children in the area. There also are instances of trash being dumped off in the area. Mayor Bean asked for the specific defmition of the ordinance. Nielsen noted the current policy of the City in regard to street lights is that they are intended for traffic safety only, not for security purposes. Lights are allowed in areas defined as a potential place for traffic problems such as intersections, end of cul-de-sacs, etc. Councilmember Stover asked if the intersection and cul-de-sac could be marked with a sign. Brown stated he saw the merit of a light at the intersection but felt that the cul-de-sac could be marked with a sign. Todd Simning, 27865 Brynmawr Place, asked if the light does in fact shine downward and only lights up the cul-de-sac, why neighbors 300 feet away, with 150 feet of 20 foot high trees in between, are objecting. Mayor Bean explained there is no illumination in terms of their area being lit but they can see a fairly bright light source from their homes. Mr. Simning stated he didn't want to be an eyesore to the neighbors. He stated he was willing to compromise and reduce the size of the light. Jim Stringini, 27780 Brynmawr Place, noted that at the last meeting, Nielsen stated the lighting met the criteria of the City of Shorewood. He stated the neighbors have come to compromise and try to work this issue out but it appears the City Council does not feel the area should be lit. . . . REGULAR CITY COUNCIL MINUTES January 8, 1996 - PAGE 8 Councilmember McCarty stated a compromise had to be reached. The Council only wanted to come up with the best possible solution. Mary Knuth, 27665 Brynmawr Place, stated she had three children, two of which had to walk to and from the school bus in the dark. She stated she liked the street without light but given the situation and the danger of slippery ice on the road, lighting makes sense. She felt the lighting could be aesthetic without being obtrusive. She felt any compromise would be a good situation. Richard Gay, 5695 Howard's Point Road, suggested installing low wattage landscape lighting. This would light up the intersection without being obtrusive. He also felt this would be appropriate for the cul-de-sac. Mr. Herbst stated he did not feel this would be appropriate due to the large evergreens on the cul-de-sac island. He stated a snowdrift could hide the light or it could easily be kicked out. McCarty moved, Malam seconded to authorize the street lights at the intersection of Brynmawr Place and Howard's Point Road and also on the island in the middle of the cul-de-sac to be retrofitted with the lowest wattage bulb possible and the same fixture as used in the Trillium Bay project and one fixture rather than two be used at the end of the cul-de-sac. Councilmember Stover suggested the use of a sign to mark the dead end and lighting only the intersection. She stated she could not see the benefit of a light at the end of the cul-de- sac. Brown noted the associated cost of retrofItting would be the responsibility of the Association. The City Council would only be authorizing the light to be turned on. Rick Penn, suggested trying the proposed compromise for three months and if the residents on Kathleen Court feel that strongly, then the lights could be shut off. Ms. Blackstone agreed to this. She stated however, there would still be lights and she would still have to look at them. She compared her situation of sitting in the living room and looking out at orange sodium lights to installing these lights in the backyards of the residents on Brynmawr Place. Mr. Pederson stated there were more residents present from Brynmawr Place than from Kathleen Court. He noted the Boulder Bridge development was a new development and they had decided not to have lights but to keep with the rural feel. He asked what the policy had been in the past for erecting street signs or dead end signs. Nielsen noted there was no set criteria. At the time of plat it is determined what signs should or could be installed. Mayor Bean entered a letter into record which was received from Ed and Judy Alexander, 5735 Kathleen Court, stating their objection to the street lights. Mayor Bean suggested the trial period for the lighting be six months. McCarty amended her motion to include that the situation be evaluated in six months. Malam concurred. Motion passed 3 ayes I 1 naye (Council member Stover voted naye). . , . . . REGULAR CITY COUNCIL MINUTES January 8, 1996 - PAGE 9 8. LMCD REPORT BY REPRESENTATIVE BOB RASCOP Mr. Bob Rascop reported on goose control efforts, the phosphorous levels in the lake and milfoil issues. He reported an informational meeting on the phosphorous issue was scheduled on January 17, 1996 at 3:00 p.m. Councilmember McCarty stated she would attend. Mr. Rascop reported a study has determined there are no zebra mussel in Lake Minnetonka. 9. CONSIDERATION OF ACCEPTANCE OF LETTER INDICATING INTENT TO RETIRE Stover moved, McCarty seconded to accept a letter indicating intent to retire from Donald E. Zdrazil. Motion passed 4/0. There was Council consensus to direct City Clerk to schedule an appropriate send off and confirm when Mr. Zdrazil would be available. 10. ADMINISTRATOR AND STAFF REPORTS Brown reported his attendance at a meeting with the City of Chanhassen to discuss the issue of eurasian milfoil being discovered in Christmas Lake. The DNR plans a chemical application to the lake in the Spring of 1996. Keane reported he had received that determination from Hennepin County District Court in regard to the Johnson condemnation matter. The Commission has directed an award be made of $2,000.00 for easement and $3,000.00 for damages for a total award of $5,000.00. The award is subject to appeal up to 40 days from the date filed of December 26, 1995. He suggested this item be discussed in Executive Session on January 22, 1996 at 7 :00 p.m. A. Status Report on Southshore Senior Community Center Mayor Bean noted he did not have any further update on the Southshore Senior Community Center. 11. MAYOR AND CITY COUNCIL REPORTS A. Liquor Committee Report Councilmember Malam reported the liquor stores at Tonka Bay and the Shorewood Shopping Center were doing well. The store at Old Market is not doing as well. There has been discussion of a cooperative marketing effort between all tenants in the shopping mall. Councilmember Malam thanked the firefighters for their outstanding help recently at the liquor store when the sprinkler system broke. B. Discuss Meeting Schedule for January, February and March Nielsen noted this item would be postponed due to City Administrator Hurm's absence. C. Discuss Park Commission Vacancy There was Council consensus to re-publish this vacancy. . , . REGULAR CITY COUNCIL MINUTES January 8, 1996 - PAGE 10 12. ADJOURNMENT TO WORK SESSION FORMAT SUBJECT TO APPROVAL OF CLAIMS Malam moved, McCarty seconded to adjourn the City Council meeting at 11: 12 p.m., subject to approval of claims. Motion passed 4/0. RESPECTFULL Y SUBMITTED, Lorri L. Kopischke, Recording Secretary TimeSaver Off Site Secretarial ATTEST: / /:) _-2 t.,~,J;rU-A..-1-1 J ') - )~e:&~-----. ROBERT B. BEAN, MAYOR . .