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020899 CC Reg Min• U 0 CITY OF SHOREWOOD CITY COUNCIL MEETING MONDAY, FEBRUARY 8, 1999 MINUTES 1. CONVENE CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. Mayor Love called the meeting to order at 7:04 p.m. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Stover, Lizee and Zerby; Administrator Jim Hurm; City Attorney Tim Keane; Planning Director Brad Nielsen; and Engineer Larry Brown. B . Review Agenda Mayor Love read the Agenda for February 8, 1999. The agenda was accepted as amended: Councilmember Lizee requested item 3A be moved to 14A. 2. APPROVAL OF MINUTES A . City Council Executive Session Minutes - January 25, 1999 Lizee moved, Zerby seconded to approve the City Council Executive Session Minutes of January 25, 1999, as presented. Motion passed 510. B . City Council Special Session Minutes - January 25, 1999 Garfunkel moved, Lizee seconded to approve the City Council Special Session Minutes of January 25, 1999, as amended. Page 1, #2, "Interviews for Performance Evaluation Consultant Position." Motion passed 510. C . City Council Regular Meeting Minutes - January 25, 1999 Lizee moved, Garfunkel seconded to approve the City Council Regular Meeting Minutes of January 25, 1999 as amended: Page 5, Section D, "...on the site o f Lake South Automotive..." Motion passed 510. D . City Council Executive Session Minutes - February 1, 1999 Lizee moved, Garfunkel seconded to approve the City Council Executive Session Minutes of February 1, 1999 as presented. Motion passed 510. E . City Council Special Session Minutes - February 1, 1999 Garfunkel moved, Zerby seconded to approve the City Council Special Session Minutes of February 1, 1999 as amended: "1. Mayor Love called the Special Meeting to order..."; Roll Call: Absent: Councilmember Stover. Motion passed 510. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 8, 1999 - PAGE 2 • 3. CONSENT AGENDA Stover moved, Lizee seconded approving the Motions contained on the Consent Agenda as amended, and Adopting the Resolutions therein. A. A Motion to Approve the Request to Allow the Norwest Half Marathon to Traverse the City on May 2, 1999 - THIS ITEM WAS CONSIDERED AS ITEM #14A. B . A Motion to Adopting RESOLUTION NO. 99-007, "A Resolution Accepting the Final Emergency Vehicle Preemption Devises (EVP) Project and Approving the Signal Agreement - Highway 7." Motion passed 510. 4. MATTERS FROM THE FLOOR There were none at this time. 5. CONSIDERATION OF A MOTION REGARDING STIPULATION OF A SETTLEMENT IN THE MATTER OF EAGLE CREST NORTHWEST INC. VS. THE CITY OF SHOREWOOD Attorney Keane introduced George Hoff, Special Council for the City of Shorewood vs. Eagle Crest. • Mr. Hoff presented a contingent settlement agreement between the City of Shorewood and Eagle Crest. The settlement has been accepted by Eagle Crest. He advised that the agreement includes the following points: 1. Up to 62 senior housing units, subject to adjustment for wetlands; and 2. General conceptual outline is subject to further refinement at the development stage. Mr. Hoff recommended acceptance of the contingent settlement agreement. Mayor Love asked the public for any comments regarding this subject. Mr. Cory Nelson, 5980 Seamans Drive, had concerns regarding traffic safety, as have been considered by prior City Councils. Item #15 in the current proposal does not allow the Council to stop construction even if this situation is not mitigated. Mr. Nelson wondered why there was no public discussion prior to the vote on the 62 unit compromise. He also felt this issue is moving forward too fast, and not enough has been time given to the neighborhood to react. Mr. Nelson submitted a copy of his comments for the record. Mr. Bill Hardenbergh, 5960 Seamans Drive, stated his disagreement with the ordinance and expressed his opposition to this development. Mr. Jay Venero, 5985 Seamans Drive, stated the neighborhood in general is not against senior housing, but finds this development in particular to fall short of expectations and needs, particularly due to location. He added being close to the highway, and to parks, the noise level may end up being a problem for the seniors who move there. He also anticipates that there will be traffic fatalities on the intersection of Eureka Road and Highway 7. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 8, 1999 - PAGE 3 • Ms. Mary Lou Swenson, 24745 Amlee Road, pointed out that previously the location was considered for a park. She questioned if traffic is bad for seniors, why was this concern not voiced when the City Council considered an intensified use of the land for children. Ms. Bernadette Thompson, 6100 Seamans Drive, questioned how much senior housing is required in Shorewood. She expressed a desire for a moratorium on future senior housing. She also voiced opposition to the increased density in the neighborhood, which is now fairly low density. Mayor Love thanked the public for their comments and asked Mr. Hoff to address the questions asked by Mr. Nelson on drafting the agreement. Mr. Hoff explained the process involved many people and was fairly lengthy. Attorney Keane reviewed the process to proceed with this project, requesting the Council to consider a motion on the settlement agreement, which is contingent upon the next agenda item, PUD concept approval. Mr. Paul Weingarden, Attorney for Eagle Crest, stated the concessions Eagle Crest has made, and that they have considered the traffic implications. He noted studies have indicated that this senior housing development will generate less traffic than single family homes. Mr. Weingarden also expressed concern about the extension of the senior housing moratorium and asked about the impact it would have on this project. Councilmember Garfunkel stated that this project has been ongoing and very difficult for the City and the neighborhood. He felt the project was well meaning, but the execution had been rocky, and some issues were decided arbitrarily. Garfunkel would like to note for the record that there is a large group of citizens that are against this project. He felt that the process needs to be improved. Councilmember Stover commented that affordable senior housing has been an issue for years. Mayor Love stated that since this project ended up in a law suit, the process needs to be reviewedto avoid such situations in the future. Councilmember Zerby pointed out that this issue has come down to the need to settle the law suit. Councilmember Garfunkel agreed that at this point, that must be the deciding factor. Mayor Love asked if the price of the units will still be affordable. The representative of Eagle Crest stated that the cost will be very close to the original estimate of $120,000, in spite of the lower number of units. Lizee moved, Stover seconded approving the Stipulation of Settlement in the matter of Eagle Crest Northwest Inc. vs. The City of Shorewood. Mayor Love called for a roll call vote. Motion passed 510. 6. CONSIDERATION OF A RESOLUTION APPROVING A P.U.D. CONCEPT PLAN FOR EAGLE CREST NORTHWEST INC. Lizee moved, Stover seconded to adopt RESOLUTION NO. 99-008, "A Resolution Approving a P.U.D. Concept Plan for Eagle Crest Northwest Inc." Mayor Love called for a roll call vote. Motion passed 510. 0 CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 8, 1999 - PAGE 4 • 7. CONSIDERATION OF SENIOR HOUSING REGULATIONS A . Draft Amendment Deleting Current Zoning Provisions Relative to Senior Housing Planning Director Nielsen reported on the amendment to current regulations on senior housing, and noted that the Planning Commission, after holding a public hearing, had tabled the matter, stating that they would rather take up that ordinance amendment after study of the hosuing section of the Comprehensive Plan. Garfunkel moved, Zerby seconded to refer the current amendment back to the Planning Commission for a recommendation. Motion passed 5/0. B . Senior Housing Moratorium Planning Director Nielsen reported that the current moratorium on senior housing expired as of this meeting date, and asked if the Council wanted to extend the moratorium. Councilmember Garfunkel questioned the effect of an extension to the moratorium on a new development proposal. Attorney Keane replied the extended moratorium would apply to new proposals, and could do so up until final approval was granted. Mayor Love stated he believes that until this policy is changed or re -affirmed, it would be best to have a moratorium in place. • Councilmember Stover stated that a moratorium seems to give the impression that the issue can be put off. She would like to see this issue worked on diligently rather than extending a moratorium Mr. Cory Nelson, 5980 Seamans Drive, stated that the neighborhood has been put at risk. He felt a stoplight is needed at the intersection of Highway 7 and Eureka Road. He noted two large parcels of land exist there, and the neighborhood did not want more than 40 units in total on both parcels. 62 units have been approved, and Mr. Nelson would like the City to find out if more are needed before the City considers any more senior housing. Mr. Jay Venero, 5985 Seamans Drive, stated that the neighborhood did not really know that a project like this was an actual possibility. He expressed concern that this could happen to other neighborhoods, and believes more information needs to be given to the citizens, in terms that can be understood. Ms. Bernadette Thompson, 6100 Seamans Drive, stated that the people who took the survey on senior housing needs did not seem to even know what had been asked. She does not believe that this location is right for senior housing besides simply being available. She also questioned how the moratorium works. Attorney Keane explained how the implications of the moratorium, and the limitations of it as it pertains to the case of Eagle Crest. Garfunkel moved, Zerby seconded to adopt ORDINANCE NO. 350, "An Ordinance Extending the Senior Housing Moratorium, excluding the proposal b y Eagle Crest, until the end of June, 1999." Motion passed 4/1 (Stover opposed). CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 8, 1999 - PAGE 5 Stover reiterated her belief that a moratorium is a delay process and indicated she would rather see • the issue studied and decided upon in a more timely manner. 8. PUBLIC INFORMATION MEETING ON COUNTY ROAD 19/SMITHTOWN ROAD INTERSECTION IMPROVEMENTS Engineer Brown gave a brief presentation for the public on the intersection improvements that were discussed at the last meeting. He also noted that March 4th has been scheduled for an open house on this issue. Mr. Duncan Storlie, 5375 Eureka Road, questioned how this change will affect the businesses on the corner of County Road 19 and Smithtown Road. Engineer Brown stated that a study is being done to answer this question, but the information is not available yet. Mr. Bob Gagne, 24850 Amlee Road, asked how the City of Tonka Bay has reacted to this project. Engineer Brown stated he will present the project to Tonka Bay at their next meeting to be held February 9. Councilmember Zerby asked about expenses Tonka Bay regarding this project. Engineer Brown stated that Hennepin County will be picking up Tonka Bay's responsibility. 9. DISCUSSION WITH LEN SIMICH, EXECUTIVE DIRECTOR OF SOUTHWEST TRANSIT REGARDING OPTIONS FOR TRANSIT . Administrator Hurm reported that the statute does not allow Shorewood to opt out of the Metropolitan Transit system. He noted as the political climate keeps changing, this situation may change. He questioned, if it were possible, would Shorewood want to opt out of the system. Mr. Len Simich, Executive Director of Southwest Transit, presented the pros and cons relative to Shorewood if they went with Southwest Transit for services. Mr. Simich stated that trying to opt out of the Metropolitan Transit System may be a difficult process. He noted the City Council will have to determine if the difficulty would be worth it. Mayor Love questioned what kind of improvements would be possible if Shorewood joined with Southwest Transit. Mr. Simich stated that one step would be to check with neighboring communities to see if they would also like to work on the opt out plan and join Southwest Transit, or form an association and make a system of its own. Administrator Hurm stated that a survey or some other way should be undertaken to find the interest level of citizens regarding a transit system.. He reported Metropolitan Transit does a "needs study" that may be a place to start. Mayor Love thanked Mr. Simich for sharing his time and ideas, and stated that Shorewood has a lot to think about in regard to this subject. Councilmember Garfunkel suggested Representative Tom Workman be contacted to talk with the City Council about options. • CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 8, 1999 - PAGE 6 10. PLANNING - REPORT BY REPRESENTATIVE • Commissioner Bailey reported on the January 19, 1999, Planning Commission meeting as reported in the minutes. He noted highlights included the continuation of the discussion of the L-R District, and stated that this project is going very well. Bailey commented on the tabled issues, stating that the Planning Commission felt that the new Council needs to address these issues. He also pointed out the concern the Planning Commission has for dealing with the Comprehensive Plan in sections, rather than as a whole. 11. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION ENDORSING CANDIDATES FOR APPOINTMENT TO THE MINNEHAHA CREEK WATERSHED DISTRICT Councilmember Lizee stated that the current representatives, Pamela Blixt and Malcolm Reid, wish to be re -appointed. Lizee moved, Stover seconded to Adopt RESOLUTION NO. 99-009, "A Resolution Endorsing Candidates for Appointment to the Minnehaha Creek Watershed District." Motion passed 510. 12. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION AUTHORIZING ACCEPTANCE OF A DEED AND CONVEYANCE OF A CONSERVATION EASEMENT IN FAVOR OF MINNESOTA LAND TRUST - EUREKA ROAD Attorney Keane reported on the status of the adoption of the conservation easement on Eureka • Road. He reviewed the limitations that the agreement places on the City regarding any development of this land, and noted the land will be preserved as open space indefinitely. Staff recommends approval of the resolution. Garfunkel moved, Zerby seconded to Adopt RESOLUTION NO. 99-010, "A Resolution Authorizing Acceptance of a Deed and Conveyance of a Conservation Easement in Favor Of Minnesota Land Trust - Eureka Road." Motion passed 510. 13. CONSIDERATION OF A MOTION TO ADOPT A RESOLUTION MAKING AN APPOINTMENT OF REPRESENTATIVE TO THE LAKE MINNETONKA COMMUNICATIONS COMMISSION Garfunkel moved, Stover seconded to Adopt RESOLUTION NO. 99-011, "A Resolution Making an Appointment of Jeffrey Foust to the Lake Minnetonka Communications Commission." Motion passed 510. 14. REVIEW OF LAND USE AND NATURAL RESOURCES SECTIONS OF THE COMPREHENSIVE PLAN Planning Director Nielsen reported the Planning Commission tabled discussion on the Land Use chapter in hopes of receiving some direction from the Council on this issue. Mayor Love suggested a Study Session dedicated to this subject. Commissioner Bailey suggested the Council point out any areas of contention that the Planning Commission can then work on. • CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 8, 1999 - PAGE 7 Mayor Love directed the Councilmembers to make notes on any areas that they may have questions • or comments, and submit these to Planning Director Nielsen, who will present an analysis of these concerns at the next Council meeting. 14A. A MOTION TO APPROVE THE REQUEST TO ALLOW THE NORWEST HALF MARATHON TO TRAVERSE THE CITY ON MAY 2, 1999 Councilmember Lizee questioned the route and directed staff to make sure it is the same as last year. Stover moved, Lizee seconded approving the request to allow the Norwest Half Marathon to traverse the City on May 2, 1999, contingent upon the route being the same as in previous years. Motion passed 510. 15. ADMINISTRATOR AND STAFF REPORTS A . Staff Report on Development Monitoring Engineer Brown stated that all is quiet at this time. B . Report on Shoreline Messages Administrator Hurm reported on two messages related to trails, both requesting a trail to cross Highway 7. He noted the open house on the trail process is coming up, and will be advertised. C . Report on Excelsior Fire Department 1998 Year End is Administrator Hurm presented the Fire Department's reports on call volume. Some concern was voice on the number of false alarms. D . Report on South Lake Minnetonka Public Safety Department 1998 Year End Administrator Hurm reported on a call from a resident on Noble Road, regarding a problem with crows. This problem is being investigated. E . Report on Status of Y2K Action Plan and Discussion of Related Issues Engineer Brown reported that the utility companies are reporting they have already found and corrected many of the problems associated with the year 2000. Administrator Hurm added the City is treating this the same as disaster preparedness, in case there are major power outages or other problems at the turn of the century. 11. MAYOR AND CITY COUNCIL REPORTS Councilmember Lizee suggested that the packets delivered by the Police Department could be picked up, to keep the officers on duty rather than running this type of errand. Lizee moved, Zerby seconded directing staff to look into new ways of delivery City Council packets. Motion passed 5/0. CITY COUNCIL REGULAR MEETING MINUTES FEBRUARY 8, 1999 - PAGE 8 • Councilmember Lizee stated that now that the City has a new LCD System, she would like to see it being used. Planning Director Nielsen stated that some new software, and possibly hardware, is still needed for this system to run smoothly. Councilmember Garfunkel reported on a positive cash flow with regard to the liquor store operations in 1998. Report on January 26 Fire Department Special Review Committee Meeting Mayor Love reported that the Committee will be surveying other fire departments for ideas and costs. He noted the Committee has received some information from Mr. Steve Finch. Some Committee members have suggested Mr. Finch be paid if he does the survey. Councilmember Garfunkel stated that the Committee started out as volunteers. He noted this request for payment seems to have come "out of the blue." This issue will be discussed at length at the next Committee Meeting. Mayor Love gave a recap of how the Committee has expanded, including new ideas and priorities. He reported false alarms have become a topic of concern, and this is one of the areas to be studied and addressed. 17. ADJOURNMENT Lizee moved, Garfunkel seconded to adjourn at 10:05 p.m. subject to approval of claims. Motion passed 510. RESPECTFULLY SUBMITTED, Kristine Kitzman, Recording Secretary Timesaver Off -Site Secretarial, Inc./ . I // WOODY LOVE, MAYOR JAMJJS C. HURM, CITY ADMINISTRATOR 0