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07-27-15 CC Reg Mtg MinMINUTES 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS P.M. Mayor Zerby called the meeting to order at 7:04 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Labadie, Siakel, Sundberg, and Woodruff, Attorney Keane; City Administrator Joynes; City Clerk Panchyshyn; Finance Director DeJong; Planning Director Nielsen; Director of Public Works Brown; and City Engineer Hornby Absent: None. B. Review Agenda Director Nielsen explained a public hearing had been noticed for tonight for a partial vacation of a drainage and utility easement but he forgot to have it put on the agenda. Rather than publish another notice for the public hearing Director Nielsen asked that Item 5.A Partial Vacation of a Drainage and Utility Easement be added to the agenda. He would like Mayor Zerby to open the public hearing for that item and then have Council continue the hearing to the August 10, 2015, Council meeting. He noted the applicant submitted their material in time. Sundberg moved, Woodruff seconded, approving the agenda as amended. Motion passed 510. A. City Council Executive Session Minutes, July 13, 2015 Labadie moved, Siakel seconded, Approving the City Council Executive Session Minutes of July 13, 2015, as presented. Motion passed 510. B. City Council Work Session Minutes, July 13, 2015 Labadie moved, Siakel seconded, Approving the City Council Work Session Minutes of July 13, 2015, as presented. Motion passed 5/0. C. City Council Regular Meeting Minutes, July 13, 2015 Sundberg moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of July 13, 2015, as presented. Motion passed 510. Mayor Zerby reviewed the items on the Consent Agenda. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 27, 2015 Page 2 of 10 Woodruff moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda. A. Approval of the Verified Claims List B. Approval of Video Taping Services Agreement Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING A. Partial Vacation of a Drainage and Utility Easement Applicant: Christopher Hamdorf Location: 26425 Arbor Creek Lane Mayor Zerby opened the Public Hearing at 7:08 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 7:08 P.M. Mayor Zerby explained that this public hearing had been noticed for tonight but staff forgot to put it on the agenda. It will be continued to Council's August 10 meeting. Woodruff moved, Siakel seconded, continuing the Public Hearing for a Partial Vacation of a Drainage and Utility Easement for Christopher Hamdorf to City Council's August 10, 2015, . meeting. Motion passed 5/0. Mayor Zerby continued the Public Hearing at 7:10 P.M. 6. REPORTS AND PRESENTATIONS 7. PARKS A. Report on the July 14, 2015, Park Commission Meeting Director Nielsen reported on matters considered and actions taken at the July 14, 2015, Park Commission meeting (as detailed in the minutes of that meeting). Councilmember Siakel stated as the Council Liaison that evening she went on the tour of some of the City's parks and she thought the parks looked very good. She thanked Director Brown and the rest of the Public Works staff for their efforts. She then stated there was standing water in Manor Park and she suggested installing drain the to try and mitigate that situation. That is not included in the Park Improvements Capital Improvement Program (CIP). She asked if it should be added to the CIP. Director Nielsen noted that is on the project list from 2014 and stated that has been an ongoing problem. Nielsen explained he has spoken with Engineer Hornby about possible solutions for that. A rain garden solution had been discussed but there is not enough depth near the pond for that to work. A drain tile solution is being discussed. The cost for that will have to be added to the CIP. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 27, 2015 Page 3 of 10 8. PLANNING A. Zoning Text Amendment — Signs in the R -C, Residential Commercial Zoning District Applicant: Todd Frostad Director Nielsen explained Todd Frostad owns the South Lake Office Building located at 23505 County Road 19. The building is quite large. The property is zoned R -C, Residential /Commercial. Mr. Frostad has requested an amendment to the sign regulations for properties located in R -C Districts so they are treated similar, in concept, to the C -1, General Commercial District. The C -1 District provides for signage in scale with the size of the property and the building the signage would be located on. In the C -1 District properties are allowed to have signage totaling in area 10 percent of the building silhouette as viewed from the street. That can be divided among three signs one of which can be a pylon sign. Currently, the R -C District allows properties to have two signs, one of which can be a freestanding sign, no larger than 20 square feet. The other sign must be a wall sign. Total signage must not exceed 36 square feet in total. These requirements apply to any property in the R -C District, regardless of the size of the property or the size of the structure on the property. Mr. Frostad's building is the largest building in all of the R -C Districts. Yet, he is not allowed to have any more signage than the smallest buildings in the Districts can. Mr. Frostad is not asking for the same amount of signage as is allowed in the C -1 District. He has proposed a signage standard of 5 percent of the building silhouette, with a maximum of 40 square feet for the freestanding sign (one half of what is allowed in the C -1 District). He also proposed the current height limitation for freestanding signs of five feet high be increased to eight feet. Lastly, the applicant proposed that the location requirement for, an illuminated freestanding sign be reduced from 200 feet to 100 feet from a residential district boundary. If the distance is less than 100 feet, the sign would have to be screened from view of residential properties. The applicant has a very dense hedge of vegetation along the west side of his property that screens his property from the twin homes to the west of his property. There are other properties in the R -C Districts that are subject to the setback requirements. If they could not meet the screening requirements they would not be allowed the reduced setback. He noted the provision that prohibits a sign from being lit between the hours of 9:00 P.M. and 7:00 A.M. remains as is. He stated the meeting packet contains a graphic of what the proposed allowable signage could look like for the applicant's property. Nielsen noted that Mr. Frostad was present. Todd Frostad, owner of the South Lake Office Building located at 23505 County Road 19, thanked Council for considering his request. He noted that he worked with Director Nielsen off and on for a year to ensure what he has proposed is reasonable and appropriate because it would affect all of the properties in the R -C Districts in the City. He explained that the requirements for protective screening and turning off the lights, for example, were preserved in the amendment. His current freestanding sign is located a long distance from the driveway entrance onto the property and he would like to move the sign closer to the entrance. The sing's current location has caused a few accidents because drivers pass the entrance and then slam on their breaks. That is why he proposed the reduction to 100 feet from the residential district boundary. His tenants often ignore the need for permits when putting out temporary signs. Therefore, he intends to construct a sign that allows for inserted promotional panels on the monument sign to eliminate that problem. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 27, 2015 Page 4 of 10 Mayor Zerby noted that he appreciates the time Mr. Frostad and Director Nielsen have put into this request. He stated the changes seem to be appropriate. Councilmember Woodruff noted that the Planning Commission unanimously recommended approval of the amendment. Zerby moved, Woodruff seconded, Approving Ordinance No. 520, "An Ordinance Amending Section 1201.19 Subd. 8.d. of the Shorewood Zoning Code." Motion passed 510. B. Proposed Zoning Amendment - Setbacks for Mechanical equipment in the R -C District Director Nielsen noted this is a housekeeping item. Director Nielsen explained that residents in general prefer to put their air conditioning condensing units on the side of their house. That is not an allowable encroachment in a setback at this time. For non- lakeshore lots the setback is 10 feet. In Shoreland Districts the lots are required to have greater side yard setbacks than non - Lakeshore lots. The Code requires that those lots must have a total side yard setback of 30 feet, with no one side less than 10 feet. The 10 -foot requirement is not a problem. The problem arises when the property is set up with side yards constituting some other combination of 30 feet (e.g., 15 and 15). Since the equipment must comply with side setbacks, that property must keep its equipment 15 feet from the property line. That does not seem fair. The proposed housekeeping text amendment would allow mechanical equipment on residential shoreline lots to be an "allowable encroachment" in required side yards, except for those abutting a street, and no closer than 10 feet from the side lot line. The amendment would also prohibit mechanical equipment from being located within drainage and utility easements. Following is how a proposed amendment would read after having made corrections recommended by the Planning Commission: Section 1201.03 Subd. 3.c. (4) would be amended to read: (4) Laundry drying and recreational equipment, arbors, trellises, in rear yards to a point no closer than five feet from any lot line. Section 1201.03 Subd. 3.c. would be amended to include: (10) Air conditioning and heating equipment shall not be located within drainage and utility easements. Air conditioning and heating equipment on residential shoreline lots may encroach into required side yards, but no closer than 10 feet from the side lot line." Nielsen noted that staff and the Planning Commission recommend approval of the amendment. Councilmember Woodruff noted that the agenda states this is for the R -C District but this is not just for the R -C District. He also noted the title on the staff report says the same thing. Director Nielsen clarified it is for the Shoreland District. Woodruff moved, Labadie seconded, Approving Ordinance No. 521, "An Ordinance Amending Section 1201.03 Subd. 3.c of the Shorewood Zoning Code." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 27, 2015 Page 5 of 10 Mayor Zerby asked if there were any comments from the public during the public hearing. Director Nielsen responded no. Motion passed 510. 9. ENGINEERING /PUBLIC WORKS A. Receive Bids and Award Contract for the 2015 Sealcoat Project, City Project 15 -03 Engineer Hornby noted the meeting packet contained a memorandum from him about the 2015 Sealcoat Project and at the dais this evening there was a copy of the bid results. He explained this is a joint project of the Cities of Shorewood, Excelsior, Minnetrista and Victoria. The Engineer's estimate for the total project was $572,560. The bids for the project were opened on July 23. The low bid for the entire project was $504,089.00. The bid for Shorewood portion of the project was $250,148.50. That is approximately $25,000 higher than the amount slated in the Capital Improvement Program (CIP). Director DeJong had indicated there should be sufficient dollars to do this project in 2015. He noted the quantity estimates for the project were somewhat conservative; therefore, he thought the price would come down. He also noted the low bid received was from Allied Blacktop Company. Homby stated staff recommends Council adopt the resolution awarding the contract. Siakel moved, Woodruff seconded, Adopting RESOLUTION NO. 15 -052, "A Resolution Accepting Bids and Awarding Contract for the 2015 Seal Coat Project, City Project No. 15 -03, to Allied Blacktop Company for an Amount Not To Exceed $250,148.50. "Motion passed 510. B. Receive and Approve Petition for Water for 23350 Park Street Engineer Hornby explained Karen King and Kenneth Potts have petitioned the extension of municipal water to a new house under construction. Their property is located at 23350 Park Street and is located in Shorewood. The water would be serviced by the City of Excelsior. The meeting packet contains a copy of a resolution permitting the property owners to connect to the Excelsior municipal water system and a copy of water connection agreement between Shorewood and the property owners. He is working with representatives from Excelsior to determine the costs for the watermain extension and the connection to the service. Those costs will be presented to the owners and they will be asked to provide in writing direction to move forward with that. Woodruff moved, Siakel seconded, Adopting RESOLUTION NO. 15 -053, "A Resolution Permitting a Shorewood Property Owner to Connect to the Excelsior Municipal Water System" and Authorizing the City of Shorewood to Enter into a Water Connection Agreement with Karen King and Kenneth Potts, the Owners of the Property Located at 23350 Park Street. Motion passed 510. A. Traffic Committee Recommendations Administrator Joynes stated that during Council's June 22, 2015, meeting Council directed staff to come back with a proposal for conducting a traffic study on the Country Club Road to Yellowstone Trail to Lake Linden Drive collector route and the impact of the redevelopment of the Minnetonka Country Club (MCC) property on the roadway system. Council also recommended a broader assessment of traffic be CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 27, 2015 Page 6 of 10 considered. Staff discussed the topic for a couple of hours and recommends taking a two- pronged approach to studying traffic. He explained the first prong would be to study the impact of MCC redevelopment on traffic and the existing traffic conditions along the collector route and some adjacent roadways (e.g.; Echo Road, Ridge Point Circle, Minnetonka Drive). That is the most immediate need. The committee members should be people affected by the redevelopment. Staff has no recommendation on how large the committee should be or on how committee members are selected. Staff recommends the committee should be looking at safety issues, traffic speeds, traffic volumes and traffic calming techniques. The City should provide the committee with engineering consulting services help. Staff has asked WSB & Associates to provide a quote for providing that assistance. The traffic engineers would analyze the already existing traffic data and make recommendations on what else needs to be done. Staff recommends the committee seek input about issues related to the corridor route from the Excelsior Fire District (EFD) Chief and the South Lake Minnetonka Police Department (SLMPD) Police Chief. That should be done immediately. The second prong would be to study city -wide traffic issues. Staff had a difficult time defining what the scope of that effort should be. Staff has learned that a number of cities have gone through similar discussions. The effort could be about implementing a city -wide policy for speed. Some cities established a process for assessing residents' requests for changes to various related items (e.g.; sight lines, street signs). He thought it would be worthwhile to more thoroughly research what other cities have done before moving forward with this study. Staff recommends having a work session sometime this fall, after budget deliberations, to discuss all of the information staff has gathered and define the mission of the group that will take on this effort. The membership of this group would be different than that of group studying the above corridor. Joynes reiterated staff recommends moving forward with the corridor study as soon as possible and it will provide Council with quotes for engineering services to assist with that effort. He recommended Council consider having the City advertise for residents who would be interested in participating in that effort. Mayor Zerby stated the committee that would study the corridor would be akin to a beta committee. There is a need for that committee to be established quickly so it can discuss the issues. Maybe some of the lessons learned and the solutions the group proposes could be used on a broader scale. He then stated some cities have a complete streets program that covers how streets should be designed and be shared with moving vehicles, pedestrians and bicyclists. He questioned the need to restrict the committee membership to residents who live in specific areas of the City. He expressed confidence that residents who live in the vicinity of the corridor will come forward to participate quickly. He stated the charter of the committee should be to study the corridor "pain point ". Councilmember Sundberg asked Administrator Joynes if he envisions WSB staff managing the process and facilitating the committee meetings as well as providing the technical expertise. Joynes clarified that staff does not envision WSB staff managing the process. The technical support would come from them. Joynes stated staff did discuss who that should be. It should be a source the City provides and pays for. The City should take credit for the information and stand for its validity. There are previous studies that may be relevant to this study. Staffing the committee in terms of minutes and logistics are not known at this time. He noted that staff is already having difficulty with workloads. Sundberg noted that she thought a third -party approach would be better; use someone with experience in facilitating this type of effort. Joynes there is a senior member with WSB that staff is trying to get for this. Mayor Zerby noted that in the past the City has used TKDA, as well as other firms, for studies like this. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 27, 2015 Page 7 of 10 Councilmember Labadie asked what the committee members' time commitment would be. When residents were considering applying for consideration on the MCC Planning Advisory Committee (PAC) they wanted to know how much time they were committing to and the days they would meet. Administrator Joynes stated the PAC determined its meeting schedule. Administrator Joynes stated he won't know the scope of the effort until the City receives a proposal from WSB. He explained there will be an education component to the study. Traffic calming options will have to be discussed. The corridor needs to be studied to determine what options are feasible. The options that have already been mentioned need to be discussed with public safety. He clarified that it was going to involve much more than just one or two meetings. Staff envisions it taking about six months and maybe Longer. Councilmember Siakel stated she agrees it is about educating people first and. then getting into details. She suggested residents living along Eureka Road, Smithtown Road and Strawberry Lane should also be allowed to participate. Mayor Zerby stated the roadways included could be identified as traffic zone 1. Councilmember Siakel suggested writing a mission statement describing what the committee's objective is for the corridor study. Administrator Joynes stated staff will solicit residents to offer to participate and Council can make the selection. Ken Huskins, 24075 Mary Lake Trail, noted he has corresponded with Mayor Zerby and one other member of Council via email earlier this week after having read the memorandum from Administrator Joynes. He applauded Joynes for including additional roadways (not just the three roadways that are part of the collector route from County Road 19 to Highway 7) in the study. He asked Council to reconsider taking a two - pronged approach to studying traffic. He stated there have been traffic issues in the City for a long time. There are issues outside of the corridor that will be impacted by the MCC redevelopment. From his vantage point having one committee study traffic in its entirety has advantages. It would emphasize the importance of the issue being city -wide as opposed to it being just a regional concern. It would also allow everyone an opportunity to participate in coming up with a unified solution as opposed to a nonintegrated solution. He thanked Council for the opportunity to speak. Henry Miles, 24035 Mary Lake Trail, stated it is his understanding that because of the Mattamy redevelopment of the Minnetonka Country Club property improvements to Country Club Road have been talked about (e.g., widening the roadway, putting in traffic calming measures such as a parkway). The improvement could be done in conjunction with redevelopment. Thinking about things in a chunk is progressive and needed. Mr. Miles recommended the traffic committee address traffic myths that he is not sure are true. One of the myths is that one way to address traffic issues is with police enforcement. He stated that SLMPD Interim Police Chief Siitari, an accomplished individual, has told him that enforcement options along the cut thru are limited or nonexistent because the cut thru is so poorly designed. Part of the poor design is because there is no place for the police to park. Also, there are limited police resources because most of the police resources are being sucked into Excelsior to deal with DWI incidents. That enforcement myth needs to be dispelled. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 27, 2015 Page 8 of 10 A second myth is related to emergency response. He spent time talking to EFD Chief Gerber who gave him an in -depth tutorial about how the Fire Department calculates response times. He then stated he has unusual sleep patterns which most often cause him to be up from midnight to 2:00 A.M. During that time he watches the view across Mary Lake while he works. During the 17 years he has lived in his home and watched that view during those hours he has never seen emergency lights come off of Minnetonka Drive. They always go west on Yellowstone Trail; not east. He asked Chief Gerber, who is a very competent person, if his observation was correct. He conveyed that Chief Gerber indicated it was correct. Chief Gerber told him that at times the Fire Department does go down Country Club Road and then east on Yellowstone trail and on to Lake Linden Drive. The Department often goes west off of Minnetonka Drive onto Yellowstone Trail to get to Lake Linden Drive. He asked Chief Gerber if he would think he was crazy if he said there may be a solution by making Minnetonka Drive a one -way roadway that goes south and Country Club Road a one -way roadway that goes north without impacting emergency response. He related that Chief Gerber told him he would not think he was crazy. From his perspective there are myths about one -way traffic and emergency response that that have become sacred cows in this community. The myths need to be addressed if solutions are to be found. Mr. Miles then stated that during the budget work session immediately preceding this meeting he heard that there are limited funds for roadway reconstruction without special assessment. He also heard funds will not be reallocated from Badger Park improvements or some other area to roadway improvements. He asked if people are just "howling at the moon ". If people are "howling at the moon" he recommended not moving forward with this. The committee needs to move forward with the understanding that the City will find the funds to do what the committee recommends, which may mean dispelling some myths in the process, to move this along. Mr. Miles noted that Director Nielsen is on record saying that the cut thru is substandard and that the intersection at Lake Linden Drive /Highway 41 and Highway 7 is "severely congested" (Nielsen's words). He stated that in the context of the proposed development which is now 140 houses the traffic issues need to be taken seriously and they should be addressed. Administrator Joynes reiterated staff will solicit people for the traffic committee and will bring that information back to Council for its next meeting. Mayor Zerby stated along with a recommendation for outside services to help with the traffic study. A. Administrator and Staff 1. Trail Schedule Mayor Zerby noted the meeting packet contains a copy of the Trail Schedule. Engineer Hornby noted that the trail schedule is up to date. The owners' of properties where the City needs easements have all agreed to the easements. The plans for the Smithtown Road sidewalk east extension have been submitted to the agencies for review. Staff will respond to comments from the Minnesota Department of Transportation. Mayor Zerby asked if staff has responded to the Minnetonka Creek Watershed District's (MCWD) request for additional information. Hornby staff has been doing that as well. CITY OF SHOREWOOD REGULAR COUNCIL 'MEETING MINUTES July 27, 2015 Page 9 of 10 2. Minnetonka Country Club Redevelopment Open House July 28, 2015 Director Nielsen stated that during January staff asked Council if it wanted the mailing list for Minnetonka Country Club (MCC) redevelopment open houses and public meetings to be expanded from the normal 300 feet. Council decided that should be done. Therefore, a notice for the July 28 open house was mailed to about 750 residents about 1.5 weeks ago. The area extended to the LRT Trail on the west end and the north end, the Shorewood/Excelsior border on the east end and Highway 7 on the south end. The open house will be held at the Southshore Center from 5:00 — 7:00 P.M. The first public hearing for the MCC project is scheduled for August 4. Other Engineer Hornby stated the reconstruction of Star Lane is in process. The storm sewer is close to being complete. Watermain has been installed and all of the services are in. He has not received a report on the testing yet. The property owners are already asking when they can connect to City water. Mayor Zerby stated it did not look very nice in that area after the recent heavy rains because the asphalt had been removed. Hornby stated the area is very wet and it gets a lot of water from the surrounding area as well. The redesign should improve the drainage situation quite a bit. He noted that from his perspective he thought it was in relatively good condition considering all of the rain. He stated it appears residents are able to get to and from their properties. Mayor Zerby asked if staff has received any comments from residents about construction vehicles for the Boulder Cove development in Chanhassen. Engineer Hornby stated he has not received. any complaints for quite a while. Zerby then asked Hornby if he has looked into the size of the mouth of the roadway at the entrance into the development. Homby stated someone from his office will look into that as part of the mill and overlay project. Director Nielsen explained he attended a session put on by the Three Rivers Park District (TRPD) related to deer management. The focus was about baiting and shooting deer with firearms. A number of cities have used that management option including the City of Edina. The cities that used it were pleased with the results. They had much bigger deer management budgets than Shorewood has. TRPD representatives indicated that option should only be used when there are a lot of deer at one location. It is not the best option if a city is just trying to maintain the deer population which is what he thought Shorewood was doing. The Department of Agriculture has a squad that does deer removal. Cites are charged for the squad's time and effort. The squad costs about one -half of the cost of private firms that do the same thing. Private firms charge about $300 per deer. He commented that he was surprised at the type of weapons the squad uses. He noted staff will continue to look into that option. Administrator Joynes stated the finalists for the SLMPD police chief position will be interviewed on August 12 by the SLMPD Coordinating Committee. He then stated that on behalf of City staff he thanked Council for hosting the appreciation event on July 24. It appeared that everyone had a good time on the boat cruise. B. Mayor and City Council Councilmember Siakel stated she attended the July 22 Excelsior Fire District (EFD) Board meeting. The EFD's call volume for July was up significantly primarily related to the storms that came through the area. Many calls were because of downed trees causing downed power lines. She noted fire fighters cannot respond to calls for downed power lines until Xcel Energy has determined a line is not hot. She then stated the Board unanimously recommended a 2016 Operating Budget and Capital Improvement CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 27, 2015 Page 10 of 10 Program for approval to the EFD member cities. Shorewood Council will consider the budget during its August 10 meeting. Shorewood's contribution will increase just over $I,000j for 2016 when compared to 2015. Shorewood pays about 38 percent of EFD budget. She noted that EFD Chief Gerber did a very good job preparing a very good budget. Chief Gerber does a very good job for the member cities; he is a great asset for the community. Mayor Zerby stated the Excelsior Firefighters Relief Association (EFRA) held its annual fund raising dance on July 17. Zerby asked Administrator Joynes to forward EFD budget documents to all of Council. Administrator Joynes stated he would do that. Zerby also asked that emails about significant incidents in Shorewood also be forwarded to all of Council. Zerby apologized for not being at the appreciation event. He has heard that people thought it was a wonderful outing. He explained he received a scholarship from the Urban Land institute to attend a summit titled Building One America held in Washington DC. Some of the things he heard about included affordable housing, integrated housing and transportation issues. While there he had the opportunity to get to know the Mayors of Brooklyn Center and Richfield. Zerby stated the SLMPD Coordinating Committee will discuss the draft 2016 SLMPD budget on July 29. �4 T" Woodruff moved, Siakel seconded, Adjourning the City Council Regular Meeting of July 27, 2015, at 8:00 P.M. Motion passed 510. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ()eo�- fAvavak(l, Jean Panchyshyn, City Clerk e tt Zerb , ayor