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07-24-17 CC Reg Mtg MinutesCITY OF SHOREWOOD CITY COUNCIL REGULAR MEETING MONDAY, JULY 24, 2017 MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS 7:00 P.M. Zerby announced that at the conclusion of this regular meeting Council will enter into a closed executive session in the large conference room to discuss threatened litigation against the City. A. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; Attorney Keane; City Administrator Lerud; City Cleric Thone; Planning ,Director Darling; Director of Public Works Brown; and, City Engineer Hornby Absent: None. B. Review Agenda Labadie moved, Siakel seconded, approving the agenda as presented. Motion passed 510. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Siakel seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolution Therein. A. City Council Regular Meeting Minutes of July 10, 2017 B. City Council Regular Meeting Minutes of July 10, 2017 C. Approval of the Verified Claims List D. Adopting RESOLUTION NO. 17 -066, "A Resolution Approving an Amendment to the Minnetonka Country Club 2 "`i Addition Planned Unit Development Agreement." E. Authorize Expenditure of Funds, Public Works Equipment — Cab and Chassis, Snow Plows and Components F. Franchise Agreement Update Councilmember Sundberg inquired whether the discussion regarding franchise fees would be discussed during a fixture meeting. Administrator Lerud affirmed. Motion passed 5/0. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 26, 2017 Page 2 of 9 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. PUBLIC HEARING REPORTS AND PRESENTATIONS PARKS A. Report on the July 11, 2017, Park Tours Director Darling reported on the July 11, 2017 park tours. The parks toured included Manor Park, South Shore Community Park (Skate Park), and Silverwood Park. The Park Commission also went to look at the Christmas Lake access. There are no ongoing maintenance issues at Manor Park. There is an aging willow tree that has been a focal point of that Park. There was some discussion about adding a window to the warming house to allow people to look out over the parking lot. Currently the South Shore Community Park is primarily used for open space and a community garden. There is potential for redevelopment in that Park. One Park Commissioner thought it may be time to create a master plan for that Park. There are grants available for adult fitness; that may be a good place for adult fitness stations. At Silverwood Park there was general discussion about a retaining wall and what will happen when the slides have to be replaced. The Christmas Lake access was still being used when the Commissioners "got there a little later in the evening. 7. PLANNING A. Report by Chair Maddy on the July 18, 2017, Planning Commission Meeting Planning Commission Chair Maddy reported on matters considered and actions taken during the July 18, 2017, Planning Commission meeting (as detailed in the minutes of that meeting). B. Zoning Ordinance Amendment for Accessory Structures; Regulations Applicable to Shoreline Property; and Definitions Director Darling noted this is a first in a series of Code amendments to clarify some portions of the City Zoning Code. This agenda item is regarding amendments to the Zoning Code which pertain to accessory structures and shoreline property regulations. She explained the accessory structure amendments are intended to clarify the City's intent to prohibit accessory buildings and structures on a residential property until a principal dwelling is constructed. The proposal is to add Structure to the definition Accessory, Building or Use to clarify that structures not meeting the definition of building are still regulated and prohibited until there is a principal dwelling. The amendment would further enhance the City's ability to enforce existing prohibitions. The proposal would also remove language in the Code that allows a person to connect an accessory building to a principal structure by a covered walkway as an attempt to consider it part of the principal structure. There was concern about the unintended consequences of that language. Allowing the covered walkway to connect two buildings was in conflict with another section of Code which requires homes to be constructed upon a continuous perimeter foundation. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 26, 2017 Page 3 of 9 With regard to dock regulations, the intent is to clarify that docks are not permitted without there being a principal dwelling on the lot and that the 10 -foot setback applies to all docks. The current Code has some superfluous language in it related to construction type that would be removed to make the language clearer. The proposal would change the word occupy to reside because occupy does not exclusively mean reside. The intent of the Code is to only allow the residents of the property to have a dock. Adding a definition of Semi - Public was also included in the proposed changes. She reviewed the changes proposed by staff and the Planning Commission recommended changes. One was to change the definition of Accessory Building, Structure or U.ve to list examples of accessory buildings in one sentence and the examples of accessory structures in another sentence. She listed some examples of each. Another was to change Subd. 2.d.(2) to read No detached accessory building shall exceed I5 feet or one story in height; "no detached" was added to clarify that this section would not apply to an "attached garage. The last change was to exclude docks from the limit of three accessory buildings allowed on a property. She noted that the ordinance in front of the Council includes the Planning Commission's recommended changes and the Planning Commission recommended approval of the amendments. Mayor Zerby noted that he appreciated the format Director Darling used to convey the proposed changes which were displayed on the screen so people watching the video recording of the meeting could see it. Sundberg moved, Johnson seconded, Approving ORDINANCE NO. 542, "An Ordinance Amending the Shorewood Zoning Code as it Pertains to Accessory Buildings, Structures and Uses and Regulations Applicable to Shoreline Property for the City of Shorewood." Mayor Zerby asked Attorney Keane if he agrees with what has been recommended. Keane noted he had consulted with staff. Motions passed 5/0. Siakel moved, Johnson seconded, approving the publication of Ordinance No. 542 by title and summary. Motion passed 5/0. (This motion occurred simultaneously with Summary Ordinance 543). C. Parking Regulations Director Darling explained while working on code enforcement requests staff determined the City has nothing prohibiting anyone from parking unattended trailers on streets. Trailers meet the definition of vehicles under State Statute and based on Shorewood's current Code trailers can be left unattended on the City's streets for up to 48 hours. That causes concern in some areas of the City because of narrow roadways. The proposed ordinance Council is being asked to approve would prohibit anyone from parking a trailer on the street unless it is connected to a towing vehicle and to allow the police to ticket a standalone trailer. She said that after the meeting packet was distributed staff met with South Lake Minnetonka Police Department (SLMPD) Chief Meehan to discuss the proposed amendments and his perspective on hitched /connected to a towing vehicle. Chief Meehan had suggested using the language regarding hitched found in State Statute. That language states "... unless hitched to a towing motor vehicle by a device approved by CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 26, 2017 Page 4 of 9 the Commissioner of Public Safety ..."Staff placed a revised draft ordinance at the dais this evening for Council review. Siakel moved, Labadie seconded, Approving ORDINANCE NO. 543, "An Ordinance Amending the Shorewood City Code as it Pertains to Parking for the City of Shorewood." Mayor Zerby thanked Director Darling for checking with Chief Meehan. He asked how the 48 -hour time period would be tracked noting some cities chalk mark tires. Darling stated communities often chalk tires and put a date or time on them. Zerby stated that typically the City enforces city code compliance on a complaint basis. Darling stated that because the violation would be on a public street the police could ticket it without receiving a complaint. Motion passed 5/0. Director Darling asked that Council to approve the summary publication of this ordinance and the previous ordinance. Siakel moved, Johnson seconded, approving the publication of Ordinance No. 543 by title and summary. Motion passed 5/0. 8. ENGINEERING/PUBLIC WORKS A. Accept Plans and Specifications and Authorize Advertisement for Bids for 2017 Pavement Reclamation Project Engineer Hornby explained staff is nearly complete with the plans and specifications for the 2017 Pavement Reclamation Project. The Project includes the reclamation of Howards Point Road, Kathleen Court, Oak Ridge Circle and Summit Avenue. Those roadways were originally planned for a mill and overlay. The project also includes replacing the culvert between the wetlands and Eureka Road North, paving the gravel area of Eureka Road North, and the constriction of concrete curb and gutters at the Country Club Road and Lake Linden Drive intersections with Yellowstone Trail. The curb and gutter work is intended to try and preserve the corner and to try to get drivers to take the corner without rolling through it at higher speeds. This seems to be relatively effective in other areas where this has been implemented. The bid opening is scheduled for Thursday, August 31, 2017. The estimated cost is $809,420. The modified 2017 Capital Improvement Program (CIP) allocated $808,000 for the Project. Hornby noted the meeting packet contained a resolution that if adopted would approve the plans and specifications and authorize the advertisement for bids. Staff recommends approval. Mayor Zerby stated he did not find any plans in the packet for the tightening of the two intersections. Engineer Hornby stated that is included in the plans but not in the packet noting there are 50 sheets in the plan documents. Zerby stated he would like to be aware of those types of changes because there have been residents who have been surprised by those types of changes in the past. Engineer Hornby explained the changes consist of putting a standard radius (25 feet) on those curves. That should keep people from cutting the corner and breaking off the edge of the pavement thereby helping to preserve the bituminous edge and reduce the amount of maintenance. It should also help encourage people to take the corner properly and come to a stop before rounding the corner, and traffic calming was one of the objectives of the traffic committee. Zerby stated concrete would be added where there currently is none. He then stated for some previous projects residents have been surprised about the location of the curb and constructing them out of concrete. Hornby explained bituminous could be used for the curb but bituminous curb takes CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 26, 2017 Page 5 of 9 a beating from snow plows and the cost for bituminous would be similar to concrete. He noted that for approximately the last 10 years he has recommended concrete over bituminous including for a cul -de -sac. Mayor Zerby noted that he was not questioning the material choice. He expressed his discomfort with approving plans he has not reviewed. Councilmember Sundberg stated she thought that is a fair comment. Councilmember Labadie stated she thought it was a fair comment but cautioned against delaying this process and possibly running the risk of the construction season coming to an end before the work gets done. She noted she can support keeping the project moving forward. Councilmember Siakel concurred with Councilmember Labadie's comments. Zerby stated he has a hard time making a decision without having seen the plans and noted he intends to abstain from the vote. Administrator Lerud encouraged Council to keep the curb and gutter work in the plans to keep the project moving forward. He said the Council can always chose not to have that work done. There are clauses that allow the City to add to or take away from the work. Councilmember Johnson asked if it would be possible to do curb and gutter work for other areas not included in the plans. Engineer Hornby noted it would take more time to prepare an alternate bid option. From a plan preparation standpoint it would be easier to pull the units out at the time of bid. The contract allows that. Mayor Zerby reiterated he was not opposed to curb or concrete but he is uncomfortable not having the information to see where it would be located. He stated he has been at other sites with residents who questioned why the curb was located where it was clarifying the residents were not against it. He then stated if Council has another opportunity to weigh in on the proposed alignment before construction starts then he can support moving forward with this step in the process. Sundberg moved, Adopting RESOLUTION NO. 17 -067, "A Resolution Approving Plans and Specifications and Authorizing the Advertisement for Bids for the 2017 Pavement Reclamation Project, Howards Point Road, Kathleen Court, Oak Ridge Circle, Summit Avenue, City Project 17- 13." Councilmember Sundberg stated for future projects she would like staff to provide Council with all of the pertinent information. Siakel seconded. Mayor Zerby stated based on this discussion the plans will be provided when Council is asked to authorize moving forward with construction. Motion passed 510. 9. GENERAL/NEW BUSINESS A. Administrator and Staff 1. Monthly Budget Report Mayor Zerby noted the meeting packet contains a copy of the June 2017 Monthly Budget Report. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 26, 2017 Page 6 of 9 Administrator Lerud stated there are no surprises with the 2017 Budget year -to -date. Mayor Zerby stated he thought hlterim Finance Director Joe Rigdon has been doing a great job. Other Director Brown stated the City received the speed awareness display sign for northbound Country Club Road that had been sent back to the factory for repair. Unfortunately it does not appear to be working correctly so staff will send it back again. He then stated staff will report back on the impact the speed awareness display sign on Mill Street has had in about six months. Mayor Zerby asked that another speed study be done before snow season in order to allow for the relocation of the sign if need be. Engineer Hornby provided an update for the 2016 Trunk Watermain Extension Project. He explained the best inforination staff had was the contractor was going to restart work on July 20th, but there was a three -day delay on the contractor's other job. The contractor mobilized the equipment earlier in the day and hauled materials to the site. The survey crew staked the project on July 18th. The contractor plans to work on completing the watermain work on July 25th. After that the contractor will start on the storm sewer work. Mayor Zerby explained he received two emails from residents living near the area that were highly critical of the project and criticized their elected officials of not following through on the job. Engineer Hornby had responded to those residents and informed them that the public officials were on top of things. There are concerns about the delays with the project. He told the residents that the public officials are working hard to resolve issues and to get the project completed. He visited the site again earlier in the day and saw that the roadway was unkempt. The Oppidan contractors are still using the site as a private parking lot. He had hoped that would have change before the project started. Hornby stated some of the Oppidan contractors have been parking off site away from the project area. Hornby noted he had spoken with the onsite project manager regarding this issue and stated he will send a reminder to that individual. Councilmember Siakel asked Engineer Hornby if he needs additional support. She stated she thought Hornby was on top of the project and was aware of what was happening. She then asked Hornby if he needs something from Council or Attorney Deane to help get the contractor to get things done faster. She noted she found it difficult to believe it was just a Hornby issue. Engineer Homby noted that everyone knows it is a private utility delay. He explained that contractually the utility contractor is not the City's contractor but a private utility such as Xcel Energy, Century Link and Mediacom. The private utilities had to relocate their utilities. In the construction contract that is a delay that falls in the same category as a natural disaster. When the construction contractor cannot do any work they demobilize and go to the next job. He and the WSB onsite project manager have been pressing the contractor to give them a date for when they can come back. That date had been elusive. The contractor had committed to July 20th. Then the contractor said there was a weather created delay with the project they had been working on. The contractor had planned on demobilizing from that job on July 22nd and mobilizing for the utility work along Chaska Road but that did not happen until earlier in the day. Hornby explained the roadway project is being used by the developer's contractor for the Oppidan project. That contractor has been cleaning the roadway for the traffic going onto and from the site. When he reminds the contractor they clean the roadway. He will ask the contractor to clean the roadway. He CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 26, 2017 Page 7 of 9 reminded the contractor and asked the WSB onsite project manager to make sure that the barriers at Highway 7 are removed. With regard to the Freeman Park south parking lot paving project, Hornby explained the contractor has been grading the lot over the last few days. The contractor's plan is to pave on July 25th and 26th. The contractor has been stopping work by 4:30 p.m. each day so they can remove their equipment before baseball athletics use the fields at 5:00 p.m. Mayor Zerby stated he was pleased to see fresh striping on the roadways. It is great to have it done earlier in the summer. IIe then stated he does not think much has been done with the Traffic Committee's recommendations for the Country Club Road, Yellowstone Trail and Lake Linden Drive corridor. He asked when Council will have something to discuss about that. Engineer Hornby explained staff had solicited quotes for the blinking stop signs and they will cost around $2,000 each. The City will need four of them for the corridor. Staff plans on including the installation of them in the specifications for the reclamation project to try and get a better price. The curb and gutter for intersections in the corridor is included in the spec. Zerby then stated it was his recollection that there had been discussion about putting up something up temporarily to change the flow of traffic in order to assess what the impact of a permanent solution would be. Hornby stated staff and Attorney Keane have to discuss what options there are and then coordinate anything to be done with property owners in the area. Hornby stated staff needs to decide what is considered a full access in order to try and prevent legal action. Zerby encouraged staff to have that meeting. Councilmember Sundberg asked Administrator Lerud to ensure those types of items show up in the tracking report. She stated it would be helpful for Council to receive an updated report monthly. Councilmember Labadie asked when children would be allowed to inline skate on the new surface. Engineer Hornby encouraged people to stay off of the surface until the project is complete. He explained that `complete' includes having tapered the edges down to match the existing lawns. Labadie asked if there would be orange cones out there indicating the work is incomplete. Hornby stated that was unlikely, but there would still be equipment out there. Once the equipment is gone people can go on it. He explained once the pavement is down there will be about a 4 to 8 inch gap at the edge of the pavement where top soil will have to be filled in and then seeded. There is existing turf around the edge of the pavement. He noted there will be two asphalt lifts; the base and the wear course. Director Darling stated originally the Starbucks application for near Highway 7 and Vine Hill Road and the frontage road was going to be on this evening's agenda. The item was removed from the agenda because the developer had a family emergency. Staff anticipates it will be on the agenda for the August 14th Council meeting. Administrator Lerud stated staff is getting close to having a preliminary 2018 General Fund Budget ready for discussion with Council. Staff continues to work on the Capital Improvement Program (CIP). He anticipates both the Budget and CIP will be on the August 14th Council work session agenda. Councilmember Johnson inquired if 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 he thought Tonka Bay was going to work with the engineer to reduce the cost of a traffic study; basically proceed with a traffic count. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES July 26, 2017 Page 8 of 9 B. Mayor and City Council Mayor Zerby explained he attended a July 12, 2017, South Lake Minnetonka Police Department (SLMPD) Coordinating Committee meeting during which a preliminary 2018 SLMPD operating budget was presented. For 2018 Shorewood's share of the finding would be 49.52 percent. The preliminary 2018 budget reflects an increase of $57,776 when compared to 2017. One of the largest expenditures is overtime. The SLMPD is still short one officer; one officer just left the Department. There are building maintenance issues such as concrete repairs; the cost will be split evenly with the Excelsior ,Fire District (EFD). A repair was just made to the elevator. Zerby stated SLMPD Chief Meehan showed the Committee a 'body camera the SLMPD was assessing. It is like a standard microphone that is clipped to an officer's clothing but it has a camera as well. He clarified the SLMPD has not decided if that is the best camera for the department. Administrator Lerud noted the SLMPD is required to hold a public hearing to adopt a use policy for the body cameras. Councilmember Labadie asked that Council be notified of when that public hearing will be held. Councilmember Sundberg stated in light of the incidents that have happened in the City of Minneapolis she asked if the SLMPD has concerns about the use of body cameras. Mayor Zerby stated Chief Meehan made a presentation to the Rotary Club he belongs to regarding body cameras. One of the points Chief Meehan made was in today's world most people can take videos with their cell phones and post them to social media. It is difficult to know what, if anything, was edited out. Police think they need to be able to present their view of an incident which may be more comprehensive. He thought body cameras are needed in today's world. The SLMPD squad cars have cameras which capture video and audio is captured from the body mics. Councilmember Sundberg asked if SLMPD officers will be provided with enhanced adequate training regarding the use of body cameras and not just a continuation of current training. Administrator Lerud stated Chief Meehan had indicated there are two additional trainings mandated by the Peace Officer Standards and Training (POST) Board. He thought one is regarding de- escalation and the other was regarding managing situations where mental health was an issue. The training budget line item increased significantly for 2018. Councilmember Labadie noted she attended the fundraising dance put on by the Excelsior Firefighters Relief Association on July 22nd. She said that the food and the polka band were great and that there was a good turnout. 11. ADJOURN Siakel moved, Labadie seconded, Adjourning the City Council Regular Meeting of July 24, 2017, at 7:48 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Christine Freeman, Recorder Sandie Thone, City Clerk