Loading...
12-09-13 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 9, 2013 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:01 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 Administrator Joynes asked that Item I O.A Proposed 2014 Contract for Public Works be removed from the agenda. He has not heard back from the union yet. Councilmember Woodruff asked if that will be an issue for the City going into the new year. Joynes responded no. Woodruff moved, Siakel seconded, approving the agenda as amended. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, November 25, 2013 Hotvet moved, Sundberg seconded, Approving the City Council Work Session Minutes of November 25, 2013, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, November 25, 2013 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of November 25, 2013, as presented. Motion passed 5/0. C. City Council Special Meeting Minutes, December 2, 2013 Woodruff moved, Sundberg seconded, Approving the City Council Special Meeting Minutes of December 2, 2013, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Hotvet moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 2 of 15 B. Authorize Appointment of Public Works Light Equipment Operator C. Adopting RESOLUTION NO. 13 -079, "A Resolution Assessing Water Connection Charges Against 27010 Edgewood Road." Councilmember Woodruff asked if it is still staffs intent to draft a special assessment policy. Director DeJong stated that would be brought back at a future Council meeting. Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 6 a 818 0[aII0VQ R1►[!f None. 6. REPORTS AND PRESENTATIONS A. Report by Representative Mark Sylvester on Lake Minnetonka Conservation District Activities and Recognition of Service Mayor Zerby noted that Mark Sylvester, the City's representative on the Lake Minnetonka Conservation District (LMCD) Board, is present to give a report on LMCD activities. Mark Sylvester noted the LMCD has moved its office to the City of Mound's old city hall building. Mr. Sylvester stated the LMCD has completed its 2013 aquatic invasive species (AIS) watercraft inspections program. He explained that for incoming inspections 4041 boats were inspected. Of those, 13 percent did not have the drain plug removed from the watercraft. And, 5 percent had some type of AIS on the watercraft or trailer. For inspections of watercraft exiting the lake just under 2000 watercraft were inspected. Of those, 22 percent had some type of vegetation on them. Mr. Sylvester then explained that Save the Lake put on a pilot boater water safety educational program during November. Nine children and six adults participated in the program. Councilmember Siakel thanked Mr. Sylvester for his service to the City by serving on the LMCD Board for the last two years. She noted that he had decided not to apply for another term. She asked him if he would be willing to attend the first couple of LMCD Board meetings in 2014 until the City can find a replacement for him. Mr. Sylvester stated he would do that. Councilmember Hotvet asked if the boater safety program will become a permanent program. Mr. Sylvester stated there is consideration being given to having the program again in 2014. The permanency of it is still under discussion. Councilmember Siakel asked Mr. Sylvester if he plans to remain a member of the Save the Lake Committee. Mr. Sylvester stated he has not thought about that. Mayor Zerby stated he is sorry that Mr. Sylvester has decided not to reapply. He noted that he was pleased with the service Mr. Sylvester gave to the City. He expressed his gratitude for Mr. Sylvester CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 3 of 15 offering to help out until a replacement can be found. He stated it will be challenging to find a replacement as qualified as Mr. Sylvester. He then stated that from his perspective the benefit the residents in the community get with regard to maintaining Lake Minnetonka is not worth the cost to administer the LMCD. The LMCD is too small of an organization to deal with one lake. Eurasian Watermilfoil harvesting could be contracted out and alternatives could be found for dock inspections at a lower cost. He expressed dissatisfaction with what he terms the value proposition the LMCD is. Mr. Sylvester stated the LMCD has challenges ahead of it in terms of herbicide treatment of AIS in the Lake and harvesting. There is a question about how the LMCD fits in to the equation of AIS in the Lake. It is a complicated question and there are no clear answers at this time. The LMCD is one of a couple of agencies that have an interest. It is questionable if the LMCD will want to play a role in inspections in 20114. The LMCD has served as the project manager for inspection programs in the past. The LMCD got into that when it tried to stop zebra mussels from getting into the Lake. Unfortunately, that did not work out very well. On behalf of the Council and the residents of Shorewood, Mayor Zerby thanked Mr. Sylvester for his two years of service as the City's representative to the LMCD Board and presented him with a plaque of appreciation and recognition. 7. PARKS A. Badger Park Field Improvements Director Nielsen explained that during its last meeting the Park Commission listened to representatives from WSB & Associates present a second preliminary design for Badger Park. Staff had prepared a concept plan for that and it was forwarded to WSB so that representatives could begin to prepare a preliminary design. WSB's landscape architects recommended considering a couple of modifications to the concept plan. WSB presented two concepts — Design Concept 1 and Design Concept 2. Concept 2 is basically the concept plan that had been approved. Concept 1 does not require rotating the play field. It would be moved slightly to the south in order to increase parking to the north. There would be an increase of approximately 40 parking stalls. Concept I rotates the play field to east /west orientation and there would be an increase of approximately 35 stalls. The Commission has recommended going with Concept 1. The Commission likes the idea of not having to rotate the orientation of the play field because it would be costly. It thought the relationship between the Park, City Hall and the Southshore Community Center (SSCC) would be served by either Concept. Nielsen stated staff suggests Council discuss the two Concepts during a work session in 2014; perhaps the first meeting in January. He noted that by that time staff should have cost estimates to implement each Concept. The City would also have a proposal from WSB for survey work and soil exploration for the property. Councilmember Woodruff noted that he likes Concept Councilmember Siakel stated Coneeptl is something that could be built upon (e.g., the parking stalls on the north end of the play field and the picnic area). Overall, it looks good to her. In response to a question from Mayor Zerby, Director Nielsen explained there is a shelter with restrooms located in the center of the area surrounded by the picnic area, the two play areas and the village green area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 4 of 15 Director Nielsen stated this evening staff is looking for Council direction to proceed with Concept 1 or Concept 2. Or, for direction to put this on a Council work session agenda for further discussion with the understanding that cost estimates would be available as would the proposal from WSB for the survey and soil work. Administrator Joynes suggested waiting for cost estimates before discussing this again. Mayor Zerby expressed his preference for Concept 2 because it has the picnic shelter located closer to the SSCC. He stated even with Concept 2 it would be a substantial distance to bring food that was prepared in the SSCC to the picnic area. Councilmember Siakel concurred with that last statement. She asked if the picnic area could be moved a little closer to the SSCC even if it means a loss of some of the increase in parking on the north end. Mayor Zerby stated he would like the picnic area to be located closer to the SSCC. Councilmember Woodruff stated that one of the things he likes about Concept 1 is the shelter with restrooms and picnic area would be closer to the play areas. He then stated having someone use the SSCC kitchen to prepare food for a picnic would be a major logistical challenge. Mayor Zerby clarified he was talking about having the event catered. Woodruff stated he thought it beneficial to talk about moving the shelter and picnic area up toward the northwest corner of the sports field. Administrator Joynes reminded Council that people are still waiting for Minnetonka Community Education (MCE) to submit a plan for the use of the SSCC. He noted the SSCC kitchen will require a substantial upgrade to function as it has been. He stated he thought it prudent to coordinate making the two decisions together. He questioned if the plan from MCE will be available in time for a January work session. He stated he assumes that by late winter or early spring the City will have the necessary information about costs and the plan from MCE. Councilmember Hotvet asked if Council has to approve one of the Concepts before moving forward with the soil exploration. She then asked if soil exploration can be done when it is so cold. Administrator Joynes stated he thought the soil exploration could be done independent of making a selection. Hotvet suggested getting that work out of the way. Administrator Joynes stated Badger Park could be placed on a January work session agenda for discussion about the two Concepts. Staff will come up with recommendations for interim steps by then that could be done while waiting for the interim steps. Councilmember Woodruff suggested staff bring back more tangible information on costs with a focus on Concept 1, noting that the location of amenities can be moved around. Councilmember Sandberg stated she agrees with Councilmember Woodruff s suggestion. She then stated by January maybe there will indication of what plans are developing for the SSCC. She suggested keeping a holistic view of things. She noted she is not concerned about delaying this to January or February. Mayor Zerby stated he understands Council to want to have a work session in January. He then stated that he also wants to see cost projections. He noted that he thought the Park Commission has done a good job on this. He suggested that at this time it is up to Council and staff to move this forward. 8. PLANNING A. Report on the December 3, 2013 Planning Commission Meeting CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 5 of 15 Director Nielsen reported on matters considered and actions taken at the December 3, 2013, . Planning Commission meeting (as detailed in the minutes of that meeting). B. Summit Woods Planned Unit Development Conditional Use Permit — Concept Stage Applicant: Homestead Partners Location. 23040 Summit Avenue Mayor Zerby stated the meeting packet contains a copy of a resolution denying the Summit Woods Planned Unit Development (PUD) concept plan per the recommendation of Council during its November 25, 2013, meeting. Zerby explained that at this time discussion will be between Council and staff. Public comments will not be heard during this part of the process. It will be up to Council to decide if they want to have any clarification from the public later on. Director Nielsen stated per Council's direction staff prepared a resolution including findings of fact for Council's consideration. Council has to take action on the concept plan by about January 10 or the middle of January. If no action is taken this evening a special meeting may have to be called to take action in order to adhere to the 60 day /120 day rule. He noted that this resolution is based on the material in the staff reports and largely on the Planning Commission's recommendation to Council. Council's comments from the last meeting are also reflected in it. Councilmember Siakel noted that she appreciates that people again took the time to participate in meetings on this item. She then noted her perspective on this item has not changed since the November 25 meeting. She stated she views her job as a member of the Council is to act in the best interest of Shorewood and the residents of Shorewood. Council needs to follow the law and abide by the policies and procedures the City has in place. The residents live in a nice community because of past members of Council and Planning Commissioners who helped develop the City's Comprehensive (Comp) Plan. They also did a great job of putting in place policies and procedures that have been followed. She noted she has emphasized the three roles she has as a member of Council. She stated that she will not support the resolution denying the PUD concept plan because doing so does not support any of those three things. Doing so would not conform to the policies and procedures that are in place. It would also be saying no to City staff. She noted that the City's Planning Director has more than 30 years of experience. She stated she recollects a number of PUDs that have been constructed in Shorewood. One of them is located close to her home. She is not aware of residents complaining about the developments after the fact or of any moving out of Shorewood because of they were dissatisfied with the results. She explained that using a PUD as an instrument gives the City an opportunity to help control what is developed and what happens in Shorewood. She clarified that she understands there may be impacts environmentally that have not been discussed in depth. She stated from her perspective the conservation easement is a huge benefit and it supports the Comp Plan. She believes that has been trivialized to some degree. She then stated that supporting the denial is not conforming to the City's guidelines and what the City has set forth. She expressed skepticism that denying the PUD concept plan would be defendable if legal action were to be taken. She stated that right now those in opposition to the concept plan make think they have one a battle. But, ultimately there will be costs of a war. She thinks they will be paid for financially and environmentally. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2023 Page 6 of 15 She reiterated she will not support the resolution denying the PUD concept plan. She noted that she respects that the residents in the neighborhood have come together to express their concerns in unity. But, she has to act in the best interest for Shorewood going forward. Councilmember Hotvet asked Attorney Ikeane if everything the developer is asking for is in compliance with the City's Zoning Code. Attorney ICeane explained the application on file processed as a PLJD with the findings required under a conditional use permit (C.U.P.) as presented by Planning Director Nielson do satisfy the requirements for approval of that PUD concept plan. In consultation with Nielsen a completely defensible set of findings and conclusions was prepared in support of the City's Zoning Ordinance and Comp Plan. Councilmember Woodruff stated the Planning Commission recommended denial of the PUD concept plan on a 511 vote. He clarified it is up to Council to make the decision. He stated the Commission held a public hearing on this application twice. He then stated in the resolution there is a chronology of meetings listed. It does not list Council's November 25, 2013, meeting when Council first discussed this application. It was during that meeting that Council directed staff to draft the resolution. He asked Attorney IZeane if that is necessary to include. Deane explained listing that meeting is not a requisite recital to the conclusions. Woodruff then stated he continues to firmly support denying the PUD concept plan. There are issues. From his perspective the PUD does not serve the public, clarifying he is not just talking about the neighbors, well enough to justify moving it forward. Councilmember Sundberg stated that Couneilmember Siakel made some very good points about Council's overall responsibility in representing the City as a whole. She then stated the easier thing to do would be to not approve the PUD concept plan. It would be a tougher vote to approve it. She went on to state from her perspective the PUD approach is a very good approach. The City would be getting more for the environment than under any other circumstance for that property. And, there would be less housing than what was originally proposed. If Council adopts the resolution not to approve the PUD concept plan there will be other developers that will come back to build on the property and her concern is their quality will not be as good. The current hopeful builder is excellent and will build to standards that residents want. Sundberg noted that the quality of Summit Avenue is an issue. She stated if the PUD is ultimately approved she asked if the City could move the priority for improvements to Summit Avenue higher on the list. Attorney Keane clarified that in Shorewood the PUD process is a three stage process. The Concept Stage is basically configuration. The next stage the Development Stage is where all of the details of the concept plan are worked out— things like engineering, stormwater management, and site grading. Councilmember Sandberg stated there are significant issues that have to be dealt with. Issues like the substandard roadway and stormwater runoff. She noted the development would have a long way to go before it becomes a reality. Mayor Zerby stated from his vantage point it comes down to density. In addition to the four houses in the PLID concept plan there will likely be another constructed on the top of Summit Avenue. There will likely be two more constructed in the City of Chanhassen and another two to the west of this project in Shorewood. He does not thinking that burdening the neighborhood with one more house on the hill is a good idea. The residents who live in that neighborhood are telling the City it is not a good idea. The value CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 7 of 15 in going with the PUD is not notable and it's not an interest to those residents. He is basing his decision in large part on what he has heard from the residents in that neighborhood and the Planning Commission. Councilmember Siakel clarified that Council is being asked to take action on the resolution denying the PUD concept plan. If it adopts the resolution the PUD concept plan will be denied. If the resolution is not adopted Council is basically saying there are other options. Mayor Zerby stated a yes vote would be to deny the PUD concept plan and a no vote would mean move forward with concept plan. Woodruff moved, Zerby seconded, adopting a resolution denying the Summit Woods planned unit development concept plan. Motion failed 2/3 with Hotvet, Siakel and Sundberg dissenting. Attorney Keane stated it would be appropriate to entertain an alternative motion to approve the findings previously prepared in the earlier staff report or a motion to redirect staff to bring this back with alternative findings would be in order. Siakel moved, approving the PUD concept plan as presented to Council during its November 25, 2013, Council meeting. Councilmember Woodruff stated Council does not have a resolution before it to approve the PUD concept plan. From his point of view Council could direct staff to draft such a resolution and bring it back to Council for a vote. He noted that he does not think Council can approve the concept plan without a resolution in front of it. Attorney Keane clarified it would be totally appropriate to direct staff to draft a resolution approving the PUD concept plan. He explained at its November 25 meeting Council had an application and a recommendation from staff for approval in front of the Council. At that time Council directed staff to prepare findings of denial which were not adopted. Therefore, procedurally Council still has the application and the recommendation for approval in front of it. If Council wants to clarify points that it wants to address with more specificity then bringing back a resolution would be totally appropriate. Mayor Zerby asked if that would require Council to have a special meeting. Director Nielsen stated Council could either a special meeting in advance of the 120 days or the developer could grant the City an extension in writing and a different resolution could be considered during Council's next regular meeting. Councilmember Woodruff stated it's his recollection that the November 25 meeting packet did not include a copy of a resolution. The packet did contain a lot of information. Councilmember Siakel asked if Council has to adopt a resolution in order to approve the PUD concept plan. Attorney Keane stated that can be done by motion. The maker of the original motion withdrew it hecause there was confusion about it. Siakel moved, Sundberg seconded, approving the Summit Woods planned unit development concept plan as recommended by staff during Council's November 25, 2013, meeting. Motion passed 3/2 with Woodruff and Zerby dissenting. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 8 of 15 Director Nielsen stated he thought the applicant has six months to submit a Development Stage application. That will be considered by the Planning Commission first. C. My Car Guy LLC — Interim Conditional Use Permit for South Lake Cycle Applicant: James Steinwand Location: 5680 County Road 19 Director Nielsen explained that during Council's November 25, 2013, meeting Council directed staff to draft a resolution granting an interim conditional use permit (C.U.P.) for a bicycle repair operation for James Steinwand for the property located at 5680 County Road 19. He noted that at the dais this evening Council found a revised resolution to which he had added sales and rental. The resolution in the meeting packet did not include sales and repair. Even though the application just said repair there was enough conversation about those three activities that he thought the resolution should be clarified. Also based on Council's direction the conclusions in the resolution indicate that the plantings on the landscaping plan located directly behind the building are not required at this time and that the rest of the landscaping and the required improvements to the site will be made by June 1, 2014. During the November 25 meeting there was discussion that the applicant would not have to post a letter of credit or cash escrow security until be opens that business. If the applicant does not open the business until June 1 and the improvements are made no security would have to be posted. Sundberg moved, Hotvet seconded, Adopting RESOLUTION NO. 13 -080, "A Resolution Granting an Interim Conditional Use Permit for James Steinwand for the property located at 5680 County Road 19." Motion passed 510. D. REZONE PROPERTY TO R -1C, SINGLE - FAMILY RESIDENTIAL AND CONDI'T'IONAL USE PERMIT FOR ACCESSORY SPACE OVER 1,200 SQUARE FEET Applicant: Colson Custom Homes (representing Jeff and Colleen Johnson) Location: 5015 St. Albans Bay Road Director Nielsen explained that Jeff and Colleen Johnson own the property is located at 5015 St. Alban's Bay Road. The Johnson's propose to demolish the existing house on the site and build a new house with an attached garage and keep the existing detached garage (which is perfectly sound) on the property. The property is located in the R -ID /S, Single - Family Residential /Shoreland District. The R -ID /S district limits accessory space to 1,000 square feet. There is no conditional use permit (C.U.P.) to exceed that. Their property is right on the edge of an R -1 C district. Staff believes it would be logical to extend the R- TC district across the back of the Johnsons' lot to St. Alban's Bay Road and incorporate that lot into the R -1C /S zoning district. The property contains 28,559 square feet of area; the minimum lot size in the R- 1 C district is 20,000 square feet. It is an oversized lot for the R -1 C district. The R -1C district has slightly stiffer setbacks than in the R -ID district. The applicants proposed project will comply with the R -1C /S setbacks which are 35 feet for the front yard, 35 feet for a side yard abutting a street, 40 feet for the read yard, and 10 feet for the side yard. There will be slightly more hardcover after the project is complete then there is now, but it will comply with the maximum restriction. The property currently drains to a landlocked low area on the property southwest of the subject property. The City Engineer recommends some sort of infiltration basin or rain garden on the northwesterly side of the property for this purpose as far away from the landlocked low area as possible. The Engineer also recommends putting gutters on the new house and having them drain toward that detention basin. That would detain the stormwater for a time. It would control both the rate of CITY OF SHOREWOOD REGULAR COUNCIL. MEETING MINUTES December 9, 2013 Page 9 of 15 runoff and it would help control the volume. Ultimately the stormwater would drain to the landlocked area. Nielsen noted that based on the analysis of the case staff and the Planning Commission recommend approval of the rezoning and the C.U.P. Councilmember Sundberg asked why the property is zoned R-11). Director Nielsen explained the subject property was originally platted as two lots each being about 14,000 square feet in size. The two lots were combined. Woodruff moved, Sundberg seconded, Approving ORDINANCE NO. 505 "An Ordinance Amending Section 1201.09 Saint. 2 of the Shorewood Zoning Code, the Shorewood Zoning Map, to Include the Property Located at 5015 St. Albans Say Road in the R -IC /S Zoning District." Motion passed 510. Woodruff moved, Sundberg seconded, Adopting RESOLUTION NO. 13 -081 "A Resolution Granting a Conditional Use Permit for Construction of Accessory Space in Excess of 1200 Square Feet of Area to Jeff and Colleen Johnson, 5015 St. Albans Bay Road." Motion passed 510. In response to a question from Councihnember Hotvet, Director Nielsen explained that all property located within 1,000 feet of the lakes is subject to shoreland restrictions. E. 7:10 P.M. PUBLIC HEARING — CONDITIONAL USE PERMIT FOR ACCESSORY SPACE OVER 1,200 SQUARE FEET Applicant: Bennett and Sharon Morgan Location: 5580 Woodside Lane Director Nielsen explained that Bennett and Sharon Morgan own the property located at 5580 Woodside Lane. The property is zoned R -lA/S, Single- Family Residential /Shoreland. They are in the process of designing a new house for their property. As part of that they propose to create garage space on two levels of the house. He displayed a survey of the existing property which shows where the existing structure is located. He then displayed a copy of the proposed site plan. He also displayed copies of the floor plans which show where the two levels on which the garages will be located. The upper level garage faces northeast and the Lower level garage faces southeast. The total area of that accessory space will exceed 1,200 square feet of floor area that is allowed as a matter of right. Therefore, the applicants have applied for a conditional use permit (C.U.P.) as required. Nielsen reviewed how the applicants' request complies with the four criteria listed in Section 1201.03 Subd.2.d.(4) of the City's Zoning Code for granting this type of C.U.P. 1. The total area of accessory buildings (2,268 square feet) does not exceed the floor area (4,376 square feet — not including basement) above grade of the proposed home. 2. The total area of accessory buildings does not exceed 10 percent of the minimum lot size for the R -LA/S zoning district (.10 x 40,000 = 4,000 square feet). 3. The proposed house and garage comply with R -IA /S setback requirements. 4. The new garage is an integral part of the proposed house; therefore, it will be architectural compatibility with the house. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 10 of 15 Nielsen noted that based on the analysis of the case staff and the Planning Commission recommend approval of the C.U.P. Councilmember Siakel and Councilmember Hotvet stated the design of the house is beautiful. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 13 -082 "A Resolution Granting a Conditional Use Permit for Construction of Accessory Space in Excess of 1200 Square Feet of Area to Bennet and Sharon Morgan, 5580 Woodside Lane.' Motion passed 5/0. 9. ENGINEERING /PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Proposed 2014 Contract for Public Works AFSCME Local 224 This item was removed from the agenda at Administrator Joynes's request. B. Making Appointments to Certain Offices and Positions for 2014 Administrator Joynes explained that because of the scheduling of meetings for January 2014 staff thought it prudent to appoint Council representatives to the Park and Planning Commissions tonight. He noted he consulted with Attorney Keane on this. Councilmember Siakel stated in 2013 she and Councilmember Sundberg served as representatives to the Park Commission and Councilmember Hotvet and Councilmember Woodruff served as representatives to the PIanning Commission. She recommended those be reversed for 2014. She asked if Councilmember Sandberg would serve as the representative to the Planning Commission for the first six months of 2014. Sandberg stated she has no preference. Siakel moved, Woodruff seconded, Adopting RESOLUTION NO. 13 -083, "A Resolution Making Appointments to Certain Offices and Positions within the City of Shorewood for 2014." 1. The following persons are appointed to the following offices and positions: Council Representatives to: a. Park Commission Liaison: January — June 2014: Laura Hotvet July — December 2014: Dick Woodruff b. Planning Commission Liaison: January — June 2014: Kristine Sundbera July — December 2014: Debbie Siakel Motion passed 5/0. C. Council Out -of -State Travel Request CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 11 of 15 Mayor Zerby stated he had discussed with Administrator Joynes the possibility of his attending the Mayors Innovation Project Conference that will be held on January 24 — 25, 2014, in Washington, DC. There are a number of items on the agenda that he thought were pertinent to the goals for the City. He noted that he will not begrudge any member of Council for saying no to his going. The Conference itself is free but there is the cost of airfare, hotel and meals. He stated he estimated the cost to be less than $1,500. If it ends up costing more than that he will make up the difference. He noted that the meeting packet contains a copy of the agenda. Councilmember Hotvet stated Mayor Zerby would be setting a good example of learning about new possibilities and going outside of the bubble. She expressed her support for Zerby attending. Councilmember Woodruff stated the agenda has some really good topics on it. He was somewhat concerned that a lot of it is focused at much larger cities. He noted that he is okay with Mayor Zerby attending the Conference. He stated from his vantage point the challenge Zerby will have is translating what he learns, for example, about Berkeley, California, into something applicable to Shorewood. Mayor Zerby stated he intends to identify applicable things and share them with Council. Hotvet moved, Siakel seconded, approving Mayor Zerby's request to attend the mayors Innovation Project Conference that will be held on January 24 — 25, 2014, in Washington, DC, for a cost not to exceed $1,500. 11. OLD BUSINESS 1i 11IE11y0F1u�zslal1PCUts9al it] 'A A. Administrator and Staff 1. Deer Removal Program Director Nielsen explained that during the 2013 Deer Management Program a total of 41 deer were harvested. That is 10 more than in any other year. The effort went very well again. There were three incidents this year. One was a property owner objected to a bowhunter being on the property next to his. He had words with the bowhunter. The bowhunter called the police; that was what he was supposed to do. The police advised the individual that he was trespassing on the property being harvested. That site was posted as no trespassing. The second incident was related to site 2, a large wetland area on the west end of the City. An individual on Marsh Point peninsula objected to the Program in general and specifically for site 2 and site 1. That individual appealed to the City Council during a council meeting. After hearing the case and feedback from the residents, Council authorized harvesting to be continued on site 2. The third incident was the City received a report about a dog finding a dead deer near Pleasant Avenue in the City of Tonka Bay. The dog's owner called and complained about someone leaving the dead deer there. After investigation, it was determined that the deer had its head removed and it had been gutted. The assumption was the deer had decent antlers on it and someone took the antlers as a trophy. It appeared that someone was going to come back and take the rest of the deer. He noted that it was not one of the bowhumers authorized to harvest in the City. He also noted that the man that made the complaint had nothing but positive things to say about the bowhunters. He stated that incident was reported to the police as a possible poaching incident. Nielsen displayed a copy of a map of the City showing where bowhunters stands were located and the number of deer harvested from each site. (A copy of that map had been placed at the dais.) He explained that this year harvesting was done in a new area in the southeast area of the City. The harvest has always CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 12 of 15 been fruitful on the west side of Christmas. The bowhumers have suggested finding a site south of Galpin Lake Road. No deer were harvested from Freeman Park this year but that could be because of a development project south and west of the Park. Only two deer were harvested from site 2. Nielsen stated the Three Rivers Park District (TRPD) has asked if the City is interested in doing an aerial survey in 2014. He thought it would cost about $1,000 (the same as this year) and he thinks that is what has been budgeted. Councilmember Woodruff stated the result was outstanding while staying within the deer population guidelines the City has established. He supports doing the aerial survey. Councilmember Siakel indicated she supports doing the aerial survey. She noted she appreciated staff providing Council with the map. Councilmember Woodruff asked if the aerial survey could include Enchanted and Shady Islands in the City. Administrator Joynes stated staff will bring this back for approval once the cost is verified 2. AIS Inspections at Christmas Lake Director Nielsen explained the City contracted with Workforce Volt Solutions to conducted inspections for aquatic invasive species (AIS) on watercraft at the Christmas Lake access area in 2013. They performed over 1,500 inspections. Inspectors were there every day from mid -April through the end of October. He does not have the details for how many watercraft were turned away because they had AIS on them. The Christmas Lake Homeowners Association (CLOA) has asked the City to install a pole at the access so it can mount a camera it has already purchased on the pole. The intent is to try and work with Carver County on consolidating the inspection sites. Thee were no complaints from people who had their boats inspected. There was one man who complained that his friend was not able to launch his boat because there was no inspector there. There was not enough information given to research what, if anything, did happen. That man complained about the program in 2012 as well. Councilmember Woodruff asked if the CLHA has settled up with the City financially regarding fees. Director DeJong stated the final invoice has been mailed out. 3. Apple Road Channel Stabilization Project Engineer Hornby explained staff had notified the residents along Apple Road that the work would begin in early December. Staff had been working on scheduling the contractor, getting the permit from the Minnehaha Creek Watershed District (MCWD) and the funding agreement with the MCWD. He noted that last week there was the heavy snow storm followed by a number of days of very cold weather. He recommended postponing this project until 2014. He explained there is a situation on the southern end of the area where the culvert was plugged. It's not known if that was done on purpose or if it occurred naturally. There was a berm overtopped with high water and it created an erosion valley. That happened since this project was started in 2011. . There needs to be some material that is not frozen to put back in there. The contractor is concerned that he won't be able to do as good of a job tying some rock back into the bank because of the frost in the ground. He noted the City will have to reapply for a grant from the Minnesota Conservation Corps. It was going to supply labor for seeding and some five stake planting. He stated staff will solicit quotes for maintaining CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 13 of 15 the vegetation from environmental companies and from a contractor to put those things in place. That would allow staff to compare the costs. He noted that staff will notify the residents that the project has been delayed due to weather. He stated the contractor thinks the City will end up with a much better result if it waits until 2014 to do the project. Councilmember Hotvet asked if there is any possibility that the City will lose grant funds. Engineer Homby noted that the agreement with the Minnesota Conservation Corps expired at the end of 2012. The Corps extended it for 2013. It will not extend it again. The amount of the grant was about 52,400. He stated the Corps has cleared out about a six inch blanket of leaves in the basin area. But, that drove the frost down. Ile noted the City will reapply for the grant for 2014. Councilmember Siakel asked if the project can be a priority for 2014. She clarified she was not pointing the finger at anyone. Engineer Hornby noted this has been a priority for staff. He explained that a lot of back and forth time was spent on the terms of the agreement between Attorney Keane and the MCWD's attorney. Language has been worked out to address most of the City's concerns. That will be brought before Council. Councilmember Woodruff stated it's senseless to try and dig in the frozen ground. He stated he agrees with finishing the project in 2014. Engineer Homby reiterated that if Council is okay with it he will send the residents in that area a letter informing them that the project is being pushed out to next spring. 4. Monthly Financial Report Director DeJong noted that he emailed Council a copy of the October 2013 General Fund Monthly Budget Report earlier in the day. Director DeJong stated he and the Senior Account were in trailing and working on implementation tasks for the new financial system for four days last week. At the end of the week they were able to nun a sample payroll and compared it to reports off of the current system. They also ran a sample vendor payment. Parallel activities will be run at the end of the month and the new system will be implemented at the end of the year. Either Director DeJong stated that based on previous authority given to the Finance Department bills will be paid between now and when Council next meets on January 13, 2014. Those will be reported to Council during that meeting. Mayor Zerby stated it has been a while since staff has updated Council on the Galpin Lake Road trail implementation process. He noted it's his recollection that a trail implementation process takes about 18 months. He stated by this same time in 2013 there had been two neighborhood meetings about the Smithtown Road west sidewalk project. Director Nielsen stated the Galpin Lake Road trail project is a little behind. He questioned if it would be a good idea to open the informal open house during the holiday season. He suggested having the neighborhood meeting before the Planning Commission's January 7, 2014, meeting. He noted that for the CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 14 of 15 Smithtown Road sidewalk project the neighborhood meeting was held on November 15. He also noted that the feasibility studies for both the Galpin Lake Road and Mill Street trail segments are done. Councilmember Hotvet recommended having the neighborhood meeting right after school resumes after the holidays on January 6, 2014. Councilmember Siakel stated she also wants to move forward with the neighborhood meeting. She then stated during one of public hearings on the Summit Woods planned unit development concept plan a resident made a comment about a sidewalk that no one wants. The neighborhood meeting would help gauge what interest there really is for a Galpin Lake trail segment. Maybe some consideration should be given to doing the Smithtown Road east trail/sidewalk segment first. Director Nielsen clarified it would be difficult to do the Smithtown Road east segment in 2014 because there is no feasibility study done for it. Administrator Joynes noted that performance appraisals for City staff are just about complete. He will bring a salary recommendation to Council during its January 13 meeting. He stated Council needs to set a time to do his evaluation after the first of the year. He will send Council the forms used last year. He then stated he assumes the Personnel Committee will review the performance appraisals and salary recommendations. He noted he has had trouble getting comparable data. Mayor Zerby explained that typically what has been done for the administrator's performance appraisal is the form is emailed out and the completed forms are returned to the mayor. The mayor then tabulates the information. If there is one extreme on one end or the other there should be some explanation as to why. Administrator Joynes stated the Council and staff retreat has been scheduled for February 8. He asked Council to send him thoughts about what they would like to discuss during the retreat. He stated he thought there would be more policy discussions during this retreat. Councilmember Woodruff asked Administrator Joynes to send out a draft agenda and Council can recommend additions to that. Attorney Keane stated the United States Supreme Court denied a petition for review by Ron Johnson for another appeal. The Court issued a written order declining to hear that. B. Mayor and City Council Councilmember Hotvet noted that she was very impressed with how the new Smithtown Road west sidewalk was cleared. People used it immediately after. She thanked Director Brown and the Public Works staff. Councilmember Siakel stated that during Council's last meeting Director Brown extended to Council an offer for them to come and ride in a snowplow truck. She took him up on that last Wednesday, December 4, when there was a very heavy snowfall. Chris Pounder, a Public Works employee, picked her up. She noted it was trash pickup day. She asked if any other member of Council can tell her what the numbers 5, 3 and 750 mean. She explained 5 represents the number of trash cans Hennepin County plows knocked down along County Road 19; for Public Works it was zero. Three represents the number of mailboxes that were dismembered by the County; for Public Works it was zero. The number 750 represents the number of milligrams of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES December 9, 2013 Page 15 of 15 Ibuprofen she had to take she had to take when she got home after bouncing around in the snowplow truck! She recommended that during the Council and staff retreat there be a discussion about a snow emergency policy. She stated it would be helpful to get ideas from Director Brown. She stated there were lots of vehicles along the edge of the street during her ride along. There were also trash and recycling cans along the edge of the street. She then stated when there was discussion about roadway improvements to Valleywood Road and Valleywood Lane some residents brought up the idea of single hauler trash removal. During the discussion about the Summit Woods planned unit development concept plan the residents in that neighborhood talked about the very narrow roads there and the idea of having one hauler. She noted that the idea of a single hauler has not been positively received in the past but it seems to be appropriate to consider that again. There would be costs savings from reduced wear and tear on roadways. She then stated there were many, many drivers who tailgated the plows. She cited one driver on the east end of the City who could not make it up the hill and wouldn't wait for the plow to go up. Had that driver waited a minute for the road to be plowed they would not have had a problem. She thanked Director Brown and his staff for doing an incredible job. Director Brown thanked Councilmember Siakel for taking the time out of her schedule to go on the ride along. Councilmember Siakel suggested talking about what level of staffing is needed in the Public Works department during the February 8 retreat. Mayor Zerby noted that he has been thinking about the garbage issue as well. 13. ADJOURN Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of December 9, 2013, at 8:33 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Sc t Zerby, M yo Je' n Panc�n hyshyn, C y Clerk