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10-27-14 Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 27, 2014 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Present. Mayor Zerby; Councilmembers Hotvet 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: Councilmembers Siakel and Sundberg B. Review Agenda Hotvet moved, Woodruff seconded, approving the agenda as presented. Motion passed 310. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, October 13, 2014 Woodruff moved, Hotvet seconded, Approving the City Council Work Session Minutes of October 13, 2014, as presented. Motion passed 310. B. City Council Regular Meeting Minutes, October 13, 2014 Woodruff moved, Hotvet seconded, Approving the City Council Regular Meeting Minutes of October 13, 2014, as presented. Motion passed 310. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Woodruff moved, Hotvet seconded, Approving the Motions Contained on the Consent. A. Approval of the Verified Claims List B. 2015 Community Tree Sale C. Authorized Expenditure of Funds for Street Signs D. City Hall Holiday Schedule and Office Hours Councilmember Woodruff thanked Director DeJong for consolidating the payroll related expenses in the Accounts Payable Check Detail report under verified claims. Motion passed 310. CITY OF SIIOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 2 of 16 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. REPORTS AND PRESENTATIONS A. Report by Lake Minnetonka Communications Commission (LMCC) Representative Paul Stelmachers on LMCC Activities Mayor Zerby noted that Paul Stelmachers, the City's representative to the Lake Minnetonka Communications Commission (LMCC), was present to give a report on LMCC activities. Mr. Stelmachers noted that serving as the City's representative to the LMCC has been an eye opening experience. He has been serving since April 2014. He recapped things that have occurred during his tenure. The LMCC and Mediacom entered into a new 10 -year franchise agreement. The LMCC Joint Powers Agreement (JPA) has been revised and it is in the process of being approved by the remaining LMCC member cities. He serves on the LMCC Finance Committee. The Committee has put forth a new 5 — 7 year plan. One element in the plan is to update the LMCC's recording studio to high definition technology. There needs to be some improvements made to the LMCC facility. Some of the bids for that work came in higher than anticipated. He noted that long time LMCC Executive Director Sally Koenecke will be leaving at the end of the month. He stated he thought she has been with the LMCC since its inception. Some of her duties will be outsourced and others will be done by some of the few remaining staff. He noted that all the member cities and the LMCC staff appear to be working well together now that some of the former member cities have left. Mayor Zerby stated the Council will miss Ms. Koenecke; she served the member cities well. He then stated the LMCC will be looking at having repairs made to the stucco on the building some of which has cracked. He noted that he thought LMCC staff did an excellent job on the election programming. Mayor Zerby thanked Mr. Stelmachers for serving and for coming this evening. B. Report by Lake Minnetonka Conservation District (LMCD) Representative Deborah Zorn on LMCD Activities Mayor Zerby noted that Deborah Zorn, the City's representative to the Lake Minnetonka Conservation District (LMCD), was present to give a report on LMCD activities. Ms. Zorn highlighted in the information in her LMCD quarterly report (a copy of which had been provided to Council). The highlights are as follows. ➢ High Water — A 52- day -long emergency high water (EHW) declaration for all of Lake Minnetonka was in effect from June 6 — July 25, 2014. It meant minimum wake restrictions were in place. That was the first time ever that the entire Lake was included. There were historical Lake level readings in 2014 with highest being 931.11. ➢ Eurasian Watermilfoil (EWM) Harvesting Program — h-i 2014 EWM was harvested from 391 acres in Lake Minnetonka with 34 of them being in Shorewood. ➢ Shoreline Boat Storage Count — Every other year the LMCD conducts a shoreline watercraft storage count of the 125 miles of Lake Minnetonka shoreline. This year-'s watercraft count was CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 3 of 16 10,1.74. The LMCD Board is discussing if the count needs to be done every two years or if it can be done less frequently. The Board wants to know what the information is collected for. ➢ Ordinance Review — When she joined the LMCC Board there was a review of the ordinance for qualified commercial marinas in progress. Changes were made to the ordinance. The approved changes included: allowing docks to be constructed out to 200 feet; the special density licenses and public amenities requirements were dropped for qualified facilities; and, the processing of minor changes was streamlined. Review of possible changes for municipalities will begin in January 2015. ➢ Upcoming dates and topics • November 1, 2014 -- The third LMCD Boater Safety Education Training Course for youth ages 12 -- 17. The youth have to be sponsored by an adult. Youth that take the class are told when they are done they will be more educated than about 75 percent of the watercraft drivers they will encounter on Lake Minnetonka. • November 12, 2014 — The LMCD will hold a public hearing on a North Seton Channel Quiet Water Area petition. • Continued coordination of aquatic invasive species (A1S) training for local municipalities. • Review of the LMCD ordinances for high water declaration, municipalities and .tittering will begin. • The LMCD's role in the herbicide treatment of EWM. Ms. Zorn recognized Gabriel Jabbou.r's efforts in cleaning up litter Councilmember Woodruff stated the Minnesota. Department of Natural Resources (DNR) has a limited number of enforcement officials to write citations for violations of AIS transportation laws. The DNR relies on local police departments and the Hennepin County Sheriff s Department to write citations. The LMCD has indicated that the municipalities around Lake Minnetonka have very few police officers trained on AIS so they can write citations. The LMCD is trying to work with the police departments to get that training done. The training is free and done by the DNR at the police department locations. Mayor Zerby noted the South Lake Minnetonka Police Department (SLMPD) has a couple of officers trained. He stated he has spoken with LMCD Executive Director Nybeck about possible funding to help compensate for the cost of the time it takes to train additional SLMPD officers. He has not heard back on that request. Zerby asked Ms. Zorn if she has any idea what it costs the LMCD to conduct the shoreline watercraft count. He stated he thought the LMC.D's focus was things on the water and not off of the water. Ms. Zorn stated that information was requested during the LMCD Board's last meeting. That work stream is done in conjunction with another work stream which she believes is dock use area work. In response to a comment from Zerby, Ms. Zorn stated the count took place over a two -week period in August. Zerby noted that he does not see the need for the count. Mayor Zerby thanked Ms. Zorn for serving and for coming this evening. C. Report by Gabriel Jabbour State of the Fake Mayor Zerby noted that Gabriel Jabbour was present to report on the State of Lake Minnetonka. Mr. Jabbour thanked Mayor Zerby for the giving him the opportunity to come before Council. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 4 of 16 Mr. Jabbour stated he has been living around Lake Minnetonka since 1967 and permanently since 1972. He noted. there are 14 cities that to some extent abut the Lake and he has never considered his community to end at the border of the city he lived in except when he served as an elected official. He stated he has always participated in some form or another in activities for the greater community. He was mentored by people who embraced greater and bigger ideas and who had a can do attitude. It was at a time when the Lake cities employed two or three people. The City of Orono, which covers about 35 square miles, at one time employed three people. It relied heavily on its premier residents to do the work. He explained that one of the ideas that came about back then was the formation of the Lake Minnetonka Conservation District (LMCD). It is one of only two conservation districts in the State of Minnesota where there are more than 12,000 lakes. The LMCD was critical at a time when the cities had such few employees back in the late 1960s and early 1970s. He noted he had been a great partner with the LMCD for many years. He was a cheer leader for people who took marina issues to the State Supreme Court and prevailed after the Court made landmark decisions. He noted that a business owner does not have to be a bad corporate resident to operate profitably. He stated over the last several years he has been finding out that Lake Minnetonka has deteriorated because of the LMCD's lack of progressive attitude. He clarified that is not because of a lack of great residents such as such as the Shorewood representative on the LMCD Board. It is because there is a faulty process. He stated he does not think the LMCD is capable of serving the Lake the way it should be. He believes there is a tremendous amount of talent on the Board. unfortunately the Board is provided very limited information and the members of the Board make decisions based on limited information. What happens because of that is the equivalent of what happens with computers which is if you put garbage (bad data) in you get garbage out. It is not because of lack of talent or lack of desire of the Board. He explained during the summer of 2014 when the water level in the Lake became extremely high the LMCD staff was informed that it may be called upon to do something over a certain weekend to address the high water situation. On Sunday of that weekend all of his marina docks were under water. There were tens of thousands of amps under water. He is very safety conscious so they immediately shutoff the electricity. Pretty soon people were out in the middle of the Lake responding to calls about floating trees and other things. The LMCD staff was notified that something needs to be done about the high water. The response from staff was they would. bring that up at the next LMCD Board meeting. He called the Hennepin County Sheriff because of that response and asked him to issue an executive order to turn the entire Lake into quiet water. That would be similar to when he closed the Lake to cars on the ice when there were ice incidents. The Sheriff responded he did not have the authority to do that. He told the Sheriff that he must have the authority because he had done something similar before. About 30 minutes later he started to hear that his call was being talked about in the community and about three hours later LMCD staff brought it to the Board and the Board acted on the request. He believes nothing would have been done about issuing an Emergency High Water (EHW) declaration if he and others had gone through the property channels. When he was speaking with the Sheriff about issues the Sheriff indicated that the Hennepin County Sheriff's Water Patrol has a very problematic business model. The Water Patrol relies on volunteers. At one time there were 54 volunteers. There had been up to 1.1 deputies that bad been ` "gun holders ". Now it is down to 21 volunteers and 6 ---- 7 gun holders. He has worked hard with people to secure a single line item in the Hennepin County budget for 2 additional deputies that would be called Lake Minnetonka deputies. He commented that at one time the Water Patrol had its facility at one of his marinas at no charge when the Water patrol's facility was torn down to build a new facility. CITY OF SIIOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page S of 16 He stated we bought a 2 acre piece of land that has reduced in size to 1.6 acres. People are trying to understand why it is eroding. The LMCD staff never brought that to the LMCD Board. He noted that every single issue that he brought to the LMCD staff was never presented to the LMCD Board. He explained that after July 4 he found mountains of garbage around Big Island. He was told that was Big Island and that is someone else's responsibility. Yet $300,000 - $400,000 in taxpayer money was recently spent to re- vegetate and secure the cliffs on park land on Big Island. That was done by Three Rivers Park District (TRPD) in partnership with the Minnehaha Creek Watershed District (MCWD). It became painfully necessary to remove the snow fencing that was there to keep the kids from going on it. Workers came to remove the snow fence so the vegetation could grow. He asked the LMCD in writing as the official custodian of the Big Island Orono Camp to assist people by passing a civil ordinance so that the Water Patrol could help issue citations. To date that still has not been dealt with. He has never received a response from staff. He thought 90 percent of the stuff that goes to the LMCD goes into a dark hole; it never makes it to the LMCD Board. The Board means well and wants to work on issues. Unfortunately, it is handed a limited and controlled menu to choose from. He stated that because the LMCD licenses his marinas his livelihood could be in jeopardy if the LMCD gives him a hard time or retaliates against him. Yet, he finds it extremely more important that Lake Minnetonka (which the Supreme Court referred to as the crown jewel of all of the lakes in Minnesota in its ruling) is attended to. He noted that he met with the LMCD Executive Committee several times and with the Chair of the LMCD Aquatic Invasive Species (AIS) Task Norte. And, he polled members of the LMCD Board and found them to be oblivious to any concerns. He then stated he works with many agencies and he sits on boards and committees. He finds it unbelievably frustrating to work with the LMCD. He finds it somewhat odd that the US Fish and Wildlife Agency was more interested in what he had to say then LMCD Executive Directory Nybeck and company. He clarified he is not personally attacking Nybeck. He just wants better for his daughter and granddaughters and for the resources people care about. He went on to state the location of the Water Patrol facility is not effective today. He has spoken with the Sheriff about that. He has told Mayor Zerby that he has signed a lease with the Sheriff at no cost to have a satellite station at the Shorewood Yacht Club (SYC). He did that because the Water Patrol's response time to the lower Lake is extremely long. He explained that when there were 12 boats flapped over during the bad storm this past summer the Water Patrol could not respond to that because it did not have any docks in the water; they had been removed. He received a call from a friend in Canada to go and help out. He was at an Orono City Council meeting not long after that. The LMCD was on the agenda to present its 2015 budget. That Council asked the LMCD representative for an update on that incident and what the follow up is. That LMCD person had nothing to say about it. Not one LMCD person visited that incident. He explained there is somewhat of a Bermuda Triangle on Lake Minnetonka. It is called Maynards, Big Island and Lord Fletchers. To dispatch a boat from the Water Patrol for a heart attack victim on Big Island on the lower Lake is a 40 plus minute response time. He does not understand why the LMCD staff is not bringing things forward to the LMCD Board. From his perspective something needs to be done about that. He will speak to any Lake city council about trying to make a change if he is allowed to do so. He noted that he is on the State AIS Committee. He explained that on October 23, 2014, he was at a meeting and he thought he heard that any police officer can issue a $350 criminal ticket for an AIS transportation violation. An officer has to be trained on AIS in order to issue a civil ticket for $500. He challenged the person who made that comment and was told that is specified n State Statute. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 6 of 16 He stated the reason he resigned from the LMCD AIS Task Force was because the LMCD received a warning ticket from a South Lake Minnetonka Police Department (SLMPD) patrol officer for transporting AIS. He thanked the officer for doing that. He tried to talk about that during a Task Force meeting but could not because it was not on the agenda. Not a single LMCD staff person or AIS harvester was trained on AIS. That was an embarrassment to him so he resigned. Councilmember Woodruff asked Mayor Zerby what Council is going to do. Mayor Zerby stated to him it is very disappointing that the LMCD, which had its routes in pollution control when it was formed, has not been a good steward of the Lake. He noted he is a strong proponent of resident input and involvement. Based on what Mr. Jabbour has stated it sounds like that is seriously lacking. He stated he thought the City will have to talk with the State and look into what the LMCD's bylaws are and find out if the LMCD is set up the way it needs to be in order to be effective. Councilmember Woodruff stated there was a move a couple of years ago to disband the LMCD. That went a long way in the State Legislature. A bill was drafted and introduced but it did not make it out of committee. He then stated Mr. Jabbour has identified a number of things that should be brought up to the LMCD Board. If Council needs to do that then that is what should be done. He noted that he is not sure he agrees with everything Mr. Jabbour said. He also noted that he does think there needs to be some things done to the organization. But, the Shorewood. Council does not have an ability to influence that. He stated people need to go to the Legislature to have the LMCD's charter changed and noted that the LMCD's charter is very narrow. Councilmember Hotvet asked if people have a right to do something like an audit, for lack of a better word, of the LMCD. Mr. Jabbour stated the LMCD is body of government enabled by an act of the State Legislature. He explained a few years ago the fishing lobby wanted to dissolve the LMCD because the LMCD was charging a great deal of money to have events. So when the veterans tried to have their children go fishing they had to spend $2,000 for a license only to have a fishing day. He helped intervene in that and tried to prevent it. He stated to the best of his knowledge in the history of the LMCD there has only been one legislative change and he was instrumental in that. He noted that the LMCD member cities do not control the LMCD's destiny. He used the analogy of a pot luck supper where people are lucky if they hit the right pot. There are, for example, 7 Board members who think a certain way one time when they show up. It is not unlikely that a no position will reverse to a yes position when different members of the Board were in attendance. He explained an attempt had been made to do a public access and force it on the LMCD member cities. Orono decided to with draw its representative because of that. At that time there was a very capable LMCD Board Chair named Bill Johnson. At that time Mr. Johnson stated the enabling legislation states a city shall elect a representative to serve for a period of three years. And, no one could remove an elected representative unless there was maleficence. He went to the State Legislature to get it to repeal that bad law. The State Legislature adopted a change that allowed a city to maybe appoint a representative. There was a lot of discussion about if a city does not have a representative on the Board does that absolve a city form having to contribute financially to the LMCD. He, at that time, stated a city should still have to pay. He still gets critiqued for taking that position. He noted that the Cities of Orono and Minnetonka are not happy that they have to pay a combined 40 percent of the LMCD budget. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 7 of 16 He stated he thinks the enabling legislation needs to be changed. He then stated there can be a controlled change by the 14 LMCD member cities. Or they can be uncontrolled change by people saying it is not the member cities' Lake. He then stated a few weeks ago when he was in Florida he received a call that the sailing yacht clubs have asked that the lower Lake, Wayzata Bay and Spring Park Bay be quiet water on Saturdays and Sundays. He received calls from 28 people Who don't own lakeshore property telling him that he does not own the Lake. The greater State of Minnesota who owns the Lake might affect a change. Yet, there is a serious problem beyond that. He went on to state that he thinks all 14 member cities should go to the State Legislature and ask for overlapping jurisdiction. He cannot wait until the LMCD decides to stop the garbage from washing up on shore. He indicated that he thinks there is a major disconnect between the heart of the Lake community being policed the correct way and it being controlled the correct way and the member City Councils. He thought the member cities' Mayors need to get together. He clarified that he is not coming through the back door on this. He noted that he has spoken fairly frankly with almost 100 percent of the LMCD Boardmembers about this. Mayor Zerby suggested forming a task force of the member City Mayors and /or possibly member City Councils. He noted he would be happy to host such a meeting so the member cities can hear from each other on this. He stated this needs to be discussed at the city level first. The cities need to form a unified message. Then it can be taken to the state level. Councilmember Woodruff stated that he thought it would be a healthy thing to do. He then stated he views the LMCD as similar to the Lake Minnetonka Communications Commission organization where a lot of the member cities appear to believe that they had representation so they could ignore things. There are a lot of the member City Councils who don't have their representatives ca=ne before them to update them on progress. He expressed concern about that because the representatives are able to make law. He noted that the City's representative to the LMCD has the authority to vote on ordinances. Mr. Jabbour stated the Sheriff's issue is a $500,000 — $700,000 issue. The LMCD Board should have been talking to the member City Councils about it. The Councils should have taken advantage of County Commissioner Calhson who he thinks very highly of The Shorewood Council should have discussed that with her when she came before Council a few weeks ago. He then stated the Sheriff has limited control because of the police union, the lack of volunteers and the budget for the Water Patrol, He went on to state that when he brought this up to the LMCD Executive Committee one member stated the levy should be increased. He noted that the Hennepin County Budget is more than that of the thirteenth State of the Union, Mayor Zerby stated. Council will work with staff to come up with a time for the cities to get together. There is no time to waste. Mr. Jabbour thanked Council for this opportunity. 6. PUBLIC HEARING A. Minor Subdivision/Combination (Lot Line Rearrangement) Applicant: Michael Johander Location: 27630 and 27660 Virginia Cove CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page S of 16 Director Nielsen explained the Robert Johander family owns the properties located at 27636 and 27660 Virginia Cove. Michael Johander, the trustee, proposes to straighten the lot line between the two properties out as shown on the site location map. The lot line would then run straight north so that one lot does not wrap around the other. The two properties are located in the R -1 A /S, Single - Family Residential/Shoreland zoning district. The lots currently meet or exceed the lots size requirements of the Zoning Code for that District and they will continue to meet or exceed the requirements after the completion of the subdivision/combination. The existing drainage and utility easements along the current common lot line must be vacated. The public hearing that is next on the agenda is to vacate the easements. Replacement easements will be recorded with the division/combination along the new lot line. Nielsen noted the Planning Commission unanimously recommended approval of the division /combination and the vacation of the drainage and utility easements. Nielsen also noted Mr. Johander is present. Woodruff moved, Zerby seconded, Adopting RESOLUTION 14 -090, A Resolution Approving Subdivision and Combination for Michael Johander for the properties located at 27360 and 27660 Virginia Cove ". Motion passed 310. B. 7:10 P.M. Vacate Drainage and Utility ]Easements Applicant: Michael Johander Location: 27630 and 27660 Virginia Cove Mayor Zerby opened the Public Hearing at 7:47 P.M. Seeing no one present to comment on the case, Mayor Zerby opened and closed the Public Testimony portion of the Public Hearing at 7:47 P.M. Woodruff moved, Zerby seconded, Adopting RESOLUTION NO. 14 -091, "A Resolution Vacating Drainage and Utility Easements Located on the Property Line between the Properties Located at 27360 and 27660 Virginia Cove." Motion passed 310. Mayor Zerby closed the Public Hearing at 7:48 P.M. 7. PARKS A. Report on the October 14, 2014 Park Commission Meeting Director Nielsen reported on matters considered and actions taken at the October 14, 2014, Park Commission meeting (as detailed in the minutes of that meeting). B. Parks Summit Group It was noted that the last schedule Park Summit Group meeting was again cancelled because of the lack of a quorum. It does not appear that representatives for the other cities are interested in this. Mayor Zerby questioned if it may be better to just have an annual meeting and maybe to expand the number of cities represented. He stated the City of Orono Park Commission Chair has expressed interest Shorewood's hockey rink boards. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 9 of 16 C. Gideon Glen Sign This item was postponed because the City has not received a bid for the work. 8. PLANNING A. Report on the October 21, 2014 Planning Commission Meeting Planning Commission Chair Geng reported on matters considered and actions taken at the October 21, 2014, Planning Commission meeting (as detailed in the minutes of that meeting). Councilmember Hotvet stated she thought she read or heard that the sewer access charge of $1,200 is the same as it was in 2008. Director Nielsen confirmed that. Nelsen explained that the sewer rate study done in 2013 did not recommend an increase in the access charge. Councilmember Woodruff stated it is his understanding that the charge is for allowing someone the privilege of connecting to the City's sanitary sewer system. It is not for the cost to make the connection. Councilmember Hotvet stated she thought it may be prudent to revisit the amount being charged. Discussion moved to Item S.0 on the agenda. R. Senior Housing Amendment This was discussed after Item 8.0 on the agenda. Director Nielsen explained that for the past about two years the Planning Commission. has been discussing possible changes to the City's Zoning Code that would encourage the development of elderly housing projects. The ordinance was written several years ago and was basically designed for cottage type developments such as Shorewood Ponds and The Seasons. There has been discussion about allowing higher densities for other types of elderly housing. The first change would be to increase the density from 10 units per acre to 12 units per acre for the R -3C zoning district. The next change is regarding calculating density. The recommendation is to count assisted living units as one -half unit. Most of the people living in those types of units are not driving cars much if at all. Care providers are generating most of the traffic. There is a group of changes recommended for the Smithtown Crossing Redevelopment Area. The density for a mixed use development project in that Area would be higher yet given that it is currently zoned commercial property. He noted the Planning Commission has unanimously recommended approval of the changes. The proposed changes were presented to Council during its July 28, 2014. At that time Council had concerns about what that might look like. Staff followed up by providing Council with illustrations of various housing projects around the area and what the densities during its August 11 meeting. Staff also arranged for Rick Fenske, with WEIS Builders who builds senior housing, to make a presentation on the state of the twin cities senior housing market during its September S work session. Nielsen stated staff is seeking direction from Council about the proposed ordinance amendment. Mayor Zerby noted he continues to be against the amendment because he considers it to be spot zoning. Ile does not think spot zoning is appropriate. He clarified he does agree with the intent of the amendment. He is all for finding places where additional elderly housing can be built. He explained the Minnetonka CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINU'T'ES October 27, 2014 Page 10 of 16 Country Club (MCC) management has sent a letter to its members and circulated to the public that suggests the MCC property is going to be sold and likely redeveloped. The MCC site is very close to the Smithtown Crossing Redevelopment Area. He asked that there be a broader application of the proposed amendments for the Smithtown Crossing Area. He noted he had conveyed this position in previous meetings. Councilmember Woodruff stated he can support the amendment. He then stated from his perspective the notion of extending the proposed type of density to the R -1 and R -2 districts would be a mistake. That would mean a multi - family house could be built, for example, next to Mayor Zerby's home. Zerby clarified that he just stated there are other areas in the City where it could be applicable. Woodruff stated if that is to be done then zoning within. the City needs to be changed because there are no other areas zoned for higher density development. Mayor Zerby noted that the Smithtown Crossing Redevelopment Area is zoned C -1 General Commercial. He stated he is opposed to Section 2 Item e in the proposed amendment which specifically relates to the Smithtown Area. Councilmember Woodruff stated be would not be opposed to Council discussing potentially rezoning other areas in the City. Director Nielsen noted the MCC property is zoned R -1 A Single family Residential. Councilmember Woodruff stated therefore multi - family housing could not be developed on the MMC site as it is currently zoned. Mayor Zerby stated multi- fainily housing could not be developed on the Smithtown Crossing Redevelopment Area site as it is currently zoned either. Zerby noted that spot has to be rezoned to allow that. Director Nielsen noted that currently residential development is not allowed in a commercial district. Woodruff stated if the Smithtown Crossing Redevelopment Area were rezoned from commercial to residential all of the existing uses are grandfathered in and if a business owner wants to sell the new owner could only have business that is like the current business. Woodruff cited an example. The property where the auto repair business is at the trail crossing on Smithtown Road was rezoned to residential. Yet, the auto repair business is allowed stay there in perpetuity. But, if the property owner sells it and the new owner wants to use if for something else the property owner can only make it residential. Director Nielsen stated that is pretty accurate. Director Nielsen clarified the Smithtown Crossing Redevelopment Area is not being rezoned at this time. He explained the Smithtown Crossing Study was adopted into the City's Comprehensive Plan and it guides that property for mixed use (residential and commercial). If the residential commercial is to be elderly it anticipates it will be done as a planned unit development (PUD). That would be a rezoning. Mayor Zerby stated that under a PUD a developer could essentially do what is being proposed for the Smithtown Crossing Redevelopment Area in the amendment. Director Nielsen clarified that density would have to be decided at that point. Director Nielsen stated the intent of the amendment is to plan for the future versus react when a developer proposes something. The City can then to some degree direct how it will be developed. Mayor Zerby stated he would life to have that reaction of giving; the public an opportunity to weigh in on what is being proposed. CITY OF SHOR WOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 11 of 16 Zerby moved, Hotvet seconded, Approving ORDINANCE NO. 518 "An Ordinance Relating to Calculating Density for Elderly Housing." Motion passed 211 with Zerby dissenting. Discussion moved. to Item 8.D on the agenda. C. Minor Subdivision Applicant: Mire Seifert Location: 6085 Lake Linden Drive This was discussed after Item S.A on the agenda. Director Nielsen noted that in 2008 Mike Seifert applied for a minor subdivision. Council considered the request and approved it during its September 22, 2008, meeting. He stated the meeting packet contains a copy of his staff report dated September 10, 2008, that the then Planning Commission discussed during its September 16, 2008, meeting. Nielsen explained the subject property is located at 6085 Lake Linden Drive. Mr. Seifert again proposes subdividing the lot north and south into two building sites. The property is zoned R -1C, Single Family Residential and it contains 63,210 square feet of area. The proposed lots will be 42,295 square feet (northerly lot) and 20,915 square feet (southerly lot) in area. Both will comply with the R-1C Zoning District lot size requirements. Mr. Seifert proposes to have a shared driveway off of the southerly street. In addition to the conditions of approval listed in the staff report the 2008 minor subdivision was also approved subject to the shared driveway being a minimum of 1.2 feet wide with the common portion of the driveway no less than 16 feet wide if a sprinkler system is installed in the house or 20 feet wide if not and to the applicant submitting an easement and maintenance agreement for the proposed shared driveway. He stated the proposed subdivision is consistent with the City's Zoning Code and Comprehensive Plan. Nielsen noted Mr. Seifert was present. Councilmember Woodruff asked when the second house will be built and when the shared driveway will be built. He asked what will happen if the driveway is built before the house and no decision has been made about sprinkling the house. Mayor Zerby stated it appears the applicant understands that once the second house is built the driveway has to be in compliance with what is specified in the resolution. Hotvet moved, Woodruff seconded, Adopting RESOLUTION NO. 1.4 -0921 "A Resolution Approving a Minor Subdivision for Mike Seifert, 6085 Lake Linden Drive." Motion passed 310. Discussion returned to Item 8.13 on the agenda. D. Smithtown Road (East) Trail Project This was discussed after Item 8.B on the agenda. Director Nielsen explained that prior to its October 21, 2014, meeting the Planning Commission conducted its trail walk for the Smithtown Road East Sidewalk Extension Project. The extension will go from the LRT Trail where the Smithtown Road west trail left off up to the about the intersection of Smithtown Road and County Road 1.9. During the Commission's meeting it discussed the Feasibility Report for the Project. The Report recommends the sidewalk be placed on the south side of the roadway CITY OF SHOREWOOD REGULAR COUNCIL, MEETING MINUTES October 27, 2014 Page 12 of 16 primarily because of the location of the utilities, terrain and so forth. There will still be power poles that have to be dealt with. The Commission agreed with that. A number of residents came out and spoke with the Commission. During the walk, one resident expressed concern about the close proximity of the proposed sidewalk to her house. Another resident asked about tree removal and the possibility of assessment. A third group expressed opposition to trails in general and to this specific trail which they had opposed several years ago. The residents were invited to the October 30 open house for the Smithtown Road East Sidewalk Extension and Galpin Lake Road Trail Projects. Nielsen noted the Planning Commission recommended acceptance of the Feasibility Report for the Smithtown Road East Sidewalk Extension Project. Councilmember Woodruff clarified that this evening Council is only being asked to accept the Feasibility Report. Council is not considering approving a project that will cost about $1 million. He asked that the full Report be included in the online meeting packet so people can look at the full Report. He noted that Council has received that under separate cover. Hotvet moved, Woodruff seconded, accepting the Feasibility Report for the Smithtown Road East Sidewalk Extension Project as presented. Motion passed 310. Zerby moved, Hotvet seconded, directing the City Attorney to begin work on the title work that is necessary in order to obtain easements associated with the Project. Motion passed 3/0. 9. ENGINEERING /PUBLIC WORKS A. Professional Services Agreement for freeman Park Wetland Restoration Director Brown explained the meeting packet contains a copy of a professional services proposal from WSB & Associates to go back and explore the Freeman Park wetland restoration concept that was presented many years ago. This has resurfaced after the spring of 2014 torrential rainfalls that impacted many homes in the Shorewood Oaks area. He has verified with Engineer Hornby that the proposal includes analyzing both the Shorewood Oaks area and Freeman Park area to identify alternatives for improving the stoimwater management system in those areas. The proposal is on an hourly basis for an amount not to exceed 510,500, if this is approved staff recommends it be funded out of the Stormwater Management Fund. He noted staff recommends approval of the proposal. Mayor Zerby asked what the acronym XPSWMM means. Engineer Hornby explained it is the software WSB uses to analyze the storrawater and it allows it to be analyzed over land and through the pipes. Councilmember Woodruff stated that the proposal does not mention Shorewood Oaks. Engineer Hornby reaffirmed that the drainage into the Shorewood Oaks area will be analyzed as well. Woodruff moved, Zerby seconded, accepting WSB & Associates' proposal for professional services for a feasibility study of stormwater improvements for the freeman Park and Shorewood Oaks areas for an amount not to exceed 510,500. Motion passed 310. 10. GENERAL/NEW BUSINESS A. Appreciation for Commissioners and Volunteers CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 13 of 16 Administrator Joynes noted that attendance at the annual appreciation dinner for commissioners and volunteers as well as staff has been declining over the course of the last number of years. He stated staff and Mayor Zerby are wondering if there is some other form of appreciation recognition Council would like to consider. He thought the tinning of the dinner in December is somewhat problematic. Mayor Zerby stated staff does somewhat celebrate the holiday season on its own with a potluck style lunch and .Administrator Joynes has an informal gathering at his house for staff. He then stated what is being discussed is how to show appreciation for the work the commissioners, the volunteer gardeners and other volunteers do. One of the suggestions he has heard from a few people is to acknowledge those individuals on camera. He asked if Council wants to continue with the appreciation dinner in December. Councilmember Woodruff suggested asking the commissioners what form of appreciation recognition they would like. He then stated a past council suggested having a picnic event during the summer months. Councilmember Hotvet stated scheduling is difficult in December of the holidays. She suggested recognizing them during a Council meeting and giving them a certificate might be appropriate. Mayor Zerby stated he wants to find a way to encourage more voluntecrism in the City. He would like to see the event celebrate those who volunteer. He thought acknowledging volunteers during a video recorded meeting might be a way to spread the word. He noted that whatever is done he wants it to focus on the volunteers and. to express the City's appreciation for them. Councilmember Woodruff stated he supports focusing on the volunteers. He commented that he senses that some of the staff thought attending the December event was an obligation. He suggested Council consider having a boat trip appreciation event on Lake Minnetonka during the summer. Mayor Zerby stated based on what he has heard from Council and staff is that the December holiday/appreciation dinner is no longer the best way to show the City's appreciation for the volunteers. Administrator Joynes stated staff will come back with a couple of options for Council to consider. B. Excelsior Fire Department 2015 Budget and 2015 — 2035 Capital Improvement Program Administrator Joynes explained that during Council's October I3, 2014, meeting there was discussion about the amended 2015 Excelsior Fire District (EFD) Operating Budget and the 2015 — 2035 EFD Capital Improvement Program (ClP). They were amended at the request of two of the five EFD member cities. The meeting packet contains a copy of each of the amended documents and a copy of an email from EFD Chief Gerber summarizing the changes. The main sticking point in the original Operating Budget was the use, or lack thereof, of some of the unreserved fund balance. The two member City Councils that denied the original Operating Budget and CIP have approved the amended budgets. The three member City Councils that approved both of the original budgets have indicated they will approve the budgets if the other two Councils approve them first. Staff recommends Council approve the budgets as amended. Councilmember Woodruff stated he continues to have some reservations about some things but thought the amendments were a reasonable compromise. Woodruff moved, Ilotvet seconded, approving the recommended updated final Excelsior Fire District 2015 — 2035 Capital Improvement Program dated September 2014 and the 2015 Operating Budget dated September 26, 2014. CITY OF SROREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 14 of 16 Mayor Zerby explained the Excelsior firefighters Relief Association (EFRA) membership recently voted to purchase a new outboard motor for the ETD's Boat 12 at a cost not to exceed $3,750. That is a significant purchase. He expressed his appreciation to the EFRA for being so generous. The EFRA is using dollars it raised through fundraising to make the purchase and it will then donate the motor to the District. He noted he is somewhat disheartened that the EFRA thought it was something they needed pay for rather than letting the EFD member cities pay for the worn out motor, particularly given the recent events. He stated that normally equipment repairs and replacement are the responsibility of the member cities. Yet, the EFRA took on that responsibility for ensuring Boat 12 had a working motor. He reiterated his appreciation to the EFRA. He stated he hopes the other member cities are appreciative as well. Councilmember Woodruff stated he does not think that the EFD Board does enough to solicit donations for a specific need the District has and he commented about how the American Legion donated some funds toward the purchase of replacement televisions. Mayor Zerby noted that he disagrees with that when it comes to a piece of life saving or firefighting equipment. A motor for a boat is different than contributing towards the purchase of televisions. Motion passed 310. Mayor Zerby thanked EFD Chief Gerber and his staff for all of their efforts to move the budgets forward. 11. OLD BUSINESS 12. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Hornby stated he thought the Metropolitan Council Environmental Services (MCES) has taken additional borings from where the Excelsior Boulevard trail retaining wall is supposed to be constructed. He then stated he updated the Trail Schedule and he did put a to- be- determined for some of the dates. Mayor Zerby noted that the open house for the Galpin Lake Road trail segment and the Smithtown Road east sidewalk extension is scheduled for October 30 from 6:00 P.M, — 8:00 P.M. That will be at the Minnewashta Elementary School in the media center /library. Engineer Hornby and Director Nielsen will be in attendance and it is being noticed so that all members of Council can attend if they want. He plans on attending. Councilmember Hotvet stated she plans on attending also. 2. Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the September 2014 Monthly Budget Report. Other Director Brown stated there have been a number of iterations of to -be -done dates from the contractor for paving out on Enchanted Island. The contractor has promised that it will be paved on October 29; two CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 15 of IS days from now. The contractor has been working on the City's mill and overlay project including the change order for it and he has performed very well on the mainland projects. Councilmember Woodruff stated residents on both end of the Island don't distinguish much between the Shorewood portion of and the City of Minnetrista portion of Enchanted Lane. Engineer Homby stated the contractor wants to do both portions at the same time. Homby noted that Minnetrista approved quotes for its mill and overlay project last week. Engineer Homby stated Sunnyvale Lane was paved late last week. Work was being done on driveways today. He then stated the contractor has started to work on the Apple Road project. One resident called the City about the size of some equipment being used. The contractor needed to use some large equipment for one task but the rest of the equipment being used is smaller. Director DeJong stated that the City will continue to use Health Partners as its employee health insurance provider. None of the options are very attractive from a renewal perspective. The renewal is effective December 1. He then stated that the City's contract with the audit firm is up the end of this year. He recommended bidding those services out being that has not been done for six years. Staff will bring that to Council in the next couple of weeks. Councilmember Woodruff asked if the City's portion of the health insurance cost is within budget expectations. Administrator Joynes explained the employees' increase is 28 percent. The City's portion towards the employees' insurance is negotiated annually. Staff is in the process of negotiating that with the Public Works labor union ATSCME. He noted for 2014 there was an approximate 18 percent decrease in insurance costs across the board. He stated some employees will have a fairly major increase in their health insurance premiums for 2015. Individual insurance plans are based on factors such as age, dependents, smoking, and so forth. He noted after negotiations with AFSCME on City contributions toward insurance premiums staff will come with a recommendation to Council for non -union staff. Director DeJong stated for the past several years Council has approved the City's levy for the upcoming year during its Truth in Taxation public hearing which is scheduled for December I this year. Director Nielsen stated this past weekend was the third weekend in the 2014 Deer Management Program. Five deer were harvested that weekend which brings the harvest total to 14 for the year. It is likely that there will not be any harvesting done on the fifth weekend. He noted the City continues to receive requests from property owners who want their property harvested. Councilmember Woodruff stated there were bowhunters out on Enchanted Island the first weekend for two mornings and one afternoon and one morning on the second weekend. They did not see any deer. He did not think anyone came back this past weekend. Director Nielsen clarified the bowhunters went to the alternative site on Enchanted Point and staff notified the neighboring residents of that. Woodruff then stated he is waiting to hear back from the Minnesota Department of Natural Resources (DNR) regarding a deer harvest program the DNR facilitates. It is a program that the Minnetonka Country Club (MCC) had requested. It is regularly done in the City of Deephaven. The DNR sets a quota for trapping and cuthanizing. Based on information from the Deephaven City Administrator it costs about $300 per deer. He has started telling some people living on Enchanted Island that there may be someone approaching them for donations to fund the program. Mayor Zerby stated he had received a phone call from a resident about a sign at the Holiday Gas Station. He has been told the Station wants to put in higher octane gasoline and there is a request for a change to their sign. Director Nielsen stated he is aware of a couple of things the Station wants to change. It wants CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES October 27, 2014 Page 16 of 16 to change the lighting under the canopy to LED lighting. It wants to put up a dynamic sign. The Station has a violation right now regarding the intensity of the blue light on a sign. People are working through that to bring that sign into conformity. Zerby stated he thought they wanted to add a new bade of gas for collector vehicles. Nielsen stated the Station does not need the City's approval for that. Administrator Joynes noted that the letter from Council regarding the Southshore Community Center {SSCC} have been mailed to the City Councils of the other four cities that co -own the SSCC with Shorewood. He stated there is an increase in the number of people calling about possibly renting space in the SSCC. That could in part be the result of the MMC sending notice to its membership that it will not be in operation after the end of the year. He noted that Councilnaember Hotvet has provided information to staff about someone possibly wanting to rent space. He stated that he and Director Brown will be involved in AFSCME negotiations on the morning of October 29. He then stated the four- year -old refrigerator in the break room is no longer functioning and it needs to be replaced. Director Brown stated he thought it had a two -year warranty but will verify that. B. Mayor and City Council 13. ADJOURN Woodruff moved, Hotvet seconded, Adjourning the City Council Regular Meeting of October 27, 2014, at 8:57 P.M. Motion passed 310. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Jean Panebyshyn, City Clerk k. Se rby, Ma or