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11-25-13 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 25, 2013 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Zerby; Councilmembers Hotvet, Siakel, Sandberg, and Woodruff, Attorney Keane; City Administrator 7oynes; City Clerk Panchyshyn; Finance Director De7ong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: None. B. Review Agenda Sundberg moved, Hotvet seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, November 11, 2013 Woodruff moved, Sundberg seconded, Approving the City Council Work Session Minutes of November 11, 2013, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, November 11,2013 Hotvet moved, Woodruff seconded, Approving the City Council Regular Meeting Minutes of November 11, 2013, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Hotvet seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Retirement of Public Works Employee Charlie Davis C. 2013 Audit Services D. Adopting RESOLUTION NO. 13 -075, "A Resolution Approving Work Orders 4 and 5 for Smithtown Road Sidewalk Improvements SAP 216 - 101 -004, City Project 13 -04." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 2 of 20 E. Adopting RESOLUTION NO. 13 -076, "A Resolution Approving Change Order 1 for 2013 Mill and Overlay Project, City Project 13 -051' F. Accepting Donations for the Arctic Fever Event G. Adopting RESOLUTION NO. 13 -077, "A Resolution Authorizing the Mayor and City Administrator to Extend the Electronic Parcel Database (EPDB) Conditional Use License Agreement with Hennepin County for the Year 2014." Motion passed 5/0. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING None. 6. REPORTS AND PRESENTATIONS None. 7. PARKS A. Report on the November 19, 2013, Park Commission Meeting Park Commissioner Dietz reported on matters considered and actions taken at the November 19, 2013, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Woodruff asked that the meeting minutes for Park Commission meetings reflect the actual vote count. Councilmember Siakel thanked Commissioner Dietz for providing information on the City of Minneapolis. She asked if the Park Commission has discussed making Badger Park more of a public oriented campus. She stated the information on Minneapolis could help shape Badger Park. Commissioner Dietz stated early on the Commission discussed that and at that time it decided to wait until it had a better understanding of what it will cost to make the basic improvements to Badger Park. B. Authorize Expenditure of Funds for Freeman Park South Picnic Shelter Director Nielsen stated the Park Capital Improvement Program includes a line item for reroofing the picnic shelter in Freeman Park in the amount of $3,000. The bids for that came in around $3,500. Staff is recommending that the wood fascia on the building be replaced with steel. During its November 19, 2013, meeting the Park Commission recommended increasing the cost up to $4,000. Councilmember Woodruff asked if the existing fascia will be wrapped in steel. Director Nielsen responded yes. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 3 of 20 Woodruff moved, Siakel seconded, approving the reroofing of the shelter in Freeman Park and the wrapping of the existing fascia in steel for an amount not to exceed $4,000. Motion passed 510. 8. PLANNING A. My Car Guy LLC — Interim Conditional Use Permit for South Lake Cycle Applicant: James Steinwand Location: 5680 County Road 19 Director Nielsen explained that during its June 4, 2013, meeting the Planning Commission held a public hearing to consider a request by James Steinwand for a conditional use permit (C.U.P.) for a bicycle repair and auto detailing business at 5680 County Road 19. At that time the applicant did not agree with some of the conditions that were suggested by staff for that approval. During the hearing staff suggested another approach that may work for the site which was an interim C.U.P. The interim C.U.P. is intended for uses that may not be consistent with the long -term plan for the area. That site is part of the Smithtown Crossing Redevelopment area. Since the hearing the applicant has applied for an interim C.U.P. He dropped the auto detailing aspect of the C.U.P. and intends to go with bicycle repair, bicycle rental and bicycle sales at that location. He noted that for the permanent C.U.P., the City would have required curbing around the entire parking lot, the removal of the driveway onto County Road 19, and more extensive landscaping than what was being proposed by the applicant. He explained that for the interim C.U.P. it's suggested that it be approved for three years after which the property will be reviewed. During the three years the applicant would not have to put in the perimeter curbing. The parking lot would have to be patched. Some landscaping would have to be planted to start growth for when there is a permanent use of the site. The applicant has submitted an updated survey of the site and a landscape plan prepared by a landscape professional. Staff has recommended approval of those items with the stipulation that the applicant submit bids for required improvements. Those improvements cannot be done at this time of the year; but, they must be done by June 1, 2014. The bids would be used to determine the amount of the letter of credit or cash escrow to be held as security. He then explained American Legion Post 259, the owner of the site, has taken issue with having to provide any financial security. The City's C.U.P. process requires financial security for required improvements. In response to that staff has suggested the alternative of not posting the security until the business is scheduled to open in the spring of 2014. By delaying the posting of the security until spring it will likely only be in escrow for a few months. Nielsen noted Mr. Steinwand is present and a few representatives from the American Legion are present as well. Mr. Steinwand stated after the November 5, 2013, Planning Commission meeting there was discussion about delaying the opening of the business until April 1, 2014. His hope is that he and the American Legion will work on getting the inside of the building ready by then, noting the building was ready for demolition. He noted that he has contacted an asphalt company and Mom's Landscaping had the best bid for landscaping. Director Nielsen reiterated that based on the City's Ordinance the City will request financial security in the spring when the applicant will open for business. He explained if it is a letter of credit it remains in the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 4 of 20 applicant's account and if it is cash escrow the City holds on to the money until the improvements are complete. Mr. Steinwand stated the American Legion has concerns about the requirement to plant a row of trees between its building on the 5680 County Road 19 property and the Legion building because it owns both properties. He noted that people appreciate the desire for screening on the Smithtown Road side and the Heartbreaker site. He stated it's likely that whatever is planted will likely come out in three to five years because it is likely the corner will be redeveloped during that time period. He then stated he does not want to spend a lot of money on something he can't recoup. Although he wants to do what he is proposing, it has to make business sense and he needs it to at least break even. He noted the bid from Mon's Landscaping is $10,000 — $12,000. Ken Dallman, Commander, American Legion Post 259, explained representatives for the American Legion spoke with Mr. Steinwand after the November 5, 2013, Planning Commission meeting about what was discussed. He also read the minutes of that meeting. From his perspective the amount of landscaping being suggested between the properties seems excessive. The other six commercial properties on the corner have none except for the one dead tree. He asked why $10,000 in landscaping needs to be done when nothing will be shielded except from Heartbreakers or the road. He suggested doing the same amount of landscaping as Lucky's Station did in front of the building. The Legion likes the three -year interim C.U.P. with the potential option to renew for another two years. He questioned the need for a C.U.P. when bicycle sales and rental are an allowable use in a cormmercial zone. He indicated that he thought delaying the posting of a letter of credit or cash escrow until next spring when the business opens seems reasonable. He stated the issue of cut -thru traffic off of County Road 19 could be solved by removing the no- right - turn -on -red sign off of County Road 19 on to Smithtown Road. He does not think Mr. Steinwand can do much about that. He noted that the American Legion would like the project to move forward. He stated the conditions of approval include no outdoor storage, repairs or parking. He asked if that means if a person comes and needs something checked out on their bicycle he asked if that means it has to be taken into the building to be looked at. To him that seems picky. Mr. Steinwand asked for clarification on what no outside storage, repairs and parking means. Director Nielsen explained outdoor display, storage or rental requires a separate C.U.P. which has not been applied for. He then explained the City recently granted a C.U.P. to Lucky's for outdoor displays and storage after many years of not allowing that on that site. It did so because the owner of Lucky's did things such as removing a billboard. There are conditions associated with that C.U.P. He stated intent is to avoid trailer or trucks with the name of the business on it (i.e.; portable billboards). Mr. Steinwand stated every other business in Shorewood has their commercial vehicles outside in their parking lot. He clarified he is not talking about storing them in the parking lot overnight but outside during business hours. Director Nielsen noted staff does not have an issue removing some of the decorative landscaping (e.g., flowers) from the landscape plan. He explained the County Road 19 Corridor Study recommends creating a backdrop of evergreen trees. He noted that Lucky's did not plant the evergreen trees; the owners of the site put them in. He stated the City is asking for less than what was done at that other site. He clarified that the City is not worried about screening from the American Legion because the Legion owns both properties. He stated the City is looking to implement the recommendations in the Study. Therefore, the evergreen trees are to be planted. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 5 of 20 Mr. Dallman asked if the evergreen trees are supposed to go behind the building. Director Nielsen responded they are. The trees are to be a backdrop for the commercial development. Mr. Dallman stated that is silly to him. Councilmember Hotvet asked if the business will be open year round. Mr. Steinwand responded once it opens for business it will be open year round. Councilmember Sundberg questioned the need for planting evergreen trees when the business will be a temporary use of the site. Director Nielsen stated no one knows how temporary the use will be. Nielsen explained the intent is to get trees growing should the use end up staying there. But, that decision is up to Council. Sandberg stated she personally would like the City to try and help emerging businesses. The proposed use would be exceptionally complimentary for the type of pedestrian and bicycle friendly environment the City wants to create. She noted she would support striking that landscaping requirement. Councilmember Woodruff stated he does not support scraping the landscaping requirement. But, he does support eliminating the need for landscaping between the American Legion building and building on the 5680 County Road 19 property. That landscaping would not be useful to anyone. lie stated he supports having a reasonable amount of landscaping on the front of the proposed bicycle site. Councilmember Sandberg clarified that is what she meant; not what she said. Woodruff asked if the resolution granting the interim C.U.P. says the C.U.P. goes into effect April 1, 2014, and if Mr. Steinwand would have to post the letter of credit or cash escrow before that date. Director Nielsen explained the interim. C.U.P. would be effective once the resolution is adopted but the posting does not have to be made until just before the business opens. Councilmember Siakel stated she thought there should be some landscaping required. She asked Mr. Steinwand to comment more on storage. Mr. Steinwand stated he does not intend to have storage outside or make repairs outside. He noted that if he needs outdoor storage he has plenty of room behind the fence at his auto repair business which is very close to the new property. He stated there may be a bicycle rack outside, similar to what there is at schools. He explained his plan is to have a service area in side of the building. But, that does not mean a bicyclist may not stop by to put air in their tires. Councilmember Hotvet asked who is responsible for maintaining the landscaping on the corner of County Road 19 and Smithtown Road near the 5680 County Road 19 property. Director Nielsen stated the City is. Nielsen noted that Lucky's asked to take care of the City landscaping near its site. Hotvet noted a lot of that landscaping near the 5680 site is dead. Councilmember Woodruff clarified the land next to the curb on Smithtown Road is owned by the City of Tonka Bay. It is up to Tonka Bay to maintain that landscaping. He explained that as part of the County Road 19 project there was intent for the two Cities to come to terms on annexing that property to Shorewood. Mr. Steinwand asked if he could take care of that small section of land. Mayor Zerby stated he thought what is being proposed would be a good use of that building. He noted the closest bicycle repair business is located in the City of Chanhassen. He stated the building is quite small and therefore there are not a lot of uses for it. He then stated he agrees that the landscaping between the American Legion building and the proposed bicycle building is unnecessary. The Legion has a very tall CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 6 of 20 wooden fence close to its property line. Also, there are power or cable lines above the area where the trees would be planted. He noted he supports modifying that part of the landscape plan. Couneilmember Woodruff suggested Mr. Steinwand make a list of all of the things he intends to do on the 5680 County Road 19 property and verify that all of the items would be permitted under the interim C.U.P. he has applied for. He stated he personally has no issue storing bicycles next to the building in front. That is what a bicycle sales business would do. If that requires another C.U.P. then Mr. Steinwand should apply for that. He commented that he would hate for Mr. Steinwand to continue to go down this path to find out that he doesn't have all the permits he needs to do what he wants. Hotvet moved, directing staff to prepare a resolution granting an interim C.U.P. for a bicycle repair, sales and rental business to Mr. Steinwand for the property located at 5680 County Road 19 subject to removing the landscaping requirement to plant evergreens between the bicycle business building and the American Legion building. Woodruff seconded, subject to amending the motion to include having staff work with the applicant to determine if a second C.U.P. is needed for outside storage prior to Council considering the resolution. The maker accepted the friendly amendment. Motion passed 510. B. Summit Woods Planned Unit Development Conditional Use Permit — Concept Stage Applicant: Homestead Partners Location: 23040 Summit Avenue Mayor Zerby stated he appreciates all those in the audience for coming. It is nice to see democracy at work and people participating in the process. He then stated Council and staff respect the time of those in the audience. He asked that they respect Council's and staff s time as well. He stated it's his understanding that the residents have selected certain people to be the spokespersons this evening. He encouraged those people to speak first. He noted that he will not set a specific time limit for people speaking. He asked them to be as concise as possible. He stated there was a majority of the Council present (himself and Councilmembers Siakel and Woodruff) during the November 5, 2013, public hearing on this matter. He clarified that this is not a public hearing. The hearings held during the October 1 and November 5 Planning Commission meetings were part of the process. He stated as a matter of courtesy he will hear public comment this evening. He then stated he understands that a few people brought PowerPoint presentations or other aids. He will see how the first presentation goes before committing to more than one being used. He noted that he is trying to be inclusive not exclusive. He stated he wants to make the best use of everyone's time. Mayor Zerby explained the one tool local governments have to control land use is zoning. A zoning ordinance divides a local government's jurisdiction into districts or zones. Each district regulates the type of land uses allowed, intensity or density of development, height, bulk and placement of structures, amount and design of parking, and a number of other aspects of land -use and development activity. Land owners have a constitutional right to develop their land. That is done through as -of -right development. That means they can develop on that land as long as it complies with all applicable zoning regulations and does not require any discretionary action by the City Planning Commission or City Council. Most developments and enlargements in the City are done in this manner and they are called as- of- rights. This evening what is being discussed is a conditional use permit (C.U.P.). A C.U.P. gives the government a little more control over how land is being developed. It typically puts more controls on; not less. That is done as part of a give and take between the land owner and the regulating governing body. Council is charged with the highest and best use of land in the City. Council takes into consideration how that land CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 7 of 20 can be used for current residents and for future residents. A lot of decisions a council makes will impact the City for a long time. The general timeline for C.U.P. request process is on day I the application is submitted. Staff has ten days to complete the review of the application. A public hearing is held by the Planning Commission after about 31 days. If the Commission makes a recommendation Council will review the application after about 45 days. That is what is occurring this evening. After about 59 days Council takes formal action on the application. This evening Council will hear about what is happening with the Concept Stage for the Summit Woods planned unit development (PUD). This evening Council will give staff direction on drafting a resolution. Formal action will be taken on the PUD Concept Stage during Council's December 9, 2013, meeting. His job as Mayor /chair is to run the meeting this evening. He intends to have an orderly process. Council has to follow Robert's Rules of Order. Therefore, a potential speaker has to wait to be recognized by him (the chair). He will invite people to the podium to speak. A speaker needs to identify themselves by their full name and address. He encouraged members of the audience to keep their comments to about five minutes or less, and noted that he will not clock their time. He also encouraged speakers not to reiterate comments or concerns made by previous speakers. They can just note if they agree or disagree with those comments and then voice new comments or concerns. He clarified that this evening is not a debate with the developer. It is about how to best utilize the land located at 23040 Summit Avenue. He noted that he has spoken with a couple of residents over the last couple of weeks and he told them in summary that change is coming to their neighborhood. The ownership of that land has changed and the new owner wants to do something different with the land. He also noted he walked around the neighborhood. There are some sites that have been developed within the last ten to fifteen years. He reiterated change is coming and the goal is to make the best use of the land. Zerby invited the developer to the podium. Steve Bona, with Homestead Partners LLC located at 525 150' Avenue South, Hopkins, noted that Pete Knaeble (with Terra Engineering which is the civil engineer and land planner for the project), Tom Strohm (with Homestead), Jeff Shoenwetter (with JMS Custom Homes) and Don Rix (the property owner) are also present. He stated Homestead is a residential land development company that primarily develops in the southwestern suburbs (e.g.; Deephaven, Eden Prairie, Edina, Minnetonka, Mound, and Savage) with most developments being single family. Mr. Bona explained that the initial PUD concept plan was for six lots all of which would have abutted Summit Avenue. hi return for the six lots there would be a 2.1 acre conservation easement on the rear lot on the bluff where all of the trees are located. That was the plan Homestead brought to the first public hearing held by the Planning Commission on October 1, 2013. That hearing was continued to allow Homestead the opportunity to work with the builder and staff (engineering and planning) on improving the PUD based on comments made during the hearing. During the November 5, 2013, public hearing Homestead presented a revised PUD concept plan. The revised plan has four lots abutting Summit Avenue; it removed the furthest parcel to the north. In general it reduced the lot count by one. It includes one more lot than a conforming traditional plat would allow. The revised plan also includes a large conservation easement; a significant public benefit that would be preserved forever. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 8 of 20 He highlighted comments made about the original six -lot PUD concept plan. It was too dense; there were too many lots. There were questions about stormwater management. The side yard setbacks of 7.5 feet and the front yard setbacks of 25 feet were too small. He stated under the revised four -lot PUD concept plan Homestead made a significant concession from its perspective. It asks for just one more lot than the zoning ordinance allows. The four lots are on about 3.25 acres of land. The average lot size is larger and the density is less than on the original concept plan. The side yard setbacks comply with the City Ordinance. The permanent conservation easement would be 57 percent of the site. The revised plan estimates a 5 percent tree loss. The increase in traffic trips per day on the road is not a concern for the City Engineer. He noted that one house can be built on the northerly parcel; that parcel is removed from the revised PUD. He displayed a copy of the revised PUD concept plan and an aerial view of the plan. He noted the bluff is very large and steep and it has many trees on it. He noted that Homestead will do its best to get the PUD approved. But, if it is unsuccessful in doing that it will come back with a conforming plat which is what the City allows under its ordinance. It will be what can be developed without any variances from the City Code. He displayed a copy of a conforming R -1 C plat. He explained that under that five -lot conforming plat the average lot size would be smaller and the density greater than for the PUD. The side yard and front yard setbacks would comply with the City Code. There would not be any conservation easement; the frees and the bluff would not be preserved. A 60 percent tree loss is estimated on the bluff. He clarified that the conforming plat is not what Homestead wants to do. But, if it's revised PUD concept plan is not approved it will move forward with that. That is not a threat but it is reality under the worst case scenario. He noted that City staff recommends the revised PUD concept plan being presented this evening. He explained that under the conforming plat there is the ability to build very large homes (homes about 80 feet wide) when compared to what is being proposed under the PUD (homes about 50 feet wide). He stated the conforming plat does not accomplish the goals of the City's Comprehensive (Comp) Plan. The conservation easement would be gone. The bluff and trees would not be preserved. The character will change under either plan because there is only one house on the site at this time. The tradeoff is four lots along Summit Avenue with a significant conservation easement or five lots on the entire site without a conservation easement. He explained the average lot size for the PUD concept plan would be 35,373 square feet versus 28,299 for the conforming plat. The density for the PUD would be 1.23 versus 1.54 for the conforming plat. He noted that on page 29 of the City's Comp Plan Land Use Policies number 9 states "Density and lot size shall be the primary considerations in the review of development requests." Number 14 states "New residential development shall maintain the natural environmental character of Shorewood." He stated the PUD accomplishes those goals. He explained that for the PUD 72 percent of the area would be undisturbed (within grading limits). For the conforming plat 83 percent would be disturbed. He explained in the Murray Hill Neighborhood there are thirteen properties abutting Hummingbird Road. The average lot size is 1.03 acres. The average lot size for the PUD plan is 0.81 acres; well above what the City Ordinance requires. The average market value for the thirteen properties is $383,000 (per county tax records). The starting price for the four proposed lots along Summit Avenue would be in the $500,000 to $600,000 range. Six of the thirteen properties could be subdivided. If they were the average lot size would be 0.72 acres. He noted the first paragraph in the 2008 update to the Shorewood Comp Plan states "Perhaps above all other characteristics of the community, Shorewood residents value the natural setting in which it is located. Lakes, wetlands and woods all combine to make Shorewood a very attractive place to live. Ironically, this attraction creates pressure for new development which can threaten natural amenities. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 9 of 20 Shorewood is committed to all efforts at maintaining the high quality of its natural environment." Under the Natural Resource and Land Use Objectives of the update number 3 states "Creative development design to ensure the protection and enhancement of those portions of the community containing unique physical features (topography, woodlands, etc.) is to be encouraged." Number 6 states "Shorewood's trees and vegetation are valuable assets and consideration is to be given to their preservation and protection." Number 9 states "Where feasible, control over natural open space areas shall be obtained through conservation easements..." The PUD plan preserves the bluff through a permanent conservation easement. Under the Natural Resource and Land Use Policies of the update number 5 states "The use of planned unit development cluster concepts shall be considered where protection of natural features is important to the community." Number 13 states "Conservation easements and similar methods of preserving open space shall be pursued to ensure that such areas remain open space indefinitely." Number 21 states "Preserve existing wooded areas and develop programs and regulations to replace lost tree cover." In the City's Comp Plan the definition of a PUD states " "... The primary advantage of this zoning tool, and the reason it may be suitable for Shorewood, is that it encourages preservation of natural,features, such as wooded areas and wetlands, while still allowing efficient and economically advantageous use of land." That language was developed for a parcel of land exactly like what is being discussed this evening. The October 21, 2013, staff report states "The Summit Woods project is exactly the type of project for which the planned unit development (P. UD) tool was intended. It must be remembered that the property owner has a right to develop his property under the rules established by the City. In this instance, the P. U.D. approach is considered to be far superior to traditional platting." Mr. Bona noted that many of the engineering technical questions get answered during the Development Stage, the second stage, of the PUD process. Peter Knaeble, with Terra Engineering located in Golden Valley, stated that his firm is the engineer and land developer for the project. He noted that in the Concept Stage of the PUD detailed drainage studies are not done. He explained the four -lot PUD plan will have significantly less impervious surface than the five -lot traditional plat because there would be fewer houses and driveways. The PUD would be designed to the Minnehaha Creek Watershed District (MCWD) standards, the City standards and the Minnesota Pollution Control Agency (MPCA) standards for stormwater runoff. The various standards require the developer to restrict the rates, volume and quality of stormwater runoff. The proposed infiltration basins for the lots will exceed those standards. The four properties will probably be the only properties in the neighborhood that meet the constantly changing MPCA standards. The PUD will not fix existing drainage issues in the neighborhood nor will it exacerbate them. He noted that he is present to answer any questions Council may have. In response to a question from Councilmember Woodruff, Mr. Knaeble stated as part of the PUD Summit Avenue will be widened in front of the project area on the development side. Woodruff then asked if municipal water will be extended to the site. Mr. Knaeble responded it would be. Woodruff went on to ask what the proposed front yard setbacks are for the four -lot PUD. Mr. Bona stated the setback for Lot 1 is 25 feet and the City's standard is 35 feet. For the other three lots the front yard setback will meet or exceed the City's standards. Homestead is requesting flexibility on Lot 1. Mr. Bona clarified municipal water will be extended from the City of Chanhassen. He explained Chanhassen wants to extend its watermain so that eventually it can loop it. Chanhassen wants to know that if there ends up being a large improvement project that the City would be open to Chanhassen CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 10 of 20 extending its watermain further to Loop it at no cost to the City. The details about bringing water to the site that would be discussed during the preliminary plat stage (the Development Stage). Couneilmember Siakel noted the City requires any development of at least three houses to connect with municipal water if water is available. She stated to her that municipal water is a must have. Mr. Bona concurred. Siakel asked if it would be possible to stager the locations of the houses on the four lots. Mr. Bona explained they looked at the orientation of the four lots in detail. There is not a lot of maneuvering possible in part because the east side (the backyard side) drops off quickly. Before the drop off there are a significant number of trees. The proposed location of the houses is a far back as they can go and still allow for a decent back yard. The front yard setback is a substantial distance from the paved road because the right -of -way (ROW) is 80 feet. That is fairly large when compared to standard ROWS. Mr. Knaeble noted the average distance from the road to the front of the houses is about 70 feet. Mr. Bona explained the single - family houses are placed where they are easier to build because of the topography. He then explained that Lot IA (which will be built on in the future) will require significant customizing. He stated there is a way to bring part of another parcel into play with Lot -lA that would allow the location of the house to be moved back slightly. Couneilmember Hotvet asked if just one house will be built on Lot IA. Mr. Bona responded yes and noted it would be because of the width. Hotvet then asked how the conservation easement will be made permanent. Mr. Bona explained the easement will be recorded at the county and there are very strict guidelines about what can be done on the easement. Typically it cannot be touched with the exception of removing invasive species. The easement cannot be built on or even mowed. Don Rix, owner of the 23040 Summit Avenue propert y, stated he wanted to address some misconceptions that were talked about during the two public hearings on the PUD. He explained his father Ted Rix passed away in 2010. His father always understood his property rights and that the land would be developed someday. His father was an attorney for Hennepin County for many years. One of his areas of expertise was land acquisition. His father clearly understood the necessity to establish and explore the potential to develop his land in order to protect his investment for the future of his family. His father's wishes and his understanding of his rights as a property owner to develop multiple lots in accordance with City Code were well known. In 1993 his father hired Advance Survey and Engineering to survey, draft and develop a multi -lot development. The plan was put in place to secure the possibility of future development and protect his investment from eminent domain. Throughout the process of his and his family exploring the sale and development of the property they have taken careful steps to select a developer who understands their wishes. Their wishes are to maintain the natural beauty and the conservation of the area in accordance with how his father would have agreed. He and his family have tried to act accordingly within all of the parameters of the Shorewood City Code and the Shorewood Comp Plan which he had studied prior to this. They believe the PUD Homestead Partners presented this evening is a balance of upscale, beautiful homes and is complimented by the large conservation easement that would be protected as a benefit to the community. Homestead Partners will continue to work with the City to bring this to a successful conclusion. Mr. Rix thanked Council for the opportunity to speak. Mayor Zerby asked the audience to hold any questions they have for Council until after the audience presentations are complete. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 11 of 20 Sondra Traylor, 23115 Summit Avenue, Shorewood, stated the 23040 Summit Avenue property sits on the bill area of land that is legally described as Murray Hill. The residents in the area around there refer to themselves as the Murray Hill neighborhood. The residents in the neighborhood are opposed to the proposed PUD. They have come together to express their deep concerns and ask that the PUD not get approved. They are not opposed to building on the property. They do think the PUD is inappropriate and inconsistent with the special character, quality and charm of their neighborhood. They have serious concerns that the PUD will devalue their homes and compromise the health, safety and welfare of their environment and the residents. She displayed a graphic showing the results of an opinion survey of the residents in the neighborhood which indicated all were opposed to the PUD. Charles Liedtke, 6231 Hummingbird Road, Chanhassen, stated he is present to represent the Murray Hill Road Neighborhood Group of 17 homes and growing. There are approximately 30 adults living in the neighborhood and when children are included there are approximately 50 residents living in the neighborhood.. The Group is thankful for having a voice in the process. He noted he is representing 17 homes and his presentation should take no more than 15 minutes. Mn Liedtke explained the aim of their Group is to promote respectful development in their neighborhood. He displayed numerous pictures of the area from various locations. Back in the day the area was a historic place. It was the ultimate place to go to get the vantage point to Excelsior and Lake Minnetonka. He displayed pictures of a document and map from the Excelsior Historical Society. He noted that what used to be called College Avenue is now called Murray Hill Road. He thought it was called College Avenue because Carlton College had considered building on the old horse pasture located in Chanhassen at one time. He displayed a copy of a current plat map from Hennepin County's website. It does not show the horse pasture. It does show the PUD area as three lots and the north lot is another lot that is being called the north woods. He then displayed an aerial view of the PUD area which showed the demarcation of the Rix property which has three pieces. One of them is the old horse pasture in Chanhassen. Another is the PUD area. And, the third is the north lot. The Rix properties expand two counties and two cities. He displayed a copy of a letter from the Murray Hill Neighborhood Group which identifies some of their concerns with the PUD and a plat showing the location of the Group's homes. The Group's properties abut either Hummingbird Road, Murray Hill Road or Summit Avenue. There are no houses along Mayflower Road or Galpin Lake Road. He explained the residents enjoy woods and wildlife throughout its neighborhood and looking at many old trees of various types. A special feature of the neighborhood is the topography. He displayed a plat indicating where the slopes on the Group's properties are and the bluff line in Chanhassen. The bluff fine is protected by Chanhassen's Ordinance. Shorewood does not have a similar bluff ordinance. The proposed PUD houses could not be built in Chanhassen because of Chanhassen's Ordinance. He displayed multiple photos of the back side of what would become part of the conservation easement which shows it is heavily wooded and steeply sloped. The Group thinks that developing the subject property would be problematic. The slopes are more than the 12 percent grade. There are drainage and erosion issues. It is a very busy road. There are wetlands in three areas in the neighborhood with one of them spanning the city /county border. The development would result in clear cutting. Summit Avenue and Hummingbird Road are very narrow. He displayed a photo of the Summit Avenue blind curve and noted the steep slope of the road. Summit Avenue is not drivable in the winter when it is icy. Drivers travel on Hummingbird Road in Chanhassen instead; including those driving heavy, large construction trucks. That would lead to additional road degradation. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 12 of 20 The current infrastructure (roads and utilities) is okay for today but if too many homes are added it would not be sufficient to support them without major road reconstruction. He asked who would pay for reconstruction of Hummingbird Road and Summit Avenue. Utility poles are located next to Summit Avenue and it is heavily wooded next to the road. He displayed a photo of a UPS truck on Hummingbird Road. It would be the same or worse on Summit Avenue. When there are trucks on those roadways it is difficult to pass them. The residents enjoy the aspects of the narrow roadways. It differentiates their neighborhood from other neighborhoods. There are stormwater runoff issues in the neighborhood. Stormwater flows down Summit Avenue and then down Murray Hill Road. Shorewood has done some work on those roads and only time will tell if it was sufficient. Additional pavement at the top of Summit Avenue will result in more stormwater runoff. He stated the residents in the Group love their neighborhood. They are not opposed to development. They want their future neighbors to love and enjoy what they love and enjoy. But, there are conflicting visions as to what the development should be. The residents have always thought there would be development. One vision is a very wealthy family would buy all of the Rix property and build one very nice house on it. Another vision is to build two houses without any tree lost. Another is three houses would be built without any tree lost. There are an infinite number of options for developing the property. Shorewood could buy the property and preserve it forever. The Group studied the Shorewood Comp Plan in depth; possibly as in depth as the developer did. Yet, the two sides reached two different perspectives. The Group agrees with Shorewood's goal to ensure preservation and protection of the natural environment. The Group agrees with these Shorewood Natural Resources Policies: 1) "... sensitive areas shall conform to local, metropolitan and state regulations. "; 3) .. environmental impact statements, shall be prepared ..."; 4) "The location, condition and species of existing vegetation shall be indicated in all development requests."; and, 8) "Natural drainage patterns shall be preserved whenever feasible. ". The Group agrees that the "... City Engineer should test soils ..." on slopes and with "In light of the amount of sloping laud in Shorewood, 12 percent grade will be considered a "warning flag" ". The Group's pictures show a grade of much more than 12 percent on the back side of the property and the north lot. The Group agrees with the following Land Use Goals and Objectives: "... discourage land uses which are inconsistent with the residential and natural character of the community. "; " ... to consider the surrounding neighbors, neighborhoods and cities.'; thinking about the infrastructure necessary to support the development; and, "Property values are to be protected. ". The Group agrees with the Comp Plan and believes it is forward thinking. Shorewood's Comp Plan states "Applicants for P.U.D. must provide clear and convincing evidence demonstrating that the use of a P. U.D. meets the city's criteria and that the use of P. U.D. would provide a benefit to the city over traditional zoning requirements. The primary advantage of this zoning tool is that it encourages preservation of natural features, such as wooded areas and wetlands ..." The City would grant special rights in exchange for getting a benefit for the community. The Group does not understand what the benefit is. The trees are already there; residents already benefit from them. With the steep slopes, the erosion issues, the necessary clear cutting, and the busy roads across from wetlands the Group does not think the site is buildable. It thinks the conservation easement is a false gift. The project could be conforming if the site was flattened out and the trees removed; but, not in its current state. The Group opposes the proposed four -lot PUD. The Group concurs with the Planning Commission's overwhelming recommendation to deny the PUD concept plan. The distance from the bottom of the hill to the top is roughly 259 feet. To conform the Group thinks there may not be more than two lots in the PUD area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 13 of 20 He graphically illustrated how the view across the old horse pasture will be changed by the PUD and the fifth house on the north lot. He also illustrated how the view from Ms. Traylor's kitchen window will change because of the PUD. He reiterated the Rix property has three pieces — the north lot, the PUD area and the horse pasture. He stated it's the Group's understanding that two houses could be built on the pasture. Seven new homes could potentially be built in the neighborhood. That would be totally inconsistent with the neighborhood and it could potentially change the character of the neighborhood forever. He again graphically illustrated how the views would be changed by the new houses. The Group is very concerned about traffic, safety and road degradation caused by the heavy trucks using the roadways. Children play on the roads and residents walk the roads. He recapped a list of the Group's concerns — increased traffic, more dangerous roads, road degradation, drainage and flooding, bluff destruction, wildlife habitat destruction,; less peace and quiet, aesthetics (lack of fit tract homes), and neighborhood property devaluations. He displayed a list of fifteen neighborhood characteristics that will get worse because of the PUD. The characteristics are: road traffic, pedestrian safety, peace and quiet, road degradation, stormwater drainage and flooding, consistency of properties, average home setbacks, average distance between homes, open space, erosion prevention, bluff protection, tree protection, wildlife habitat protection, aesthetics and property values. At some point people need to come to the realization that the PUD concept is a bad concept. The Group has reached that conclusion. He stated the Group does not think the developer has provided clear and convincing evidence regarding the PUD. The PUD does not provide a benefit to the City and its residents. It is a detriment to wooded areas and wetlands. It does not preserve and enhance desirable site characteristics and does not fit the character of the neighborhood. It does not prevent soil erosion and it may create it. It is not an efficient use of land and will compromise current roads and utilities. It does not promote public health, safety, and welfare. It will depreciate the surrounding neighborhood. He then stated the Group thinks there are other interested parties besides the City and residents of Shorewood. They include the Minnesota Department of Natural Resources, the Minnehaha Creek Watershed District, the Metropolitan Council, Carver County, Hennepin County, and Chanhassen. He noted that with the conforming plat there could ultimately be eight new houses in the neighborhood between Shorewood and Chanhassen. He then noted the Murray Hill Neighborhood Group respectfully asks Council not to approve the Summit Woods PUD concept plan which would be in concurrence with the City's Planning Commission recommendation. The Group also asked the City to investigate the developer's definition of a conforming concept. He stated the Group thinks there are more than the two choices provided by the developer — the PUD and the conforming plat. He noted the Group will respect Council's ultimate decision. Mayor Zerby stated from his perspective Mr. Liedtke's presentation was quite thorough and he appreciated the information. He asked if there is anyone who absolutely needs to speak about new information. Jason Milles. 6281 Hummingbird Road, Chanhassen, stated that during the November 5 public hearing he gave a slide presentation of information similar to what Mr. Liedtke presented. He then stated he has learned through this PUD process that there is always give and take. He noted the only residents in the area that will benefit from the conservation easement are those that live along Mayflower Road but no CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 14 of 20 one lives there. There are only two of houses along the Galpin side across the pond. He stated from his perspective the 30 adult residents in the Murray Hill Neighborhood Group will carry the burden of the PUD. He noted that he rarely drives through the Mayflower Road and Galpin Lake Road area. He stated there will eventually be seven houses on the Rix property —four on the PUD, one on the north lot and two in Chanhassen. Possibly nine if the two down below are counted. He then stated that most of the houses along the east side of Hummingbird Road have almost no backyard. The developer is proposing 20 to 25 foot backyards for the PUD. He suggested coming up with a plan with a smaller back yard. He noted his main concern is with the density. There will be seven houses very close together in a neighborhood where they are not. He complimented Mr. Liedtke for accurately conveying the Group's concerns. He stated the Group would like a plan everyone can agree with. The Group will probably not like a conforming plat either but it is the best that can be asked of the City. Mayor Zerby recessed the meeting at 8:54 P.M. Mayor Zerby reconvened the meeting at 9:04 P.M. Mayor Zerby asked if there is any resident in the audience that supports the PUD concept plan that wishes to speak. No one came forward. Jeff Shoenwetter, with JMS Custom Homes (and Homestead's Builder), commented he started his development career in the City 28 years ago with a plat called Galpin Lake Woods. It was tract houses. Today those houses sell for somewhere between $700,000 and $1 million. He noted it is not a matter of if the Rix family develops its property; it's a question of how. He stated he thought the Rix family did a good job in selecting Homestead as its developer. Homestead has contracted with JMS Custom Homes to be the builder for the site. The question of whether or not one extra house is built is important because it will change how the properties are marketed. Either some not so big houses will be built or some larger houses will be built because there is a direct correlation between land cost and house value. He noted that he is convinced his company will build six or seven new houses in the neighborhood. He stated he hopes they will be houses that the residents will like. It is important to him that the residents feel good about the houses he designs and builds. He noted there is an opportunity for the residents to participate as a group in the design process. Some of the houses will be custom built and others will be built on spec. He stated if people go to his website people will see that he and his wife build beautiful houses. He noted that for the third years in a row he is the number one permitted builder in the City of Edina. He builds about 36 custom houses a year. He stated he is glad to be back building in Shorewood and he intends to a really good job of building non -tract housing houses. He then stated he encourages the preservation of trees in the bluff. He hopes the conservation easement goes forward. He assured the property owners that their property values would increase because of the houses he develops. He commented there may be a trail or sidewalk constructed as part of the project. His clients like trails and sidewalks. He stated he hopes that part of the park fees he will have to pay will go toward that concept. He noted the Metropolitan Council encourages density. He stated with regard to traffic increases it will only be plus or minus one family. Saving trees will help reduce noise in the neighborhood and create habitat for wildlife. He noted that he can build on either lot configuration. He noted he built a home overhanging a bluff in the City of Bloomington. He stated his preference is to build not so big houses. The houses he builds are not mcmansions nor are they tract houses. He likes the 40,000 square foot size lots. That would be consistent CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 15 of 20 with the Cities of Deephaven, Greenwood and Woodland. The PUD makes sense to him because that is what he is used to building on in those communities. The PUD will lower the impervious surface coverage. His company uses erosion control measures when its building (e.g., silt logs and silt fences). He noted he prefers not to build houses with private wells. The extension of the municipal water system is important to him. Fire hydrants will be put in when the watermain is extended. Mr. Shoenwetter invited people in the audience to come and participate in his design process. He noted that the property is very complex and that the Rix family is very particular about its property. lie stated lie hopes the Neighborhood Group can work with the developer. He knows they can work with him. Mayor Zerby asked the residents to hold their comments until Council has had a chance to discuss this. After that Council will decide if more input is needed. Councilmember Siakel expressed her appreciation for the presentations and for all of those in attendance this evening and during the two public hearings. She stated she agrees there are some legitimate concerns (e.g., stormwater management and access to the property) with the development of this property. There are a lot of questions that still need to be answered. She then stated from her perspective it all comes down to the fact that the property owner has a right to develop their property. The City does not have any reason to say it can't be developed. The outstanding question is how it will be developed. The City can help manage the development process. She noted that during one of the public hearings a resident brought up the option of those residents in opposition purchasing the Rix property. That does not seem to be a very viable option. She explained that as a member of Council she is obligated to make the best decision for the long -term interest of the community. Council needs to follow the law and adhere to the City's guidelines. She stated that although there are some complicated questions that need to be answered she does think it would be best to approve the C.U.P. She noted that doing that would be a disappointment for many of the people in attendance. She stated from her perspective there is a huge benefit to working with the developer and builder. The conservation easement is also a huge benefit. She noted she understands that would not satisfy the desires of many of the residents and clarified that she does respect the opinions that have been conveyed throughout this process. She reiterated she supports the C.U.P. Councilmember Sandberg stated she would like more time to decide what her position will be on the PUD concept plan. She then stated the property owner has a right to develop their property and make the most of their investment. She agrees that the property is located in a lovely neighborhood and that the residents there want to preserve it. She then stated that when she purchased property in the past her realtor encouraged her to take into consideration if the properties close to the one she was considering purchasing were developed. If they were undeveloped there was no way to know how they would be developed. She reiterated she needs to review this application more. Councilmember Hotvet commented that she lives on Strawberry Lane and there has been development going on across the street from her property for the last few months. Therefore, she is empathetic about the fears of what may go on with the Summit Avenue property. She stated there is a lot of nature in Shorewood and that the City is almost fully built out. She then stated this type of project has to be managed very carefully. Council is always concerned about stormwater management. She went on to state that as a resident and a member of Council she believes it prudent to manage each step of this process carefully. She noted that independent of the outcome Council is committed to making sure each step in the process is managed and assessed carefully. She stated the development occurring along Strawberry Lane has been okay and the land around it has been taken care of. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 16 of 20 Councilmember Woodruff stated this is the third time he has heard some of the material presented this evening. The presenters have done a good job of presenting their views during the two public hearings and this meeting. The developer has also done a good job of coming back with a revised PUD concept plan. He noted that he has some concerns and reservations about the proposed PUD. He stated he agrees with Councilmember Siakel's viewpoint that Mr. Rix has the right to subdivide and develop his property; Council cannot deny him that right. The plan can be developed as a PUD or as a conforming plat that would not have to come before Council. He indicated he assumes the old horse pasture property in Chanhassen will also be developed. He stated that during his tenure on the Planning Commission there had been instances when people complained about the loss of view and it was pointed out that people don't own the view. Mayor Zerby asked Director Nielsen to explain the stages of the PUD process Director Nielsen explained there are three stages in the City's PUD process — the Concept Stage, the Development Stage and the Final Plan Stage. The Concept Stage is about approving a concept subject to taking care of a number of issues. During the Concept Stage issues are identified. The Development Stage is where issues get resolved. Drainage would be addressed in detail during the Development Stage. The substandard roadway is a problem that the City will have to address someday. The Final Plan Stage is a formality. He noted the zoning in Chanhassen for the old horse pasture property is less restrictive than the zoning for the Summit Avenue property. Chanhassen requires a minimum of 15,000 square foot lots. Shorewood requires a minimum of 20,000 square foot lots in the R -IC district. He explained that if Council decided that drainage is a serious issue that has to be addressed and if during the Development Stage drainage is not addressed to Council's satisfaction then Council could stop the project from moving forward to the Final Plan Stage. Mayor Zerby asked if Council would vote three times on the project. Director Nielsen stated yes. Nielsen explained the Concept and Development Stages go to both the Planning Commission and Council. The Final Plan Stage only goes before Council. Zerby noted that five Planning Commissioners voted to recommend denial of the PUD concept plan and one Commissioner voted against that recommendation. Zerby stated if Council approves the concept plan he asked how much liability Council would take on if it later denies the development plan or the final plan. Attorney Keane explained that each successive decision does not legally bind Council to the last decision. Keane then explained the issues identified during the Development Stage could form the basis for a new decision. For example, if stormwater management is not addressed to Council's satisfaction during the Development Stage that could form the basis for denial. There would be a need for factually supported conclusions based upon the findings and the record. He then explained the PUD is a C.U.P. in the City's framework. It is a quasi - judicial decision made by a legislative body. Unlike a comprehensive plan or zoning code which is a legislative decision. Council will be bound by the ground rules set forth in the Zoning Code in the findings. Council will stack up the application and the facts against the required findings. If Council is satisfied and comes to the conclusion based on the information provided to Council it has the discretion to make a legal decision. Zerby noted that Chanhassen has a bluff protection ordinance. He asked if the City should have such an ordinance, noting there are a lot of steep hills around the lake. Director Nielsen clarified Shorewood has a bluff ordinance as well but it only applies to shoreland property. Staff has been told that Chanhassen's ordinance extends to other areas. Nielsen stated the Planning Commission has asked staff to look into a broader bluff ordinance. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 17 of 20 Zerby stated the difference between the PUD being proposed and a conforming plat is the difference between three and four house on the 23040 Summit Avenue property. The bluff and the development on there is not part of the C.U.P. It is part of a possible as -of -right development. He explained when he drove around the neighborhood he saw a number of houses on steep slopes. He noted he does think there are buildable lots on the slope. It may cost more to build there but it could be done. He then noted that from his perspective four houses along Summit Avenue would be too much. He stated he agrees with the Planning Commission that it would change the characteristics of the neighborhood considerably. He thought building three houses on that site would be about all it could handle. He finds it difficult to imagine four houses and four driveways on the site and maybe twelve cars on the site. He noted that he is not concerned about the additional traffic. That is inevitable because more houses will be built along Summit Avenue. He commented that there appears to be a lot line going through Ms. Traylor's property that could be subdivided someday. He stated the City will have to consider improving Summit Avenue at some point. He reiterated that he thinks three homes is the most that could be fit on the 23040 property. He noted that curve in Summit Avenue is frightening. Woodruff moved, supporting the Planning Commission's recommendation not to approve the Summit Woods planned unit development application. Councilmember Woodruff noted he supports Mayor Zerby's perspective that four homes on the site would be too much and that it would be possible to build on the slope. Zerby seconded the motion for discussion. Councilmember Sandberg asked if Council has to take action this evening. Director Nielsen stated staff is asking Council to direct staff to prepare a resolution either approving or denying the application for Council's consideration during its December 9 meeting. Without objection from the seconded, Woodruff amended the motion to directing staff to prepare a resolution denying the Summit Woods planned unit development concept plan. Councilmember Sundberg stated she would like more time to review the information. She stated if the PUD is denied she asked what Council is asking for. Mr. Bona stated Homestead would agree to a continuance if that would help. Councilmember Woodruff stated even if staff is directed to prepare a resolution denying the PUD Council could vote not to approve that resolution during its December 9 meeting. In affect that would mean Council wants to approve the PUD concept plan through a resolution. Councilmember Siakel stated that ideally she would prefer to have three houses instead of four in her neighborhood. But, it goes back to the fact that the property owner has a right to develop their property. Council can deny the conditional use. Then the property owner can go back to traditional platting. She then stated she believes there is a benefit to getting the conservation easement which in effect puts a permanent moratorium on building in that area As part of the PUD process the City can set expectations and guidelines for the entire project. Without the PUD the City loses its ability to do that. She went on to state the property owner has a right to develop the property and the City wants to manage the process. The best way to do that is to use a C.U.P. as the instrument to make sure the City's concerns are addressed. She noted she disagrees with the direction to deny the conditional use permit. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 18 of 20 Councilmember Sandberg stated she likes Mr. Bona's suggestion to continue this in order to take in all of the feedback and give the developer a chance to respond. She noted this is about compromise. It may be possible to come up some options that the residents might find more tolerable. Mayor Zerby stated if Council passes the motion to direct staff to prepare a resolution denying the PUD concept plan he asked if the developer can withdraw their PUD application between now and the December 9 Council meeting. Director Nielsen stated he does not know what withdrawing the application will do at this point. Attorney Keane stated the developer has the right to withdraw the motion prior to Council taking action on it. Mr. Shoenwetter clarified that his contract with the developer commits him to building five lots in the conventional format (three up top and two into the bluff and noted that he is fine with that. He stated that he would personally prefer to never build into the bluff and only build four houses. Krisan Osterby, 6217 Hummingbird Road, Chanhassen, stated that Summit Avenue and Hummingbird Road do not meet State fire code standards. She noted that in 2007 she lost her home and personal belongings to a fire. Fire trucks could not reach her home. That will not change with anything being done as part of this proposed project. She stated the developer has proposed that as part of the project Summit Avenue will be widened to fire code standards in front of the project area driveways. When the substandard roads are coupled with the additional traffic one or two homes does make a difference. She then stated currently garbage haulers backup down Hummingbird Road; they do not go down Summit Avenue. That is a burden that Shorewood will have to face. She noted that property owners in Chanhassen pay for roadway improvements. The reason Hummingbird Road is a low priority on Chanhassen's list of roadway improvements is because of the low number of houses along that road. She went on to state the site warrants proof of grading and proof of soils. There are perched water tables. There is water on the roads all year and in the winter the roads become slippery. Couneilmember Siakel asked if the substandard Summit Avenue roadway is the City's problem or the developer's / builder's problem. She noted that to date Shorewood has not assessed for roadway improvements. She stated if the substandard roadway is a concern to the neighborhood Council needs to deal with that. Stormwater management in that area needs to be addressed and that will be detailed out in the Development Stage of the PUD process. Director Nielsen stated Summit Avenue is a problem today; it's a City issue. Regardless of how the property gets developed, staff has suggested that the road at least in front of the property be widened to at least fire code standards (20 feet wide). The rest of Summit Avenue is up to the City to address. Mr. Bona state that normally he suggests taking more time to try and identify more ideas. But, he does not know what else he can possibly change on the concept plan. He has created the best plat that he can. Now it is a matter of building one extra house or not. Council either needs to vote to approve the PUD concept plan or he has to go with a traditional plat. It is time to take action. Motion passed 3/2 with Siakel and Sundberg dissenting. Mayor Zerby again thanked the members of the audience for coming this evening 9. ENGINEERING /PUBLIC WORKS A. Discussion on Metropolitan Council Forcemain Project CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 19 of 20 Director Brown stated there was an incident that impacted the City's watermain along Excelsior Boulevard near Barrington Way. Crews started working at 7:00 A.M. today and he received word about one -half hour ago that the watermain is back in service. 10. GENERAL/NEW BUSINESS 11. OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Speed Awareness Display Sign Update Director Brown explained staff has been working with the manufacturer for the speed awareness display signs to attempt to determine what the issues with the two signs have been. There has been trouble with intermittent displays and trying to retrieve data off of them. The manufacturer has committed to drop shipping two new signs to the City. Once they arrive they will be installed. Other Engineer Homby stated the contractor has done some rough grading to drain for the Smithtown Road Sidewalk project and it has applied temporary seed to help control erosion in the spring. The project is basically done for the year. The contractor has done some clean -up of the project area. He has drafted a letter to send to the owners of the properties abutting the front of the project area summarizing the current status of the project and explaining what to expect in 2014. It will be sent out this week. Director Brown explained that on November 22 staff noticed that a fire hydrant near Cathcart Drive and Smithtown Road was leaking. That will be dug up on November 27. It will be a fairly simple process. It will only impact two homes. He noted it is not connected to the sidewalk project. Director Datong stated things are moving forward with the installation of the new financial system. The business process studies have been completed and the new chart of accounts has been established with input from the auditors. Staff is in training for the financial and payroll components of the system. Director Nielsen stated forty one deer were harvested as part of this year's Deer Management Program. That is ten more than in any previous harvest. He then stated aquatic invasive species inspections at the Christmas Lake boat launch are completed. Staff will report on that during the December 9 Council meeting. Administrator Joynes explained he provided Council via email information about the City's new health insurance plan for its employees. Overall it is approximately a 19 percent decrease in premiums for most employees. It is a 35 percent reduction from what was bid by the City's former insurance broker. The health plan will be renewed on December 1, 2013, so that the plan is in place before the federal guidelines for the Affordable Care Act go into effect. The new insurance broker has recommended that to most of its clients. Gallagher and Associates is the City's new insurance broker. B. Mayor and City Council CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 25, 2013 Page 20 of 20 Councilmember Woodruff noted he attended the recent Metro Cities League of Minnesota Cities (LMC) meeting last week. It was sparsely attended. Metro Cities did approve all of it draft policies without change during its business meeting. The LMC Board approved all of its policies on November 21. He stated he has asked staff to brief Council on how the Affordable Care Act (ACA) will impact the City during the upcoming Council and staff retreat. He provided Administrator Joynes with information that Gallagher presented during the aforementioned meeting about the ACA. Mayor Zerby noted that he attended a meeting of the South Lake Minnetonka Police Department Coordinating Committee meeting on November 20. Some housekeeping items were discussed as was the idea of giving the Police Chief a 360 performance review. He also noted he attended a Lake Minnetonka Communications Commission (LMCC) meeting on November 19. He learned that currently there are eleven cities that will remain a part of the LMCC joint powers organization. The idea of distributing the LMCC's excess reserves to all member cities is not allowed by the current joint powers agreement (JPA). The only way that could be done is through a disbursement through the budget. He noted the LMCC budget only has to be approved by a majority of the member cities. A change to the budget has to be approved by all cities. 13. ADJOURN Sundberg moved, Woodruff seconded, Adjourning the City Council Regular Meeting of November 25, 2013, at 9:55 P.M. Motion passed 5 {0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Sco " erby, Mayo / vL EL Jean Panchyshyn, CitJ+ Cler