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081301 CC Reg Min ~. . . . CITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 13, 2001 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00P.M. MINUTES 1. CONVENE CITY COUNCIL MEETING Mayor Love called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Garfunkel, Lizee, Turgeon, and Zerby; Administrator Dawson; Engineer Brown; Finance Director Burton; and Planning Director Nielsen Absent: Attorney Keane (arrived 7:17 P.M.) B. Review Agenda Mayor Love reviewed the Agenda for the evening. Councilmember Turgeon requested Item 9B, A Discussion of the Process Utilized Regarding the City Administrator's Evaluation Form be added to this evening's Agenda. Lizee moved, Zerby seconded, approving the Agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Special Meeting Minutes July 23, 2001 Lizee moved, Turgeon seconded, approving the City Council Special Meeting Minutes of July 23, 2001, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes July 23, 2001 Lizee moved, Zerby seconded, approving the City Council Regular Meeting Minutes of July 23, 2001, as amended on Page 2, Item 5, change "Berglien" to "Bergslien." Motion passed 5/0. 3. CONSENT AGENDA Garfunkel moved, Turgeon seconded, approving the Motions contained on the Consent Agenda and Adopting the Resolutions Therein: A. Approval of the Verified Claims List B. Establish October 27,2001 as the Fall Clean-Up Date C. Authorization to Advertise for Light Equipment Operator D. Appeal for Extension of Time Appellant: Matt Phillippi Location: 21155 Minnetonka Boulevard " . . . CITY COUNCIL REGULAR MEETING MINUTES August 13, 2001 Page 2 of 10 E. Approval of RESOLUTION NO. 01-045, "A Resolution Approving a Temporary Gambling License for Sons of the American Legion Post 259, 24450 Smithtown Road." F. Authorization to hire an Assistant Liquor Store Motion passed 5/0. 4. MATTERS FROM THE FLOOR Ms. Norma Rivkin, 5815 Echo Road, addressed the Council with her request on behalf of the Garden Club. She stated the Garden Club would like to work on the woods behind the Southshore Community Senior Center. She requested the City complete the steps near the bridge as well as provide a small stipend for the purchase of some bulbs to be planted in that area. She also stated a Boy Scout Troop would possibly be available to help with the removal of brush in the area. In the event the Troop would not be available for the project, she also requested being able to utilize a chipper with the chipped wood then being recycled for use as a garden path. Engineer Brown explained the bridge was in place prior to the construction of the Senior Center, and there were nothing currently planned for replacement of the steps. In addition, he noted the Department of Public Works had tried to clear the area, but had received complaints from some surrounding residents that considered the removal of deadfall to be detrimental to the wildlife in the woods. While he was not personally opposed to the brush removal, he suggested perhaps the Garden Club work with the neighbors to see if agreement could be reached regarding removal of the brush. Ms. Rivkin also noted seniors from the Center were also willing to volunteer for participation in this project. Mayor Love thanked Ms. Rivkin, the Garden Club, and all volunteers for interest in the project. 5. PARKS Engineer Brown stated no meeting of the Parks Commission had taken place prior to this meeting, thus, there was nothing to report. The next Parks Commission Meeting would be held on August 14,2001. 6. PLANNING - Report by Representative Commissioner Pisula reported on matters considered and actions taken at the August 7, 2001, Planning Commission Meeting (as detailed in the minutes of that meeting). A. Interim Zoning Ordinance on Commercial Uses Director Nielsen stated a draft ordinance had been presented to Council as a result of a discussion held by the Planning Commission, at Council's request, regarding a moratorium being placed on commercial development in a C-3 district in excess of thirty thousand square feet, either in additions or new construction. He noted the Planning Commission was supportive of a twelve-month period of time in which to study issues pertaining to this moratorium. Further, he explained the intent of the moratorium was to review and examine the Comprehensive Plan and Zoning standards utilized by the City. Councilmember Garfunkel questioned the number of properties to be affected by this moratorium. Director Nielsen responded he knew there would be three commercial areas affected, and while he did not " CITY COUNCIL REGULAR MEETING MINUTES August 13, 2001 Page 3 of 10 . know the exact number, he estimated there were approximately less than twelve parcels that would be affected. Further, he stated, in response to Councilmember Garfunkel's question, there was no special significance to the use of thirty thousand feet as a designation utilized in the moratorium, Council member Garfunkel then questioned whether the focus of discussion should relate to specific size or to the term "community scale." He stated he was concerned with the timing of this issue, as it appeared to be heading off actions of certain commercial developers. He further noted it seemed as though a very small number of parcels would actually be under direction of this proposed moratorium. Council member Lizee stated her belief that to some degree this issue was a reaction to the CUB Foods proposal recently heard through the planning process. She stated she heard concerns from residents regarding potential changes in size of buildings and land use in the area. With a moratorium, she noted, the City would have the ability to review ordinances that mayor may not change from current use. In addition, she stated a moratorium would provide the City the opportunity to examine working documents, such as the Comprehensive Plan, to be sure it was understandable in its meaning and intent. Councilmember Turgeon stated she viewed the moratorium as time to consider the impact on residents' safety, health, and general welfare of the community as related to definitions within the Comprehensive Plan. While she believed the Comprehensive Plan to be a strong document currently, she also thought a moratorium would allow for a broader perspective to be gained as well. She believed it important to consider all commercial parcels rather than one specific development as had been done in the past proposal from CUB Foods. Further, she stated she liked how the moratorium could tie into the visioning process for the future. There seemed to be little commercial space for the City, thus making it important to plan for its future use. . Councilmember Garfunkel stated he was concerned that only one potential applicant seemed to be immediately affected, and that it seemed to him to be a bit like sharing the rules with the players of a game and then saying they could not play for one year. Councilmember Zerby stated he noticed with the most recent hearing regarding large-scale commercial use that there seemed to be a number of questions raised by many parties involved in the process that required further review. He viewed the proposal for a moratorium as being asked to step back and review plans for the future of the City. Mayor Love agreed with all Councilmembers. He stated there was a concern for individual property rights and that concern may be productive in the process of consideration of a moratorium. However, he was also concerned that development was never completed in an area such as Shorewood, and many concerns needed to be addressed. With regard to the recent CUB Foods proposal, he noted a small grocer was not able to be competitive, and the grocer had worked with Mr. Taube to find solutions. Although the process worked to support the ordinances and Comprehensive Plan, he was shocked at communications piece of the process. He stated he heard residents incensed that this property owner could apply for development of this property, even though it was a right of the property owner to do so. He noted it now seemed to be a question for the property owner and the community as to what could go there. He stated he typically was not supportive of moratoria, but as a result of the seemingly confusing communication and information process, he was quite concerned. Councilmember Zerby suggesting extending dialogue to a developers and property owners to find what could potentially work in the area for all property owners. . CITY COUNCIL REGULAR MEETING MINUTES August 13, 2001 Page 4 of 10 . Councilmember Garfunkel stated a moratorium, in his mind, was to preclude the type of request such as the one submitted by CUB Foods. Administrator Dawson stated a moratorium was an opportunity to explore what was needed in the community. For example, something larger could also be recommended for that space as a possible outcome of dialogue. He noted it was not so much a strengthening of language to avoid what was being submitted; rather he viewed it as a need to review the economic market and see what the community as a whole wanted for the future. Mayor Love stated this was the first time he had considered examination of a moratorium, and he was doing so because there seemed to be a breakdown in communication in the planning process. Council member Turgeon noted she had the opportunity to consider a moratorium previously in her experience with the City regarding Senior Housing, and she found it gave time to reconsider types and kinds of housing suitable for the City. She also explained it was very valuable as long as dialogue remained open with all parties and involved the developer and community. In addition, she saw a moratorium as the potential for excellent communication and a better understanding for residents' wishes. Mayor Love recognized Mr. Stan Taube in the audience as being the owner and developer of the Shore wood Village Shopping Center, and offered him the opportunity to address Council regarding this matter. . Mr. Stan Taube, 27280 Edgewood Road, stated as a developer he was very proud of his developments because he had tried to work with the community in all of his projects. He stated he initially drove past the Shopping Center and thought it could be better. As a result, he bought the property for two reasons. The first reason was to make it better, and the second was to make a profit. He stated he had made improvements to the interior on an interim basis, and that CUB Foods approached him regarding the public's anticipated request for a more convenient larger-scale store. He noted the Shopping Center was located on two state highways, and as such, dictated something larger than what was currently being utilized. Mr. Taube also stated he was not especially proud of the previously submitted proposal to the Planning Commission; however, a new firm had been employed to rework the plan and had done so. He stated he did not believe it was fair to change the "rules of play" at this point in time. Further, he stated a small- scale grocer would not be profitable at the Shopping Center location. The traffic issues would also need to be addressed regardless of who became the grocer at that location. In addition, he believed people would drive to another nearby city for the same kind of store often utilizing the same streets that were cause for concern as part of his previous proposal. He commented he became concerned when he saw governments trying to overreact due to the fear of an impact on a community. As a result of this thinking, he believed a moratorium such as this. one would have a negative impact on the community as a whole. Mr. Taube further explained he understood the concern, but requested he be allowed to have a chance to have his newest proposal reviewed. He stated he had pending eminent domain legal issues regarding his site and asked that Council allow good faith efforts to continue in all matters. . Mayor Love questioned Attorney Keane about the negative impacts to initiating a moratorium with regard to liability for the City. Attorney Keane explained the law in Minnesota was well-developed allowing cities latitude in legislatively planning for the City and the subsequent broad policy issues. He noted the case law researched supported moratoriums with one minor exception. He then noted a case where there CITY COUNCIL REGULAR MEETING MINUTES August 13, 2001 Page 5 of 10 " . were concerns regarding targeting and discriminating against one owner. Attorney Keane encouraged Council to broadly consider all properties in Shorewood as well as what was to be accomplished with the moratorium. He then referenced the condemnation proceedings underway as part of the Highway 7 reconstruction project, reviewed the process that would be utilized to realize just compensation for all parties, and asked Council to consider all implications of a moratorium prior to making a decision on the matter. Mayor Love then asked if there were other people interested in addressing Council on this matter. Denise Koehnen, 6095 Lake Linden Drive, stated she had lived in the City for thirteen years and appreciated the layout of the community. In addition, she knew the residents that agreed with the last CUB Foods proposal had not organized. She believed the reality of the current grocery situation to be that people were going to find easier, faster ways to get their food. She further stated the community needed new tax base dollars, and she believed there was a number of residents that wanted a large-scale grocery store, such as CUB, in the area. In addition, she thought the Shopping Center was not being well used at this time, and she requested Council consider the site for development. She further stated it seemed as though a decision had been reached in the matter, as a lack of decision was a decision in and of itself. By default, the situation would remain, and Lake Linden Drive was still a safety concern for her two children on a daily basis. Councilmember Turgeon requested Ms. Koehnen's help in making neighbors aware of the open house meetings in September of this year to discuss concerns regarding Lake Linden Drive. . Karen Boynton, 6155 Riviera Lane, stated she knocked on approximately 160 doors when the original CUB Foods proposal was being considered, and she heard only one person in favor of a large-scale store being in the area. She noted Driskill's store allowed for ease and convenience in shopping for groceries where CUB Foods would not allow for that same ease, as it was too big. She requested the City continue to keep the community involved in this process. Mayor Love stated he had heard Mr. Driskill report the site was not currently economically viable, and the site would eventually be developed. Ms. Boynton responded she was aware of that future development, however, she did not believe it needed to be "shoe- horned" into the community and increase traffic on the roads. Mayor Love again stated a moratorium would apply to all commercial sites with a C-3 district, not just this site. Councilmember Lizee stated she saw this issue as a traffic issue versus a design issue, and it was important to consider the impact of the commercial sites in the City related to traffic. However, she was also hearing there needed to be concern for singling out an individual property and liability issues associated with such action. Council agreed, and briefly discussed questions related to moving forward with a moratorium. Councilmember Turgeon questioned Director Nielsen regarding the Planning Commission's current work schedule for the remainder of this year. He responded something in the work plan would need to be adjusted in order for the moratorium issue to be studied. Councilmember Garfunkel questioned whether the preapplication stage of the Comprehensive Plan amendment would allow latitude for discussions to take place regarding issues of concern. He noted the Council had talked in general about commercial development; however, he believed the residents would continue to view it only in consideration of the CUB Foods proposed development of that one site. Council member Turgeon suggested bringing it back at a later date for discussion after further specific information regarding the issues of concern could be made available to all parties involved. . " . . . . CITY COUNCIL REGULAR MEETING MINUTES August 13, 2001 Page 6 of 10 Mayor Love directed staff to bring specific information to Council regarding how the application could be considered as well as a discussion of concerns related to commercial development of sites in Shorewood. B. Simple Subdivision/Combination Applicant: Bill Hob Location: 5310 Vine Hill Road Director Nielsen reviewed the background information regarding this matter, noting the applicant proposed building an addition on the north side of his existing home. In order to comply with the side yard setback requirement of the City, he had arranged to purchase a strip of land from the property to the north thus, necessitating the request. Zerby moved, Lizee seconded, approving RESOLUTION NO. 01-046, "A Resolution Approving Subdivision and Combination of Real Property for Bill Hob, 5310 Vine Hill Road." Motion passed 5/0. 7. GENERAL A. 7:15 P.M. PUBLIC HEARING - Vacate DrainagelUtiIity Easements Applicant: Tim and Terri KIouda Location: 20250 Excelsior Blvd. Mayor Love opened the Public Hearing at 8:18 P.M. Director Nielsen reviewed the background regarding this request. He noted the applicants had purchased the property and the vacant parcel to the east of it. The parcels had been combined and requested a drainage and utility easement situated on the old property line be vacated. No utilities were currently located within the easement. Mayor Love closed the Public Testimony portion of the Public Hearing at 8:20 P.M. Zerby moved, Lizee seconded, approving RESOLUTION NO. 01-047, "A Resolution Vacating Certain Drainage and Utility Easements for Tim and Terri KIouda, 20250 Excelsior Blvd." Motion passed 5/0. Mayor Love closed the Public Hearing at 8:23 P.M. B. Update on Community Visioning Project Administrator Dawson reported the Hoisington Koegler Group, Inc., had revised a proposal regarding the Phase 2 portion of the Community Visioning project as requested by Council. He noted this revision included changes in the work plan and estimated costs for this portion of the project. In addition, the revised proposal included estimated costs for the cities of Deephaven, Excelsior, Greenwood, and Tonka Bay to potentially participate in this phase of the visioning process. Mr. Bruce Chamberlain, vice-president of the Hoisington Koegler Group, Inc., was present and stated he had revised the proposal as requested noting presentations to the other cities' Chamber of Commerce Meetings would be included as additional services if needed. . . . : CITY COUNCIL REGULAR MEETING MINUTES August 13, 2001 Page 7 of 10 Mayor Love stated he believed this project to be very vital for Shorewood as well as other cities, such as Excelsior, that would be dealing with commercial development at entrances to the city. He stated he believed all South Lake Minnetonka cities should discuss future development of the area as a community, as it would impact all cities and residents. Mr. Chamberlain stated either commercial development areas would be willing to work together or they would work at odds. He noted needs and services of cities change, and market niche stores, such as those found in many of Shorewood's commercial development sites, would need to change as well. He noted the issues that the Council had heard regarding these development areas would only increase over time depending on the needs of the market; however, he did not anticipate these issues of concern being removed. Mayor Love stated he clearly supported trying to include other member cities as palt of the visioning project. He noted there had been other instances in the past when the cities working together had certainly proved fruitful for all parties involved, and he hoped the other cities would be willing to be part of this request, as it would impact them all. Councilmember Garfunkel questioned the impact of the visioning project should only one other city agree to work with Shorewood in this process. Mr. Chamberlain explained the visioning plan would be different depending upon who was involved; however, he believed a portion of the value of the process to be going through it, not necessarily the end result. Dawson commented Shorewood was the only city whose borders touched all five of the South Lake Minnetonka cities. Further he believed there would be great value in finding commonalities with all of them. Zerby moved, Garfunkel seconded, accepting tbe proposal presented by tbe Hoisington Koegler Group, Inc., for tbe Pbase 2 portion of tbe Community Visioning project, presenting it to otber city councils, and taking action as to tbe extent to proceed after making tbe presentations. Council then agreed to have Shorewood City Councilmembers present this proposal at all other South Lake Minnetonka city council meetings as part of their commitment to the process. Motion passed 5/0. C. Financing for Excelsior Fire District Site Administrator Dawson reported the Excelsior Fire District had signed a purchase agreement with owners at 24140 Smithtown Road in Shorewood for future use as a potential public facilities site. Closing of the sale was expected to occur in mid-September of this year. Given the impending conclusion of the sale, various financing options were being considered by Member Cities of the Fire District. One of those options included the City putting forth funds for up to one year. Finance Director Burton noted the City had the potential for planning cash flow accordingly at a competitive rate. Mayor Love stated he believed this to be a solid investment for the City yielding a competitive rate of return. There were no objections heard from Council regarding proceeding with this option. . . . , CITY COUNCIL REGULAR MEETING MINUTES August 13, 2001 Page 8 of 10 8. ENGINEERINGIPUBLIC WORKS A. Authorization of Expenditure of Funds for Engineering Design Services for the Glen Road! Amlee Road Area Drainage Engineer Brown reported City staff had been reviewing the Glen Road drainage area with regard to several issues discussed at previous City Council meetings. Since that time, other residents had inquired about resolving similar issues within the AmIee Road area. The City had already begun preparing feasibility reports regarding the Glen Road issues. With further consideration, it was considered practical to include the AmIee Road drainage concerns as part of those feasibility reports to be prepared by WSB and Associates. He also suggested the use of City staff to reduce expenditures for this proposal. In addition, he suggested an open house meeting be conducted in September with residents along Glen Road, AmIee Road, and Manitou Lane to receive input as to the specific drainage issues present. Councilmember Turgeon expressed heartfelt thanks to Engineer Brown and City staff for all the hard work in bringing these issues to resolution. Turgeon moved, Zerby seconded, authorizing an expenditure of funds from the Storm water Management Fund for Professional Engineering Design Services for an amount not to exceed $13,000. Motion passed 5/0. CounciImember Zerby stated he was glad this project was making progress and potential solutions were being found for the residents. Council member Lizee stated she was confident in the abilities of Engineer Brown, City staff, and WSB and Associates, to do an excellent job on this project. B. Authorization of Expenditure of Funds for Engineering Design Services for County Road 19 Intersection Engineer Brown reported Hennepin County had agreed to allow the City to act as lead in the design for the County Road 19 intersection project. WSB and Associates had prepared a fee schedule for the project representing 8.4 percent of the construction costs. Engineer Brown stated this figure was noteworthy because it was considered typical for design costs to be approximately 15 percent of construction costs, and this fee schedule represented substantial savings to the City. Engineer Brown also outlined the principles proposed by the County for the design and construction of the project. He noted it was the City's intent to use Municipal State Aid funds for its portion of design and construction costs for the intersection project. Zerby moved, Lizee seconded, Accepting the Proposal and Authorizing Expenditure of Funds for Professional Engineering Design Services by WSB and Associates for the County Road 19 Intersection Project. Councilmember Lizee commented she liked the information shared by Engineer Brown regarding this proposal and noted in particular she was glad to see neighborhood input had been incorporated into this proposal. . . . : CITY COUNCIL REGULAR MEETING MINUTES August 13, 2001 Page 9 of 10 Motion passed 5/0. Mayor Love thanked Engineer Brown for all his hard work regarding moving this project forward in a timely manner. 9. REPORTS A. Administrator & Staff 1. Gideon Glen Administrator Dawson noted progress continued to be made with the Minnehaha Creek Watershed District regarding reimbursement for Gideon Glen. In addition, a Work Session Meeting of the Watershed District would include presentation of a refined concept plan and funding for future use in this project. 2. County Road 19 Intersection Administrator Dawson noted there was nothing further to report at this time regarding this project. 3. T.H. 7/41 Project Engineer Brown reported this reconstruction project had begun at the intersection of State Highways 7 and 41. He hoped the curb and asphalt could be completed prior to snowfall with the last layer of asphalt and final dressing to take place next spring. In addition, he noted the construction engineers working on Highway 7 near Excelsior were also involved with this reconstruction project so he believed communication and coordination between the two projects to be adequate. B. A Discussion of the Process Utilized Regarding the City Administrator's Evaluation Form Council member Turgeon briefly reviewed the process currently being utilized in evaluating the City Administrator's position. She noted the current timeframe called for formal evaluation to take place in January of any year making it difficult for new Councilmembers to be an effective part of the process. Councilmember Garfunkel suggested concluding the evaluation by December of any year as an alternative. Council agreed. C. Mayor & City Council Councilmember Zerby questioned whether meetings had been scheduled with residents living near the Skate Park as pmt of a commitment made by the City to discuss impacts of the park in. that area. Administrator Dawson stated a meeting would be scheduled with residents in that area. Attorney Keane then reported Metricom, having hung wireless Internet equipment on the City's east watertower, was no longer succeeding as a business and had petitioned the bankruptcy court for action. Metricom requested the abandonment of all equipment in place as part of the petition. Attorney Keane anticipated the City's current lease with Metricom would be extinguished, and suggested the City contact the League of Minnesota Cities Insurance Trust regarding the possibility of making use of the infrastructure currently in place. He stated he would report on this matter in the future to Council. . . . ~ CITY COUNCIL REGULAR MEETING MINUTES August 13, 2001 Page 10 of 10 Mayor Love stated he had received a letter praising Public Works Department employee, Charlie Davis, for his commendable efforts in returning lost articles to a resident. He stated this letter spoke highly of Mr. Davis and the Public Works Department. Engineer Brown stated the City was very fortunate to have conscientious people working on staff for the City. 10. ADJOURN Mayor Love noted a ten-minute recess would be taken prior to convening the Work Session Meeting scheduled for this evening. Lizee moved, Zerby seconded, adjourning the August 13, 2001, Regular City Council Meeting at 9:17 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary ~~~/) Woody Love, Mayor