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08-14-17 CC Reg Mtg MinutesCITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, AUGUST 14, 2017 7 :00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:02 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 5/0. 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Sundberg moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda. A. City Council Work Session Minutes of July 24, 2017 B. City Council Regular Meeting Minutes of July 24, 2017 C. Approval of the Verified Claims List D. Approve Revised Crescent Beach Agreement with Tonka Bay Motion passed 510. 3. MATTERS FROM THE FLOOR There were no matters from the floor presented this evening. 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Mike Meehan, Chief of Police, South Lake Minnetonka Police Department Chief Meehan explained that during its July 12, 2017, meeting the South Lake Minnetonka Police Department (SLMPD) Coordinating Committee unanimously recommended approval of the proposed CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 14, 2017 Page 2 of 9 2018 Operating Budget and asked that it be forwarded to the four SLMPD member cities for approval. The Budget reflects a 4.9 percent increase over the 2017 approved budget. The vast majority of the Budget is for personnel wages and benefits. The wages and benefits are based on negotiated salary increases. Each city's contribution to the overall budget is based on the funding formula established by the arbitration of 2006. The formula is reset every five years. It has been reset twice since 2006. The last time was for 2017. The next time will be for 2022. The Committee has ongoing discussions about the funding formula. The funding for the debt service for the public safety facility is based on the ad valorem tax capacity for each member city published the previous year. The bonded debt for the facility was refunded in 2016. That bond refunding will save approximately $127,000 over the life of the bond. The final bond payment will be made in 2022. The SLMPD had an Operating Budget surplus at the end of 2016 mainly due to a staff shortage. The Committee agreed to put the surplus fiords toward a body camera program which will also include new cameras for the squad cars. The squad car cameras and storage system have surpassed the end of their useful life. The Department just completed a five- week -long pilot program with one vendor's body camera. Some of the video that was captured was phenomenal. In a couple of cases it helped the Department resolve some rather significant complaints against some officers. The officers were cleared of any wrong doing. SLMPD staff is in the planning phase for trying a different vendor's body camera and storage system. Meehan noted it is critical to manage expectations from a body camera program. It is not a magic cure and it is not going to catch everything, but it will be an important tool. Chief Meehan offered to entertain questions Councilmember Sundberg thanked Chief Meehan and the SLMPD staff for doing a great job. She also thanked. Chief Meehan for making the body camera program a priority. She stated based on recent incidents in various communities she asked if SLMPD officers will be provided with enhanced training in order to be better prepared to handle certain incidents. Chief Meehan stated he has been an earlier adopter of CIT (crisis intervention training) in the last two departments he worked for. He has started down that path with the SLMPD. Chief Meehan explained CIT training for officers is an intense 40 -hour training program. It is not always easy to fill in for an officer when they are off the street for a week. To date three SLMPD officers have gone through the CIT program; that used up the training budget for that area. He noted the Minnesota Legislature has earmarked a significant amount of money for police training. It is earmarked for CIT and implicit bias training. Councilmember Sundberg asked Chief Meehan how he decides which officers go through the training. Chief Meehan stated it was based on schedules. He clarified he hopes to have all officers go through the 40 -hour course by early 2019. Mayor Zerby thanked Chief Meehan for the great job he does. He stated he met a few new officers when he attending a couple of Night to Unite neighborhood events. He was pleased with their attitudes and knowledge. The feedback he received about the Department during those events was very favorable. He CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 14, 2017 Page 3 of 9 thanked the Department for addressing traffic issues in the City. Chief Meehan expressed the Department has made headway with traffic issues. B. Senator David Osmek Mayor Zerby welcomed Minnesota Senator David Osmek District 33 who was present to give an update on legislative activities. Senator Osmek noted the senate moved into the new office building this year and that the political party he is associated with is now in the majority by one. He then noted that he had been appointed Chair of the Energy and Utilities Finance and Policy Committee. He highlighted some of the things he was involved with during the last legislative session. ➢ A bill passed at the end of the session legislation was passed that reduced the cost to accelerate payers by almost $750,000 over the next 10 years by exiting the biomass mandate. There are three plants that are producing very low amounts of megawatts of electricity at a very high cost. One plant is in Benson and another one is called Laurentian on the Iron Range. The Benson plant was producing energy at a cost of $140 per megawatt hour. Every other form of energy is under $40 per megawatt hour. ➢ The amount of money given to the Minnesota Center Climate Change panel from the Legacy Fund was reduced and that reduction was invested into pollinators. He then highlighted his philosophy about some of the bills the City had questions about. ➢ He supported in a modified version a couple of bills that dealt with interim ordinances for housing. He thought it important to have some publication after the fact as well as some form of public review after the fact. ➢ There were a couple of versions of fee regulatory changes. If someone had a petition they could enact a reverse referendum on electricity and utility fees. Yet, if a local government unit's (LGU's) budget had included revenue from franchise fees to balance the budget and the petition triggered a reverse referendum after the preliminary budget was set that could result in not having it balance after the fact. He thought residents of the LGU would have had ample opportunity to discuss concerns about the fee structure and the budget before it was set. He thought for a large public works facility project, for example, he thought there should be an opportunity for a reverse referendum. He thought the resident threshold to trigger a reverse referendum needs to be significant (e.g.; 10 to 15 percent). Senator Osmek offered to entertain questions. Councilmember Sundberg asked Senator Osmek to comment on the small cell wireless bill. Senator Osmek explained the small cell initiative was what he termed "an adventure ". He worked on that bill as the primary legislator through about the end of March. At that point he thought things were close to a final resolution. The League of Minnesota Cities (LMC) was willing to be somewhat neutral on the proposed legislation and the cell phone companies could accept what was being proposed. Then the cell phone companies walked away from the table. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 14, 2017 Page 4 of 9 He thought it was over at the end of March. On Thursday of the last week of the legislative session he stated to receive emails and text messages about the bill. Representative O'Neill took over the charge for bill in the House. He told Representative O'Neill twice that he was not going to take up the charge again during that session noting he was not sure what the language in the bill was. What he took away from discussions was the reason that legislation was so important to people at that time was because of the Super Bowl in January 2018. The telecommunications companies have been going market to market to install the 5G cell phone technology; 5G service offers significantly faster data speeds when compared to 4G service. But, 5G has different requirements. Those boxes (wireless antennas) can be various sizes but they all have to have a line of sight to them. They can be placed on new or existing poles in the public right of way. The antennas would augment existing cell phone towers Ultimately the bill was passed at the very end. But, it is likely that modifications will be needed. Guidelines are included for what should and what should not be approved. The permitting for the technology has to go through each city. Senator Osmek stated he did not like the process used to get the legislation passed. He thought passing things at the dead of night is notoriously bad. Councilmember Sundberg expressed her appreciation for Senator Osmek's responsiveness to email communications. Mayor Zerby thanked Senator Osmek for coming before Council and for his support in trying to ensure cities maintain the authority they need to effectively manage local government. He stated staff was asked to look up voting records of some local officials and they found it difficult to find that. Senator Osmek stated it depends how things get wrapped up into the omnibus bills. He noted his legislative assistant can usually come up with the correct answer. Senator Osmek noted he has been working on getting some Metropolitan Council reform. It had been in the transportation bill. Governor Dayton vetoed it. He stated he failed to get the Excelsior Commons improvements bond issue and appropriation legislation through the legislature. A. Report by Nathaniel Gorman on the August 8, 2017, Park Commission Meeting Park Commissioner Gorman reported on matters considered and actions taken during the August 8, 2017, Park Commission meeting (as detailed in the minutes of that meeting). 7. PLANNING A. Report by Sue Davis on the August 1, 2017, Planning Commission Meeting Planning Commissioner Davis reported on matters considered and actions taken during the August 1, 2017, Planning Commission meeting (as detailed in the minutes of that meeting). Mayor Zerby noted the Animal Control Ordinance was intended to be a unified ordinance for all four cities served by the South Lake Minnetonka Police Department ( SLMPD). He encouraged staff to speak with the cities and SLMPD staff about any changes it would like to make to the Ordinance. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 14, 2017 Page 5 of 9 B. Zoning Code Amendment — Home Occupations and Definitions Director Darling explained the Zoning Code text amendments Council was being asked to consider this evening pertain to home occupation regulations and related definitions. The proposed language is intended to clarify the City's intent to minimize the impact home occupations have on surrounding neighborhoods. Staff proposed modifications to strengthen the parking requirements related to operating businesses out of a home and to clarify the number of customers who can come to the residential property without getting a special home occupation permit. During its August 1, 2017, meeting the Planning Commission held a public hearing on the amendments and recommended a few changes to what staff had proposed (as detailed in the minutes of that meeting). No one was present to speak during the public testimony portion of the hearing. The City did receive one letter from a resident (a copy of which was included in the Council meeting packet). She provided some background information on home occupations and parking for residential properties. The City's Ordinance breaks out home occupations into two categories — limited home occupation and special home occupation. Limited home occupations are designed to have limited impact on the neighborhood. Special home occupations have more impact. They require a permit which is reviewed by the Planning Commission at a public hearing and then considered by Council for approval. The initial permit is valid for one year. At the end of that one year it can be renewed again for three -year periods. She reviewed the current parking requirements stipulated in the Ordinance for single- family homes. There can be no parking in the front yard except on the driveway and cannot be more than one truck up to 12,000 pounds gross vehicle weight. Every single - family home must have two parking spaces that meet the front setback which varies from 30 to 50 feet. To ensure those two spaces are reserved for parking for people who live in the home, the two spaces cannot be used for storage of commercial vehicles or equipment or for parking vehicles belonging to employees, owners, tenants, or customers of businesses. All additional parking for the residents or their guests must be at least 15 feet back from the edge of the roadway. Commercial vehicles and trailers cannot be parked on the street and they must be parked at least 25 feet from the edge of the roadway. The proposed amendments include language to define commercial vehicles and commercial trailers and to prohibit using the two required parking spaces for home occupations vehicles or storage of equipment. The prohibition was already in the parking ordinance, but she thought it would be best to include them in the home occupation ordinance for ease of use. The new regulations would limit the storage of a commercial vehicle or trailer to one for a limited home occupation. Darling stated staff proposed adding a limitation restricting clients or pupils to one at a time and a maximum of 5 per day for limited home occupations. For a special home occupation it would limit the number to no more than five at a time and no more than 10 per day unless further limited by the City Council. Mayor Zerby stated if a business owner wants to, for example, host a holiday party he asked if that would be allowed without getting some type of permit (e.g.; party). Director Darling clarified that generally a person can just have a party at their home. Director Brown clarified a person must apply for an event permit if there will be 75 people or more in attendance at a time. Ed Hasek 24315 Yellowstone Trail, asked if there can only be one commercial vehicle or one commercial trailer on a property at the same time. Director Darling clarified it would be one or the other CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 14, 2017 Page 6 of 9 for a limited home occupation. Mr. Hasek stated if a commercial trailer is hitched up to a commercial vehicle he asked if that would be considered one or two. Director Darling stated because they are defined separately she would consider that to be two. Mr. Hasek suggested clarifying that in the ordinance. Councilmember Labadie stated the not all inclusive list of examples of special home occupations includes pet grooming. There is also a limit on the number of clients /pupils at a time or throughout a day. There is no limit on the number of animals. She recommended adding a restriction on animals. Director Darling suggested removing "... teaching, counseling or sales meeting ..." from Subd. 12.d.(3)(d)(ii) under special home occupation. Labadie stated she just wants to limit the number of animals at one time and per day. Councilmember Siaklel suggested changing "... client /pupil at a time ..." to "... client /pupil /animal at a time ..." in Subd. 12.d.(3)(d)(ii). Labadie noted she likes the rest of the proposed amendments. She asked if the City has ever received complaints about the pet boarding business in the City. Director Darling responded not to her knowledge and stated that the one boarding business in Shorewood has a special home occupation permit. Labadie asked the same about pet grooming businesses. Darling again stated not to her knowledge. Councilmember Johnson stated he thought it made sense to restrict the number of animals also. Director Darling stated the Planning Commission recommended changing "... Auto repair, whether for consideration or not ..." to "... Auto repair ..." in Subd. 12.d.(4). She recommended keeping "... whether for consideration or not ..." in. Labadie moved, Siakael seconded, Approving ORDINANCE NO. 544, "An Ordinance Amending the Shorewood Zoning Code as it Pertains to Home Occupations for the City of Shorewood" subject to in Subd. 12.d.(3)(d)(ii) changing 11... client/pupil..." to ',... client /pupiUanimal ... "and "... clients /pupils..." to ',... clients /pupils /animals ..." and in Subd. 12.d.(4) changing "... Auto repair ..." to "... Auto repair, whether for consideration or not, ". Motion passed 5/0. Zerby moved, Johnson seconded, approving the publication of Ordinance No. 544 by title and summary. Motion passed 510. C. Vacation — Right -of -Way of Northgate Circle Director Darling noted the vacation of the undeveloped portion of Northgate Circle was continued from Council's June 26, 2017, to allow the Minnesota Department of Natural Resources (DNR) adequate review time as required by State Statute. She explained DNR representatives have concluded their review and waived the remainder of the DNR's time. The DNR had no comments on the vacation and found the request did not merit a full review. The DNR did recommended the City encourage the owners of the adjacent properties to adopt shoreline best management practices in order to protect wetland habitat and improve water quality. Staff provided a link to that information on the DNB's website to the owners of the 26525 and 26575 Edgewood Road properties. Staff identified two issues with the requested vacation. 1) 26745 Edgewood Road would have no direct frontage on a public right -of -way (ROW) without Northgate Circle and that violates the intent of the zoning regulations to require all properties to have direct access to a public street. The lot would also become a nonconforming with regard to lot width. 2) Because of the topography and the large wetland it would be unlikely that any access could be provided to that lot via Northgate Circle. It would also be unlikely that the east side of Edgewood Road could be subdivided for a buildable lot. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 14, 2017 Page 7 of 9 Darling noted staff recommends the approval of the vacation. Siakel moved, Labadie seconded, Adopting RESOLUTION NO. 17 -068, "A Resolution Vacating Undeveloped Portion of Northgate Circle." Motion passed 510. 8. ENGINEERING/PUBLIC WORKS 9. GENERAL /NEW BUSINESS A. Approve 2018 South Lake Minnetonka Police Department Operating and Debt Service Budget Administrator Lerud noted South Lake Minnetonka Police Department (SLMPD) Chief Meehan came before Council during its work session immediately preceding this meeting to answer any questions Council may have about the proposed 2018 SLMPD Operating and Debt Service Budget. He clarified that the City's funding contribution for 2018 will increase by $57,776 when compared to its 2017 contribution. Councilmember Siaklel asked if repairs and maintenance include funding for the concrete repairs needed at the public safety facility located in Shorewood. Administrator Lerud stated there was a sufficient balance in the Debt Service Fund generated by the 2016 bond refunding. A portion of that will be used to fund the SLMPD's share of the cost for the concrete work. Sundberg moved, Johnson seconded, approving the South Lake Minnetonka Police Department's 2018 Operating Budget and Debt Service Budget as presented. Motion passed 510. B. Metropolitan Council Environmental Services Lift Station 18 Landscaping Plan Update Director Darling provided an update on the landscaping plan for Metropolitan Council Environmental Services' (MCES') Lift Station 18 replacement project. She explained during its July 10 meeting the City Council accepted a petition from a significant number of property owners in that area requesting that the landscaping plan be enhanced. The City has received a copy of the revised plan that the MCES staff put together. She and Engineer Hornby have reviewed the revised plan and made a few insignificant comments about it. The revised plans include a four -foot berm along 3rd Avenue and planting an additional 17 trees. Darling stated staff will continue to work with MCES representatives on the revised plan. Staff will also let the organizer of the petition know what is going on. Mayor Zerby noted that he, Councilmember Labadie and Administrator Lerud met with representatives from MCES and toured the site. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Engineer Hornby stated the contractor is planning to start the sealcoat project on August 16 weather permitting. He then stated the pavement marking project is complete with the exception of adding in the Freeman Park south parking lot. The lot was just paved. He went on to state the Minnesota Department of CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 14, 2017 Page 8 of 9 Transportation (MnDOT) is going to start on August 21 replacing the signal light at the intersection of Trunk Highway 7 and Vine Hill Road. The project will also include widening the northbound lane on the south side of Highway 7 to accommodate an additional lane. MCES is also going to extend the safety fence from the signal past the High School over to Highway 101. MCES has indicated it should be done by the time school starts. Mayor Zerby stated he has received complaints about significant goose droppings on the roadways on the Minnetonka Country Club property. Engineer Hornby explained he has asked the developer Mattamy Homes and the builder to keep up on sweeping the site as part of erosion control. Technically goose droppings do not fall under the control of erosion control. Mayor Zerby asked Engineer Hornby to provide an update on Chaska Road. Hornby explained the contractor for the watermain extension is in the process of moving equipment out. The utility work is complete. He has asked the prime contractor when the road contractor will begin work but that contractor was not direct with him. He then contacted the subcontractor and they are going to discuss that on August 15. The subcontractor has experienced delays with the road crew because of weather. Zerby then asked if the Road is navigable now. Hornby stated only on the paved side. He noted Xcel Energy is in the area relocating its utilities. There also a lot of deliveries being made for the Oppidan project. B. Mayor and City Council Councilmember Sundberg stated she went on the tour the Riley- Purgatory -Bluff Creek Watershed District ( RPBCWD) coordinated of the entire District. It was well attended. She estimated that about 125 people went on the tour. The tour stopped at the Eden Prairie Fire Station 2 where a reuse system was installed to capture rain water that comes off of a fire station roof. That water is used to wash firetrucks and irrigate landscaping around the station. That was a cooperative effort between the RPBCWD and Metropolitan Council Environmental Services (MCES). She suggested staff monitory the effort to find out if something like that would warrant the City's attention. Mayor Zerby expressed concern that The Waters of Excelsior Project does not appear to have started. The property is very distressed. Administrator Lerud stated he will contact Excelsior staff and check on the timeline. Zerby stated he thought people enjoyed the boat cruise appreciation event held on August 4. The weather was great. He appreciated the opportunity to get to know some of people in attendance a little better. He thanked staff for organizing the event. He noted he attended a couple of Night to Unite neighborhood events in the City. Zerby explained that he and Councilmember Labadie had been introduced to the Metropolitan (Met) Council's leader position for Shorewood along with some of Met Council's staff. They toured Badger Park , City Hall, the Southshore Center, and a number of other areas in Shorewood. Labadie provided an overview of the map of Shorewood. He noted he asked Met Council to start looking at the South Lake area as a community and not at each city in the area individually. 11. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of August 14, 2017, at 8:11 P.M. Motion passed 5.0.. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES August 14, 2017 Page 9 of 9 RESPECTFULLY SUBMITTED, Christine Freeman, Recorder ATTEST: