Loading...
101397 CC Reg Min . . . , . tI CITY OF SHOREWOOD REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 13, 1997 SOUTHSHORE SENIOR CENTER 5735 COUNTRY CLUB ROAD 7:30 P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Dahlberg called the meeting to order at 7:35 p.m. A. Roll Call Present: Mayor Dahlberg; Councilmembers Stover, McCarty, O'Neill and Garfunkel; Administrator Hurm; City Attorney John Dean; Planning Director Brad Nielsen Review Agenda B. Mayor Dahlberg read the Agenda for October 13, 1997. Administrator Hurm clarified Item 3C to be a Motion to Reject All Bids for the 1997 Street Overlay Project. Mayor Dahlberg requested Item 3B be removed from the Consent Agenda and considered as Agenda Item 9.5. The Agenda for October 13, 1997, was approved as amended. 2. APPROVAL OF MINUTES A. City Council Informational Meeting Minutes - September 15, 1997 McCarty moved, O'Neill seconded approving the City Council Informational Meeting Minutes for September 15, 1997, as amended on Page 8, change "October 13, 1997" to "September 24, 1997." Motion passed 4/0. (Mayor Dahlberg abstained.) B . City Council Work Session Minutes - September 15, 1997 Garfunkel moved, O'Neill seconded approving the City Council Work Session Meeting Minutes for September 15, 1997, as amended on Page 2, Paragraph 1, Sentence 1, change "sewer and water" to "road construction and water"; Note that the first question in bold was not discussed. Motion passed 4/0. (Mayor Dahlberg abstained.) C . City Council Regular Meeting Minutes - September 22, 1997 McCarty moved, Stover seconded approving the City Council Regular Meeting Minutes for September 22, 1997, as amended on Page 5, Paragraph 1, Sentence 2, change "Mr. Kelly's land" to "Mr. Freeman's land"; Page 6, Paragraph 5, Sentence 4, change "gaited" to "gated"; Page 9, Paragraph 6, Sentence 1, change "in marked" to "is marked." Motion passed 4/0. (Mayor Dahlberg abstained.) 3. CONSENT AGENDA Stover moved, McCarty seconded approving the Motions on the Consent Agenda and adopting the Resolutions therein: . 't .. ~ REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 2 . A. A Motion Accepting a Proposal for Professional Services Regarding Boundary Markers on City Property North of Silverwood Park B. A Motion Adopting A Resolution Making Budget Transfers" * * THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND CONSIDERED AS ITEM NO.9. 5 ** C. A Motion Adopting RESOLUTION NO. 97-82, "A Resolution Rejecting the Bids for 1997 Street Overlay D . A Motion to Approve a Sign Permit Applicant: Crosstown Sign (on behalf of Rapid Oil) Location: 19465 State Highway 7 E. A Motion to Approve the LMCIT Excess Liability Coverage and to Not Waive the Monetary Limits F. A Motion Adopting RESOLUTION NO. 97-83, "A Resolution Making an Appointment to the Shorewood Parks Foundation" G . A Motion to Approve a Contract with Senior Community Services for Cleaning Services H. A Motion to Approve a Contract with Senior Community Services for Skating Rink Supervisory Services . Motion passed 5/0. 4. MATTERS FROM THE FLOOR - None 5. PLANNING - Report by Representative Commissioner Turgeon reported on the matters considered and actions taken by the Planning Commission at their meeting of October 7, 1997, (as detailed in the minutes of that meeting). Commissioner Turgeon explained the Commission made its decision regarding the request of Eagle Crest Northwest for concept plan approval based upon the current zoning ordinances. She noted two paragraphs had been added to the proposed resolution which she believed to be arbitrary and capricious. In addition, they contradict the references made to specific building ordinances. Commissioner Turgeon explained the Commission based its recommendation upon Section 1201.03 Subd. 7. She pointed out there are other conditions which follow as well and went on to enumerate those conditions. Commissioner Turgeon noted the elements of the concept plan which represent the immediately significant elements for City review and comment include the overall maximal PUD density range, general location and extent of common open space, general location of residential and nonresidential land uses, staging and time schedule of development, and other special criteria for development. . Commissioner Turgeon stated in evaluating the request, the Council is to determine the relationship between the proposed development, the Comprehensive Plan and the ordinance. . \ f . t REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 3 . Commissioner Turgeon referenced cases where cities have been involved and found to be arbitrary and capricious in its decision on conditional use and land use issues. Commissioner Turgeon commented the developer has submitted his proposal in good faith and concurrent with the City's zoning guidelines. She asked that the proposal be considered based upon staff, Planning and Park Commission recommendations as well as the ordinances which currently exist. A . A Motion to Adopt a Resolution Approving a Simple Subdivision Applicant: Location: Peggy Greer, represented by Michael Greer 6045 Chaska Road Stover moved, McCarty seconded adopting RESOLUTION NO. 97 -84, "A Resolution Approving a Simple Subdivision for Peggy Greer, 6045 Chaska Road. " Motion passed 5/0. B . A Motion to Adopt a Resolution Regarding Concept Plan Review 0 f Planned Unit Development for Senior Housing Community Applicant: Location: Eagle Crest Northwest 25600 Highway 7 & 6140 Eureka Road . Mayor Dahlberg stated, "To start this out, I have a couple questions I just want to ask Jim and John Dean about. Jim, the new Council was in the process of actually reviewing and rewriting the Comprehensive Plan, and as a matter of fact, I think we had just gotten on to senior housing last spring, I can't remember if it was Mayor June. I remember that Jerry had highlighted a bunch of things in the Comprehensive Plan and that section as well, and we were going to go over it. Since the new Council is in the process of rewriting the Comprehensive Plan, I can only assume it is still appropriate for anyone who wants to come in and make an application, to do so. In any event, is that correct?" Administrator Hurm replied, "Yes, that is correct." Mayor Dahlberg continued, "That application, until the final is actually rewritten, would be under that plan?" Administrator Hurm stated, "Yes." Mayor Dahlberg said, "So, let me ask you this John. Obviously, changes in policy take place in cities, is it possible for a city to get sued on the basis of adopting essentially a policy with regard to something like PUDs or high density policy?" . City Attorney Dean replied, "That is a fairly general question, so I will give you a general answer. Yes. It can happen, certainly." Mayor Dahlberg asked, "So anybody can drag us into civil court no matter what obviously, it could be over policy, it could be over anything else?" City Attorney Dean answered, "Sure, typically you don't get sued over policy per say, but if you make a decision that someone views as being harmful to their interests, then you get dragged into court. So the policy is normally the first issue, then it is over the rules and regulations. In furtherance of that policy, whether the rules and regulations are applied or misapplied, that gives rise to a trip to court." . . . REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 4 Mayor Dahlberg continued, "But all of our lawsuits are based on that essential position, right? I mean, every lawsuit is based on the idea that somebody is disagreeing with the policy that has been adopted. " Mary Lou Swenson, 24745 Amlee Road, spoke in favor of the development. She noted the senior residents are the people responsible for building the City of Shorewood to what it is today, including the schools, parks and churches. She stated the seniors want to stay in the city they helped build and where they go to church, shop, doctors' offices, and socialize. Ms. Swenson felt housing at a reasonable cost should be made available which would allow the seniors to remain in the city. Mrs. William Seamans, 20 Lilah Lane, Tonka Bay, spoke in favor of the development and complimented the developers on the proposed project. She recalled this particular piece of property was considered a prime area some years ago for a senior housing development. Leyla Graupmann, 23240 Park Street, stated the builders have answered all of her questions. She has observed other developments by this applicant and was in favor of them. Ms. Graupmann also felt the units to be reasonably priced. Alice James, 6110 Tee Trail, explained she is fairly new to the community and was excited about the proposed units and is looking forward to the units becoming available. Bud Koch, 22845 Murray Street, also spoke in favor of the project. Mr. Koch noted he has attended several meetings regarding this matter and noted his understanding the proposed density is in compliance with the ordinances of the City. He questioned how fault could be found with this project when it meets the ordinance. Mr. Koch stated he would hope the ordinances would not be changed because of this development. He questioned where senior housing would be put in Shorewood if not at this location. Roy Swenson, 24745 Amlee Road, explained he has viewed many other developments, however they were not affordable. Mr. Swenson commented on the reputation and ability of the developer. He requested the Council not turn their backs on the seniors and approve the request. Jim Mertes, Minnetonka, stated he is a prior Shorewood resident. He has viewed some of the developer's other projects and noted the homes to be affordable. Mr. Mertes felt the Planning Commission did a thorough job and urged the Council to approve this request. Al Wagner, 2572 Highway 7, stated he decided to sell his property to move closer to his family. He stated if he were to stay in the area, he would be interested in living in the proposed project. He felt seniors should be able to enjoy life and remain in their community and churches. Katie Snyder, 5985 Eureka Road, spoke in opposition to the project. She recalled this to be the third proposal for senior housing in Shorewood. Ms. Snyder is opposed to the proposal not because it is senior housing, but because of the density. She expressed concern relative to increased traffic in an already high traffic area. . . . REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 5 Mike Peterson, 5910 Eureka Road, spoke in opposition to the project stating he was uncomfortable with the meeting being held in the Southshore Senior Center. He felt the issue to be about density rather than senior housing. He noted there will not be any of the necessary services within the development and felt there to be other developments which are more appropriate for seniors. Mr. Peterson urged the Council not to approved a CUP or a PUD. He requested the Council use the resources available to obtain current information relative to the needs of the seniors and that the survey which was completed six years ago not be relied upon. Once the needs are established, the Council should devote its efforts in determining how best to fill those needs. Bernadette Thompson, 6100 Seamans Drive, noted she visited other developments by this particular developer. She stated the developer does not specialize in senior housing despite their claims. In speaking with a representative of Brooklyn Park, Ms. Thompson stated approximately two-thirds of the development is comprised of seniors. In addition, the seniors who live there were described as "snowbirds" in that many of them live in another climate for four to six months of the year. She noted her understanding the City is attempting to provide affordable housing for lower income seniors. Ms. Thompson provided flyers advertising the developments in Brooklyn Park and Maple Grove. She noted these developments to be smaller with more exits than proposed for Shorewood. Ms. Thompson felt the other developments to be consistent with their surrounding neighborhoods which she considered to be high density. With regard to the developer, she did not feel they respect the differences of the proposed neighborhood versus the other neighborhoods in which they have developed. Ms. Thompson stated they are not familiar with the proposed site and noted the wetland on the subject property was identified by the neighbors and not the developers. Ms. Thompson questioned the zoning, noting it is currently RIA and RIC. She asked if the land is sold, if the zoning continues or reverts back to RIA. Planning Director Nielsen explained the zoning which existed at the time Lan-De-Con was given a Conditional Use Permit is the same as the zoning that exists today. The only difference is that in 1985 when the current zoning regulations were adopted, the name of the districts were changed, but the requirements remained the same. If Lan-De-Con sells to a similar operation, the Conditional Use Permit would travel with the land. If this is not the case, the Conditional Use Permit would expire. Mike Agnew, 6065 Eureka Road, noted he is not opposed to senior housing, but rather the high density being proposed in a low density area. He requested the Council uphold the plan for a rural community and urged them not to approve a Conditional Use Permit. Diane Agnew, 6065 Eureka Road, was also opposed to the project and wants the current RIA zoning to stay in place and requested a Conditional Use Permit not be granted. Kyle Engstrom, 6040 Burrowwood Court, expressed concern relative to high density. Don Rogers asked who the units will be sold to and expressed concern seniors from outside of the community could purchase the homes. City Attorney Dean stated the City would request the developers target seniors living in the community with their marketing plan, however, it would not be appropriate to mandate this given the fact the City has not contributed to the development financially. Keith Monjak, 6140 Pleasant A venue, was in favor of the project with the exception of the density. He would be in favor of half the number of units. Mr. Monjak expressed concern that only one exit is proposed for this project. He noted a petition requesting an Environmental Worksheet Assessment was presented to the Planning Commission and asked about the status of that request. Councilmember O'Neill stated that will be considered if a Conditional Use Permit is approved. . . . REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 6 Julie Moore, 6060 Burrowwood Court, felt prospective homeowners should take into consideration the association fees and what types of things these fees will cover. She inquired how the cost will be kept affordable when the units are resold. Attorney Dean felt the developer could address what if any mechanism they would suggest to lock in the affordability standard if they have one. Mayor Dahlberg asked if there are legal mechanisms or processes by which the covenants and restrictions could be changed. Attorney Dean explained there are. Byron Thompson, 27665 Island View Road, felt there to be lack of demand for senior housing. He stated he has not received any inquiry regarding his wishes as a senior citizen and did not feel the survey which was conducted six years ago should be taken into consideration. Mr. Thompson noted his opposition to senior housing. He stated he would prefer to live in an area of mixed ages, from seniors to children. Mr. Thompson expressed concern the Council will change the requirements at some point in the future which would suspend the requirement this project remain strictly seniors. He felt the decision should also take into consideration the park nearby is basically for children. The playgrounds there are not for seniors and there are no benches available. There is also no access to the trail for walking. In addition the development would not be within walking distance to services. Steve and Gina Hertzenbergh, 26115 Shorewood Oaks Drive, were opposed to the development on the basis of zoning and density. Mr. Hertzenbergh expressed concern that other communities in the area have not provided any input or been involved in this proposed development. He stated there has not been an identified need for this project in Shorewood. Mr. Hertzenbergh referenced the 1991 marketing survey in which 1,300 seniors were surveyed from the surrounding communities and 391 replied. He felt the survey was seriously flawed because it did not ask seniors if they have, see or feel a need for affordable senior housing. Mr. Hertzenbergh stated the Metropolitan Council has determined there is a surplus of senior housing in the metropolitan area and he did not feel seniors should be singled out for affordable housing. Mayor Dahlberg recessed the meeting at 9:25 p.m. and reconvened at 9:35 p.m. Lou Jacobson, 4200 Christie Lane, Minnetonka, stated she and her husband are very interested in this development. She has viewed the other developments and was impressed with what she saw. Mrs. Jacobson noted it is human nature to resist change and stated she understands the feelings of the surrounding neighbors who are opposed to the project, however, asked them to view this development in a positive way. Cory Nelson, 5980 Seamans Drive, felt Steve Hertzenbergh had covered his concerns. He stated he was taught to live within his means and since the neighborhood is zoned RIA, he felt it should remain. Mr. Nelson stated he bikes with his children and did not feel people who do not reside in the area realize how drastic the traffic problem is. He felt this development would make the traffic in the area unlivable. Mr. Nelson noted his issue to be with density. He stated senior citizens hold 77 percent of the wealth in the country. He felt other solutions should be investigated. In addition, private funding should be sought to buy down the cost of the land which will allow for a lower density which will fit in with the surrounding neighborhood. Pete Winomo, Shorewood Oaks Drive, had questions relative to zoning. He asked how high density could move in overnight. Mr. Winomo did not feel the ordinances and taxes should be changed to make this development affordable. . . . REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 . PAGE 7 Beverly Koehnen, Shakopee, appeared on behalf of her father, Roy Seamans, 6115 Seamans Drive. Mr. Seamans was concerned with how the development can be approved on the supposition there will be roads to support it. Mr. Seamans' father donated the land for Seamans Drive many years ago. In addition, he donated land for Yellowstone Trail. Ms. Koehnen stated there will be no further land taken from her father's estate for any roadway. Ed Bergslien, 24785 Smithtown Road, was opposed to the project given the density. He stated he has never been questioned regarding the project and has not heard any interest on the part of others. Mr. Bergslien did not feel the City could afford this project given its current indebtedness. Bo Whitrak, 21200 Christmas Lane, commented on the election of the Preservation Team and noted among their promises was a commitment to stop special deals to developers, to preserve the City and not over build it, and to respect property rights and values. Mr. Whitrak noted there was an 85 percent turnout for this election because of the promises of the Preservation Team. He also noted the Preservation Team was opposed to high density housing. Mr. Whitrak read excerpts from a newspaper advertisement in which a statement was made by the Preservation Team that Mayor Bean and the previous Council had ignored neighborhood majorities. The Preservation Team promised to preserve the natural beauty of Shorewood by strictly enforcing the zoning laws for development and green space. Bill Gleason, Eagle Crest Northwest, noted every project which is developed by Eagle Crest Northwest is designed for senior housing although they have not all been limited to seniors. This is the first development which would be restricted to seniors. He noted there is a demand given the sales in the developments in Brooklyn Park and Maple Grove. Mr. Gleason stated this is a good project for the area given its proximity to the highway and the park. He noted the density in Brooklyn Park is different than Shorewood, however the Brooklyn Park development does back up to a residential neighborhood. Mr. Gleason also noted the majority of the sales are made to people who are 62 or older. The project in Maple Grove is across the street from $400,000 houses. There is a wetland area in close proximity as well. Mr. Gleason noted some traffic studies have been completed and it has been found that seniors are not generally out during peak hours. Mr. Gleason stated there is definitely not a surplus of senior housing. Most of the homes are purchased on a cash basis. He pointed out this would be affordable housing as opposed to low cost housing. This is the type of housing which will allow seniors the option of owning another residence in a warmer climate. John Gleason addressed the issue of the traffic study which was performed by a company which specializes in traffic studies, a copy of which was distributed to the Council. In reviewing the trip generation manual produced by the Institute of Transportational Engineers, it was noted limited information is available relative to traffic in a senior development. The traffic study which was completed was of a 44 unit development with one way in and one way out. In considering 3.19 trips times 68 homes, it is estimated there would be 260 trips in and out of the development. In addition, these trips were not at peak driving times. Mr. Gleason noted 22 single family homes would have a greater impact on traffic than the proposed development. Bill Gleason pointed out the crime rate in a development such as the proposed development is very low. John Gleason gave a slide presentation depicting the units and described how they are built. He pointed out the proposed development is considered a medium sized project. REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 8 . Paul Weingarten, attorney for Eagle Crest, explained he also represents various municipalities. With respect to land use issues and other factors which are to be considered, he requested the Council strictly enforce the current zoning ordinance. Mr. Weingarten noted this is not a request for rezoning or a variance. The request is for a Conditional Use Permit which would place certain conditions upon the project. Mr. Weingarten commented that since 1991, senior housing, with certain conditions, has been a permissible use in the zone of the subject property for a maximum of 108 units. The developer is requesting only 68 units. Mr. Weingarten felt if single family homes were to be constructed, assuming a two parent family with 2.5 children, this would be very similar to the population of the proposed development given the fact that 30 percent of the people who buy into these projects are single. Mr. Weingarten noted many of the residents are "snowbirds" and will not be present half of the year which will reduce the density issues. He did not feel these residents would be requiring police calls or be a burden on the roadways. In addition, Mr. Weingarten pointed out these residents will be paying property taxes for the benefit of the schools and will realize no return on those taxes. They will also be contributing towards the parks and recreation facilities and will probably not use them to the extent the children of the community will. Mr. Weingarten stated the request meets the requirements of the Comprehensive Plan and the ordinance. He pointed out the request has been approved by the Planning Commission as well as City Staff. He did not feel there to be a justification for denying the request based upon land use criteria and requested the Council enforce the ordinance and grant the permit which the ordinance states the developer is entitled to. . Byron Thompson stated he would like to see the ordinance of 1991 rescinded. Cory Nelson stated whether or not there are amenities on the property is the single biggest factor in performing a traffic study. He felt the traffic from the development would be closer to that of a single family neighborhood which would be closer to nine trips per household. A resident asked what conditions could be set forth in the granting of a Conditional Use Permit. Councilmember Garfunkel explained the process is not to the point of a Conditional Use Permit. The request at hand is for approval of a concept plan. If the concept plan is approved, then the Conditional Use Permit would be discussed. Ms. Koehnen asked whether the Council would take this matter beyond the concept stage with the absence of the approval of the roads necessary to service the area. Councilmember O'Neill stated the road has never been considered by the Council. Ms. Koehnen expressed her understanding a decision would be made given the roads as they exist today and asked whether the Council can support this type of development. A resident pointed out with respect to road closures, that is a decision of MNDOT and not the Council. She further noted MNDOT will do this regardless of the wishes of the City. . Ms. Koehnen asked if the Council is able to go ahead assuming the roads are not going to happen and whether the development will be feasible without a service road over to Eureka Road. Planning Director Nielsen explained there are a number of proposals for the Highway 7 corridor which will be studied further. He noted the extension of Yellowstone Trail is one alternative. Councilmember O'Neill explained he spoke with MNDOT and a study will hopefully be completed prior to the end of October. REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 9 . Bernadette Thompson stated at concept stage there are issues which need to be considered, one being the compatibility issue. She asked that each councilmember give their definition of compatibility. Ms. Thompson noted the neighborhood does not feel this project is compatible with the neighborhood given the density. With respect to the issue of compatibility, Nielsen pointed out the Council should refer back to the Comprehensive Plan which includes maps as well as a series of policies relative to different kinds of developments. He noted to some degree, however, the issue of compatibility is a judgment call. Mr. Koch felt the information related at the prior meeting regarding how many people had signed in as visitors to the Seasons was inaccurate. He asked how many visitors had signed in during the first two years. Mr. Koch pointed out the Seasons is very expensive. Ms. Swenson pointed out many of the original Shorewood residents cannot afford the cost of the Seasons or the maintenance and upkeep of a private home. Ms. Engstrom noted that the wetland has resulted in the number of units being reduced from 80 to 68, possibly less. She asked at what point the cost per unit increase from $120,000 given the reduction of units. Mr. Gleason stated for some people the $120,000 may not be affordable. Most sales are completed on a cash basis because the purchaser is using the equity in their home as well as some savings to purchase a stepdown home. He noted if concept approval is not given, he will not be able to investigate the feasibility of the development. Mr. Gleason stated the reduction in units will increase the cost, however, he is looking at ways in which to reduce costs. In addition, he pointed out the developer is not seeking any type of subsidies. . Mr. Gleason stated he will open marketing of the units to the surrounding area. Typically a high percentage of the purchasers are from the surrounding area. Steve Hertzenbergh felt there to be city subsidies given the City will charge water and sewer as if this were RIA zoning 22 units when in fact there were 80 units proposed. Councilmember O'Neill stated that is true, however, that is a part of the code. Mr. Hertzenbergh asked if concept approval is given, what ability will the Council have to vote down the project. Councilmember O'Neill explained there are a number of items which have not been resolved and this is not a done deal if it obtains concept plan approval. Mike Agnew inquired whether the water issue was resolved relative to fire flow. Nielsen explained the flow was reexamined and there is not adequate flow for fire protection. This issue remains unresolved at this time. Nielsen also pointed out the water fees for the development are not reduced, however, the sewer and park fees would be. . John Gleason stated he simply wants to comply with the ordinance in place and is not asking for a reduction in the water fees. He felt the ordinance was put in place because there is less usage and impact on the various facilities so it would not be appropriate to charge the same amount. A resident expressed concern the laws not be changed and that the current residents be allowed to raise their families in the same environment as the seniors were able to raise their families. Commissioner Turgeon asked Attorney Dean to address the issue of the 62 and older restriction, the 30 years, the extension of the 20 years if the association agrees to it and also services for age 55 versus age 62. Attorney Dean explained the 62 and older restriction is valid, lawful and enforceable for a period of 30 years by law. There are some steps which could be taken which would allow the City to increase this an additional 20 years. With respect to services for a development of residents 62 and older, there would be no other amenities and facilities which . . . REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 10 would be required. A development of residents 55 or older would require certain significant facilities and services be provided. Mike Agnew asked whether the age requirement could be reduced. Attorney Dean stated under the ordinance this could be done, however, some of the amenities which may need to be provided might require additional construction on the site which would not perhaps be consistent with the site plan. There may also be implications relative to traffic. The 55 and older requirement intends occupancy by at least one person 55 years of age or older and not exclusively, so this may create a problem. Mike Peterson requested the Council make a decision with the idea a Conditional Use Permit is actually being approved or denied. Attorney Weingarten stated the developer would make the same request. Councilmember Stover suggested the two paragraphs relative to density under Section "d" of the proposed resolution be deleted. Councilmember McCarty suggested since the request requires a 4/5 vote, it may not be necessary to conduct extensive discussions on this matter. Mayor Dahlberg explained the Council is in the process of rewriting the Comprehensive Plan. He expressed his belief policy instability is a significant problem. Mayor Dahlberg stated he rejects the ordinance the way it is written today and felt it would be better for senior housing and everyone involved that the zoning be worked out ahead of time. He stated he is rejecting the current ordinance since there were not explicit public hearings relative to dedicating a specific area to a specific use. Councilmember Stover noted the proposal meets the current ordinance whether an individual likes the ordinance or not. If the concept plan is not supported at this level, the Council must give reasons for the denial. Denying the request because of a disagreement with the ordinance could be viewed as an arbitrary decision. If the Council wants to change the ordinance, then it should be changed. Councilmember Stover felt the Council should live by the current policy since it hasn't been changed. Councilmember O'Neill noted he had suggested this matter be addressed nine months ago and felt there should have been more done to complete this work. He noted his agreement with Councilmember Stover and expressed concern relative to possible legal action being taken against the City. Councilmember O'Neill stated he was very moved by the seniors, but did not feel he could approve the density. He pointed out he has been working on this issue to reach a compromise, noting he prefers to work out a compromise. Councilmember O'Neill stated he would prefer a lower density project for this particular site. Councilmember Garfunkel stated each piece of land is unique and there are problems on this particular site with density and the way it is set up. He stated he wants to be fair to the developer given the costs involved. Councilmember Garfunkel felt the unique features create problems on this site. He noted hard cover and traffic problems to be just two of the problems. Dahlberg moved, Garfunkel seconded directing staff to prepare a Findings of Fact denying the Concept Plan of Planned Unit Development for Senior Housing Community for Eagle Crest Northwest, 25600 Highway 7 and 6140 Eureka Road. Motion passed 3/2. (Councilmembers Stover and McCarty were the dissenting votes.) . . . REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 11 Mayor Dahlberg recessed the meeting at 11:20 p.m. and reconvened at 11:30 p.m. Councilmember McCarty left the meeting at 11 :20 p.m. 6. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING ABATEMENT OF WATER ASSESSMENT - 26115 BIRCH BLUFF ROAD Councilmember Stover asked whether the other two property owners involved had been contacted. She suggested they may prefer to pay the $5,000 assessment rather than take the chance the price will be higher in the future. She suggested the two property owners be contacted and their written requests obtained. Garfunkel moved, Stover seconded adopting RESOLUTION NO. 97-85 "A Resolution Authorizing Abatement of Water Assessment for the Fredrickson property at 26115 Birch Bluff Road," and not to include the other two properties until they have been contacted. Motion passed 4/0. 7. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION DECLARING ADEQUACY OF PETITION FOR IMPROVEMENTS AND LEVYING FOR WATERMAIN SPECIAL ASSESSMENTS - WATERFORD 5TH ADDITION O'Neill moved, Dahlberg seconded adopting RESOLUTION NO. 97-86 "A Resolution Declaring Adequacy of Petition for Improvements and Levying for Watermain Special Assessments - Waterford 5th Addition" Motion passed 4/0. 8. CONSIDERA TION OF A MOTION ADOPTING THE TREE POLICY BY PENAL TIES FOR VIOLA TIONS ADMINISTRA TIVE SANCTIONS TO ADOPT AN ORDINANCE REFERENCE PROVIDING FOR AND DISCUSSION ON Councilmember Stover suggested this matter be considered a first reading and delay action to a later time to allow for discussion relative to this policy. She noted this matter could be added to the next agenda for a second reading. Dahlberg moved, Stover seconded to consider this a first reading, bringing the matter back for a second reading at the next regular meeting of the City Council. Motion passed 4/0. 9. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION APPROVING CHANGE ORDER NO. 1 - PROJECT NO. 95-19 SHADY ISLAND BRIDGE Stover moved, Garfunkel seconded adopting RESOLUTION NO. 97-87, "A Resolution Approving Change Order No. 1 - Project No. 95-19 Shady Island Bridge." Motion passed 4/0. 9.5. CONSIDERATION OF A MOTION ADOPTING A RESOLUTION MAKING BUDGET TRANSFERS Mayor Dahlberg asked if these budget transfers were scheduled for the current year. Administrator Hurm confirmed this. . . . II, f. \. REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 12 Stover moved, O'Neill seconded adopting RESOLUTION NO. 97-88, "A Resolution Making Budget Transfers." Motion passed 4/0. 10. ADMINISTRATOR & STAFF REPORTS A. Staff Report on Development Monitoring Watten Ponds Nielsen reported an attempt was made to save a maple tree which is located on one of the first lots being built. This tree had originally been designated for removal. Due to site contours it has become apparent the tree cannot be saved and the original tree preservation plan will remain in place. Smithtown Meadows/Heritage Nielsen reported an attempt is being made to see that the landscaping is finished on both Smithtown Meadows and the Heritage Developments prior to the end of the season. B . Report on Shoreline Messages Administrator Hurm reviewed the messages received on the Shoreline. Concern was raised relative to runners and bicyclists on the trail who are running onto main roads. A suggestion was made that bigger stop signs be placed on the trails or that there be additional police enforcement particularly at Smithtown, Eureka and Strawberry Lane. Another request was received for an article to be included in the upcoming issues of the newsletter discussing the Metropolitan Council, how large the Council is, a description of its budget and how the Metropolitan Council relates to the City of Shorewood. Concern was raised relative to having the ability to print an in depth article in the newsletter in which articles are kept relatively brief. Councilmember Stover suggested this may be an appropriate topic for a Council meeting or possibly a discussion for cablevision. C. Report on Fire Department Controlled Burn at 5885 Seamans Drive Administrator Hurm report the Fire Department will be conducting practice bums at a building located at 5885 Seamans Drive. Members of the Council have been invited to participate in this activity. Councilmember O'Neill expressed his interest in participating as did Mayor Dahlberg. Mayor Dahlberg requested a winter ride along be scheduled for him with the police department. D . Engineer's Report on Extended Construction Hours to Work on Shady Island Bridge Hurm explained it is the intent of the City to allow the contractor working on the Shady Island bridge to work on Sundays. The residents were not opposed to this since they would like to see the bridge finished as soon as possible. ..; <... "- REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 13, 1997 - PAGE 13 . 11. MA YOR & CITY COUNCIL REPORTS A . Establish December Meeting Dates Councilmember O'Neill proposed that a work session be scheduled to discuss the issue of senior housing. This work session was scheduled for Wednesday, November 19, 1997, at 7:30 p.m. November 17,1997, is a tentative date which would be available for a work session if necessary. Hurm noted the Truth in Taxation Meeting has been scheduled for Wednesday, December 3, 1997, at 7:30 p.m. Stover moved, Dahlberg seconded rescheduling the December Regular City Council Meetings from December 8 and December 22 to December 3 and December 15. Motion passed 4/0. B . Discussion on Request for Additional Funding of 4th of July Celebration Mayor Dahlberg suggested staff review this matter and return to the Council with a recommendation. Councilmember Stover suggested an appeal in the newsletter requesting donations in support of the 4th of July Celebration. With respect to the document which was received from the Minnehaha Creek Watershed District, it was the consensus of the Council to direct staff to the review document and bring a recommendation before the Council. 12. ADJOURNMENT . Garfunkel moved, O'Neill seconded adjourning the meeting at 12:00 a.m. subject to the approval of claims. Motion passed 5/0. RESPECTFULLY SUBMITTED, Cheryl Wallat, Recording Secretary TimeSaver Off Site Secretarial, Inc. ATTEST: T .