Loading...
07-10-17 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 10, 2017 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Mayor Zerby called the meeting to order at 7:00 P.M. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Attorney Keane; City Administrator Lerud; City Clerk Thone; Planning Director Darling; Director of Public Works Brown; and, City Engineer Hornby Absent: None. B. Review Agenda Sundberg moved, Labadie seconded, approving the agenda as presented. Motion passed 510. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Sundberg seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Work Session Minutes of June 26, 2017 B. City Council Regular Meeting Minutes of June 26, 2017 C. Approval of the Verified Claims List D. Adopting RESOLUTION NO. 17 -060, "A Resolution Authorizing the Execution of a Joint Cooperation Agreement between the City of Shorewood and Hennepin County for Participation in the Urban Hennepin County Community Development Block Grant Program in Fiscal Years 2018 — 2020." E. Adopting RESOLUTION NO. 17 -061 "A Resolution Recommending the Appointment of Dorothy Pedersen to the Riley- Purgatory - Bluff -Creek Watershed District Board of Directors." F. Adopting RESOLUTION NO. 17 -0625 "A Resolution Approving Street Sealcoat Revisions 2017 Crackfill and Seal Coat Project, City Project 17 -01." Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 2 of 14 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS 6. PARKS A. Report on the June 27, 2017, Park Commission Parks Tour and Meeting Park Commission Chair Mangold reported on the June 27, 2017, Park Commission parks tour. The parks toured were Freeman Park, Cathcart Park, Gideon Glen and Badger Park. He explained there are two main issues at Freeman Park. The south playground is one of the City's oldest playgrounds. The asphalt trail system around the Park is deteriorating. Improvements to it in the next couple of years are not included in the Park Improvements Capital Improvement Program (CIP). There are maintenance issues in Cathcart Park that need to be addressed with the City of Chanhassen. There was a swing set area that was out of control with weeds. Public Works personnel have since addressed most of the maintenance needs. Gideon Glen was in really good shape. It looked clean; there were no weed issues. For Badger Park they reviewed what has already been done to improve it and what still needs to be done. He then reported on matters considered and actions taken during the June 27 and July 6 Park Commission meetings (as detailed in the minutes of those meetings). He noted that the original Phase II plans for Badger Park included a turnaround between the Southshore Center (SSC) and the lacrosse field. The Park Commission has proposed removing that and adding 22 more parking spaces. Councilmember Sundberg stated she noticed that the clover patch in Cathcart Park has been overgrown with weeds. Director Brown explained that Shorewood had been relying on Chanhassen to maintain Cathcart Park per an agreement between the two Cities. The park is located in Chanhassen but it is Shorewood's park. Staff has made a decision that Shorewood Public Works would take over the maintenance of the Park. It has Shorewood's name on it and it represents Shorewood. Public Works went to the Park the day after the tour and did a fair amount of the maintenance that was needed. He and Administrator Lerud are going to meet with representatives from Chanhassen to discuss the situation. Councilmember Sundberg asked if the clover patch could be restored to be pollinator friendly. Director Brown stated it can be replanted. In response to a comment from Mayor Zerby, Director Brown explained that two members of the Public Works staff focus on the maintenance of the City's parks. Councilmember Labadie noted she was glad to hear Shorewood has taken over responsibility for maintaining Cathcart Park. She stated it is a high -use park. She has observed people from the Minnetonka Youth Baseball Association in the Park mowing and weed whipping the area. She thought it best for Shorewood to be responsible for the maintenance of the Park. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2417 Page 3 of 14 B. Approve Badger Park Phase 2 Improvement Plans and Specifications and Authorize Advertisement for Bids Director Darling explained that Phase II Badger Park improvements include expanding the parking lot, extending sewer and water to a future building site, grading of green space, removing the warming house and storage unit, improving stormwater drainage, installing landscaping, and installing sidewalks along the edge of the parking lot between City Hall and the Southshore Community Center (SSC). WSB & Associates has prepared construction plans consistent with the Concept 1.5 plan approved in 2014. Staff and the Park Commission have reviewed the construction plans. During its June 27 meeting the Commission suggested revisions on the east side of the project site to blend the Park and the SSC together into one park, widen drive aisles at a few pinch points and add additional parking spaces. Removing the turnaround between the SSC and the lacrosse field would allow for the addition of 22 parking spaces. Nine spaces would be added in that same area, three near the well house, and 10 on the north side of the lacrosse field. During its July 6 meeting the Commission voted unanimously to recommend approval of the revised layout. The revised plans and specifications for Phase 1I are nearly complete. Darling noted staff is asking Council to adopt the resolution approving the revised plans and specifications and authorizing advertisement for bids. Mayor Zerby stated there are three handicap parking spaces on the left side of the building. He asked if they would be relocated. Director Darling clarified they would remain where they are. Zerby stated it appears that four more handicap spaces would be added. Darling noted there are currently two handicap spaces near City Hall. Councilmember Sundberg asked if parking spaces would be lost near the SSC. Director Darling noted that 22 additional spaces would be added to the lot. Mayor Zerby stated the walkway from the canopy out toward the Park would be extended. He asked if it would be possible to use a different material on the walkway to visually distinguish it. Director Darling stated some communities have put in colored stamped asphalt, for example, but it does not last long. Paint can be refreshed annually. Pavers or a concrete strip could be put in, but there would be a small lip that plows would catch. Zerby stated he would like to see it at least painted and noted a decision on what option could be made at a later date. Darling suggested making a decision about a different type of surface now. Councilmember Sundberg asked if installing pavers would be cost prohibitive. Engineer Hornby stated the cost per square foot would be higher in part because the quantity needed is small. The walk could be concrete. Sundberg stated she thought pavers would look friendlier. Hornby stated pervious pavers may appear friendlier but that would require a basin below them and drain tile to get the water out. Concrete pavers that are not pervious would cost less. Stamped concrete blocks could also be used. Councilmember Sundberg stated the City has an opportunity to demonstrate its environmental stewardship. Engineer Hornby stated a small area of pavers could be installed. Sundberg noted she would be interested in considering pervious pavers. Mayor Zerby stated as long as the City is going to spend the money be would like to do things right. Councilmember Siakel stated she likes the idea of having a painted walkway to make it visible that it is a pedestrian walkway. Councilmember Labadie concurred. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 4 of 14 Councilmember Labadie stated she could envision the demographic that would be using the walkway to the SSC tripping on pavers. They would require more maintenance over time. Mayor Zerby asked if Labadie would support stamped concrete. Labadie thought it should be smooth. Zerby then asked about painted concrete. Labadie suggested making the walkway as maintenance free as possible. Councilmember Siakel agreed with keeping it simple. Zerby stated he thought it would be good to have a pedestrian path for safety reasons. Councilmember Siakel asked if the sidewalk could be extended to follow the contour of the parking lot. Engineer Hornby stated it drops off in that area near where the curb would be on the east side of the parking lot. A retaining wall could be required to have a walk along that side. Mayor Zerby stated near the Minnetonka Community Center it is quite clear as to where people should walk when going into the traffic areas. Councilmember Siakel stated that during the day people are using the SSC for a specific purpose. There are people in the area in the evening that are not there to use the SSC. She again expressed her preference to keep it simple. Mayor Zerby noted the City is making an investment in something that would be there for 30 years and things will change over time. He stated he thought it important to connect the SSC to the Park. Councilmember Siakel stated she is supportive of the revised plan. She then stated she would be willing to entertain considering pavers in the motion adopting the resolution approving the plans and specs. Park Commission Chair Mangold asked if the walkway could be a simple died concrete walkway. He clarified he was talking about the entire walkway that flows out into the parking lot and then back through to the SSC. Mayor Zerby stated he liked that idea. Engineer Hornby noted the cost for colored concrete would be higher than for standard concrete. Hornby explained that typically colored concrete is mixed on site toward the end of the pouring. Mayor Zerby commented that his neighbor just had colored stamped concrete put in and powder was sprinkled on the concrete at the end of the process. Engineer Hornby stated that type typically will not last as long and that he thought a through color would be better. He explained that all colors would fade over time. He noted it is important to seal colored concrete regularly so it maintains its color longer. Councilmember Siakel stated she would like the parking lot improvements to be completed in 2017. Councilmember Labadie concurred. Mayor Zerby asked if Council authorizes bids this evening, when the work would be done. Engineer Hornby stated construction would be in September or October 2017. Councilmember Siakel asked if it would be possible to bid the work out with an option for a colored concrete walkway. Engineer Hornby noted the current plan include the turnaround. The plan needs to be modified to reflect the revised layout. Mayor Zerby stated the original plan includes a stabilized construction entrance. He asked what that is. Engineer Hornby stated that was a pavers and landscape area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 5 of 14 Zerby moved, Siakel seconded, Adopting RESOLUTION NO. 17 -063, "A Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids: Badger Park Phase 2 Improvements, City Project 17 -09" subject to there being a concrete connection lane bid alternate in the bid. Motion passed 510 7. PLANNING A. Approve Setback Variance Applicant: Court and Susan Queen Location: 27180 West 62 "d Street Director Darling explained Court and Susan Queen, 27180 West 62nd Street, have applied for a front -yard setback variance so they can construct a covered entry (portico) on their existing home. Their property is located just west of Cathcart Drive. The existing home is located closer to the street than allowed by Code. Therefore, any portico would require a variance. The Planning Commission held a public hearing on the request during its May 2, 2017, meeting. Staff and the Commission determined the applicants met most of the criteria for granting a variance including practical difficulties. During that hearing there was considerable discussion about the amount of variance that should be granted. Staff and the Commission determined the amount of the variance requested was not the minimum amount needed to relieve the practical difficulties. The Commission agreed with the previous Planning Director's recommendation to reduce the depth of the portico to four feet rather than the six -foot depth requested by the applicants. The smaller portico would be consistent with what a recent code amendment allows for older homes that had been constructed partially within the front -yard setback. It would also be consistent with not granting a privilege to the applicants that is not available to others. Darling noted that staff and the Commission recommend approval of the request subject to reducing the depth of the portico to four feet. She also noted the City had received a letter in support of the applicants' request from the owner of the abutting property. Court Queen, 27180 West 62nd Street; thanked Council for their time on considering the variance request. Mr. Court explained they have lived in their home since 1991. Their home was built in 1904 or 1910. The property had been a 35 acre raspberry farm located along the Luce Line railroad track. The road that runs to the house was the original driveway to the house. During the time their lived there they completely gutted their home and restored all of the original wood. They made two significant additions to their home. In both cases they made a concerted effort to stay within the setback requirements. They also rehabilitated the barn on the property. He explained they completely renovated the environment on the 3.5 to 4 acres. All of the invasive vegetation was taken out and the area was replanted with hard woods. They love their home and property. Their last step in refining their home is to put an appropriate front entry (porch) on their home; a porch with a depth of six feet. Susan Queen, 27180 West 62nd Street, applicant, explained that since they have owned their home their front door has been inoperable to a large extent for much of that time. That is due to the large, flat front entry facing south. It takes a beating during the summer and winter. A significant overhang seems necessary to protect the entrance. The screen door has been replaced four times and the front door once. The screen door lasts for about one season before it starts to malfunction. Their front door is jammed shut; it has been inoperable for at least 10 years. There are leaded glass windows on both sides of the door; neither of them can be opened. No air can flow into the home from the front. They live along a dead -end road. The road cannot be extended because Lake Virginia is located at the very end of the road. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 6 of 14 Ms. Queen noted that the neighbors they asked support their proposal to construct a porch with a depth of six feet. Some of them spoke of their support during the May 2 public hearing. Ms. Queen explained having a porch with a depth of six feet would allow them to sit out on the porch. They would be able to see their neighbors when they are out in their yards. They currently do not spend time out in their front yard. Their neighborhood has developed into a wonderful community; young families and middle -age families live there. They would be able to open their front door for guests without having to have them step back on to the lower step so the door can be opened. Councilmember Sundberg noted that she drove into the area. To her it appeared that there are only one or two properties after the Queens' property. Mr. Queen clarified there is a house next to his and there is a pump house for Lake Virginia at the bottom of the hill. There is a house on the other side of the street. George Hanson, 301 West 62 Street Chanhassen, stated he and his family have lived in their home for six months. He and his wife have a baby and a toddler. They have been through the Queens' home. He and his wife used to have a porch with a depth of six feet on their previous home. People could open the door to it without having to step back down on steps. He noted he and his wife are very supportive of what the Queens have proposed. Stacy Kline, 185 West 62nd Street Chanhassen, noted she lives directly across the street from the Queens and down the road from Mr. Hanson and his family. She explained they have lived in the neighborhood for five years. She thought the Queens have done a great job of restoring their historic home. She noted she thought the Queens' request is very modest. It would be in keeping with the historic design of the Queens' home. She thought Mr. and Ms. Queen did a good job of speaking to the usability of it. The additional two feet of depth would be very beneficial when there is inclement weather. She thought the Queens' plans would have a positive effect on the neighborhood. She expressed her appreciation for having the Queens as their neighbors. She stated she would like to be able to enter the Queens' home through the front door. She then stated at some point in the future there may be a need to redo the roadway. She thought there is enough right -of -way on the other side of the street from the Queens to expand the width of the street, if needed. Chris Liz6e, 5705 Brentrid e Drive, noted she was pleased to be at the meeting to express her support for what her friends, Court and Susan Queen, have proposed to do. She explained she met the Queens 20 years ago when they all had children attending the Minnewashta Elementary School. At that time they all lived in old houses. She was in the process of restoring an 1881 farm house located along Smithtown Road. The Queens had another old house also. She was able to find a shadow on a picture of a front porch on the farm house. Therefore, she was able to build a porch on the farm house. She explained she thought the Queens' request is reasonable. It is fair to provide a covered entry. There are practical difficulties in not having anything that shows there had been a porch at one time to show — old porches rot and they did not always show on old plans. What the Queens are asking for would not be a special privilege because a 6- foot -deep porch would make it a more livable area and it would provide for gathering place for friends and family. A 6- foot -deep porch would allow for there to be a table and a couple of chairs around it; a 4- foot -deep porch would not have enough room for a table. She encouraged Council to grant the front -yard setback variance that would allow the Queens to construct a porch with a depth of six feet. Councilmember Sundberg stated she supports granting a setback variance that would allow for a porch with a depth of six feet. She does not think that would push any boundaries. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO. 17 -064, "A Resolution Granting Setback Variance to Court and Susan Queen, 27180 West 62 °a Street ". CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 7 of 14 Councilmember Labadie explained she had also driven past the Queens home and she had met with Mr. Queen to discuss their request in detail. She finds it hard to go against what is written in the Zoning Code even though the difference would only be two feet. But, in the community there are many issues that deal with only two feet; for example, two -foot setbacks or two feet of dock. She thought the request is reasonable but it does not fit with the Code. She stated Council must decide if it wants to move forward with the Planning Commission recommendation or not. She asked that Council discuss this before voting on the motion on the table. Mayor Zerby stated from his perspective the reason items come before Council for a vote is because Council has a responsibility to provide oversight. He noted he has not seen a better example of when Council should intervene then this. It is a historic house near a quiet road. He stated he is a big fan of porches. They have proven that they help reduce crime when people spend time on them. The City of Excelsior has amended its code to encourage people to have front porches even if they do encroach into the setback for that reason. He noted he thought allowing the additional two feet of depth is quite reasonable. Councilmember Sundberg stated variances are allowable to be able to deal with exceptional situations. She then stated the home is historical and located along a quiet dead -end street. All of the Queens neighbors support what has been proposed. The porch would enhance all of the properties in that neighborhood. She noted she does not think there is a downside to approving what the applicants have requested. Councilmember Siakel stated she believes what the applicants are proposing satisfies the requirements for granting a variance. This is an opportunity to weigh all of the facts in totality and then make a decision. She noted she agrees that what has been proposed is reasonable and she would be comfortable approving it. Councilmember Labadie noted she understands variances. She clarified that as an attorney it is difficult for her to go against a written rule. She stated variances are considered on a case by case basis. She then stated Queens' property is close to the end of the road and their home is historical; those are in the applicants' favor. She thought allowing a variance large enough for a porch with a depth of six feet would make it more usable. She reiterated it is very difficult for her to go against the City Code. In response to a question from Councilmember Johnson, Director Darling noted she was not on staff when the Planning Commission considered this on May 2 but she was at the meeting. She stated she thought it was difficult for the Commission to recommend approval of something that was different than what, they thought, was a recent change to the Code. Motion passed 510. B. Conditional Use Permits and Variances Applicant: John and Stacie Lynch Location: 25380 Birch Bluff Road Director Darling explained John and Stacy Lynch own the 25380 Birch Bluff Road property. They have requested a variance and conditional use permit (C.U.P.) to redevelop a nonconforming lot, a side yard setback variance, and a C.U.P. for fill in excess of 100 cubic yards. The property is located north of the Lee Circle cul -de -sac. The adjacent properties are developed and have single - family homes on them. The lot is 60 feet wide; the R -1 C zoning district requires 100 feet. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 8 of 14 The existing home and detached garage are nonconforming with respect to side yard setbacks. The existing house is seven feet from the east property line and 10 feet from the west line. The proposed house with attached garage would be 14 feet from the east property line and 10 feet from the west property line. The R -IC district requires a minimum of 10 feet on each side. The property abuts Lake Minnetonka. The shoreland regulations have an additional requirement of the combined total of the side yard setbacks must be a minimum of 30 feet. Because the proposed combined total would only be 24 feet it requires the side yard setback variance. The applicants have proposed to bring in 300 cubic yards of fill to the site so that the main level of proposed house and garage floor would be at approximately the same elevation. Because the fill exceeds 100 cubic yards it requires a C.U.P. Staff and the Planning Commission considered the criteria in the zoning ordinance for variances and C.U.P.s when analyzing the application. They determined the application meets the standards for both C.U.P.s and for the width and setback variances. What has been proposed would increase the distance from the east property line. The narrowness of the existing lot does present practical difficulties outside of the applicants' control. The variance request would be the minimum necessary to make reasonable use of the property. The applicants' revised grading plan did address staff's original concerns. She noted the resolution approving the variances and C.U.P.s does include some conditions the applicants' must meet prior to the building permit being issued for the house. Darling also noted staff and the Planning Commission recommend approval of the variances and C.U.P.s subject to the conditions listed in the resolution. Councilmember Sundberg stated she attended the June 20, 2017, Planning Commission during which there was a detailed discussion about drainage. Any drainage concerns there may have been were alleviated. She expressed her support for approving the applicants' requests. Councilmember Siakel stated the property is located down the street from her property and she thought what is being proposed would be an overall improvement. She expressed her support for what has been proposed. Sundberg moved, Siakel seconded, Adopting RESOLUTION NO 17 -0651 "A Resolution Granting a Conditional Use Permit and Variance to Build on a Substandard Lot, a Variance to Side -Yard Setback and a Conditional Use Permit for Fill in Excess of 100 Cubic Yards for John and Stacy Lynch for Their Property Located at 25380 Birch Bluff Road." Motion passed 510. C. Lift Station Screening Petition Director Darling explained in 2015 Council adopted a resolution granting a Conditional Use Permit (C.U.P.) to Metropolitan Council Environmental Services (MCES) to replace existing Lift Station 18 (L18) and add an equipment building at 855 3rd Avenue. MCES representatives recently informed staff that residents living near the site were concerned about the lack of landscaping for the project and the direct view of the equipment building. On July 3, 2017, residents submitted a petition with 80 names and addresses on it requesting additional screening of the structures on the site. She noted signatures and addresses on the petition have not been validated. The project is under construction and no landscaping has been planted on the site yet. Staff spoke with an MCES representative who indicated MCES would be willing to reevaluate their landscaping plan subject to review and approval by MCES management if that is Council's desire. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 9 of 14 Darling noted staff recommends Council accept the petition and direct staff to work with MCES staff, as MCES' budget allows, to revise the landscaping plan to lessen the residents' concerns. Mayor Zerby asked Engineer Hornby to provide an update on the project. Engineer Hornby explained most of the lift station structure is below ground. MCES removed trees according to plan. MCES needs to install force main along Christmas Lake Road and across Highway 7 which necessitated some tree removal along Christmas Lake Road. Water service was put in along Third Avenue also necessitating some tree removal. He indicated it was premature to decide what additional landscaping would be needed until the landscaping already approved has been planted. He stated currently it is easy to see through the site when compared to what it was like before. He noted Council had approved a landscaping plan as part of the Conditional Use Permit (C.U.P.) approval process. He reiterated MCES is willing to consider additional landscaping. Councilmember Siakel asked if the residents are responding to the change in landscaping due to construction or are they worried the landscaping would not be sufficient or do they just need confirmation that landscaping will be put in. What is the main concern of the residents? Engineer Hornby noted the meeting packet contained a copy of the approved landscape plan. There was also recap of additional plantings proposed by the petitioners. He expressed confidence MCES wants to ensure its site is secure. The intent is not to completely screen the structures. He thought it may be best to wait until the approved landscaping is in before working with MCES to decide what, if any, additional landscaping should be planted. Mayor Zerby stated when he sees 80 signatures on a petition he takes it very seriously. He supports having staff work with MCES to try and have additional screening planted. He noted lift station 18 is in a very residential area. Zerby moved, Sundberg seconded, accepting the petition requesting additional landscaping be added to the Lift Station 18 site and directing staff to work with Metropolitan Council Environmental Services staff to plant additional landscaping as MCES' budget allows. Councilmember Siakel stated she understands the petitioners' concern but she does not think there is enough information to know what is or is not needed in addition to what has been approved. Mayor Zerby stated that based on his experience there usually is not a second opportunity to add additional landscaping after the approved work is done. He supports working with MCES on landscaping needs now to get it done right the first time. Motion passed 510. 8. ENGINEERING/PUBLIC WORKS A. Storm Debris Removal Policy Administrator Lerud explained that after the June 11, 2017, wind /storm event he and Director Brown reviewed the City's policy regarding the City's response to removal of tree and brush debris following a storm. Staff decided the current policy developed in 1998 was inadequate in many respects. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 10 of 14 There was no definition of how and when the policy would go into effect, how that decision gets communicated to residents, and what the City's role would be. Staff has since drafted a new policy which clarifies the City's responsibilities and duties. It also lays out how /if the limb and brush debris will be picked up after a significant event. Staff will also develop a list of dos and don'ts for when an emergency is not declared. Councilmember Sundberg stated she thought the new draft policy makes a lot of sense. She noted she has no concerns about it and that it provides the needed clarity. Administrator Lerud noted that a policy can be changed. Sundberg moved, Siakel seconded, adopting the Policy for Tree and Brush Disposal as presented. Councilmember Labadie expressed discomfort with the statement Commercial tree removal firms are responsible for the disposal of trees for which they have provided removal or cleanup services. She asked if there should be more than just trees in there. Administrator Lerud suggested changing it to read "... disposal of storm damaged trees or brush ..." Councilmember Sundberg suggested changing brush to bushes. Director Brown expressed concerns about using bushes because most people interpret that to be something like a rose bush. Brown thought brush is more descriptive. Without objection of the maker or seconder, the motion was changed to include subject to changing "... the disposal of trees for ..." to "... the disposal of storm damaged trees or brush for ..." in the Policy. Motion passed 510. 9. GENERAL/NEW BUSINESS A. Storm Sewer Charges for Commercial Properties Administrator Lerud explained that when the finance staff was preparing the quarterly utility billing they discovered an issue with the rates approved by Council during February 2017. They determined the City has been under billing storm sewer charges for commercial customers for years. Residential customers have been billed correctly. There are multiple base rates for commercial properties. To change the rates to what they should be would have resulted in dramatic increases. Because of the size of the increases and the fact the bills had to go out prior to the council meeting, staff made the decision to use the billing rates that had been used in the past. Staff recommended one of two approaches for correcting the commercial rate billing problem. The first is to implement the changes in full for the next billing cycle. The second is to implement the changes in full over the next two billing cycles. Staff would send a letter out in advance of the next billing to commercial customers explaining the situation. He asked Council how it would like staff to implement the rate changes. Councilmember Siakel stated because there is some ownership on the City's part for the problem she is in favor of phasing in the increase. Administrator Lerud asked Siakel if she wanted to phase the increases in over the next two billing cycles. Siakel stated she was open to the appropriate timeliness of the increases but felt it important the City provide the businesses with time to adjust to the full increase. Administrator Lerud stated the letter explaining the situation would be sent out by the end of July. Therefore, the businesses would have six months before the entire increase was implemented. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 11 of 14 Councilmember Sundberg stated it is not the businesses' fault for the current situation. She supports phasing in the total increase. Councilmember Labadie and Councilmember Johnson supported phasing in the total increase. Sundberg moved, Siakel seconded, authorizing staff to implement the storm sewer rate increases for commercial customers over the next two billing cycles. Motion passed 510. Mayor Zerby thanked staff for discovering the problem. Councilmember Siakel thanked Administrator Lerud and the finance staff for their efforts. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Director Brown explained near the 855 3rd Avenue site, where the Metropolitan Council Environmental Services (MCES) lift station project is in progress, there are three segments of pipe. One segment (red) comes out of Christmas Lake and goes underneath 3`d Avenue. One segment (green) traverses the site of the MCES project. One segment (blue) crosses under Highway 7 over towards Excelsior and ultimately drains into Lake Minnetonka. MCES has agreed to replace a Shorewood stormwater line (the green segment) as part of its project. Once MCES excavated down to expose the green segment people were able to get a better look at the red segment that goes under 3`d Avenue and acts as the outlet along with the weir structure for Christmas Lake. It was determined that the red pipe, which is not under contract to be replaced, shows some significant signs of deterioration. The City has the opportunity to replace the red pipe with help from MCES as part of its project. Staff is exploring replacement options. Staff believes it can be replaced with a trenchless method. That would hopefully not disturb traffic along 3`d Avenue. The City could take advantage of contractors already being on site. The replacement would be incorporated into the MCES project and paid for by the City. MCES is willing to work with the City to accomplish that. He recommended the City take advantage of the opportunity. Brown noted the repaired speed awareness display sign for Country Club Road has arrived. The goal was to install it that week. Mayor Zerby noted that he and some members of Council have received calls from three residents regarding the location of the speed awareness display sign for southbound Mill Street. He explained he had spoken with one resident and Director Brown about that. He explained that staff helped to determine the location of the sign based on its expertise. He inquired whether there could be another speed study done in three months to assess the impact that sign has on drivers' behavior. Director Brown responded yes. Director Brown explained he had spoken with the Hennepin County traffic engineer. When the City, Hennepin County, and the South Lake Minnetonka Police Department (SLMPD) conducted speed studies it was determined that that the speed violations occurred after drivers went over the hill when heading south. The current location of the sign picks up traffic after the drivers cross the hill and it provides the longest warning period before drivers reach the 45 miles per hour (mph) posting. Councilmember Sundberg inquired what the condition of other pollinator friendly areas is. Director Brown stated Public Works personnel will assess them when it restores the clover patch in Cathcart Park. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 1.2 of 14 Jeff Dinsmore 5805 Minnetonka Drive and a member of Humming for Bees, explained he and his wife (Patricia Hauser) relinquished control over the three clover patches. They were going to let the patches be on their own with occasional mowing. Unfortunately, there was enough residual grass and the clover did not survive very well. It was his understanding the Public Works staff routinely mows the patches at the Skate Park and Freeman Park. The patch in Cathcart Park did not get mowed by the City of Chanhassen. There is new information about what to do with lawns and planting recommendations. At the Arboretum there are examples of plots with flowering lawns with a variety of plantings. He thought there is an opportunity to introduce flowering plants to create a pollinator friendly lawn. Mr. Dinsmore suggested one of the three patches be turned into a native planting patch. He noted that he and his wife will write a letter to Council and staff and make some recommendations on what to plant. The existing turf may have to be removed before planting new items. Fall might be the appropriate time to replant. Engineer Hornby explained there was a preconstruction meeting with the contractor for the Freeman Park south parking lot project. A completion date has been negotiated. The approval of the project was delayed by Council until more members of Council could be present. The interim completion date for paving is July 28 and the final completion date is August 18. If the weather is good those dates could be advanced. He then explained the contractor for the 2016 Trunk Watermain Extension project is scheduled to return back to Chaska Road the week of July 17. Hornby stated he had asked Communications Coordinator Moore to put that information for both projects on the City's website. Mayor Zerby stated he was out at the watermain project site earlier in the day. There were two workers in their truck eating lunch when he drove by today. The Oppidan contractors are using the dirt portion of the road as a parking lot for construction vehicles. Engineer Hornby stated they will have to park off site when the contractor returns. He noted he had spoken with the construction manager for Oppidan on July 7 to let him know when the other contractor would be back on site. Zerby noted the fencing had advertising laid on it. He asked if that was part of the city's sign approvals. Director Darling stated she would look into that. Zerby asked for an update on the Minnetonka Country Club (MCC) project. Engineer Hornby explained there has been ongoing discussion about the trails. The cross country trails have quite a bit of organic material underneath. The geotechnical groups met out there a few weeks ago. Mattamy's consultant and the City's consultant AET (American Engineering Testing, Inc.) have differing opinions on how that issue should be addressed. AET recommended a heavier subgrade correction than Mattamy's consultant did. The developer thinks what AET has recommended is excessive. There is a preconstruction meeting for the streets and utilities planned for during the next week or two and that difference of opinion will be discussed. In response to a comment from Zerby, Hornby explained the contractor's trail crew has left the MCC site. Zerby inquired with Director Darling if any building permits for the MCC development have been applied for other than for the two model homes. Darling stated CalAtlantic has applied for a permit for its model home. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 13 of 14 Zerby inquired whether the grading work is complete. Hornby stated mass grading is being done on the site. A different specialty contractor will come in and do the grading for streets and utilities. The developer will want to have the streets paved by the end of fall. The City will not let the contractor pave after October 31 unless it is extremely warm. Zerby stated he noticed there was some right -of -way (ROW) work being done in front of the shopping center where CUB Foods is. Engineer Hornby explained there is a private utility company doing some gas pipeline work in the Highway 7 ROW. Director Darling stated the Park Commission will have the second half of its parks tour on July 11. Administrator Lerud stated staff will present the proposed franchise fees for Xcel Energy and for CenterPoint Energy during Council's July 24 work session. They will be on the regular meeting agenda that evening for approval. The draft franchise agreement with CenterPoint will also be discussed during the work session. He then stated staff is working on preparing a summary of how the City's representatives voted on items of interest to the City during the recent legislative session. Councilmember Sundberg asked Administrator Lerud how often his tracking report will be updated. Lerud stated it is time to update it again. B. Mayor and City Council Councilmember Johnson stated the Council liaisons to the Park Commission and Planning Commission changed effective July 1. He noted that lie will not be able to be at the July 18 Planning Commission meeting. Councilmember Siakel stated she would fill in for him. Councilmember Sundberg stated she was delighted that Council recommended Dorothy Pedersen for appointment to the Riley - Purgatory -Bluff Creek Watershed District Board of Managers. She expressed that the City is fortunate to have such a highly qualified individual to represent the community. Councilmember Siakel noted the Excelsior Firefighter's Relief Association annual fundraising dance will be on July 21. Mayor Zerby stated he was in Excelsior on the Fourth of July and he thought the celebration was a wonderful event. He reminded everyone of the next South Lake Minnetonka Police Department (SLMPD) Coordinating Committee meeting which is scheduled for July 12. The preliminary 2018 budget will be discussed during that meeting. Councilmember Johnson inquired whether there is an update on the Tonka Bay initiative to possibly close the access to Birch Bluff Road and Pleasant Avenue at the Shorewood / Tonka Bay border. Administrator Lerud stated that item is on the Tonka Bay Council's meeting agenda for July 11. Mayor Zerby stated The Waters Senior Living Project in Excelsior has received the approval needed from the Excelsior Council to move forward. 11. ADJOURN Labadie moved, Sundberg seconded, Adjourning the City Council Regular Meeting of July 10, 2017, at 8:32 P.M. Motion passed 510. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 10, 2017 Page 14 of 14 Sandie Thone, City Clerk