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08-26-13 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 26, 2013 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 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 Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Homby Absent: None. B. Review Agenda Woodruff moved, Hotvet seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, August 12, 2013 Woodruff moved, Siakel seconded, Approving the City Council Work Session Minutes of August 12, 2013, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, August 12, 2013 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of August 12, 2013, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTIUON NO. 13 -049, "A Resolution Approving a Lease Agreement for Use of Election Equipment between the City of Shorewood and Minnetonka School District 9276." C. Adopting RESOLUTIUON NO. 13 -050, "A Resolution Accepting the 2012 Lift Stations 5 and 6 Rehabilitation Project and Authorizing Final Payment, City Project 12 -06." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 2 of 18 D. Approval of the final recommended Excelsior Fire District 2014 — 2034 Capital Improvement Program dated August 2013 and the 2014 Operating Budget dated August 19, 2013. Director DeJong noted that he had placed an additional verified claims sheet with two additional items on it at the dais this evening. One is for the realtor Angie Weaver for the City -owned property to pay for flooring and cleaning she contracted out for. The other is for mileage reimbursement for Councilmember Woodruff. Motion passed 510. 4. MATTERS FROM TI3E FLOOR A. Request by Alan Yelsey on Use of Herbicides and Chemicals in the City Alan Yelsev, 26335 Peach Circle, noted he has lived in Shorewood for 33 years. He stated this evening he has a couple of items related to the safety of the surface water, aquifers, air and soils. He noted he was not able to find any strong City codes /policies that protect the concerns he has about pollution from the use of toxic materials in the City other than for phosphorous and phosphates. He recommended the City develop codes and establish a means to enforce them to protect the residents from unwarranted chemical use that may seep into the aquifers, the soils and drinking water (both municipal water and water from private wells). Mr. Yelsey noted there are high water tables in the City and there is a lot of water that is interconnected in the City. He also noted he is pleased that Director Brown has concerns about using too much chemical to treat ice because of the impact on ground water. He stated the health effects of most of the herbicides, pesticides and fungicides that are used are not well known. Many have breakdown in the soils and convert to other materials that are not measured whatsoever. Those materials have much more toxic consequences than the initial active material. Mr. Yelsey asked Council to consider establishing a group of residents and members from staff to assess whether new policies, ordinances and practices are warranted. Mr. Yelsey stated his specific concern this evening is the herbicide Garlon 3A that was applied in Freeman Park in June to try and mitigate buckthorn. He clarified his only interest is in protecting the water system. He stated from his perspective he does not think that application was fully warranted. He noted the general practice is to deal with buckthorn the way the City did. He clarified he is not criticizing what the City has done. He asked the City to reconsider the safety of the chemical and to possibly challenge Dow Chemical when it says certain things about the chemical that he does not think are true. He expressed concern that the City did something that could possibly toxically affect the drinking water in his well. He lives near Freeman Park. Mr. Yelsey asked Council to consider a motion to assess the City's ordinances and practices and the practices of anyone who uses chemicals in the City. Mayor Zerby clarified Council cannot make a motion during maters from the floor. Council can give staff direction about what it would like to see at a future meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 3 of IS Councilmember Siakel stated that based on Mr. Yelsey's comments that he was referring to the project the City contracted out to do to remove buckthorn from Freeman Park. Great River Greening used Garton to treat the buds from the buckthorn. Mr. Yelsey stated he thought the Garlon was applied improperly. Director Brown explained the City contracted with Great River Greening to remove buckthorn in Freeman Park. Staff researched the Landscape Arboretum's website and the Minnesota Department of Agriculture's website. Both websites list Garton as a chemical to use for buckthorn control. The individuals who applied the Garton were required to be licensed in that instance because of the quantity that was used. Mr. Yelsey stated the application of Garton was done improperly; therefore, it poses a risk to the drinking water in that area. Also, the chemical may be toxic, He noted that what the City had done is widely practiced throughout the United States. He stated because of the chemical's susceptibility to pollute the drinking water table in the City he suggested the City be more rigorous in controlling the use of Garton. He explained the research being done by many universities indicates it's prudent not to let Garton into water supplies and ground water. It's not just about Garton; it's also about how it breaks down in the water and soil. Councilmember Sundberg noted that Great River Greening relies heavily on volunteers. She asked if Mr. Yelsey saw volunteers improperly applying Garlon. Mr. Yelsey stated he was not there when it was applied and he has very few details about it. Mr. Yelsey stated Garton was applied at the wrong time of the year. The label cautious against applying it in June; it was applied in June. It was applied more heavily than the City had thought it was going to be. Also, it was applied too close to the pond and the water in that very susceptible area. The chemical also kills trees if not properly applied. From his perspective, it doesn't appear that those risks were considered before it was applied. He noted that he does not have all of the evidence. Councilmember Woodruff suggested Council discuss the process for using of chemicals in the City during a future work session. Councilmember Siakel suggested having the Planning Commission talk about using Garton with regard to trees and tree removal. Mr. Yelsey asked that Garton not be applied any more near his home and he prefers it not be applied anywhere in the City until it has been reviewed. He recommended any future Code should apply to commercial use of potentially toxic chemicals in the City as well as use by the City. Mayor Zerby stated he thought the City should have a policy to apply chemicals according to the label on the container. He noted he is sensitive to Mr. Yelsey's concern and he considers himself an environmentalist. He stated he hoped the federal and state agencies are helping to protect against potentially toxic chemicals. Mr. Yelsey stated he does not want Garton used near his home. If the City considers doing that he will fight it. He then stated there are alternate things to use. The same is true for other chemicals as well. Mayor Zerby noted Council appears to be interested in discussing this and/or having the Planning Commission discuss it. Other CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 4 of 18 Joe Shneider_ 1035 Holly Lane, Chanhassen, noted he is the head of the Christmas Lake Homeowners Association. He is also a vice president in the Minnesota Coalition of Lake Associations (MN COLA). MN COLA is the only group of its kind trying to represent the waters in Minnesota. He explained he is present this evening to request a letter of support from the City of Shorewood for a grant request MN COLA has submitted to Lessard -Sams Outdoor Heritage Council for funding next year. If the grant is awarded it would be available for three years starting July 1, 2014. A sizeable amount of money is being asked for. The Lessard -Sams Outdoor Heritage Council is one of the legacy funds that receive tax -payer dollars that voters authorized to protect the heritage of clean water and the arts as well as many other things. The Lessard -Sams Outdoor Heritage Council has a focus on the prevention, protection, restoration and enhancement of wildlife preservation areas, fishing habitat and many more things. MN COLA thought that would be the appropriate place to go for one -time funding for aquatic invasive species (AIS) activities. The grant funding, if approved, would be for decontamination equipment Statewide. There are 2,000 public boat accesses in Minnesota. There are approximately 800,000 registered boaters. There are about 163 lakes in Minnesota that are now declared infested with zebra mussels. In the Last six weeks three additional chains -of -lakes have been added to that. It appears zebra mussel infested lakes will increase significantly very quickly. There are currently 27 decontamination units available. On behalf of the State and specifically on behalf of local government units, tribal government units and the Minnesota Department of Natural Resources (DNR) MN COLA is asking for money from the Lessard -Sams Outdoor Heritage Council to make decontamination equipment available throughout the State. The MN DNR Commissioner believes that people need to take personal responsibility and make sure their boats are clean when entering a new body of water. MN COLA's proposal is to place 227 more decontamination units around the State. One hundred of them would be placed at high- volume public access sites and the other 127 would be shared in more regional locations. MN COLA is asking a variety of cities, counties and environmental groups around the State for letters of support. MN COLA is presenting its case to the Lessard -Sams Outdoor Heritage Council on September 3. Councilmember Sandberg noted she fully supports submitting a letter of support. She suggested adding to Shorewood's letter of support a statement about Shorewood having taken responsibility to conduct inspections for AIS at one of the lakes in Shorewood. Mr. Shneider noted he agrees with Councilmember Sundberg's suggestion. He stated the City has been a leader in this area. Councilmember Woodruff stated although this has nothing to do with inspections the City can blow its own horn in the letter. Councilmember Woodruff stated he would have difficulty with having the City's name on a letter of support without knowing what it is supporting. Normally Council would have been provided with more detail. He then stated there is controversy about the effectiveness of sprayers. He went on to state he is reluctant to put his name on the letter of support because he is not sure what is being asked for, how it will be used and who will manage it. Mr. Shneider stated he has all of the details Councilmember Woodruff is talking about if Council wants them. He noted the grant request is for $25 million; one fourth of what the Lessard -Sams Outdoor Heritage Council gives out each year. He also noted that to date not a single dollar has been given out for AIS. MN COLA's proposal indicates that the DNR would be responsible for managing the process. If MN COLA were to receive a grant it would only be given out if local government units, tribal CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 5 of 18 government units and/or the DNR would request funding and meet a set of criteria that have been outlined in the proposal. Councilmember Woodruff stated based on the September 3 presentation date there is no opportunity for Council to look at the detail before considering a letter of support. Councilmember Siakel questioned the need for that level of detail. She stated Council is just being asked to support a request for grant funding to help the Councihnembers and the City manage AIS. She can't see a reason not to support that. She agreed with enhancing the draft letter of support. She applauded Mr. Shneider for his continued efforts. Siakel asked Mr. Shneider what he means by a decontamination station. Mr. Shneider explained there are two kinds of decontamination units in the proposal. One is high volume decontamination unit that can handle about 50 boats per hour. That is the type of unit they have out west at Lake Tahoe and other places. The regular decontamination unit can only handle a much lower volume of boats; it does have a significant capability to keep water hot (at least 140 °) and flowing for a certain amount of time. The units are self - contained and recycle the water. The heat is what kills the zebra mussels. The pressure is just to get the shells off. Councilmember Hotvet stated she fully supports submitting a letter of support. She applauded Mr. Shneider and Mr. Yelsey for bringing issues to Council. Councilmember Sandberg clarified that Council is not being asked to review the proposal. It will not be the reviewing body. Council is being asked to look at this in principal; is it in agreement with the objective and the mission. The authorizing agency has the responsibility to analyze the proposal in detail and make the decision about funding. She then clarified her suggestion to add to the draft letter of support a statement that the City has under taken some efforts in this regard was not to toot the City's horn. It is about making the point that the City understands how important this issue is for the waterways. She reiterated her support for this. Councilmember Woodruff noted that he will vote against submitting a letter of support when it is considered later on the agenda even though he hates to do that. Should a member of the media ask him what he approved he could not tell there. Mayor Zerby noted this can be considered under New Business. Mayor Zerby thanked Mr. Shneider for the great job he does for the community. He also thanked him for coming at the last moment. �Illi31 to 4, 1 O IN lell!1 None. 6. REPORTS AND PRESENTATIONS A. Report on Lake Minnetonka Conservation District Activities by Representative Mark Sylvester CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 6 of 18 Mayor Zerby noted Mark Sylvester, the City's representative on the Lake Minnetonka Conservation District (LMCD) Board, is present to provide an update on LMCD activities. Mr. Sylvester explained the LMCD Board considered two budget options for 2014. Option 1 funded the LMCD status quo. Option 2 included some funding for the herbicide treatment of aquatic invasive species (AIS) in Lake Minnetonka. The Board approved Option 1. He voted for Option 2 based on direction from Council. IIe noted he was disappointed Option 2 was not approved because Option 1 does not include funding for herbicide treatments in 2014. He commented that maybe the 2015 budget will include funding for herbicide treatments. Mr. Sylvester stated a few weeks ago a representative from the Minnehaha Creek Watershed District (MCWD) made a presentation to the LMCD Board about water quality in Lake Minnetonka. It took a number of items into consideration when assessing the quality. The finding is from 2010 to 2012 there was minimal impact on the water quality. Councilmember Siakel asked how many years ago zebra mussels entered into Lake Minnetonka. Mr. Sylvester stated it was three years ago. Siakel asked if anything is being done to track the impact of the mussels being in the Lake. She noted her property fronts the Lake and she has observed changes in the Lake. Mr. Sylvester stated he is not sure and noted it is an area that has been underserved. Councilmember Woodruff stated tracking the impact of zebra mussels in Lake Minnetonka is a multi - agency task. The Minnesota Department of Natural Resources (DNR) and the MCWD both track water quality and the location of the zebra mussels. The LMCD is just peripherally involved in that; it's not the LMCD's area of expertise. Mr. Sylvester clarified the LMCD is not pursuing tracking the impact of zebra mussels. It does get involved with decontaminations and inspections. Councilmember Woodruff stated many months ago there was discussion about the LMCD outsourcing harvesting of Eurasian Watermilfoil (milfoil) in Lake Minnetonka. He asked if the LMCD Board is looking into that. Mr. Sylvester stated it is being looked at but very slowly; it is on the list of things to do. Mr. Sylvester noted that he and a couple of other Boardmembers really want that to be explored at a minimum. Woodruff agreed it is worth investigating. Woodruff stated he has no preconceived notion of who should do the harvesting; he does think harvesting is necessary. Councilmember Siakel noted the question about outsourcing was asked by the representative from the City of Minnetrista about three years ago. Siakel stated there has been adequate time for the LMCD staff to investigate that. Siakel then stated the LMCD Board and staff have made the choice to actively do what has been done in the past (buy harvesters and continue to harvest) without giving much consideration to other methods. Councilmember Siakel thanked Mr. Sylvester for representing the City on the LMCD Board. She noted she thought he does a good job. Mr. Sylvester stated for the last few years Save - the -Lake has focused on funding the herbicide treatment of milfoil. It has also funded buoys /lights on Lake Minnetonka. The funding focus has been shifted to training (e.g., boater training) specific to Lake Minnetonka. Mayor Zerby noted his disappointment about Option 2 not being approved by the LMCD Board. He then noted the third word in the name is conservation and fighting AIS is part of that conservation effort. IIe stated to him it appears there is not much energy being focused on mitigating /managing AIS in Lake Minnetonka. He expressed his frustration about that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 7 of 18 Mr. Sylvester stated there are fourteen LMCD member cities and at times it is difficult to build a consensus about issues like that. B. Report on Lake Minnetonka Communications Commission Activities by Representative Joe Huber Mayor Zerby noted that Joe Huber, the City's citizen representative to the Lake Minnetonka Communications Commission (LMCC) and also Vice - Chair, is present to give an update on LMCC activities. Mr. Huber explained the audit of the LMCC's 2012 finances by the Abdo, Eich & Meyers CPA firm was clean and without exception. The 2012 franchise fee and PEG fee compliance audit of Mediacom by the Lewis and Associates CPA firm found an underpayment yielding an obligation of $18,037 (roughly 3 percent of Mediacom's payments to the LMCC). The greatest source of the underpayment is due to Mediacom understating revenue. Mediacom's incorrect reporting of subscribers as not residing within the LMCC area is another source. There was also an equal number of miscoding of residences (about 3 percent) to the wrong LMCC member city. The residence miscoding could be important when cities withdraw from the LMCC or adopt their own franchise. Progress continues with the franchise negotiations between the LMCC and Mediacom. Happenings within the LMCC may add items to be negotiated to the franchise agreement. When he came before Council on July 8 there was discussion about a resolution proposed by the LMCC member cities of Greenwood and Victoria. The LMCC attempted to address coneenls raised by the member cities that adopted the resolution. The resolution calls for a return of 75 percent of the franchise fees paid by a member city's Mediacom cable television subscribers. The City of Orono submitted a notice of withdrawal from the LMCC. The bottom line is some LMCC member cities want to keep and control a large proportion of the revenue from cable subscribers. During its August 20 meeting the full commission did not adopt a budget for 2014. The budget is based on city membership and it's unknown what cities will remain a part of the LMCC. He assumes that the LMCC in place on January 1, 2014, will be a completely different organization. Regardless of the number of member cities remaining he believes that LMCC revenue will be down significantly. He also believes programming for subscribers will suffer the most from the cuts; programs may even be eliminated. In addition to the Greenwood - Victoria proposal there is also a proposal that calls for cities to hold their own direct cable franchise. The proposals will be reviewed at a full commission meeting that will be held in late September. A number of cities did not state their preferences during the August 20 full commission meeting. His current perspective is that keeping the greatest number of cities in the LMCC might be the best long -term strategy even if it means fewer budget dollars in the short tern. Mr. Huber informed Council that he will not seek reappointment as the City's LMCC citizen commissioner when his current appointment expires. He noted it's his intention to complete his current appointment should Council want him to. He stated serving as a conunissioner has been a valuable experience. He thanked Council for the opportunity. Mayor Zerby noted he has enjoyed working with Mr. Huber on the LMCC and that it has been an extremely interesting time. Mr. Huber's support and guidance have been invaluable. CITY OR SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 8 of 18 Councilmember Woodruff stated he thought Mr. Huber has been extremely helpful. He then stated it would be a big loss to have Mr. Huber leave before his appointment is up. He went on to state he is dismayed by the Lack of clarity about what is going on with the LMCC member cities, noting he assumed Mr. Huber is as well. Mr. Huber noted the cities of Medina, Mumetrista, Orono and Victoria have made their positions clearly known. He stated there are four or five cities that are continuing to support what the LMCC can do for subscriber programming. That leaves close to one half of the member cities that have kept an uneasy silence. Mayor Zerby noted that some of the member cities that have announced their withdrawal are continuing to participate through the end of the calendar year. They have a right to do so because they are still a member of the joint powers organization. Councilmember Woodruff stated there had been discussion about amending the LMCC joint powers agreement (.TPA) to include language about the exit process. He asked if anything is happening with that. Mr. Huber stated he is not optimistic that any changes to the JPA will get approved because all seventeen member cities would have to approve the changes. The JPA has language that states a member city can leave for cause if there is not intent to cure the cause or breach. The language he proposed be added to the JPA would define two years notice as sufficient cause. That would not change the JPA. That clarification is what some of the member cities want. He hopes the language will be taken up during the late September extra full commission meeting. Councilmember Woodruff stated a few months ago this Council resolved that it wanted the City to remain an LMCC member city. He does not think there is a reason to change that. He believes the City's residents get good value. He expressed concern that some of the member cities have no idea what they are biting off by leaving the LMCC and entering into their own individual franchise agreement with Mediacom. He stated that a newspaper article published a week ago indicated that Mediacom has missed two milestones on its commitment to Medina. Mediacom has promised to catch up. Mr. Huber stated he has suggested to the Orono Council in a general meeting that people should be careful of what they wish for. Mayor Zerby stated he hopes the viewing audience of this meeting reaches out to their respective city councilmembers and let them know if they think having the programming in addition to city council meetings available through the LMCC is important to them. Based on what he has heard in commission meetings a lot of LMCC representatives don't know that. PARKS A. Report on the August 13, 2013, Park Commission Meeting Park Commission Chair Quinlan reported on matters considered and actions taken at the August 13, 2013, Park Commission meeting (as detailed in the minutes of that meeting). B. Report on the August 20, 2013, Park Summit Meeting Park Commission Chair Quinlan reported on the August 20, 2013, Park Summit meeting with representatives from the South Lake cities. It was the third meeting of the group. He noted he was not CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 9 of 18 able to attend the meeting but Park Commissioner Edmonson gave him a briefing. He explained a South Lake area map was discussed. It would be used by all the South Lake cities. Glaring omissions on the map were noted (e.g., the Southshore Community Center (SSCC)). There was discussion about the need for cross marketing of various events and a suggestion was made to consult with Arctic Fever coordinators. Shorewood and Tonka Bay have a tab on their websites that will show people what events there are in the South Lake area. There was minimal discussion about placing the recreation director at the SSCC. Councilmember Hotvet asked when the next Park Summit will be held. Chair Quinlan stated around September 19. Councilmember Siakel noted she attended the first couple of Park Summit meetings and she thought they were well organized and brought people together. She then noted the City made a contribution to Excelsior's Music in the Park events and she asked that Council get some feedback about that. With regard to the report on the Park Commission August 13 meeting, Councilmember Woodruff stated he understood Chair Quinlan to be saying the City is doing what it is supposed to do about maintaining Gideon Glen. He read in the agreement between the City and the Minnehaha Creek Watershed District (MCWD) regarding Gideon Glen that the MCWD also has some maintenance responsibilities and that there is supposed to be an annual meeting. Director Brown explained the MCWD has been enlisting the services of Prairie Restoration. Staff has routinely met with them. It has conducted two or maybe three bums of the area. The burns have been permitted so staff reviewed them at that time. There is a pending discussion coming up about the erosion on the trail. Staff fixes the problem at Least once each year. Staff has let trail vegetation take over somewhat in an effort to mitigate some of the erosion until a better solution can be reached with the MCWD. He noted that staff will meet with the MCWD in September regarding Gideon Glen. Councilmember Woodruff suggested someone from the Park Commission participate in that meeting. Councilmember Woodruff stated that during Council's August 12 meeting he brought up the issue of extensive goose droppings in Silverwood Park. Because of that he would never let a child play on the grass there. He asked the Park Commission to talk about how that could possibly be addressed without harming geese. He noted that he has also heard about there being a problem with balls going into the swamp in that Park. He stated it's his understanding that if geese cannot get to water they won't come onto the lawn. Therefore, a little fence around the pond could solve two problems. Chair Quinlan stated there is a lot of shoreline there. He then stated he will place that on a Park Commission meeting agenda. 8. PLANNING A. Conditional Use Permit For Accessory Space Over 1200 Square Feet Applicant: Ben Duininck Location: 22490 Murray Street Director Nielsen explained Mr. Ben Duininck owns the property at 22490 Murray Street. There is a home and detached accessory building (now a studio building) on the property. Mr. Duininck proposes to replace his existing attached garage with a larger attached garage with living space above it. The area of that when combined with the existing accessory building exceeds 1,200 square feet of area. Therefore, he has applied for a conditional use permit (C.U.P.) as required under the City Ordinance. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 10 of 18 The Planning Commission reviewed the application. It meets all of the criteria for that type of permit with one exception. The existing accessory building is too tall on one elevation. The applicant had attempted to prove that the accessory structure was built prior to the City's current zoning requirements were put in place. The applicant has aerial photographs of that. What goes along with that is the applicant has to demonstrate that the structure has some historical or cultural significance. That has proven difficult to do. The applicant originally proposed to remedy that by removing an existing garage door on the east side and filling in the low area to achieve the required 15 feet. The applicant now proposes to grade in front of that and build a short retaining wall in front of it so they can get a lawn tractor in and out of the garage opening. That will accomplish the 15 -foot height requirement as long as the retaining wall is 5 feet out from the building. Nielsen noted the copy of the resolution included in the meeting packet recommends approval of the C.U.P. as presented. Councilmember Woodruff asked if the retaining wall will go along the outside of the shed -like structure. Director Nielsen explained the applicant will fill in against the add-on of the accessory structure. A couple feet high retaining wall will be built out from that leaving a 5 -foot gap between the garage door and retaining wall. Woodruff cautioned against having an earthen berm against a wooden structure. Siakel moved, Hotvet seconded, Adopting RESOLUTION NO. 13 -051, "A Resolution Granting Conditional Use Permit for Accessory Space Over 1200 Square Feet to Benjamin Duininck, 22490 Murray Street." Motion passed 5/0. B. CONDITIONAL USE PERMIT FOR AUTOMOBILE DETAIL SERVICE Applicant: Lucky's Gas Station Location: 24365 Smithtown Road Director Nielsen explained Scott Stevens has purchased the property at 24365 Smithtown Road, formerly the Oasis Market/Marathon Gas building. Mr. Stevens is requesting a conditional use permit (C.U.P.) that would allow him to conduct an auto detailing operation; it will take the place of the car wash facility. That is a simple request because it is considered a lesser use than a car wash. Mr. Stevens and the seller of the property have been commended for getting rid of the nonconforming billboard on the property. That frees up some of what can be done on the property. The applicant is also asking for approval to have outdoor storage and some outdoor seasonal sales of items (e.g., Christmas trees in the winter, plants /flowers in the spring, and possibly a vegetable stand in the fall). He displayed a photograph of a before picture and after clean -up picture of Mr. Stevens' store located in the City of Minnetonka. The outdoor display area at that facility is stacked against the building. It presents a clearer presentation of the property. There are no displays near the pumps. He reviewed conditions of granting the C.U.P. The outdoor sales and display would be limited to the front sidewalk area and stacked no higher than the bottom of the windows. Seasonal sales should be confined to the concrete pad (where the Dairy Queen was going to be), and it cannot take up required parking. Because the Dairy Queen was never built there was a fair amount of parking that was never used. It's anticipated there will be some type of structures associated with seasonal sales. It's also anticipated there will be a desire for some additional low level lighting for seasonal sales. All seasonal sales strictures and lighting would be subject to the review and approval by the Planning Commission. The property is currently subject to a C.U.P. for multiple signage. The signage requirement is they cannot exceed the total allowable area of signage on the property. It gets divided among the various uses. For the extra activities signage would be limited to one per activity and that it fall within the allowable signage area. CITY OF SIIOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 11 of 18 Nielsen noted staff and the Planning Commission recommend approval of the C.U.P. subject to the conditions identified in the resolution. Mayor Zerby noted that the sign for the detailing operation is already up. Councilmember Hotvet stated she thought the property has been vastly improved. Hotvet moved, Woodruff seconded, Adopting RESOLUTION NO. 13 -052, "A Resolution Granting Conditional Use Permit to Shorewood Center LLC dba Lucky's Station #7." Councilmember Woodruff agreed this is an improvement to the City. He wished Mr. Stevens' well. Motion passed 5/0. C. Site Plan Review Applicant: Robert Shaffer (Smith Residence) Location: 448 Lafayette Avenue Director Nielsen explained that Robert Shaffer has submitted plans on behalf of Dale and Sylvia Smith for expanding their nonconforming home on their property located at 448 Lafayette Avenue. Almost all of the homes on the peninsula are substandard based on the current zoning requirement. In 2012 Mr. Shaffer submitted plans which were approved for the expansion of a nonconforming house across the street within the confines of the current zoning requirements. For the Smith property, Mr. Shaffer has again worked totally within the buildable area of the lot for the expansion of the home. The amount of hardcover on the Smith property will be reduced by approximately 4 percent to 34.2 percent. It will continue to be over the 25 percent limitation required in the R -1A/S, Single- Family Residential/Shoreland district. He highlighted the site plan for what is being proposed as well as the architect's renderings. He explained that during the Planning Commission's discussion the issue of there being two docks on the property was raised. An aerial photograph from May 1956, which predates Shorewood's existence as a city, shows two docks on that property. Therefore, the property owners do not have to remove one of the two docks. Nielsen noted the Planning Commission did recommend approval of the site plan. Sandberg moved, Hotvet seconded, Adopting RESOLUTION NO. 13 -053, "A Resolution Approving a Building Permit to Add On To a Nonconforming Structure at 448 Lafayette Avenue." Mayor Zerby thanked Director Nielsen for the good job on this. He also thanked Mr. Shaffer for the good job he did fitting the expansion into a small space. Motion passed 5/0. 9. ENGINEERING /PUBLIC WORKS 10. GENERAL /NEW BUSINESS CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 12 of 18 A. Uniform Animal Ordinance Administrator Joynes explained the meeting packet contains a copy of Uniform Animal Ordinance that was endorsed and recommended for approval by the South Lake Minnetonka Police Department ( SLMPD) Coordinating Committee. The Ordinance has been under development prior to when he started working for the City about one and one half years ago. The document has been reviewed by at least three or four attorneys, a number of elected officials and city administrators /manager. Mayor Zerby has graciously attended a number of meetings to discuss the Ordinance over the last year. After all of that discussion and review there is still skepticism that the four SLMPD member cities will approve it. The endorsed and recommended Ordinance establishes a core document to deal with nuisance animals and create consistency among the SLMPD member cities. The base document conforms to state law when dealing with nuisance animals. There are things in the Ordinance that may conflict with the individual cities ordinances. In order to address issues unique to each member city a city can append requirements specific to its community. For Shorewood an example would be that the group agreed to limit the number of dogs allowed to two while the Shorewood currently allows for more than two dogs under a kennel ordinance. Shorewood may want to address that under a multiple dog license in the appendix. Joynes clarified that staff is not asking Council to approve the Ordinance this evening. Staff will convert the core document to the City's ordinance format, including the appendices to deal with the inconsistencies with the City's current ordinance, for Council's consideration at a future meeting. He noted staff recommends the core document be approved after being converted to the City's format. He also noted that one of the attorneys involved in this process is recognized Statewide for being the expert in these types of issues with nuisance animals. Councilmember Woodruff stated there are many things in the core document that he really likes and he likes that it has been vetted by an expert. He commented he thought that about a year ago the Planning Commission spent a great deal of time looking at the City's animal ordinance. He stated the City allows non - venomous snakes; the core document bans snakes period. He also saw a number of other inconsistencies. He recommended the Planning Commission review the core document to identify the differences between it and the City's current ordinance. Mayor Zerby stated the Planning Commission has enough to do. Staff can identify the differences. The appendix idea is to specifically address the differences. He recommended adopting the Uniform Animal Ordinance sooner versus later. The SLMPD serves the four member cities and it also serves the cities as an animal control agency. He stated to have four ordinances with different nuances for the SLMPD to enforce makes no sense to him. He noted the SLMPD started with a very good boiler plate. Administrator Joynes noted a lot of Greenwood's animal control ordinance was brought forward into the Ordinance. Zerby stated this is a mechanical task for Council; staff can identify the differences between the two ordinances. Councilmember Woodruff expressed agreement that there is an overarching set of things in the core Ordinance that the City should adopt. He also agrees with making it homogeneous with the other member cities. He supports having staff identify the differences. B. Policy on Issuance of Revenue Bonds to Finance Projects within the City's Service Area Director DeJong explained the City has been approached by Kennedy & Graven, Chartered (the City's regular bond counsel) to assist in financing a project called. The Legends at Hazeltine Senior Living CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 13 of 18 Community. That was moved forward based on staff's initial review of the project. There is a public hearing on this scheduled for September 9. A member of the Kennedy & Graven firm will be present for the public hearing to talk about the details of the project. He noted that he had placed a copy of a memorandum he received earlier in the day from John Utley with Kennedy & Graven at the dais regarding the financing details of the project. Staff could not find a City policy related to how the City would be interested in participating in these types of deals as a standard practice. He noted the City has previously participated in at least one other deal of this type and it was for Mt. Olivet Rolling Acres; it has a group home in the City. The City was part of a joint powers agreement and lent its bonding authority to some remodeling on that and other projects it did in 2000. DeJong asked Council if it would like staff to draft a policy for participating in these types of deals. There are a number of other cities that have policies. Or, the City could consider requests on a case by case basis. He clarified that these types of deals are not limited to housing deals. Councilmember Hotvet asked if any of the projects done in 2000 were located in the City. Director DeJong responded there is a facility in the City and it is located along Birch Bluff Road. She noted she likes the idea of doing these types of deals. Councilmember Woodruff thanked Director DeJong for getting the letter from Kennedy & Graven. He stated from his perspective the policy should be to have staff inform Council of things like this request prior to publishing a public hearing notice for it. He noted that he received strong feedback from a few people about their concerns about financing a development in the City of Chaska. Attorney Keane clarified the City would not actually be financing anything. He explained there are pools of bonding capacity allocated. The City is being asked to be a conduit to contribute a part of its allocation to the pool. Chaska will be the issuing authority. If Shorewood had a project to which the allocation applied there would be something to talk about with regard to giving up that capacity. As a conduit the City is not at risk; it is not a back stop in any financial measure. Chaska, the issuing authority, will be responsible for ensuring the surety that backs up the bond. Councilmember Woodruff stated that explanation did not help the resident who called him wanting to know what the public hearing was about. He then stated Attorney Keane's explanation is a little different than what was included in the meeting packet. He went on to state it's his understanding that Shorewood would issue the bonds and loan the money to the authority. The bonds would be payable by the authority. There would be no recourse to the bond holders by Shorewood. He reiterated his desire for Council to hear about such requests before there is notification of a public hearing published. He stated the City peripherally participated in a similar deal about for years ago for the major remodel of the Excelsior Covenant Church. The City of Deephaven and the Church asked the City to adopt a resolution expressing its support for the activity. Shorewood did that. Councilmember Hotvet stated she thought it would be a good idea to consider projects in Shorewood. C. Adoption of the Preliminary 2014 General Fund Operating Budget and Tax Levy Administrator Joynes stated the preliminary 2014 General Fund Operating Budget reflects a 3 percent increase. The budget was again discussed in the work session immediately preceding this meeting. Council can either adopt the preliminary budget and tax levy this evening or it can do so during its September 9 meeting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 14 of 18 Woodruff moved, Adopting RESOLUTION NO. 13 -054, "A Resolution Adopting the Preliminary 2014 General Fund Operating Budget and Property Tax Levy" per the amended resolution which sets the Budget at $5,594,687 and Levy at $4,906,218. Councilmember Woodruff commented that the levy is not to exceed levy of 3 percent. Council has until December to finalize the levy and budget. Zerby seconded. Motion passed 510. D. Selection of Truth -in- Taxation Public Hearing Date Administrator Joynes explained per state law the City needs to set the date for the Truth -in- Taxation hearing date. The hearing allows the public the opportunity to comment on the 2014 budget as proposed. There are limitations as to when the hearing can be held. The copy of the resolution included in the meeting packet sets December 2, 2013, as the date for the Truth -in- Taxation hearing with a follow -up hearing, if needed, and budget adoption during the December 9, 2013, Council meeting. Siakel moved, Sundberg seconded, Adopting RESOLU'T'ION NO. 13 -055, "A Resolution Selecting the Truth -In- Taxation Public Hearing Date." Motion passed 5/0. E. Consideration of Letter of Support for the Minnesota Coalition of Lake Associations' Grant Request from the Lessard -Sams Outdoor Heritage Council Mayor Zerby noted that under matters from the floor Joe Shneider, a vice president in the Minnesota Coalition of Lake Associations (MN COLA), asked Council to write a letter of support from the City of Shorewood for a grant request MN COLA has submitted to Lessard -Sams Outdoor Heritage Council for funding next year. The grant funding, if approved, would be for aquatic invasive species (AIS) decontamination equipment Statewide. During that considerable discussion it appeared there was support for doing that from some of the members of the Council. Councilmember Woodruff stated during that discussion he expressed he did not want to put his name on such a letter because Council did not have details about the grant request other than what Mr. Shneider verbally provided. Council does not even know how much money the grant request is asking for other than the $25 million Mr. Schneider said it was. He reiterated his reluctance to put his name on a request that he has no personal knowledge of He noted that he will abstain from taking action on this. He stated it's probably a good idea. Councilmember Sandberg reiterated that she does not view Mr. Shneider's request for a letter of support as a request for a detail review of MN COLA's grant request. She views Mr. Shneider's request as one for a statement of support for MN COLA's mission to stop the spread of zebra mussels and other AIS. She noted she supports that mission. She stated she hoped Council, representing the City, could add a more support because it would help the City and the lake community. Mayor Zerby stated the draft letter of support states "We support the MN COLA grant request proposal for Statewide AIS Facilities and Equipment which would provide one -time capital grants for local governments." Councilmember Woodruff challenged anyone on Council to explain what that statement means. He reiterated should a member of the media ask him what he advocated he could not tell them. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 15 of 18 Sundberg moved, Hotvet seconded, sending a letter of support for Minnesota Coalition of Lake Associations' grant request to Lessard -Sams Outdoor Heritage Council for funding for aquatic invasive species (AIS) decontamination equipment Statewide and including in the draft letter of support provided a statement about the City of Shorewood acknowledging the importance of the issue and that Shorewood has undertaken some efforts of its own. Motion passed 4/0/1 with Woodruff abstaining. 11. OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Monthly Financial Report Mayor Zerby noted that a copy of the July 2013 General Fund Monthly Budget Report is included in the meeting packet. 2. Southshore Center Advisory Committee Update Mayor Zerby stated the Southshore Center Advisory Committee (SCAC) is going to meet for the third time on August 27. He explained that the SCAC has been provided various options for funding adult programming at the Southshore Community Center (SSCC) or using the SSCC in the park system to a greater extent or using it for community education services. There has been no clear direction from the majority of the five cities who co -own the SSCC building. To him it appears that some of the cities are willing to work with Shorewood going forward and others may be stepping back. From the beginning all five cities did recognize that the SSCC was a joint effort; it is not Shorewood's responsibility alone. There has been some good communication between the SCAC members and their respective City Councils. Progress is being made quickly albeit by baby steps. Councilmember Sundberg noted she is impressed by the communities being very forthright during discussions. She stated regardless of the cities' decisions Shorewood will be in a much better position of how to move forward. 3. Update on 5795 Country Club Road Attorney Keane stated the City has entered into a purchase agreement for the City -owned property located at 5795 Country Club Road. The sale is pending so the terms of the sale cannot be disclosed. He noted the property has not been on the market very long. The offer on the property is close to or possibly a little more than the asking price. 4. Update on Trail Projects Mayor Zerby noted that just prior to the work session this evening there was a ribbon cutting ceremony for the Country Road 19 Sidewalk/trail project. The sidewaWtrail connects City Hall, Badger Park and the Southshore Community Center to the Lake Minnetonka LRT Trail and the Tonka Bay Manitou Park. The Trail Committee had identified that segment as the top priority. He thanked Council and staff for its support. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 16 of 18 Engineer Homby provided an update on the Smithtown Road (west) sidewalk project. The storm sewer work should be completed this week. Grading work will begin after Labor Day on the west side. Work on the retaining walls on the west end of the project area will begin this week. People will not notice the retaining walls unless they venture down into the wetland area and look back at the sidewalk. Some of the mailboxes will be permanently relocated this week. Some residents on both the north side and the south side of the roadway will be affected. Some residents on the north side have mailboxes on the south side. More residents on the south side have mailboxes that will be moved to the north side. Door hangers will be hand delivered tomorrow telling residents that will occur. Staff has spoken with the postmaster and will send a list of mailboxes that will be moved. Councilmember Woodruff asked if the door hangers will be the first time residents will be informed that their mailbox will be relocated. Engineer Homby explained staff has been very public about moving mailboxes in the public information meetings about the project. It has been posted on the City's website. Engineer Homby noted the mailboxes cannot remain on the south side. It would have required the City to need more right -of -way. Mayor Zerby asked when sidewalk will start looking like one. Engineer Homby stated when grading and filling begins. Engineer Homby stated the contractor has notified him that grading in the area near the school will be avoided the first week of school. Director Brown stated Council approved a sidewalk project. The project is actually a stormwater project and the construction of the sidewalk is a mere concrete ribbon that will be put in at the end. Councilmember Woodruff asked what the new completion date is for the project. Engineer Homby stated staff will have a project change order on the September Council meeting agenda. He noted this project has been very difficult. He explained utilities and other obstacles required some redesign. As a result of some of those unknowns that were encountered the contractor has requested an extension of the date to complete the work in front of the school; that will be the end of September. That change will be part of the change order. Staff believes the date change is reasonable. He noted he will ask the contractor to provide an updated schedule during a meeting on August 29. 5. Apple Road Update Engineer Hornby explained during its July 22 meeting staff provided Council with an Agreement for the Easement and Maintenance Declaration for the Apple Road Creek Restoration project area. Council expressed concerns about the maintenance requirements stipulated in the Agreement. Staff has spoken with the Minnehaha Creek Watershed District (MCWD) and has learned that the maintenance applies after the plantings have been put in. It includes weed maintenance over a three year period and watering the plantings if needed. MCWD has indicated the maintenance requirements are key to moving the project forward. He stated he can bring the Agreement back for Council's consideration during its September 9 meeting. He noted it's late in the year and the contractor is waiting to start the project. If there is a lot of rain this fall it could cause a problem. Mayor Zerby asked if the maintenance of the area can be done with Public Works personnel or would it have to be contracted out. Engineer Homby stated there are companies that specifically do that maintenance work and noted Prairie Restoration is one. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 17 of IS Councilmember Woodruff asked what the City's financial burden will be to contract out the maintenance work. Engineer Hornby stated he will provide Council with that information for its next meeting. 6. Gideon Glen Update Director Brown stated this was discussed as part of the Park Commission meeting report. B. Mayor and City Council Councilmember Siakel noted Council approved the Excelsior Fire Department (EFD) 2014 Operating Budget and 2014 Capital Improvement Program as part of the consent agenda this evening. She thanked Mayor Zerby and Councilmember Hotvet for attending the joint work session of the EFD member City Councils held on August 14 to talk about the budget. Siakel voiced her disappointment about the Budget. She explained some of the EFD employees were short changed. There are only three regular employees — the Fire Chief, the Fire Inspector and the Administrative Assistant. Despite numerous years of asking for support for bringing employees up to pay equity, that has not happened. The net increase of what was asked for as a compromise was not very significant (a few hundred dollars for some of the EFD member cities). A process was put in place to assess the salaries. The members of the EFD Board agreed to salary increase recommendations. At the last minute some Boardmembers changed their mind, caved or were bullied. Siakel stated the Fire Department delivers incredible service to the five communities. She expressed she is embarrassed that member cities would not support making things right for the EFD staff. She explained that as a result of this year's process there is agreement to make sure that established salary ranges are used as a guide to help ensure salaries are made equitable. Hopefully member cities will make good on what was agreed upon for increases for the Fire Chief and Fire Inspector for the next four years (2014 — 2017). She noted she will make sure Shorewood's voice is heard during the 2015 budget process. Siakel noted the five member cities are at risk long term in preserving the current EFD employees and the service that is provided by a volunteer department. Shorewood has been supportive of that. She stated if she were a member of the Department or a volunteer firefighter for the Department she would think there are morale issues that need to be addressed. The member cities need to put their money where their mouth is. She noted that the member cities should be embarrassed for not doing what is right for high quality employees and firefighters. Mayor Zerby expressed his concurrence with what Councilmember Siakel said. Councilmember Hotvet expressed her disappointment with the outcome for salary increases and noted she is also embarrassed about it. She noted the Fire Inspector continues to be paid very far below the minimum of the salary range for fire inspectors. She stated the Department has quality, dedicated people who keep the communities safe. The results of Shorewood's resident survey indicated that the number one priority for residents is safety. She then stated she thought some of the member cities made a huge mistake in not wanting to correct the substantial inequities in salaries. She asked those who pushed for the lower salary increases if they typically post a position at a salary that is well below the market minimum. She stated the quality of applicants would likely be far below that of the current staff. F�,11oil 141111901 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 26, 2013 Page 18 of 18 Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of August 26, 2013, . at 9:02 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Sgo tZerby, Mayor ATTEST: Jean Panchyshyn, City Clerk