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02-08-16 CC Reg Mtg MinCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, FEBRUARY 8, 2016 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:01 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 Sundberg moved, Siakel seconded, approving the agenda as presented. Motion passed 510. 2. APPROVAL OF MINUTES A. City Council Executive Session Minutes, January 25, 2016 Woodruff moved, Labadie seconded, Approving the City Council Executive Session Minutes of January 25, 2016, as presented. Motion passed 5/0. B. City Council Regular Meeting Minutes, January 25, 2016 Woodruff moved, Siakel seconded, Approving the City Council Regular Meeting Minutes of January 25, 2016, as presented. Motion passed 510. 3. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Labadie seconded, Approving the Motion Contained on the Consent Agenda. A. Approval of the Verified Claims List Motion passed 510. 4. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 5. PUBLIC HEARING CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2016 Page 2 of 6 6. REPORTS AND PRESENTATIONS 7. PARKS 8. PLANNING 9. ENGINEERING /PUBLIC WORKS 10. GENERAL/NEW BUSINESS A. Making Appointments to the Planning Commission Mayor Zerby explained that just prior to this meeting Council met in a special session to interview candidates for the Planning Commission and the Park Commission. Councilmember Siakel noted she thought Council interviewed excellent candidates. Siakel moved, Woodruff seconded, Adopting RESOLUTION NO 16 -007 "A Resolution Making the Appointments of Marc Riedel (March 1, 2016 - February 28, 2017), Sue Davis (March 1, 2016 - February 28, 2019) and Dustin Maddy (March 1, 2016 - February 28, 2019) to the City of Shorewood Planning Commission." Mayor Zerby also noted he thought the candidates appreciation for the work Commissioners Davis and Commission and to the Planning Commission in general Motion passed 5/0. interviewed were excellent. He expressed his Maddy have done as members of the Planning B. Malting Appointments to the Park Commission Woodruff moved, Labadie seconded, Adopting RESOLUTION NO 16 -008 "A Resolution Making the Appointments of Paul Kobs (March 1, 2016 - February 28, 2019) and Stephanie Vassar (March 1, 2016 - February 28, 2019) to the City of Shorewood Park Commission." Mayor Zerby noted he there is still an open seat for a one -year term on the Park Commission. Motion passed 510. C. Council Chambers Audio/Video Updates Administrator Joynes explained that during its November 23, 2015, meeting Council approved upgrading the audio /video equipment in the Council Chambers to high definition (HD) and paying for most of it with the $22,800 the City would receive from the Lake Minnetonka Communications Commission (LMCC) from PEG (public, educational, and governmental) fees Shorewood Mediacom cable subscribers paid. The quote received from Alpha Video was for an amount of $23,605. The difference would be paid for out of the Technology Fund. The static camera that takes a long shot of the audience was not included in the original proposal. A quote was solicited for upgrading that camera as well. The quote is for $1,355 provided the upgrade is done at the same time as the other upgrades. If it upgraded at a later date the cost would be $1,615. He recommended that camera be upgraded at the same time as the other upgrades are done for video consistency reasons. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2016 Page 3 of 6 Councilmember Woodruff noted he supports upgrading the static camera so the quality of the audience video is the same as that for Council and staff. Woodruff moved, Siakel seconded, approving the upgrade of the third camera in the Council Chambers with the rest of the equipment upgrades at a cost of $1,355 to be funded out of the Technology Fund. Mayor Zerby noted that he also supports that additional upgrade. He also noted that the City had purchased a wireless microphone for use in the Chambers. Motion passed 510. D. Proposed Amendment to Chapter 501 of the Shorewood City Code (Nuisances) Relating to Air Pollution Director Nielsen explained when staff was preparing to bring a nuisance violation action against a homeowner relative to an outdoor wood burning furnace staff realized there should be some housekeeping changes made to the Nuisances ordinance in the City Code. The current language to some extent ties the City's hands. The language includes the word "and'; it has caused some issues for previous actions and should be replaced with "or ". The proposed new language for Section 501.04 Subd. 10 reads as follows. "The emission of smoke, gas, soot, dust or cinders, or other noxious and offensive fumes, in frequency or quantities as to render the enjoyment of property unpleasant, unhealthy, or uncomfortable to a person of ordinary sensibilities." If Council approves the change the amendment will be published and staff will then begin the enforcement action. Mayor Zerby explained that lie has been discussing this issue with Director Nielsen for some time. It has been affecting him and his family; a wood burning furnace is located right behind his home. Some residents living along Christopher Road have spoken to him about the issue numerous times. Wood burning furnaces have evolved since the one lie is speaking of was installed. New models have better cleaning systems. The existing furnace either needs to be upgraded or replaced. In response to a question from Councilmember Sundberg, Zerby explained that outdoor wood burning furnaces can only be used from October through April. Zerby stated he and Nielsen have discussed if EPA (Environmental Protection Agency) standards could be used to enforce the Code. They learned that the EPA does not have the equipment or staff time to come and measure the particles per million. Councilmember Sundberg asked if "ordinary sensibilities" is commonly understood. Director Nielsen stated the League of Minnesota Cities (LMC) uses that language quite frequently. Councilmember Woodruff stated he recollects there being one incident in the past about the problems a wood burning unit caused for nearby residents. Research was done on how other cities (in the State and outside of the State) addressed the issue. The issue can affect health. Director Nielsen noted that there is one section of the City Code that deals with wood burning furnaces. It precludes anyone from doing another one. He also noted that when the furnace near the Zerby property was installed it complied with the Building Code at that time. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2016 Page 4 of 6 Mayor Zerby clarified that the emissions from the wood burning furnace affect other residents as well as his family. He stated residents have expressed concern to him about things such as burning leaves in the fall. Woodruff moved, Sundberg seconded, Approving ORDINANCE NO. 525 "An Ordinance Amending Section 501.04 Subd. 10 of the Shorewood Zoning Code." Motion passed 5/0. 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 residents living along the west end of Smithtown Road have been noticed that the contractor will being clearing trees along the future Smithtown Road west sidewalk extension area the week of February 22, 2016, 2. No- Parking — Intersection of Edgewood Road and Birch Bluff Road Director Brown stated that per the request of Mayor Zerby staff is looking into possibly establishing a no parking zone at the intersection of Edgewood Road and Birch Bluff Road. One no parking area would start on part of Edgewood Road, go to Grant Lorenz Road and then go north of there. This will be on Council's February 22 meeting agenda. Notices will be sent out to residents living in the surrounding area for comment. Councilmember Woodruff asked if it would be a permanent no parking designation or would the restriction be removed when construction in that area is complete. He stated it is a difficult corner to maneuver. Mayor Zerby stated that based on his conversation with staff that area would normally be considered no parking area in order to keep the sight lines clear. In order to designate it as no parking Council needs to adopt a resolution and it has to be signed as such in order to be enforceable. Councilmember Siakel asked if the intent is still to put a stop sign at the intersection of Edgewood Road and Grant Lorenz Road. Engineer Hornby explained that based on comments staff received a yield sign was there years ago. Staff heard that when drivers stopped their vehicles at that location it was difficult for them to get their vehicles moving again particularly during winter. A stop sign could be placed there but he is not aware of there being any incidents at that location. Siakel explained that she lives on Birch Bluff Road which intersects with that intersection. She thought that intersection is hazardous. She also thought if the sight lines were improved on Edgewood Road heading east that would improve the intersection. It the sight Lines are not improved then a stop sign should be placed there. Director Nelsen stated staff has asked Chuck Rickart, a Professional Traffic Operations Engineer (PTOE) with WSB & Associates, to provide options for how to physically improve that intersection. He explained the curve has evolved over the years and drivers cut the corner. Public Works paves that area and the result is a sweeping curve. Drivers have a tendency to sweep around that corner. Mr. Richart was asked to determine if making that curve a smaller diameter would keep drivers from making that sweeping move. He noted the trees will be trimmed so there will be a 30 foot sight triangle on that corner. Engineer Hornby stated that should help the traffic on that corner. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2016 Page 5 of 6 B. Mayor and City Council 1. Proclamation for Tom Geng Mayor Zerby noted that the City lost a very dear and good friend named Tom Geng. Mr. Geng and his family lived on Enchanted Island and he had served as chair of the Planning Commission for many years. The full Council attended the service for him on February 5. He stated he had asked staff to prepare a proclamation. It reads as follows. A PR OCLAMA TION HONORING THOMAS GENG FOR HIS DEDICATED SERVICE TO THE RESIDENTS OF SHOREWOOD, MINNESOTA WHEREAS, the City of Shorewood and the broader Shorewood community lost a valued member and leader on January 30, 2016, with the death of Thomas (Tom) Geng; WHEREAS, Tom Geng served the residents of Shorewood, Minnesota with distinction on the Shorewood Planning Commission since being appointed on March 1, 2017; WHEREAS, Tom Geng will be remembered for his gentle, kind, and compassionate persona, as well as serving as a respected and dedicated member of the Shorewood community; NOW, THEREFORE, BE IT PROCLAIMED by the City Council of the City of Shorewood, that Tom Geng is hereby recognized and commended for his nine years of dedicated public service to the residents and employees of City of Shorewood; and BE IT FURTHER PROCLAIMED that the members of the Shorewood City Council and employees of City of Shorewood do hereby extend their deepest sympathy to the family of Tom Geng. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 8" day of February, 2016 Councilmember Sundberg stated she thought it was a wonderful tribute and it was well deserved. Tom Geng was a person who exemplified everything the City would want in a leader in local government. With his gentle Leadership style Tom took many controversial things, deescalated tensions about them, and got a productive dialogues going. They ultimately resulted iu outstanding outcomes. Councilmember Siakel stated she assumes a copy of the proclamation will be sent to Mr. Geng's wife Nancy. Mayor Zerby noted he had already emailed her a copy. Woodruff moved, Sundberg seconded, Approving a Proclamation Honoring Thomas Geng for His Dedicated Service to the Residents of Shorewood, Minnesota. Motion passed 510. Councilmember Sundberg recommended the City pay for the cost of publishing an article in the local paper summarizing the Proclamation. She wanted the public to be made aware of all of the contributions Mr. Geng made to the City and community. She asked if the City can provide his family with a nice copy of the Proclamation. Mayor Zerby responded that could be done. Councilmember Siakel agreed with the suggestion. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES February 8, 2016 Page 6 of 6 Other Councilmember Labadie explained that she, Director Nielsen, Director Brown and Park and Recreation Coordinator Grout met with representatives from the Tonka United Soccer Association to discuss a proactive approach to dealing with the traffic issues similar to those generated by the Association's Tonka Splash event (a large soccer tournament) in 2015. City representatives conveyed to them that Council had some concern that the size of 2015 event was not accurately characterized on the permit application. For the 2016 event the Association has taken steps to reduce some of the traffic. It has reduced the number of fields games will be played on by two. That means there will be 24 fewer players per hour per field. That also will reduce the number of fans that come to watch the teams. The Association was receptive to researching the feasibility and cost of offsite parking and shuttling people to Freeman Park. The parking lot at Minnewashta Elementary School and the parking lot at Our Saviors Lutheran Church were brought up as possibilities. People could not park at the Church on Sunday. Nothing major was decided during the meeting but City representatives made the City's expectations clear. She noted she would like the tournament to stay in Shorewood provided the Association follows the City's permit, parking and capacity rules. Director Nielsen stated there was discussion about giving residents more advance notice about the event. That notification should be in the City's newsletter and on its website. Mayor Zerby thanked them for taking those steps. He suggested there be adequate signage about parking in Freeman Park for tournaments. Councilmember Labadie explained that in 2015 there were volunteers from the Association directing drivers to park in parking stalls. Any driver who parked outside of a stall had their vehicle ticketed. Parking is not allowed on the grass anymore. She commented that the Association is going to increase its number of volunteers for the event. Councilmember Sundberg stated she has heard that the segment of the Lake Minnetonka LRT Regional Trail located in the City of Tonka Bay is being plowed, noting the runners who run on the Trail are very appreciative of that. Councilmember Woodruff stated in his neighborhood most of the tree trimming is being done by people who are not licensed. He questioned the need for the licensing process the City has. He also thought that same thing applies to lawn fertilizing. He suggested staff bring back to Council some ideas on what to do about that. 12. ADJOURN Sundberg moved, Woodruff seconded, Adjourning the City Council Regular Meeting of February 8, 2016, at 7:29 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: Je n Panchyshyn, City Clem