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02-22-21 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 22, 2021 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Labadie called the meeting to order at 7:01 P.M. A. Roll Call Present. Mayor Labadie; Councilmembers Johnson, Siakel, and Callies; City Attorney Keane; City Administrator Lerud; City Clerk/HR Director Thone; Finance Director Rigdon; Planning Director Darling; and, City Engineer Budde Absent: None B. Review Agenda Johnson moved, Siakel seconded, approving the agenda as presented. Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 2. CONSENT AGENDA Mayor Labadie reviewed the items on the Consent Agenda. She stated that she would like to discuss item H, Park Commission Appointments. She explained that Parks Commissioner Garske has submitted a letter of resignation effective immediately due to a relocation. She noted that the Council had recently interviewed candidates for the open Commissioners and Boards in the City and would suggest that the Council appoint James Hines to serve out the remainder of Commissioner Garske's term and that this appointment be added into item H. Callies moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein, with the amendment to Item H, as noted. A. City Council Work Session Minutes of February 8, 2021 B. City Council Regular Meeting Minutes of February 8, 2021 C. Approval of the Verified Claims List D. Planning Commission Appointments, Adopting RESOLUTION NO. 21-018, "A Resolution Making an Appointment to the Shorewood Planning Commission." E. Lake Minnetonka Communications Commission, Adopting RESOLUTION NO. 21-019, "A Resolution Making an Appointment to the Lake Minnetonka Communications Commission (LMCC)." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 22, 2021 Page 2 of 7 F. Approval of 2021 Concession Operation Agreement G. Approve Mayor Declaration 21-02, Adopting RESOLUTION NO. 21-020, " A Resolution Approving Mayoral Declaration 21-02." H. Park Commission Appointments, Adopting RESOLUTION NO. 21-021, "A Resolution Making Appointments to the Shorewood Park Commission." I. Approve Pond Sediment Sampling Proposal from American Engineering and Testing Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 3. MATTERS FROM THE FLOOR Greq Larson, 25535 Orchard Circle, noted that a group of South Lake area residents are soliciting citizen support for rezoning the woods north of the trail. He explained that it was the area that was proposed for the stormwater pond as part of the Glen Road project. He stated that they will be approaching the city to rezone it from R2A to Permanent Protected Open Space. He stated that he expects this proposal to be popular among the citizens and noted that they are also asking Tonka Bay to dedicate the park land to the north and west of the Shorewood property as the Tonka Bay open space preserve. Kim Koehnen 6115 Seamans Drive, thanked the Planning Commission for taking into consideration the neighborhood comments from the Planning Commission meetings and making adjustments to the plans for item 7B on tonight's agenda. She stated that she loves the change that was made to the lighting at the cul-de-sac. 4. PUBLIC HEARING - NONE 5. REPORTS AND PRESENTATIONS - NONE 6. PARKS A. Report by Commissioner Hirner on February 9, 2021 Park Commission Meeting Planning Director Darling gave a brief overview of the February 9, 2021 Park Commission Meeting. 7. PLANNING A. Report by Commissioner Maddy on February 2, 2021 Planning Commission Meeting Commissioner Maddy gave a brief overview of the February 2, 2021 Planning Commission meeting. B. PUD Development Stage Plan and Preliminary Plat Location: North of Highway Seven between Eureka Road and Seamans Drive CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 22, 2021 Page 3 of 7 Applicant: Stoddard Companies Planning Director Darling explained that the Council had recently approved the PUD Concept Plan for this proposal and noted that the Preliminary Plan is very similar. She explained that this proposal would develop the lot with fourteen homes in a planned community with shared maintenance. She noted that as the proposal moves from concept, to preliminary, to final, the level of technical information will increase. She gave an overview of the existing conditions on the site including the wetlands. She explained that two of the large wetland basins will remain on the site and the third will be filled in. She gave an overview of the proposed slab on grade homes with no basements. She noted that the applicant is currently proposing about 22.2 percent impervious surface coverage, but that can fluctuate as the developer moves closer to the final stages. Staff is recommending a maximum cap of 25 percent or the design capacity of the stormwater features, whichever is less which will help leave as much of the site open as possible. She explained the clustered development of detached villas and noted that staff has asked the developer to assign an amount of impervious surface to each lot so the homeowner can make their plans accordingly. The applicant will need to bring in about 25 cubic yards of dirt in order to raise the building pads and roads so the soil can support the proposed structures and explained that there are a number of conditions relating to this issue for things such as identifying the haul route. She stated that the applicant is asking for a 10-foot setback in order to keep the homes one level rather than two levels. She stated that this would also allow them to leave the majority of the southern space for open space and stormwater control. The developer has also asked for flexibility with regard to the wetland buffer behind lots five and six. She explained that the watershed district and other cities do allow for this type of flexibility. She explained that they are proposing reducing the buffer by about 370 feet behind the home on Lot Five and increase the buffer behind Lot Six in order to provide the same amount of area. She noted that the remaining buffer behind Lot Five is still large enough to provide protection to the wetland and staff recommends approval of this alteration. She clarified that this is not the type of flexibility that the Council could allow outside of a PUD development so there should not be many similar requests in the future. She reviewed renderings of the proposed homes with three car garages and the one home with a side loading garage. She explained that most homes will have a patio and possibly a screened porch. She gave an overview of the discussion at the February 2, 2021 Planning Commission meeting discussion and noted that they had unanimously recommended approval of the request. The primary concerns from the two residents who spoke were related to lighting, landscaping, and traffic. She stated that one of the concerns the Planning Commission had were the number of conditions related to tree preservation. She noted that the applicant has revised their landscaping plan extensively in order to reduce the number of conditions and have added a substantial number of additional trees to the plans. She stated that the applicant has also revised their plans for the proposed street lights. City Engineer Budde gave an overview of the traffic study and how it was adjusted to take into consideration the decreased traffic due to the COVID-19 pandemic. He explained that they had first increased the numbers by 6-1/2 percent which was what MnDOT had recommended. He stated that the City had also asked the applicant to run their traffic numbers with a 15 percent increase in traffic but in both scenarios, there was really no additional significant impact to the traffic on Eureka and Highway 7. The developer is proposing to install a north bound right turn lane into the development off of Eureka. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 22, 2021 Page 4 of 7 Bill Stoddard stated that they have some of their technical team present at tonight's meeting should the Council have more detailed questions. He explained that they have tried to take into consideration the comments made by the Planning Commission, residents, and the Council. Councilmember Callies stated that there was a lot of good discussion at the Planning Commission meeting and expressed her appreciation that the developer is willing to work with the City and neighbors in order to make changes to their plans. She asked about the wetland buffer and asked if there were dedicated easements or just a demarcation with vegetation. Planning Director Darling explained that the wetland buffers are a natural area with native plantings. The area is not cut or mowed and the whole goal of having the buffer is to slow surface water run-off into wetlands and force some of it to infiltrate into the ground and clean itself before it hits the wetland area. These areas will be protected by drainage and utility easements as well as separate conservation easements over the top. Councilmember Callies stated that the traffic at this intersection is not good right now and while she understands the traffic study has shown that the traffic will not be worse in the area, she wonders about getting some sort of traffic control. She asked if that was contrary to what MnDOT is trying to achieve with Highway 7 being a thoroughfare. City Engineer Budde stated that it is kind of a complicated process when it comes to verify that a signal or intersection improvement is necessary. He explained the requirements by MnDOT to warrant a signal such as significant delays on side streets which they are not seeing enough in this situation to warrant a traffic signal. Councilmember Siakel stated that it has been presented that it is likely that the residents of this development will not be contributing to the peak traffic hours. Councilmember Callies stated that this is not an affordable housing project and asked about the conditions that states the developer must donate money to an affordable housing project in the future. She stated that seems like a nice condition to add, but does not feel it is a meaningful condition. Councilmember Siakel asked if the City is planning on marking any of the wetland buffer areas because sometimes when residents move in, they do not recognize it is an easement or wetland and tend to hack it down and expand the yard. Mr. Stoddard explained that every lot will have signage and because there is a homeowner's association that means that the other homeowners will tell on anyone that attempts to expand their yard into the wetland buffer area. Planning Director Darling stated that the City's requirement is to have sub -surface stakes that go into the ground to delineate the area and noted that the watershed district prefers above ground monuments which are easier to see. She stated that the Council could require both ways of marking the area, if they would like. Councilmember Johnson asked about the overall grade increase from present condition to what is proposed. Planning Director Darling stated that it will vary a bit based on which side of the development. She that she thinks it is about four feet on the east side tapering down to two feet on the west side. Councilmember Johnson asked about 3.C. from the Resolution and asked if the purpose was for someone to not park vehicles in the driveway full-time. He asked why this would not be worded CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 22, 2021 Page 5 of 7 a bit more directly that did not require the City needing to go into someone's garage. Planning Director Darling explained that the issue she was trying to resolve is people using their entire garage for storage purposes or for the storage of recreational vehicles and having no room to park their vehicles inside which would force them to park in the driveway and on the street. Councilmember Johnson stated that he believes it would be simpler to just say what the parking restrictions are, such as how long they could park or have a trailer in their driveway. He asked when the Council will get to view the Development Agreement and the HOA articles of declaration. Planning Director Darling explained that those would be viewed with the Final Plat review. Mayor Labadie stated that her concerns with the 10-foot setback was discussed at length within the staff report. Planning Director Darling explained that the 10-foot setback allows the developer to makes the homes wider and get about a 2,100 square foot home on one level. Mayor Labadie stated that the developer has taken comments and concerns to heart and made many alterations to their original plans. Councilmember Johnson states that notes two through five were not included in the packet even though they are referred to within the conditions. Mr. Stoddard clarified that he had not put the staff report together but assured the Council that he intends to do everything he has offered to do within his notes. Councilmember Johnson stated that he would like to take Mr. Stoddard up on his offers, but would like more detail and he did not find all the detail within the packet. City Attorney Keane explained that this can be done within the final development application stage and stated that he believes the will ultimately earmarked for the HRA. He noted that since this is a voluntary contribution and not an exaction, he does not see any issues with it. Councilmember Johnson asked that the financial note details be sent to the Council as soon as possible. Planning Director Darling stated that it appears some of this information was cut off from the final copy and gave a brief overview of the information that was missing. Callies moved, Siakel seconded, Adopting RESOLUTION NO. 21-022, "A Resolution Approving a PUD Development Stage Plan for the Property Located North of Highway Seven Between Eureka Road and Seamans Drive." Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-023, "A Resolution Approving a Preliminary Plat for the Villas at Shorewood Villas Addition for Property Located North of Highway Seven Between Eureka Road and Seamans Drive." Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 8. ENGINEERING/PUBLIC WORKS A. Approve Local Road Improvement Grant — Minnetonka Boulevard City Engineer Budde explained that MnDOT is soliciting applications for Local Road Improvement Program (LRIP) Grants. Staff has been in discussions with both Greenwood and Deephaven CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 22, 2021 Page 6 of 7 about possible improvements to Minnetonka Boulevard and both those cities have already passed resolutions in support of working together to attempt getting the LRIP grant and would like the City to be the lead agency for the application process because of its Municipal State Aid (MSA) status. He explained that even if the grant application is not successful, the three cities would most likely continue pursuing a joint project as identified in the CIP for 2021 with a budgeted amount of $210,000. He stated that the staff is estimating the total cost for the application work would be around $6,000 which would be split equally between the three communities. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 21-024, "A Resolution to Pursue Local Road Improvement Program Grant for Minnetonka Boulevard with the Cities of Greenwood and Deephaven." Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. 9. GENERAL/NEW BUSINESS - NONE 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Virtual Open Book Meeting City Clerk Thone explained that there will be two Open Book meetings on April 27, 2021 and April 29, 2021. She noted that the value notices will be sent during the first week of March which is a few weeks earlier than usual. She stated that all the details, including a link, will be on the City's website. B. Mayor and City Council 1. Report on Councilmember Interviews Councilmember Siakel stated that she and Councilmember Callies conducted interviews for the open City Council seat. She stated that they had interviewed nine candidates over a period of three days. She stated that all of the candidates were very professional and very prepared but explained that she and Councilmember Callies felt that there were two candidates who stood out. They are recommending that Candidates #7 and #9 be brought back for an interview with the full Council at the Council Work Session scheduled for March 8, 2021 with the hopes of appointing one of the candidates to be seated by the end of March. Mayor Labadie thanked Councilmember Callies and Councilmember Siakel for their willingness to spend time interviewing all nine candidates. Councilmember Johnson stated that there are a number of candidates that are serving on existing commissions and asked if this appointment happens to create another vacancy on another Commission that the Council can do just what it did tonight in filling Park Commissioner Garske's position. Councilmember Siakel stated that she would prefer to just focus on filling the Council vacancy before taking a look at what may need to happen on the other Commissions. Callies moved, Siakel seconded, that the Council interview Linda Murrell and Nathaniel Gorham as the finalists for the open Council seat. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 22, 2021 Page 7 of 7 Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. Mayor Labadie stated that she had inadvertently neglected to give staff the option to bring up any issues under item 1 OA and wanted to give them a chance. Planning Director Darling noted that it is nearly spring, which means the City is getting a lot of requests for property improvements, including a few commercial properties. City Administrator Lerud stated that the City received notice late last week that the City had received a $50,000 grant to remove buckthorn in Freeman Park which will begin this spring. Councilmember Johnson asked what will happen with the outdoor skating rinks with the recent warming temperatures. City Administrator Lerud explained that as a general rule, when we get toward the end of February, it does not matter how cold it is, the sun is really hard on the ice which means the end of the outdoor skating season is coming. He noted that the City will keep it going as long as it makes financial sense. 11. ADJOURN Johnson moved, Siakel seconded, Adjourning the City Council Regular Meeting of February 22, 2021, at 8:16 P.M. Roll Call Vote: Johnson, Siakel, Callies, Labadie voted Aye. Motion passed. ATTEST: Je #6ifer4-abadie, Mayor Sandie Th6ne, City Clerk