Loading...
11-23-15 CC Reg Mtg MinCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 23, 2015 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:03 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 Labadie moved, Woodruff seconded, approving the agenda as presented. Motion passed 5/0. 2. APPROVAL OF MINUTES A. City Council Work Session Minutes, November 9, 2015 Sundberg moved, Woodruff seconded, Approving the City Council Work Session Minutes of November 9, 2015, as presented. Motion passed 510. B. City Council Regular Meeting Minutes, November 9, 2015 Labadie moved, Sundberg seconded, Approving the City Council Regular Meeting Minutes of November 9, 2015, as presented. Motion passed 5/0. Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Woodruff seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. Approval of the Verified Claims List B. Adopting RESOLUTION NO. 15-082, "A Resolution Accepting Improvements and Authorizing Final Payment for 2015 Street and Utility Improvements — Sunnyvale Lane, City Project 14-014." C. Adopting RESOLUTION NO. 15-083, "A Resolution Approving Change Order No. 2 for the 2014 Mill and Overlay Improvement Project, City Project 14-04." CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 2 of 14 D. Adopting RESOLUTION NO. 15 -0849 "A Resolution Accepting Improvements and Authorizing Final Payment for 2014 Mill and Overlay Improvement Project, City Project 14 -04." E. Adopting RESOLUTION NO. 15 -085, "A Resolution Accepting Improvements and Authorizing Final Payment for 2015 Crack Fill and Seal Coat Project." F. Adopting RESOLUTION NO. 15 -086, "A Resolution Directing Chanhassen Delinquent Charges be Placed on the 2015 Property Tax Rolls." Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING A. Report by Representative Deborah Zorn on Lake Minnetonka Conservation District Activities Mayor Zerby stated that the City's Representative Deborah Zorn had a family emergency and therefore could not be present to report on Lake Minnetonka Conservation District activities this evening. She will do so during Council's regular meeting in December. 8. PLANNING A. Report on the November 17, 2015, Planning Commission meeting. Planning Commissioner Davis stated that everything the Planning Commission discussed and recommended for approval during its November 17, 2015, meeting is on this meeting's agenda. (The matters considered and actions during that meeting are detailed in the minutes of that meeting). She noted that she had been encouraged to point out that the zoning text amendments on the agenda had been recommended for approval by the Planning Commission before. B. Conditional Use Permit for Outdoor Sales and Display (Auto Sales) Applicant: William Kasper, WS Sales of Shorewood Location: 19245 State Highway 7 Director Nielsen explained William Kasper, representing WS Sales of Shorewood, proposes to operate a used car sales business behind the office building located at 19245 State Highway 7. The company will lease a small portion of the building for an office and the company would like to display as many as 10 used cars on the rear parking lot. The applicant's proposal is based on a similar conditional use permit (C.U.P.) issued in 1998 to Pelican Car Company for the same site. Pelican operated for a short time as a low -key operation. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 3 of 14 The property is zoned C -1, General Commercial. The C -1 District allows open and outdoor sales by C.U.P. The property contains approximately 18,152 square feet of area. It has frontages on both Vine Hill Road and the service road for Highway 7. With regard to the analysis of the case, Nielsen reviewed how Mr. Kasper's request complies with Section 1201.21 Subd. 4.e. of the Shorewood Zoning Code. 1. The proposed outdoor sales area cannot be larger than the gross floor area of the principal use. The office building contains 3000 square feet of floor area. A car parking space occupies 180 square feet. Therefore, there could be as many as 16 spaces for auto display. The required parking will dictate how much display area can be allowed on the site as noted in item 5 below. 2. The proposed auto display area is only visible to adjoining residential properties on the east side of Vine Hill Road, in the City of Minnetonka. These residences are fairly well screened already. The applicant proposes no additional site lighting. Lighting from adjoining property (i.e., the mini storage) is apparently adequate for security purposes. 4. The area proposed for auto display is already paved. The City's Ordinance requires the display to be on some type of surface. The display area cannot take up parking area that is required for the principal use. Based on the size of the building, 15 parking spaces are required (one space per 200 square feet of floor area). The site has 26 spaces if the parking lot is striped as proposed on the site plan. That would leave I I spaces for display vehicles. The applicant has indicated that he would need no more than five to ten spaces. 6. The 1998 C.U.P. for this property addressed several of the negative aspects often associated with used car lots such as excessive signage and attention- getting devices (banners, balloons, strobe lights, price signs painted on windshields and so forth). If approved, the C.U.P. for WS Sales should contain similar restrictions. 7. As proposed, the applicant's request is consistent with the requirements set forth in Section 1201.04 Subd.l .(d) (general requirements for conditional uses) of the Zoning Code. Nielsen stated assuming WS Sales will be operated similar to how Pelican Car Company operated staff recommends approval of the C.U.P. subject to the following conditions. 1. The applicant should submit a detailed signage plan showing the size and location of proposed signs. The applicant has indicated that its business sign would be located on the free - standing, multi- tenant sign in front of the building. Attention- getting devices should not be allowed. Price signs on the cars should be limited to small signs (maximum 3 -inch lettering) inside the vehicle. 2. The display of cars should be limited to no more than ten designated spaces in the rear parking area. The display area should be clearly marked with small signs marking the display spaces. 3. No repair of vehicles shall be allowed on the site. 4. Lighting shall be limited to that which currently exists on the site. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 4 of 14 5. The parking lot must be striped according to the site plan. The portion of the parking lot shown as "to be removed" was removed for the 1998 application. Due to the narrow aisle width shown for the angled parking, which is necessary to achieve the required number of parking and display spaces, a "Do Not Enter" sign should be posted at the Vine Hill Road Driveway. 6. Cars must be delivered to the site on small trucks or driven in. No on- street loading shall be allowed. 7. The parking lot striping and signage must be in place before cars are delivered to the property for sale. Nielsen noted the Planning Commission unanimously recommended approval of the C.U.P. Mayor Zerby asked what is located across from the exit from the site onto Vine Hill Road. Director Nielsen stated it is single- family residential. Zerby then asked if there is concern about vehicle headlights shining on to a residential property. Nielsen noted that is already an existing driveway and stated he does not think a lot of additional traffic would be generated by the business. Zerby stated because the exit will be one way he thought the traffic would be at least doubled; it is currently a two -way exit. Nielsen clarified that some of the vehicles could back out of certain spaces and leave the site a different way. Zerby questioned if it would make more sense to have the one -way go the opposite direction so vehicles don't shine their lights on the residential properties across from the site. Councilmember Woodruff stated that making the exit on to Vine Hill Road one way would force the existing tenants to possibly change the way the enter and exit the site. Councilmember Sundberg stated from a business perspective she thought it would be better to enter onto the site from the service road to the north because the business would be more obvious. Councilmember Siakel asked if current tenants are exiting the site on to Vine Hill Road. Director Nielsen stated that he thought that for the most part they come on to the site and exit off on the site on the service road. Director Nielsen noted that a portion of the parking lot is used a little as overflow parking for the restaurant next to the site. That is being done without permission and would likely come to an end. He stated he does not think there would be much traffic during the evening hours. Mayor Zerby commented that it gets dark late afternoon during the winter. Councilmember Sundberg asked if the property owner has expressed concern about vehicle lights. Director Nielsen stated concern has been expressed about the traffic; not vehicle lights. Director Nielsen noted that Mr. Kasper indicated the office hours would be from 9:00 A.M. — 5:00 P.M. Councilmember Woodruff asked how far away the residential property to the east on Vine Hill Road is from the parking lot. Director Nielsen responded it is more than 100 feet to that property line and the setbacks are probably 30 — 35 feet. Councilmember Siakel asked if there is screening between the parking lot and the street. Director Nielsen stated it is screened fairly well. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 5 of 14 Mayor Zerby asked what the impact of not having angled parking would be. Director Nielsen stated the number of possible parking spaces would be less. Zerby asked how many would be lost. Nielsen stated he did not know. Councilmember Labadie stated the City received a letter (a copy of which is on file) from the owners of the property located at 5117 Vine Hill Road which is across the street from the proposed used car lot. Harry and Heather Millen expressed concern that the traffic generated by the used car lot could impact the residential use of their property. Councilmember Woodruff stated their letter indicated they were 20 feet from where the used car lot would be yet Director Nielsen indicated they are more than 120 feet away. Councilmember Siakel asked if there would be a sign on the parking lot indicating it was one way. Director Nielsen stated the applicant would have to provide the signage plan. Mayor Zerby stated he would prefer that there would be no angled parking spaces so the exit / entrance from / to Vine Hill Road would not have to be one way. Director Nielsen reiterated parking spaces would be lost. Councilmember Siakel questioned how much traffic would be generated from the proposed business if there were only six cars on display. Councilmember Sundberg stated she thought people were trying to find a problem when there would not be one. She noted she thought the proposal was fine. Mr. Kasper stated that realistically WS Sales is looking for just five additional spaces for display. Mayor Zerby asked if having only five display spaces would eliminate the need for the one -way exit. Councilmember Woodruff stated that when the Planning Commission discussed this application Mr. Kasper indicated they would attract business via Craig's List or other social media. He assumes viewings would be by appointment. Mr. Kasper indicated the office hours would be listed on the back side of the building and on the office door. Councilmember Woodruff stated he thought the traffic generated by the business would be low. Councilmember Labadie stated that she is generally concerned about the impact from traffic and for this application she does not have that concern. Woodruff moved, Sundberg seconded, Adopting RESOLUTION NO. 15 -0879 "A Resolution Granting a Conditional Use Permit for William Kasper, representing WS Sales of Shorewood, 19245 State Highway 7" for outdoor sales and display of automobiles. Mayor Zerby stated he wants the entrance / exit on to / from the site to remain two -way. Councilmember Siakel stated she does not think there is a need for a one -way exit from the site. Director Nielsen explained that currently there is a need for 15 parking spaces and if there is a need for 10 parking spaces for display angled parking spaces is the only way to achieve that. Mr. Kasper noted the State of Minnesota requires a minimum of five spaces. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 6 of 14 Without objection from the seconder, the maker amended the motion to remove the requirement for the exit on to Vine Hill Road to be one -way, to limiting the number of spaces for displaying cars to five and directing staff to adjust the site plan accordingly. Motion passed 510. C. Minor Subdivision Applicant: Charles Bennett Location: 24835 Yellowstone Trail Director Nielsen explained Charles Bennett owns the property located at 24835 Yellowstone Trail. He would like to return his property to two lots; the way it was originally platted. Some previous owner legally combined the lots into one. Another previous owner had applied for a minor subdivision but never followed through on it so the approval expired. Mr. Bennett has requested approval of a minor subdivision, splitting the property into two lots. With regard to the analysis of the case, Nielsen explained the resubdivision of the lots into two building sites simply separates them back to their original configuration. Both of the proposed lots would comply with the requirements of the R -1C Zoning District in which they are located. Nielsen noted that based on the analysis of the case staff recommends approval of the minor division subject to the following conditions. 1. The applicant must provide deeds for drainage and utility easements, 10 feet around each lot. 2. The applicant must provide an up -to -date (within 30 days) title opinion for review by the City Attorney. 3. Prior to release of the resolution approving the request, the applicant must pay one park dedication fee ($6500) and one local sanitary sewer access charge ($1200). He gets credit for the lot with the house on it. 4. Since the division itself does not result in the removal of any trees from the property, tree preservation and reforestation can be addressed at the time building permits are applied for. Nielsen noted the Planning Commission unanimously recommended approval of the minor subdivision. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 15 -088, "A Resolution Approving Subdivision of Real Property for Charles Bennett, 24835 Yellowstone Trail." Motion passed 5/0. D. Zoning Text Amendment Regarding Density and Parking Requirements for Senior Housing Applicant: Oppidan Investment Company Location: 23075 State Highway 7,6020 and 6050 Chaska Road Director Nielsen explained Oppidan Investment Company, located in the City of Excelsior, has arranged to purchase the properties at 23075 State Highway 7 and at 6020 and 6050 Chaska Road and proposes to develop them as a senior housing project. Oppidan has requested amendments to the Zoning Code related to density and parking spaces for elderly housing. Oppidan asks that the density for elderly housing in the R -C, Residential Commercial zoning district be increased from 10 units per acre to 12 units per acre, that the assisted living units be counted as half units CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 7 of 14 for the purpose of calculating density, and that the parking requirement for elderly housing be reduced from two spaces per unit to 1.5 spaces per unit. If the parking space reduction is approved, the applicant would allow for 1.5 spaces per unit and it would have to show where an additional one -half space per unit could be located on the site should parking become a problem in the future. He noted those requested text amendments were taken from a proposed code amendment the Planning Commission voted unanimously to recommend adoption of in the spring of 2014. The City Council ultimately tabled the amendment. He explained that amendment included some special conditions for the Smithtown Crossing Redevelopment Study Area. Oppidan does not need those conditions. He then noted there is a discrepancy between two sections of the City Code which address building height. He explained Section 1201.19 Subd. 6. of the Zoning Code limits building height in the R -C zoning district to two and a half stories or 35 feet, whichever is least. Section 1201.03 Subd. 20 states that elderly housing shall not exceed one and a half stories, except in the R -3A, R -313, and R -C zoning districts where three -story buildings are allowed. He suggested the discrepancy be addressed in the text amendment. He thought the one and a half story requirement is a typographical error. The applicant has asked that three stories be the standard. He explained the City Council ultimately tabled the amendment in 2014 in part because there was some interest in seeing what a project would look like under those requirements. Oppidan has submitted some illustrations showing what the development could look like if the changes to the Code were approved, noting they are not part of this approval. He displayed those illustrations and highlighted various elements. During the public hearing for the text amendments some residents expressed concern about the locations of the driveways on the illustrations. The illustrations show two stories above ground along with some underground parking. Oppidan provided a copy of a market study it had done for senior housing for independent living, assisted living and memory care living in that area. The only senior housing Oppidan's proposed development would be in completion with is BeeHive Homes just south of Highway 7 and west of Highway 41 in the City of Chanhassen. Nielsen noted that the Planning Commission has again recommended approval of the text amendments. He explained that if they are approved Oppidan would then submit site plans and building plans for consideration. Elderly housing has to be done by planned unit development (PUD). In response to a question from Councilmember Siakel, Director Nielsen stated the Planning Commission recommended three stories for senior housing in the R -C District and that is what is indicated in the resolution. Commissioner Davis clarified that the amendment recommended by the Commission states three stories, or 35 feet, whichever is least. Nielsen stated 35 feet is already in the code. Mayor Zerby asked Director Nielsen to explain the proof of parking provision. Nielsen explained it is a tool that is used when a certain development does not require the number of parking spaces stipulated in the Ordinance. Because the City is not sure that would be true or if there is concern that the use could change in the future requiring more parking, the City requires proof of parking. The site plan would show one and one -half parking spaces per unit as well as where the additional one -half space per unit could be provided on the site when the use changed. Zerby noted that he likes the 35- foot - height restriction. He stated lie appreciated seeing the illustrations Oppidan provided. He noted that he could support the text amendments proposed. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 8 of 14 Commissioner Davis stated the residents who attended the public hearing on this were told the illustrations were schematic only. The actual plans could be quite different. Councilmember Labadie stated she recollects discussing the amendments when she was a member of the Planning Commission. She asked if BeeHive Homes has one and one -half parking spaces per unit. Director Nielsen responded he does not know. Councilmember Siakel stated she thought the concept makes sense. She expressed concern that there could end up being too much senior housing in a small area. She stated she thought there are areas other than near Highway 7 that would be conducive to senior housing. Councilmember Sundberg stated she is not sure that is true because there is a backlog of applicants for Presbyterian Homes and noted she would not second guess Oppidan's market analysis. Councilmember Woodruff stated he was excited that Oppidan has a plan to build senior housing in Shorewood. He then stated he thought the market study Oppidan had done was quite thorough and that it may present a little bit of a pessimistic view of what the market might be. Woodruff moved, Sundberg seconded, directing staff to prepare a formal amendment to the City Code for adoption during Council's December 14, 2015, meeting. Motion passed 5/0. Director Nielsen noted that he will find out what the parking requirements are for BeeHive Homes. 9. ENGINEERING/PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Lake Minnetonka Communications Commission Quote for Iligh Definition Upgrade Administrator Joynes explained that during its November 9, 2015, meeting Council discussed how the City would use the $22,800 the City could receive from the Lake Minnetonka Communications Commission (LMCC) from PEG (public, educational, and governmental) fees Shorewood Mediacom cable subscribers paid. Staff was asked to solicit a quote for upgrading the audio /video (A /V) equipment for the Council Chamber to high definition (HD). The meeting packet contains a copy of the quote from Alpha Video for an amount of $23,605. The City has sufficient funds to cover the $805 difference out of the Technology Fund. The City could also use the money for other purposes that were discussed on November 23 provided those purposes would promote the viewership of government programing provided on public access channels. Mayor Zerby noted that he had previously stated he supports upgrading the A/V equipment in the Chamber. He clarified that the $22,800 is not tax payer money; it is franchise money. Councilmember Woodruff stated the upgrade proposal is for two cameras yet there are three in the Chamber. Mayor Zerby explained that there used to be just two cameras in the Chamber until he asked for a third lower quality camera to be installed to capture an audience view. The third camera does not have the same color clarity as the two rotating cameras and it is not used as much as the other two cameras. Woodruff then stated the quote includes the cost for a 1 -year service maintenance agreement. That is above the 90 -day warranty on the systems installations. The hardware is covered by the manufacturer's warranty but it does not say for how long. He assumes the hardware is covered for 1 year. Based on his professional experience he doesn't recommend purchasing the extended warranty (i.e., the maintenance CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 9 of 14 agreement). He stated he would be willing to take the risk of not purchasing the 1 -year maintenance agreement and save the $1,100. He thought if something is going to break it would do so within the first 90 days. Mayor Zerby stated he thought the service maintenance agreement would cover service calls with Alpha Video. Administrator Joynes stated he does not know what it would cover. Councilmember Siakel stated she continues to think there are other uses for the $22,800. Zerby moved, Woodruff seconded, authorizing the use of the $22,800 in reimbursed PEG (public, educational, and governmental) fees from the LMCC to upgrade the audio /video equipment in the Council Chamber per the quote from Alpha Video subject to deleting the $1,100 1 -year Service Maintenance Agreement from the quote. Councilmember Sundberg stated although she would vote for this she is somewhat cool about it. Councilmember Labadie stated she thought the same. Councilmember Woodruff stated the use of PEG fees is restricted by State and Federal law. It has to be used on capital equipment supporting public, educational and governmental programming. Mayor Zerby stated there had been a suggestion to use it for AN equipment for the Southshore Center. Unfortunately, the City does not have control of the Center at this time. The equipment for the Center would be used significantly less than the equipment in the Chamber. The LMCC has portable AN equipment that can be used at the Center. He then stated there is a possibility that the funding could disappear over time if the City does not use it because the LMCC could find other uses for those funds. Councilmember Siakel again noted that she thought spending about $22,800 to upgrade the Chamber AN equipment to HD was overkill. She stated there are communities around Lake Minnetonka that have moved away from broadcasting council meetings. She clarified she understands Mayor Zerby's perspective. Motion passed 4/1 with Siakel dissenting. B. Proposal from WSB & Associates for GIS Updates Engineer Hornby stated the meeting packet contains a copy of a professional services proposal from WSB & Associates to expand the DataLink Web Application for an amount of $1,224. WSB is currently hosting a web -based GIS (graphic information system) site for Shorewood using WSB's DataLink platform. The proposal entails adding the City's existing tree sign data and existing tree inventory data to the site mainly for use by staff. It also entails creating a usable public link that is not password protected so the public can access certain information on the site. It would be used in a similar fashion as Hennepin County's GIS system is used. Residents could eventually find out where fire hydrants are located in the City but they would have very limited access to other information about the City's water system. They would also have limited access to information about the City's sanitary sewer system, Mayor Zerby explained he met with WSB engineers a few weeks ago to review WSB's DataLink platform. It is a proprietary system that is quite robust and easy to use. They discussed how the online tool could be used from the City's website by residents. Putting additional data on the system would give staff easy access to data out in the field and at the facilities. CITE' OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 10 of 14 Councilmember Woodruff stated he thought doing this is a good idea for both staff and the public and that it would be interesting to find out how much the public would use it. He asked if things like the location of catch basins would be available on the system. Engineer Hornby clarified that access to storm sewer system information on the system would not be limited to the public. Zerby moved, Siakel seconded, accepting the proposal from WSB & Associates to expand the DataLink Web Application for the City of Shorewood for an amount not to exceed $1,224. Motion passed 510. 11. 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 . staff is trying to work with the contractor for the Smithtown Road east sidewalk extension to find out when tree removal will be started. The contractor wanted to wait until the leaves were down before it started to remove trees and the leaves have been down for quite some time. He thought the contractor was trying to complete other projects that were in progress. Engineer Hornby stated the Excelsior Boulevard trail segment between Manor Rod and Barrington Way has been paved, striped and turf has started to come up. It looks very nice. The contractor is working on a few punch list items. He anticipates the Metropolitan Council Environmental Services (MCES) will send Shorewood an invoice for what it owes for the trail per the cooperative agreement. 2. Excelsior -Lake Minnetonka Chamber of Commerce Banners Director Nielsen explained the Excelsior -Lake Minnetonka Chamber of Commerce ordered holiday banners to primarily hang on some of the light poles at the Smithtown Road and Country Road 19 intersection. Unfortunately, it did not purchase the brackets needed to hang them up and the City does not have any. The brackets the Chamber has work for wreaths but not banners. Staff will work with Chamber members to secure the brackets for next year. Mayor Zerby stated he thought the Chamber made a concerted effort to do something in Shorewood. He had mentioned to Chamber representatives that the Chamber does a good job in the City of Excelsior but it does not do anything in Shorewood. When he noticed the poles had a place to hang banners he suggested the Chamber hang some there. He thanked staff for working with the Chamber on that. Other Director Brown explained that he, Director Nielsen and Building Official Pazandak met with project representatives for the Davis development that is being constructed near the intersection of Grant Lorenz Road and Birch Bluff Road. They discussed drainage flowing on to the roadway versus staying on the site. The developer has a plan for dealing with that during the next phase of the project and that should resolve the issues. They also discussed sight distance issues at the intersection of Grant Lorenz Road and Edgewood Road. Both should be mitigated very soon. A number of the arborvitae will be moved and a security fence will be put up for a few days. The fence will be taken down after the arborvitaes have established themselves and a more decorative fence will be put up inside of them. The Planning Department will monitor those items. CITE' OF SHOREWOOD REGULAR COUNCIL. MEETING MINUTES November 23, 2015 Page 11 of 14 Brown then explained that Michels is directional boring an additional gas main along Grant Lorenz Road. That is separate from the Davis project. Michels has been issued a right -of -way (ROW) permit. He and Engineer Hornby are making a concerted effort to manage chaos in that area during construction. Michels has tried to investigate where sanitary sewer services are on residential properties. Staff goes out to assess what is going on a daily basis. Hopefully that project will be done very soon. Mayor Zerby asked how neighbors are being kept informed about what is going on. He noted that Council has been forwarded a few emails over the last few weeks about issues with the construction efforts. Director Brown stated staff can put updates on the City's website and send out tweets. Zerby stated he would like the residents to know the City is working on residents' behalf. Brown stated the same thing can be done for Birch Bluff Road as well. Councilmember Woodruff asked what the time line is for the Davis project. Director Nielsen stated he thought it would go on for another two years. Councilmember Labadie stated she has observed large construction equipment parked between the arborvitaes and the roadway and that just exacerbates sight line issues when driving around the curve. The equipment is also there after work hours. Director Brown thought that equipment was Michels. Brown then stated he thought workers for the Davis project park offsite and get bussed to the work site. Councilmember Siakel stated there had been discussion about putting up a stop sign at the big intersection. Director Nielsen explained staff has met on site with a small subset of neighbors twice. He asked them to submit a small petition asking Council to direct staff to do the additional work. He does not think the petition is essential. It appears the residents are reluctant to do that. The issues in that area will become more complicated because the house on the east side of the fire lane is going to be torn down and a new one will be built over the next year or so. The neighbors have been told that staff and the contractors are looking at short-term and long -term solutions. The contractor for the house project next to the Davis property has been asked to submit a construction management plan similar to what was submitted for the Davis project. The additional signage could be short-term during the construction projects or it could be for the long -term. Nielsen stated there is a sweeping turn when going south on Grant Lorenz Road and then west on Edgewood Road and it not defined very well. That compounded with the arborvitaes make for a bad situation. Staff has discussed putting a yield sign there temporarily. It may be necessary to redefine the intersection for the long -term. Councilmember Siakel suggested doing something sooner versus later. Nielsen stated the City is not waiting for a petition. Councilmember Siakel stated she had spoken with Director Nielsen about all of the cement trucks that have been traveling down Noble Road. Nielsen stated he had spoken with construction personnel about that. Director Brown stated she agrees with the need to do something with signage sooner versus later. She then stated that three times each weekday morning and again each afternoon school buses go through there. The elementary, middle and high schools all have bus routes through that intersection. Director Brown stated the City's snow plows are ready for the coming snow season. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 12 of 14 Brown explained the construction contractor the Smithtown Road west sidewalk (from the LRT Trail to the Victoria border) is doing some warranty work. Staff asked that contractor to do the restoration work at the site of the most recent watermain break. Engineer Hornby stated there is a new house being constructed along Eureka Road South just north of Highway 7. Water service was recently put in so there was some disruption to the trail in that area. He is not sure that pavement will be put down there before winter. When the sewer line for that house is put in there will be more excavation. Hornby then stated that he has been working directly with CenterPoint Energy for the gas main project along Grant Lorenz Road and Birch Bluff Road and Director Brown has been working directly with Michels the contractor. He noted that he has a construction engineer stopping by to check on the progress. He anticipates there will be some more unavoidable excavations of the pavement because of the location of the gas main. The excavation material taken out is put back relatively quickly. Permanent pavement will eventually be put down. Councilmember Sundberg asked for an update on the Renewable Energy project. Engineer Hornby stated he is in the process of drafting a memorandum for Council with the consultants and noted that the consultants are waiting for data from Xcel Energy and CenterPoint Energy. Sundberg asked if that will be available in time for the Minnetonka Country Club (MCC) development. Hornby stated staff has been reviewing Development Stage plans for the project. He explained the consultant- suggested modifications to the ordinances regarding renewable energy will become part of the Development Agreement. The ordinance amendments will be worked on as time permits. Mayor Zerby stated that he has spoken with Engineer Hornby about incorporating the most current roadway standards into the plans as well, noting the City's standards are a little outdated. The new standards would be incorporated into the City Code at a future date. Engineer Hornby stated during the engineering plan review he will verify that those standards will be used. Director DeJong stated that there was a bond rating phone call earlier in the day with Moody's Investors Service about the refunding bonds for the public safety facilities. He noted that he, Ms. Heaton (with Springsted) and Deephaven City Administrator Young were on the call. He thought the call went very well. They anticipate the rating will be released on December 1, 2015, and they also anticipate there will not be any change in the rating. DeJong then stated Beacon Bank, the bank the City uses, is being purchased by Alerus Financial out of North Dakota. The close is scheduled for January 2016. The bank plans to maintain full service banking. He noted Beacon's headquarters is located at Highway 7 and Old Market Road, Director Nielsen stated the Shorewood Park Commission and Chanhassen Park Commission are - - -- scheduled to meet on November 24 to discuss the maintenance agreement the two Cities agreed on for Cathcart Park many years ago. He noted the Planning Commission will hold the public hearing to consider the Development Stage plans for Mattamy's MCC redevelopment project on December 1. Mayor Zerby stated that he and Director Nielsen discovered on Google that all of the street names for that project have some historical golf significance, Administrator Joynes stated the Tonka Bay City Council will consider the agreement that would allow Shorewood to snow plow the section of the Lake Minnetonka Regional LRT Trail that is in Tonka Bay on November 24. CITY OF SHOREWOOD REGULAR COUNCIL. MEETING MINUTES November 23, 2015 Page 13 of 14 Attorney Keane stated mediation about the Southshore Center is being targeted for December 10. B. Mayor and City Council 1. Southshore Center and City of Excelsior Proposal Administrator Joynes explained that he and Mayor Zerby met with representatives from the City of Excelsior and provided the counter proposal discussed by Council in an executive session regarding the Southshore Center and a potential senior housing project. The Excelsior City Manager had indicated to him earlier in the day that Excelsior was preparing a response and that the City should receive it next week. Zerby stated lie had forwarded the representatives information about the senior housing project discussed earlier this evening. Administrator Joynes stated there are a number of developers that are competing for the senior housing product. The first one or two in will likely knock the others out. They are very aware of the market for that product. Other Councilmember Woodruff stated he attended the Metro Cities and the League of Minnesota Cities (LMC) fall meeting on November 19. Metropolitan (Met) Council representatives indicated that in September 2015 it issued its 2015 Systems Statement and he thought the City should have received a copy of it. There are three new things that have to be considered in the Comprehensive Plan by 2017. There is a water sustainability section, an economic competitive section, and a building and resilience section. Met Council will provide some assistance and tools to cities if needed. It also has a local planning handbook on its website. There was a session on transportation. Commissioner of Transportation Zelle stated the Minnesota Department of Transportation (MnDOT) does not have enough money to do what needs to be done and that shortfall is going to get really bad beyond the next 18 months unless the State Legislature does something. Woodruff noted that Metro Cities and the League of Minnesota Cities both adopted all of their new policies. Councilmember Sundberg stated she attended the Excelsior Fire District (EFD) Board meeting on November 18, 2015, in place of Councilmember Siakel. The Board approved having a performance review conducted for Chief Gerber for a cost of $300 — $500. She then stated Excelsior Firefighters Relief Association (EFRA) President Duncan indicated that the EFRA Board will formally propose a salary increase for its Board Members in 2016. Councilmember Labadie noted the Kids Free Movie event is scheduled for December 5 at 9:30 A.M. at the Excelsior Dock Theater. The doors will open at 8:45 A.M. The movie is Big Hero 6. Kids are asked to bring a nonperishable food item for the food shelf. Santa and Sparky the Fire Dog will arrive at 11:00. Mayor Zerby asked when Council will receive a report on the 2015 Deer Management Program. Director Nielsen stated during Council's December 14 meeting. Nielsen noted that about 18 deer were harvested; about the same as in 2014. Nielsen stated he signed the City up for an aerial deer survey in 2016. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES November 23, 2015 Page 14 of 14 Mayor Zerby stated that the City website would be a good way for the City to keep residents updated on what is going on with the Mattamy MCC redevelopment project. The club house is being demolished and soil remediation work is being done. Councilmember Sundberg stated she has been asked how Mattamy can be doing work on the site when the final project plans have not been approved. That should be explained on the website. Councilmember Woodruff stated that beavers are decimating trees out on the Islands along Enchanted Lane. There is a danger that the trees will fall across the road after they gnaw them down. He asked if the City can legally reduce the beaver population. Director Brown stated there are trappers who can successfully trap and relocate beavers. Brown noted that Public Works personnel have put wire mess around a number of trees out there. Director Brown stated Public Works personnel have cleared out the Silver Lake outlet during the afternoon and by the next morning it is dammed up again. That has been done a number of times. Staff has discussed contacting trappers. 12. ADJOURN Woodruff moved, Sundberg seconded, Adjourning the City Council Regular Meeting of November 23, 2015, at 8:27 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: q tZerby, ay r Jean Panchyshyn, City Clerk