Loading...
03-28-16 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, MARCH 28, 2016 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 7:03 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Siakel, Sundberg, and Woodruff, Attorney Keane; City Administrator Joynes; City Clerk Panchysllyn; Planning Director Nielsen; Director of Public Works Brown; and, City Engineer Hornby Absent: Councilmember Labadie B. Review Agenda Sundberg moved, Woodruff seconded, approving the agenda as presented. Motion passed 4/0. 2. APPROVAL OF MINUTES A. City Council Joint Work Session Minutes, March 14, 2016 Zerby moved, Siakel seconded, Approving the City Council Joint Work Session Minutes of March 14, 2016, as presented. Motion passed 31011 with Woodruff abstaining due to his absence at the meeting. B. City Council Regular Meeting Minutes, March 14, 2016 Sundberg moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of March 14, 2016, as presented. Motion passed 31011 with Woodruff abstaining due to his absence at the meeting. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. Approval of the Verified Claims List B. Professional Services Agreement for Water Supply Plan C. Adopting RESOLUTION NO. 16 -020, "A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids 2016 Crackfill and Seal Coat Project, City Project 16 -01." Motion passed 4/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 2 of 15 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING 6. REPORTS AND PRESENTATIONS A. Senator David Osmek Report on Activities Mayor Zerby welcomed Minnesota Senator David Osmek District 33 who was present to give an update on legislative activities. Senator Osmek noted this is his annual visit to the Shorewood Council. He visits each of the Council's in District 33 annually. He stated the legislature will be back in session tomorrow at noon. Senator Osmek explained he has a bill titled a Digital Right to Repair that will be discussed by the Energy and Environment Committee tomorrow. The bill was brought to him by constituents. There are a lot of small secondary markets for electronics that fix or refurbish the electronics that are being disposed of. There is an organization called Ocean Tech located in the City of Eden Prairie. Ocean Tech takes network servers and many other pieces of electronic equipment from companies and refurbishes them and then sells them to organizations such as a school district. Some manufacturers are putting proprietary software and hardware into the servers which in turn makes it difficult or impossible to repurpose the servers. Repurposing servers keeps them out of landfills. Repurposed electronics provide cost effective alternatives to school districts and other smaller employers that cannot afford state of the art servers. There was no tax bill for last year; hopefully, there will be one this legislative session. There was a lights on transportation bill. Cities with populations less than 5,000 did not get any municipal state aid to help pay for roadway maintenance. The legislature created a fund for small cities so they could get some state aid. He was very supportive of that provision in the transportation bill. Last year he had his first bill on the floor; Colton's Law. It dealt with a criminal who got out of custody who was not electronically monitored. The criminal ended up killing a person. The bill requires that a person cannot be let out of custody unless the electronic monitor is working. He has two priorities for this session. One is for the section of Highway 12 from the City of Wayzata to the City of Delano. There have been an inordinate amount of traffic fatalities on that section of roadway. There are two bills that are dual pathing to deal with that. One bill is to get a general appropriation to deal with three problems. One is a jersey wall down the Highway 12 bypass which goes through the Cities of Long Lake and Orono as well as corrections for the intersections Country Road 90 and Highway 12 and also County Road 92 and Highway 12. The appropriations bill has made its way through the Transportation Committee. The other path being taken is into the bonding bill. Whichever bill makes it to the Governor's desk first wins. The other bill he is working on is for the bonding money for the Excelsior Commons. If that is not successful this bonding year and if he gets reelected this year, then in 2017 he will look more into a local option sales tax. The Commons is used as a regional park but it is not part of the Three Rivers Park District (TRPD). CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 3 of 15 Senator Osmek offered to entertain questions and hear comments from Council. Councilmember Sundberg thanked Senator Osmek for his service to Shorewood and the District 33 community. She encouraged him to pay attention to Highway 7. There is a lot of development being done near Highway 7. There are a lot of issues directly on Highway 7 and Highway 41 particularly near the school. A child was hit by a vehicle last fall. Senator Osmek stated the crossing near the school has been improved; there is a HAWK system there now. He noted that he is willing to champion additional state investments if needed. Sundberg stated the population out in this western area continues to increase. The congestion continues to build. Councilmember Siakel stated the City is collaborating with the TRPD on an overpass for the Lake Minnetonka Regional LRT Trail at County Road 19. That Trail feeds activity in Excelsior. The overpass would improve safety in that area. The City would appreciate anything Senator Osmek could do to help bring that overpass to fruition. It is important to all communities in the Lake Minnetonka area. Senator Osmek stated he thought the City of Mound received some bonding money for a trail crossing in Mound. He noted that lie would go to bat for some bonding for the LRT trail overpass crossing. He stated the Governor has proposed a $1.4 million bonding bill and noted he does not think he could support a bill for that much money. He could advocate for a capital investment for the overpass at some time. Siakel then stated the state tax exemption for joint powers organizations is important to the South Lake community. The two public safety organizations for those cities operate under joint powers agreements (JPAs). Senator Osmek stated he has spoken with the Chair and Second Chair for taxes about that. Those two individuals realized they made a mistake by not including JPAs in the bill that exempted municipalities. That exemption is in the tax bill that came off of the senate floor and it is now in the conference committee stage. Mayor Zerby noted that only one of the 14 cities around Lake Minnetonka has a population greater than 10,000; that is the City of Minnetonka. He stated he appreciates Senator Osmek looking at that community of 14 cities on a more regional level. Senator Osmek stated at the state level legislatures need to be supportive of cities working together to combine services and working together cooperatively because that would save the taxpayers money. Zerby stated a little more nudging at the state level would help. Councilmember Siakel stated that would be very helpful. Councilmember Woodruff stated it is his understanding that some of the legislation being considered includes language that would change the effective date for the exemption for JPAs retroactively back to January 1, 2016. He asked Senator Osmek if that is his understanding. Senator Osmek noted the effective date for the JPAs got pushed out a year when it should not have been. Mayor Zerby stated the speed limit is going up to 55 miles per hour (mph) from either 45 or 50 mph on the stretch in Excelsior and Shorewood. He hopes there will be a concerted effort made to ensure drivers adhere to the speed limit. Senator Osmek stated if there ends up being a problem with people driving at excessive speeds then he along with others need to be in contact with the Minnesota Department of Transportation (MnDOT). Councilmember Siakel stated the Shorewood Council sees it as a problem but she is not sure others view it that way. She noted she does not want there to have to be a lot of fatalities on that roadway before any agency takes action. She stated there are a significant number of houses being built in Woodland Cove in the City of Minnetrista. There are a number of developments proposed for in Shorewood. With the speed limit being increased on Highway 7 the traffic issues on that roadway will be exacerbated. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 4 of 15 Senator Osmek stated maybe there is a need for another light on Highway 7. Mayor Zerby thanked Senator Osmek for coming. 7. PARKS A. Report on the March 22, 2016, Park Commission Meeting Park Commission Chair Mangold reported on matters considered and actions taken at the March 22, 2016, Park Commission meeting (as detailed in the minutes of that meeting). B. Badger Park Playfield Bid Results Director Nielsen explained that staff has been working with three vendors to get quality bids for constructing an artificial turf playfield in Badger Park. The most responsive vendor has been FieldTurf. Its proposal was far more detailed and realistic than the proposal from AstroTurf. The City never received a bid from SprintTurf. AstroTruf had been asked to submit a revised bid that included the needed soil work; the City never received one. During its March 22, 2016, meeting the Park Commission recommended moving forward with the project for an amount not to exceed $650,000. Since that meeting the City received a revised bid from FieldTurf (a copy of it was included in the meeting packet) for $635,160. FieldTurf took out the costs for engineering work the City was doing. The funds pledged for the project from various sources totaled $525,000. That left a shortfall of $110,160. The Minnetonka Lacrosse Association made a decision to increase its pledge to $180,000 from $150,000 thereby reducing the shortfall to $80,160. He recommended adjusting the Park Commissions not to exceed recommendation to $640,000. Couneilmember Siakel asked if the bid included any other items that duplicate what the City was doing. Director Nielsen stated he anticipated there would be some fine tuning that would result in minimal savings. For example, the bid includes netting for all the way across the proposed field. Not much would be needed on the south side. Siakel noted that she supports moving forward with this project even though the cost to the City is higher than was anticipated. She stated the effort on this to date has been a great partnership between City staff, the Park Commission, the Lacrosse Association, the Football Association, and Hennepin County Youth Sports Grant Program. The City's investment in the field would be good. She then stated the proposed field would be a good first step in giving Badger Park a facelift. Mayor Zerby noted he had met with staff and representatives from the Lacrosse Association last week. He expressed appreciation for the Association's willingness to increase its pledge by $30,000 and that would primarily cover the extra play field. He clarified that the artificial turf playfield would not be for just lacrosse. Zerby asked if staff has contacted the Minnehaha Creek Watershed District (MCWD) to find out if a permit was needed from the MCWD. Director Nielsen responded staff has not. He explained staff was not sure if FieldTurf would do that of the City would. It has determined the City would do that. Staff hopes the MCWD will view it as basically a filtration system; the same way staff does. The water will flow through the turf, down through two feet of sand and then through rock before it goes to the pond. Engineer Hornby stated he thought all that would be needed is an erosion control permit. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 5 of 15 Zerby stated quite a bit of soil would be moved as part of the project. He assumes a permit would be needed for that as well. Councilmember Woodruff stated in previous discussions about this project it had been mentioned that special equipment would be needed to maintain the turf. Director Nielsen noted that equipment is included in FieldTurf's bid. He also noted that FieldTurf representatives have indicated they would be willing to train people on how to use that equipment. Siakel moved, Sundberg seconded, directing staff to work with FieldTurf on a cooperative purchase agreement for an artificial turf playiield in Badger Park for an amount not to exceed $640,000. Motion passed 4/0. 8. PLANNING A. Report on the March 15, 2016, Planning Commission meeting. Planning Commission Chair Davis reported on matters considered and actions taken at the March 15, 2016, Planning Commission meeting (as detailed in the minutes of that meeting). B. Conditional Use Permit for Accessory Space Over 1200 Square Feet Applicant: Bradley Hauser Location: 5640 Covington Road Director Nielsen explained Bradley Hauser is building a new home with an attached garage on his property located at 5640 Covington Road. The floor area of the attached garage for the home, when combined with an old pump house structure near the lake, exceeds the 1200 square feet in floor area allowable for accessory space. That requires a conditional use permit (C.U.P.) pursuant to Section 1201.03 Subd. 2.d.(4) of the Shorewood Zoning Code. The request complies with all of the criteria in Zoning Code Section 1201.03 Subd. 2.d.(4) of the Zoning Code for granting a C.U.P. for accessory space over 1200 square feet. He reviewed how the applicant's plan complies with the criteria. 1. The total area of accessory space (1359 square feet) does not exceed the floor area above grade of the new home (3422 square feet — main level). 2. The total area of accessory space does not exceed ten percent of the minimum lot size for the R- IA/S zoning district (.10 x 40,000 = 4000 square feet). The old pump house is nonconforming with respect to its setback from the lake. The location of the building is mitigated somewhat by the fact that the building is tucked into the hillside. The applicants would use the building for some storage and for irrigation. The applicants have cited the provisions of Section 1201.03 Subd. 2.d.(4)(e) as justification for retaining the old pump house. In 2007, the City adopted an amendment to the Comprehensive Plan setting forth its intention to recognize and preserve special structures in Shorewood. This was followed by an amendment to the zoning regulations, providing for the preservation of certain nonconforming structures that have historical, architectural, or cultural significance. Mr. Hauser believes the pump house is consistent with the criteria for keeping such structures. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 6 of 15 a. The applicant has submitted an aerial photo dating back to 1956 which shows the pump house. b. The pump house is in good condition. Some cosmetic work on the building will be necessary. It is recommended that, as a condition of approval, the building be maintained in some sort of earth tone color. e. Mr. Hauser's application states: "The pump house is visible in historic pictures. Likely used to draw water from the lake to supply adjacent homes. Adds a historical character to the property. Removing the building could be more disruptive through erosion or other as the pump house is built into the sloping hill ". 4. The issue of architectural compatibility between the accessory and principal structures is somewhat of a moot point. The attached garage is an integral part of the home. The pump house is discreetly tucked into the hillside and separated from the house by distance, grade and vegetation. Nielsen noted the Planning Commission held a public hearing for this request during its March 15, 2016, meeting and unanimously recommend approval of the C.U.P. Councilmember Sundberg asked if any neighbors were in opposition to keeping the pump house. Director Nielsen stated one neighbor expressed her support for it approving the C.U.P. and indicated the pump house had been there for many years. That neighbor sees the garage portion and would be most affected. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 16 -0219 "A Resolution Granting a Conditional Use Permit for Additional Accessory Space to Bradley Hauser, 5640 Covington Road." Motion passed 4/0. C. Approve Concept and Development Stage Plan of a Planned Unit Development for Shorewood Senior Living Applicant: Oppidan Investment Company Location: 23075 State Highway 7 and 6020 and 6050 Chaska Road Director Nielsen explained Oppidan hnvestment Company, located in the City of Excelsior, has purchased the properties located at 6020 and 6050 Chaska Road and 23075 State Highway 7. Oppidan proposes to develop them as a 1.05 -unit senior housing project (Shorewood Senior Living) consisting of independent living (28 units), assisted living (52 units) and memory care living (25 units). It would be processed as a planned unit development (PUD) district as required by the City Ordinance (essentially using R -C standards). The three parcels of land contain approximately 3.77 acres in total. The Highway 7 parcel is occupied by the Control House realty building and is zoned R -C, Residential Commercial. The two southerly parcels along Chaska Road are occupied by single- family homes, zoned R -2A, Single- Family and Two- Family Residential. Land use and zoning surrounding the site are as follows: North/Northwest: State Highway 7 South /Southwest: Single- family and two - family residential; zoned R -2A East: Single - family residential; zoned R -IC; Single- Family Residential CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 7 of 15 The property has varying topography, dropping approximately 25 feet from the southeast corner of the site to the northerly end near the ditch for Highway 7. Late last year Oppidan requested a zoning text amendment regarding density and parking requirements for elderly housing. The density was increased from 10 units per acre to 12 units per acre, assisted living units was as half units for the purpose of calculating density, and the parking requirement for elderly housing was reduced from two spaces per unit to 1.5 spaces per unit. Memory care had its own formula for calculating density and parking. The original application for this senior living housing included a request for a zoning text amendment to increase density to 15 units per acre because of issues with the soil and the cost to extend City water to the site. The application calculated density based on units per acre. Shorewood's Code is based on units per 40,000 square feet. After recalculating the density it brought the project density to 13.1 units per 40,000 square feet. That is a little higher than 12 units per acre. But, there is a provision in the PUD that allows a project to go to as much as 10 percent over that. Therefore, a text amendment for density is not required for this proposed project. The maximum amount of allowable impervious surface in the R -C district is 66 percent of the total site area. With special drainage improvements that treat runoff, that amount can go to 75 percent with a C.U.P. The site plan indicates a total of 52 percent impervious surface. The required number of parking spaces is 120 (including proof of parking — it would have to show where an additional one -half space per unit could be located on the site should parking become a problem in the future). The site plan shows 122 spaces. The site plan is extremely tight. It makes landscaping and buffering along Chaska Road extremely challenging. The drainage in the area is handled by a ditch system and it takes up some of the right -of- way (ROW). That precludes any type of effective berm in front of the property. There is room for vegetation. Staff's initial recommendation in the staff report to the Planning Commission was to continue its public hearing. Prior to the Commission's March 15 meeting the applicant submitted a revised landscape plan. The revised landscape plan was a drastic improvement when compared to the original plan. It addressed a number of issues staff had with the plan. The applicant now proposes a coniferous hedge (a lot of it would be juniper) along the entire front of the property that would grow to grow to about 4 — 5 in width and height. That would help screen the row of parking that would face Chaska Road. A landscape berm of deciduous and coniferous trees is also being proposed for the open area. It would serve to some extent as a sound barrier from Highway 7. It would also block Highway 7 for residents along Chaska Road. The applicant has to protect the trees outside of its property. The plan shows 2.5 -inch caliper replacement trees. The City's Tree Preservation and Reforestation Policy requires 3 -inch caliper replacement trees. The trees being proposed for along Chaska Road are swamp white oak. They can grow to have a 40 — 50 foot high canopy on them. They could ultimately cause issues with the power lines. Staff recommends the applicant consider another type of tree. Whatever trees are planted have to respect the power lines in order to avoid a situation where the power company trims a lot of the growth on one side of the trees. Staff intends to continue to work with the applicant's consultants to refine the new landscape plan as part of the final plans for the project. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 8 of 15 Grading, drainage, erosion control and utilities are addressed in the City Engineer's report dated March 7, 2016. The most significant issue with respect to utilities is the extraordinary expense that would be incurred to get city water to the subject property. Were it not for the soil conditions on the property and the extension of watermain the developer would not request tax increment financing (TIF) assistance. An advantage of doing that is it would provide city water to residents on the south side of Highway 7. The original plan was to get water from the Excelsior water system immediately north of the property. Excelsior originally indicated it would do that. It reversed its position due to what it specified as system constraints. The proposed building complies with the height limitations for the R -C District — three stories /35 feet. The small exception to that is the northerly elevation on the end of the project where the underground parking entrance is. That is a little higher than 35 feet high. That is quite acceptable under a PUD. That area faces north and to Highway 7 and not toward residential properties. The applicant proposes some additional landscaping in that area to mitigate that. Nielsen noted staff recommends approval of the Concept Stage and Development Stage plans subject to the items raised in the WSB & Associate's engineering report dated March 7, 2016, being resolved as part of the final plans and staff continuing to work with the applicant's consultants to refine the landscape plan. The Planning Commission recommended approval on a 3/2 vote. Two of the Commissioners were concerned about the market for this proposed type of housing product. The applicant intends to address that with Council. Shannon Rusk, with Oppidan, stated Oppidan is the developer and owner of the property. She noted that Susan Farr with Ebenezer was present. Ebenezer has about 75 projects throughout Minnesota and Oppidan is very fortunate to have Ebenezer as its operator for this project. Vicki Vandell with Loucks and the engineer for this project was also present. Ms. Rusk stated Oppidan does not take the approach of build it and they will come. It hires a third party to conduct a market study. In this case it was Viewpoint Consulting Group. It does work all over the country for this type of project. The Planning Commission raised concern about there being enough demand for the senior living products currently existing and proposed for this market. She did not have the market study with her at that time. Ms. Rusk explained when a market study is done a primary market area is defined which is typically within a two mile area of the proposed project site. The area outside of the primary area is evaluated to determine what other senior living projects there are that would compete with what Oppidan is proposing. The study determined the unmet demand in this particular market area is 260 units. As a conservative measure Oppidan takes 60 percent of that number which comes to 156 units. When the owner of BeeHive Homes spoke at the public hearing on this project he said there is an unmet demand for this type of product in the market area. Oppidan is proposing a 105 -unit project; it cannot build a 156 -unit project on the site. Oppidan looked at several sites in Shorewood and there are not any that would accommodate 156 units. Councilmember Siakel stated she thought BeeHive Homes, the potential The Waters of Excelsior- senior living project and Oppidan's project would exceed 260 units. Ms. Rusk stated the 260 units contemplates the BeeHive Homes project and contemplates existing competition today. The 260 does not contemplate the possible The Waters project. But, Oppidan's units plus The Waters units would not exceed 260 units. Siakel stated she thought there are more projects proposed and when those units are added in the total new units would exceed 260. Siakel noted she has not seen the market study. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 9 of 15 Ms. Rusk explained there is section in the market study that contemplates all of the existing products and upcoming products. Existing products listed BeeHive Homes, the Sunrise senior living facility, SummerWood of Chanhassen, Lake Minnetonka Shores, the Deephaven Woods facility, Elim Shores, Beacon Hill and The Glenn. Depending on the distance from the primary area different factors are applied to the number of units. Factors are also applied to proposed units depending on distance. Sometimes Oppidan and other developers decide not to move forward with a project because of the results of the market study. Oppidan and Ebenezer both believe there is a need for the Shorewood Senior Living facility. Ebenezer is paid based on revenue. She noted that Oppidan has spent a lot of money on this project to date. Councilmember Woodruff stated if construction began in Jule of this year he asked when the first occupancy would occur. Ms. Rusk stated it takes 14 months to build a facility and noted that spring is the ideal time to open. She explained that when Oppidan first approached the City the facility would have opened in the spring of 2017. At that time Excelsior was going allow the facility to connect to its watermain. Just before coming before Shorewood the City of Excelsior changed its mind. Councilmember Sundberg asked Ms. Rusk to talk about the amount of traffic that would be generated because of the facility. Ms. Rusk explained that for each 24 hour period there would be approximately 25 employees who would work various shifts. They would be coming and going throughout that period. There would be no drivers living in the memory care units. About six trips per week are generated by those living in independent living. Engineer Hornby stated the engineers used the Trip Generation Manual and based on the criteria came up with 298 vehicles per day. Ms. Rush noted that is higher than what Ebenezer sees at facilities it operates. She stated residents living in the proposed facility will require higher levels of care. There are food deliveries twice a week and those deliveries are made via the underground parking entrance. Trash removal is also done down there. Councilmember Sundberg asked about the anticipated number of emergency calls to the facility. Ms. Farr stated based on information from the Deephaven Woods facility there are an average of two per month and she noted there is a registered nurse at the facility around the clock. Ms. Rusk noted there would be a full line of amenities in the facility. There would be a private dining room for families to dine in. She explained that statistically 65 percent of residents living in its facility come from the primary market and 35 percent come from outside of it. As those statistics get refined the 35 percent are typically because they have a tie to the community. She stated she hopes people view the proposed facility as a nice amenity for the baby boomers as they continue to age. She noted Oppidan and Ebenezer think there is a need for 260 units over time. Director Nielsen explained that during the public hearing residents expressed concern about the existing speed of traffic and the volume of traffic on Chaska Road. They also expressed concern about lighting. The City has an ordinance which regulates places that are open 24 hours a day. If they are open between 10:00 P.M. and 7:00 A.M. there cannot be any off street loading during that time. Service trucks cannot come during that same time period. The outdoor lighting has to be doused down to what is reasonably necessary to keep the place open. That would likely be at the entry area and some minimal parking lighting near the entry area. That would be specified in the Final Plan Stage plan for the PUD. Mayor Zerby stated that Council receives copies of minutes for Planning Commission meetings. It has received a letter from one resident. He then stated he would open the floor to residents in the audience if they would like to comment on issues not already raised and he asked that they keep their comments to three minutes. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 10 of 15 Mike Marr, 6015 Chaska Road, stated he hoped Council reviewed the letter he sent. He explained when he purchased his property in 1981 there was no office building in the neighborhood. Allowing an office building required the property to be rezoned and it had to be approved by the then Council. At that time residents were told the edge of the parking lot was the end of commercial zoning. The rest would stay residential. Now that is being moved down further. He asked what would stop someone from later saying they need 260 units there and therefore would like to purchase the next three residential lots. He stated if this project is approved it would change the neighborhood. He explained the traffic on Chaska Road is horrendous. The population in the City of Chanhassen has exploded. Highway 7 was redesigned with a slip lane onto Chaska Road. Drivers do not slow their speed when they exit on to the roadway. Increasing the speed limit on Highway 7 to 55 miles per hour (mph) will make that problem worse. There will be senior residents turning on to the roadway which already carries an enormous amount of traffic, In his letter he suggested closing that exit off of Highway 7 to Chaska Road. He suggested leaving the zoning as it is for the two residential properties. He stated he has heard people say that no one would ever buy those two properties because they are right along Highway 7. He explained at the other end of Chaska Road four new huge houses were built near Highway 41. He stated he thought people would build on the two residential properties. He asked the members of Council how they would feel if someone proposed building such a facility across from their driveway. There would be lights on all night tong and ambulances coming to the site any time of the day or night. Mr. Marr asked Council to consider if what is being proposed is appropriate to put in that neighborhood. He thanked Council for its time. Sandra Clapp, 6050 Chaska Road, noted she called the South Lake Minnetonka Police Department (SLMPD) to ask if it had received any complaints about traffic speeds from anyone in the neighborhood. It had not. She stated living in the triangle between the two roads has not been pleasant. She does not think it is a very nice place for single- family housing. There had been townhouses built on the lot next to hers and that project went into some type of bankruptcy. What were built to be $750,000 houses sold for $300,000. She then stated there is a two year wait for the senior housing apartments in Chanhassen. She went on to state from her perspective the proposed senior living facility is the best type of housing for that area. She explained her mother hates her apartment because she looks out to trees. She thought her mother and other seniors would like to look out at a highway. She stated about 4 — 5 years ago a speed limit sign was put up along Chaska Road. She noted that no one has requested extra patrolling from the SLMPD. Sue Hnastchenko 26375 Peach Circle, noted this topic is very dear to her. She explained that she has two elderly parents that used to live behind her that needed senior housing. They loved living in Shorewood and going to the Southshore Center to play cards. Unfortunately, there was nowhere in Shorewood for them to live. They had to move to Chanhassen; they moved to SummerWood and are happy there. She would have loved to have something like what is being proposed for them. They could have lived a lot closer to her. They could have continued to see their friends and go to the Center. She encouraged people to accept there is an aging population in the area. She stated there are not a lot of options around Lake Minnetonka for aging seniors. She noted she would like there to be a place for her and her family to go to. Mayor Zerby stated that based on what he hears from residents almost every day he thought the project is needed. It is difficult to find that type of housing available at an affordable price point. The price point on the potential The Waters project is going to be on the higher end. He then stated this Council is very CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 11 of 15 dedicated to trying to mitigate traffic issues when it is aware of them. Council needs to assess the traffic issues independent of whether or not this project moves forward. The project provides the impetus to do something as soon as possible. He noted he supports what has been proposed and he thanked the developer for improving the screening around the site and addressing the lighting issues. Councilmember Sundberg noted she has conflicting thoughts about what is being proposed. She stated she likes the developer and operator. The plans are beautiful. But, she has concerns about wedging the facility into a residential neighborhood. The site is so tight there is little room to buffer the facility from residents in the area with anything other than a hedge. She could be more comfortable with what has been proposed if there could be more of a buffer around the site. But, increasing the buffer may not be possible because of the amount of land available. Having the facility there will result in there being an increase in traffic with a lot of the increase being senior drivers. She noted she agrees there is a need for this type of senior living housing in the community. But, she stated she needs to hear more about the facility being a good neighbor to the residents living across from the facility. In response to a question from Councilmember Woodruff, Director Nielsen stated there is not much grade change along Chaska Road. The houses on the south end sit a little bit below Chaska Road and those on the other end sit above it. Woodruff stated it looks to him like the elevation from the roadway up to the parking lot would be 10 feet. Ms. Rusk confirmed that. Woodruff stated if a person was standing on the roadway would they be looking up. Nielsen stated that would be true from Highway 7. If looking from Chaska Road a person would basically be looking at the first floor. Woodruff stated a person would be looking at a row of parking. Councilmember Woodruff stated when traveling Highway 7 and north and south on Highway 41 from Highway 7 during the weekday around 1:00 P.M. there is an incredible amount of commercial large truck traffic that travels southwest on Chaska Road and then onto south Highway 41. He assumes that commercial traffic is using Chaska Road as a cut through to avoid the traffic light at Highway 7 and Highway 41. Chaska Road was not built to carry that heavy traffic. Something needs to be done to stop that cut through traffic. Councilmember Siakel noted her greatest concern is the long -term impact on the community. She agreed that there is a need for senior living housing. She stated she is familiar with Ebenezer and she has no problem with it being the operator of the facility. It does a quality job. She noted she does not buy into there being a need for 260 units. The community has a population of about 12,000 residents. She expressed concern about possibly overbuilding senior housing for the future. Some of the things being asked of the City may be detrimental in the fixture. She agrees that there is a traffic issue along Chaska Road. She asked if a traffic study should be done. She questioned if it would be possible to close the exit from Highway 7 to Chaska Road. She does not think it would be unreasonable to implement ways to reduce the cut through traffic on Chaska Road. She expressed concern about the very aggressive timeline for this proposed project. There needs to be enough time for Council to make good decisions for now and for the future. She stated she understands that Oppidan has already made a financial investment in this project. But, that cannot be her concern at this time. Her concern has to be about the wellbeing of the community. Mayor Zerby stated there is always residential housing near any commercial property. There are two shopping centers near Highway 7 and both are surrounded by residential housing. When the CUB Foods development was done the City implemented some traffic calming things. There is residential housing near the public safety facility. He clarified The Waters project is not a given project. Excelsior gave in conditional approval based on annexing the land that is located in Shorewood. The Oppidan project is in front of Council. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 12 of 15 Councilmember Siakel asked if Oppidan would proceed with its project without TIF assistance from the Shorewood. Attorney Keane explained Council is being asked to evaluate a land use application on the basis of the land use compatibility, conformity to regulations, and conformity to the Comprehensive Plan. TIF assistance with regard to watermain extension and poor soils mitigation is a separate decision that Council will have to make in the future. That would be more of a business and policy decision; it would be separate from the land use application. The market for the use proposed should not have any bearing on the land use application. The market could come into play when making a policy investment decision. Keane stated from a planner perspective the project would be a good buffer between a major state highway and the single- family residential area off of the highway. It would be a noise buffer and a visual buffer. The project would not have a lot of adverse external impacts like a manufacturing facility would have. Councilmember Woodruff stated when he was the Planning Commission liaison he had the opportunity to look at the market study and he thought it was quite comprehensive. He thought it was done with sound math and science based on who conducted it and therefore he does not argue with the results. Woodruff moved, Sundberg seconded, Adopting RESOLUTION NO. 16 -022, "A Resolution Granting Concept and Development Stage Plan Approval for the Shorewood Senior Living (Oppidan) Planned Unit Development" subject to the conditions listed in the staff report and engineering report. Councilmember Sundberg stated the traffic issue is a high priority for Council to address. She then stated she wants to see a lot more detail in Final Plan Stage plans. She wants to be more comfortable that what is proposed would accommodate the neighborhood. She noted she thought the concept is beautiful. She also noted that she cautiously seconded the motion. Councilmember Siakel stated after hearing Attorney Keane's comments she would with great hesitancy vote in favor of this. Mayor Zerby stated he thought the proposed land use is appropriate. And, there is a need for senior living housing. The developer has spent on lot of time and money on this project to date and the project shows a lot of promise. He noted that Council has already decided to have an executive session to discuss TIF assistance. Motion passed 4/0. D. Minnetonka Country Club Grading Permit Director Nielsen stated it would have been preferable to have the Phase 1 final plat approved for the Minnetonka Country Club (MCC) planned unit development (PUD) before starting grading; that is not the case. The applicant has submitted a final grading plan and requested an early grading permit. The applicant has already complied with of the conditions of approval. It has obtained "no further action" letters from the Department of Agriculture and the Minnesota Pollution Control Agency. It has also received a permit from the Minnehaha Creek Watershed District (MCWD) which is another condition of approval. It needs approval from the City Engineer. The developer has signed the development CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 13 of 15 agreement. The developer will have a $157,000 letter of credit delivered on March 29. That is for site restoration if something goes awry with Phase 1. Nielsen noted staff is recommending approval of the early grading permit subject to signing the grading agreement and providing the letter of credit. Mayor Zerby stated the grading agreement states the hours of operation shall be limited to those contained in the adopted City Engineering Manual. He asked what those hours are. Engineer Hornby responded the hours are 7:00 A.M. — 7:00 P.M. Monday — Friday, 9:00 A.M. — 5:00 P.M. on Saturday and no work on Sunday. Councilmember Sundberg stated she noticed all of the trees that were taken down; there were a lot more than she anticipated. Director Nielsen explained the number removed were consistent with the approved plan. There is tree protection fencing around the trees that were to be saved. A number of the trees taken out were where the road and utilities are going to go. There were some ash trees on the west that were borderline that came out as well. He agreed that it was a drastic change to the site. He noted the tree reforestation plan shows the developer planting over eight trees per acre. Rick Packer, with Mattamy, stated after a lot of trees are removed the look is a shock to a developer as well. Mattamy representatives spent days assessing the trees to see if more could be saved. One and one - half days were spent putting up silt fence and tree protective fencing. More trees were saved than the plan indicated. He noted that Brian Theis is the project manager for the entire project; he lives in the City of Chaska and is a member of the Chaska Planning Commission. The MCC project would be his first stop in the morning and the last in the afternoon. He offered to take any member of Council on a driving tour of the site. He stated he thought the views of the open spaces from the houses will be fantastic. Once all of those trees were removed it became apparent how hilly the site is. Councilmember Woodruff asked if the soil remediation work has completed. Mr. Packer responded yes. Woodruff asked what the extent of the grading would be. Mr. Packer stated the grading would be on the Phase I portion of the site and the Phase 2 utility extension. In order to balance the dirt, the loop in the center had to be done. Mayor Zerby stated he was pleased to read that daily sweeping of the roadway would be required. He asked if trucks would come to and leave from the site via County Road 19 to Highway 7. Engineer Hornby reaffirmed they would leave the site on to Smithtown Road to County Road 19 to Highway 7. Mr. Packer clarified no dirt would be moved during the early grading operation. In response to a comment from Mayor Zerby, Mr. Packer clarified no wetlands would be filled in in this phase but the wetland mitigation would be done. He stated wetland mitigation should be near acceptance by the time the wetland on the northwest corner of the site gets filled in. He noted the MCWD has approved what is going to be done. Sundberg moved, Woodruff seconded, Adopting RESOLUTION NO. 16- 023, "A Resolution Authorizing City Administrator to Execute an Agreement Regarding Grading and Site Utility Work of Phase 1 Minnetonka Country Club Planned Unit Development" as presented. Motion passed 4/0. 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 . Page 14 of 15 11. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Hornby stated the current plan is to start the grading of the Smithtown Road west sidewalk extension the first week of May. 2. Metropolitan Council Environmental Services Lift Station Relocation Engineer Hornby explained the Metropolitan Council Environmental Services (MCES) is going to replace its Lift Station L18 located near Christmas Lake Road and Highway 7 just north of Third Avenue. At the City's request MCES will take possession of a parcel of land through the eminent domain process. MCES is going to bid the project in the near future. The outlet pipe for Christmas Lake Road would be replaced and it will run watermain to Third Avenue. He anticipates Council will consider a cooperative agreement between the City and MCES sometime during the next month. 3. LRT Trail Crossing at County Road 19 Engineer Hornby stated staff recently received the most recent plan for improvements to the Lake Minnetonka Regional LRT Trail crossing at County Road 19. He worked with the engineer for the City of Tonka Bay on the review of it. Both of them have signed the title sheet for the project. Director Brown stated staff continues to work with representatives from the Three Rivers Park District (TRPD) and other agencies to try and move an overpass crossing project forward. Hennepin County has acknowledged that there have been near miss issues at the at -grade crossing. The County understands the Rectangular Rapid Flash Beacon interim improvement must be done as a short -term measure. Councilmember Woodruff asked if the area from the at -grade crossing on the west side of Country Road 19 to Manitou Park in Tonka Bay will be striped. Engineer Hornby stated he would check into that. Other Director Brown stated 7 beavers have been harvested from the Enchanted Lane area. Councilmember Woodruff had expressed concern to staff that a limit has not been set about how many is enough. Staff will draft a recommendation for Council's consideration. The beaver harvester will now concentrate his efforts on the Silver Lake area. Brown then stated the seasonal weight restrictions are governed by the State. The State's and Hennepin County's restrictions dovetail. If the State restrictions go off any earlier than May 1 staff will publish that on the City's website. In response to a comment from Mayor Zerby, Engineer Hornby stated most of the heavy equipment for the grading portion of the Minnetonka Country Club (MCC) project is on that site. Mayor Zerby stated there had been discussion about creating a project page on the City's website so residents can go to a specific project and read what is going on with a project. Such a page could answer questions residents might have so they do not have to ask members of Council. He would like the action taken tonight on the MCC project to be put as an update. Councilmember Woodruff suggested that it CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES March 28, 2016 Page 15 of 15 include a comment that the number of trees removed was less than expected. Zerby suggested including a copy of a simplified plan so residents know what to expect. Administrator Joynes stated he, Attorney Keane and Director Nielsen met with the Excelsior City Manager and City Attorney close to two weeks ago about The Waters in Excelsior Project and negotiations about it. He expects to hear back from them soon. He will put that topic on the executive session Council will have in the next few weeks. Councilmember Woodruff asked how much time remains for the judge to decide on the summary judgement for the Southshore Center case. Attorney Keane responded there are about 30 days left. B. Mayor and City Council Councilmember Woodruff stated Metro Cities will hold its annual business meeting on April 21, 2016. He will attend. The guest speaker will be Hamline University Professor David Schultz. He then stated the League of Minnesota Cities annual conference is scheduled for June 14 — 17 and it will be held at the Saint Paul RiverCentre. The cost to attend is $600. He personally does not think it is worth it to spend that money to go. But, other members of Council may want to attend. Councilmember Siakel explained she attended the Excelsior Fire District (EFD) Board meeting on March 23. The 2015 audit findings were presented and the audit report was accepted. The Board approved a $150 increase in the firefighters' per - year -of- service pension benefit effective August 1, 2016, Chief Gerber presented a 2015 Year in Review report. Mayor Zerby asked if there will be a discussion about the replacement of a ladder truck this year. Administrator Joynes responded it will be discussed this year during the 2017 budget process but it has no budget impact this year. Siakel stated the next thing the Board will discuss is service delivery and staffing models. Chief Gerber is working on scheduling a work session in May to discuss that. Attorney Keane noted this year's legislative session is very short. If Council has issues it would like to convey to the City's representatives now is the time to do so. Councilmember Sundberg stated the Star Tribune Newspaper published an article recently regarding municipalities hiring lobbyists and spending government money to do so. She thought the article was "total poppycock ". 12. ADJOURN Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of March 28, 2016, at 8:54 P.M. Motion passed P.M. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Je n Panchyshyn, City Clk